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HomeMy WebLinkAboutLL 2010 #02DAVID A. PATERSON GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE RECEIVED JUL 2 0 2010 Soul, old fo~,n LORRAINE A. CORTES-VAZQUEZ SECRETARY OF STATE Lynda M Rudder Deputy Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 RE: Town of.Southold, Local Law 2, 2010, filed on July 6, 2010 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state.n¥.us. Sincerely, State Records and Law Bureau (518) 474-2755 WWW.DOS.STATE.NY.US * E-MAIL:INFO~DOS.STATE.NY.US SOUTHOLD TOWN BOARD PUBLIC HEAR1NG June 15, 2010 7:35PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 8:23 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of May 2010, a Local Law entitled "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-80~ R-120, R-200~ and R-400 Districts and Accessory, Apartments" 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 Southold Town Hall, 53095 Main Road, Southold, New York, on the 15th day of June, 2010 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-40~ R-80~ R-120~ R-200~ and R-400 Districts and Accessory Apartments" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-40~ R-80~ R-120~ R-200~ and R-400 Districts and Accessory Apartments". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent and purpose of this law to allow accessory apartments within accessory structures in A-C, R-40, R-80, R-120, R-200 and R-400 Districts to provide the opportunity for the development of small rental housing designed to meet the housing needs of median income families, both young and old, and relatives of families residing in the Town of Southold. It is also the intent of this law to increase compliance with building and fire code, property maintenance, preserve property values and the health, safety and welfare of the community." Amendments to Accessory Apartment Regulations 2 June 15, 2010 II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: {}280-4. Definitions. ACCESSORY APARTMENT - An apartment ~ created in a presently existing one family dwelling unit or accessory structure pursuant to §280-13A(_6 or B 13). FAMILY MEMBER - The spouse, domestic partner, child, grandchild, stepchild, parent, aunt, uncle, niece, nephew, brother or sister of the owner or of the owner's spouse or domestic partner. RENTAL PERMIT - A permit issued by the Chief Building Inspector to the owner to allow use and occupancy of a lawfully existing accessory apartment. §280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) One-family detached dwellings, not to exceed one dwelling on each lot. (2) The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: [Amended 5-23-1989 by L.L. No. 8-1989] (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the promises. [Amended 11-29-1994 by L.L. No. 25-1994; 5-13-1997 by L.L. No. 8-1997] (b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks)EN on lots of 10 acres or more. (c) Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. (d) The retail sale of local produce from structures of less than 20 square feet floor area shall be set back at least 10 feet from any lot line. [Added 5-13-1997 by L.L. No. 8-1997] (3) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (4) Wineries which meet the following standards: [Added 11-29-1994 by L.L. No. 26-1994] (a) The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; (b) The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; (c) The winery structures shall be set back a minimum of 100 feet from a major road; and (d) The winery shall obtain site plan approval. (5) Small wind energy systems on parcels greater than seven acres in size, which parcels are dedicated primarily to uses necessary for bona fide Amendments to Accessory Apartment Regulations June 15, 2010 (6) agricultural production, and subject to the standards provided in Chapter 277 of this Town Code. [Added 7-17-2007 by L.L. No. 15-2007] One accessory apartment in an existing one-family dwelling, subject to the issuance of a rental permit in accordance with Section 280-13D and the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 450 square feet of livable floor area. (e) The accessory apartment shall not exceed 40% of the livable floor area of the existing dwelling unit and any addition thereto permitted under Section 280-13(B)(13)(i) hereof. (f) A minimum of three off-street parking spaces shall be provided. (g) Not more than one accessory apartment shall be permitted on a lot. (h) The accessory apartment shall meet the requirements of an ~ apartment as defined in § 280-4 hereof. (i) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. .... v ........ , .............. c.n ~.~ u ect to all other restrictions and requirements in this Code, a reasonable expansion of the existing foundation, not to exceed 25% of the living space of the existing dwelling unit, may be permitted to accommodate the creation of an accessory apartment. s~.2'; .~rst aca",.r. [Amended 5-20-1993 by L.L. No. 6-1993] (1) All conversions shall be subject to the inspection of the Building Inspector and r~ issuance ofth~ a certificate of ccc=panty compliance ....... ;. [Amended 5 -20-1993 by L.L. No. 6-1993 ] (m) The ........~ dwelhng which is converted to permit an accessory apartment shall be in existence, and ..... be eligible for or have a valid certificate of occupancy issued prior to January 1, 4084 2004, or proof of legal occupancy prior to that date. [Amended 5-20- 1993 by L.L. No. 6-1993] Amendments to Accessory Apartment Regulations June 15, 2010 4 (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. (o) Notwithstanding the provisions of § 280-13B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. (p) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (q) No bed-and-breakfast facilities, as authorized by § 280-13B(-141~) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3- 1989] Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for two, fc~m~ly dwell:~ng~ and the uses set forth in Subsections B(1, 13, & 14) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (1) Two-family dwellings not to exceed one such dwelling on each lot. (2) Places Of worship, including parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one2family dwelling), subject to the following requirements: (a) No building or part thereof shall be erected nearer than 50 feet to any street line and nearer than 20 feet to any lot line. (b) The total area covered by all principal and accessory buildings shall not exceed 20% of the area of the lot. (3) Private elementary or high schools, colleges and other educational institutions, subject to the following requirements: (a) No building shall be less than 50 feet from any street or lot line. (b) The total area occupied by all principal and accessory buildings shall not exceed 20% of the area of the lot. (c) Any school shall be a nonprofit organization within the meaning of the Intemal Revenue Act and shall be registered effectively thereunder as such. (d) Any such school shall occupy a lot with an area of not less than five acres plus one acre for each 25 pupils for which the building is designed. (4) Nursery schools. (5) Philanthropic, eleemosynary or religious institutions, health care, continuing care and life facilities, but excluding facilities for the treatment of all types of drag addiction, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 11-12-1996 by L.L. No. 20- 1996] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line nor within 50 feet of any lot line. Amendments to Accessory Apartment Regulations June 15, 2010 5 (6) (7) (8) (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) The maximum height shall be 35 feet or 2 1/2 stories. (d) The entire lot, except areas occupied by buildings or parking or loading areas, shall be suitably landscaped and properly maintained. (e) Any health care, continuing care or life care facility shall meet the following standards: [ 1 ] All buildings shall be of fire-resistive construction. [2] All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. [3] Patients suffering from communicable diseases shall not be permitted in any nursing home or sanatorium. (Communicable diseases are defined by the Sanitary Code of the Public Health Council of the State of New York.) [4] Eight thousand square feet of lot area shall be provided for each patient bed. Public utility rights-of-way as well as structures and other installations necessary to serve areas within the Town, except that wireless communication facilities must obtain approval pursuant to Article XVII, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. [Amended 11-12-1997 by L.L. No. 26-1997] Beach clubs, tennis clubs, country clubs, golf clubs and annual membership clubs and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings catering exclusively to members and their guests, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 12-8-1998 by L.L. No. 26-1998] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line or within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) No such use shall occupy a lot with an area of less than three acres. Children's recreation camps organized primarily for seasonal use and subject to the following requirements: (a) No building, tent, activity area or recreation facility shall be less than 200 feet from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than 30 feet from each other, except tents, which shall be not less than 10 feet apart. Amendments to Accessory Apartment Regulations June 15, 2010 (9) (10) (11) (12) (13) (b) The minimum lot area shall be not less than 10,000 square feet for each cottage, tent or other principal building and not less than 3,000 square feet of land area shall be provided for each person accommodated in the buildings or tents on the premises. EN (c) The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. Farm labor camps, subject to the following requirements: (a) All farm labor camps on farms shall be construed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the Planning Board. Veterinarian's offices and animal hospitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure, if nearer than 150 feet to any lot line. Cemeteries. Stables and riding academies. EN One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (a) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (b) A minimum of three off street parking spaces shall be provided on premises. (c) Not more than one accessory apartment shall be permitted on a lot. (d) The accessory apartment shall meet the requirements of an apartment as defined in Section 280-4 hereof. (e) The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. (t) The accessory structure which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008. (g) The existing accessory structure shall comply with all other requirements of this Chapter. (h) Approval of the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (i) No bed-and-breakfast facilities, as authorized by Section280- 13(B)(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with Section 280-13 D and the following requirements: |Il The owner of the premises shall occupy either the existing single-family dwelling trait or the accessory apartment in the detached accessory structure as the owner's principal residence. The other dwelling unit shall be leased for year- Amendments to Accessory Apartment Regulations June 15, 2010 7 [2] f31 round occupancy evidenced by a written lease for a term of one or more years to: a) a family member; or b) to a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement. Rents charged to a resident on the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to §280-30(F) of this Code. No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building [4] Code. An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. The Chief Building Inspector, Zoning Inspector, and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. (14) Bed-and-breakfasts which have been issued a bed-and-breakfast permit by the Building Inspector. Said permit shall be issued for a term of one year if the following conditions are met: [Amended 3-14-1989 by L.L. No. 3- 1989; 2-7-1995 by L.L. No. 3-1995] (a) A smoke alarm shall be provided on each floor and in every guest room. (b) The dwelling shall have at least two exits and there shall be a window large enough for emergency egress in each guest room. (c) The identification sign shall be no larger than two square feet in areas zoned Residentiai-Office or higher, bnt there shall be no exterior signage identifying the use as a bed-and-breakfast in residential areas. (d) No accessory apartment, as authorized by § 280-13B(13) hereof, shall be permitted in or on premises for which a bed-and-breakfast facility is authorized or exists. (15) Historical society. [Added 11-12-1996 by L.L. No. 20-1996] (16) Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one apartment, not to exceed a total of three uses per building, provided that such building is owned and maintained by a not-for-profit historic organization. In no event shall there be more than one apartment per building. [Added 10-25-2005 by L.L. No. 18-2005] Amendments to Accessory Apartment Regulations June 15, 2010 Rental Permit for Accessory Apartments: Notwithstanding any prior course of conduct or permission granted, no owner of property shall cause, permit, or allow the occupancy or use of an accessory apartment created pursuant to Sections 280- 13A(6) or 280-13B(13) without a valid rental permit issued upon application to the Chief Building Inspector. (1) Content of Application: An application for a rental permit or for a renewal of a rental permit shall bear the notarized signature of the owner and contain the following information: a) The name, date of birth and telephone number of the owner. b) The address of the subject property including street address and Suffolk Count3, Tax Map number. c) In the event the owner is a corporation, parmership, limited liability company or other business entity, the name, address and telephone number of each owner, principal, officer, shareholder, partner or member of such business, d) The name(s) and telephone number(s) of all tenants. e) A copy of the lease agreement between Owner and Tenant. f) A copy of the certificate of occupancy or pre-existing certificate of occupancy for the property. (2) The owner of an accessory apartment within an existing one family dwelling shall, in addition to the information required in Section 280- 13D( 1)(a)-(fk ~rovide a certification that the existing dwelling or accessory apartment is occupied by the owner and that the premises is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. (3) The owner of an accessory apartment in an accessory structure lawfully existing pursuant to Section 280-13B(13) shall, in addition to the information required in Section 280-13D(1)(a)-(l), provide a certification that: a) the existing single-family dwelling or the accessory apartment in the accessory structure is occupied by the owner as the owner's principal residence; b) that the other dwelling unit on the subject property is to be occupied by either a family member or a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement, and c) that rents charged to a tenant from the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to Section 280-30F of this Code. d) that the dwelling unit is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. Review of Application: The Application for a rental permit shall be reviewed for completeness and accuracy by the Chief Building Inspector (4) Amendments to Accessory Apartment Regulations June 15, 2010 and, in the case of applications pertaining to accessory apartments in accessory structures, by the Special Projects Coordinator. The Chief Building Inspector shall not issue a rental permit unless the application includes all of the requisite information enumerated in Section 280- (6) (7) (9) 13D(1)-(3) and written approval by the Special Projects Coordinator that the requirements of Section 280-13B(13)(j) have been satisfied. The Chief Building Inspector shall have the right to inspect the property to confirm compliance with the New York State Uniform Fire Prevention and Building Code and this Code. Fees: A nourefundable annual permit application fee in the amount of $150 shall be paid at the time of filing an application for a rental permit or a renewal rental permit for an accessory apartment in an existing single- family dwelling. A nourefundable annual permit application fee in the amount of $100 shall be paid at the time of filing an application for a rental permit or a renewal rental permit for an accessory apartment in an accessory structure. Registry of Permits: It shall be the duty of the Chief Building Inspector to maintain a register of permits issued pursuant to this chapter. Such Register shall be kept by name of applicant and street address and set forth the date of expiration of the rental permit. Annual Renewal: Rental Permits issued pursuant to this chapter shall be valid for a period of one (1) year from the date of issuance and must be renewed by application to the Chief Building Inspector in accordance with the procedures for the issuance of the initial rental permit within ten (10) days of expiration. Penalties for offenses: In addition to any other penalties for violations of this Chapter, the Chief Building Inspector or Zoning Inspector shall revoke a permit when he or she finds that the owner has caused, permitted or allowed to exist and remain upon the premises a violation of any provision of the Code of the Town of Southold for a period of 14 days or more after written notice has been given to the owner. Should the owner permit any such violation of this Code, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New ' York to remain uncured for a period of 30 days or more after written notice has been given to the owner, the Chief Building Inspector may revoke the certificate of compliance for the accessory apartment. Appeal by Owner: An appeal of a denial, revocation or renewal ora rental permit by the Chief Building Inspector based upon the owner's failure to satisfy the requirements of Section 280-13B(13)(j)(1) and (2) may be taken to the Housing Advisory Commission, by written request, made within 30 days from the date of such revocation. The Housing Advisory Commission shall hold a public hearing on such appeal within 30 days after receipt of written notice of such appeal and, after such hearing, shall make written findings and a decision either sustaining such denial or revocation or issuing or reinstating such permit within 30 days after close of such public hearing. Any appeal of the revocation of a certificate of Amendments to Accessory Apartment Regulations June 15, 2010 10 compliance must be presented to the Zoning Board of Appeals within 30 days from the date of revocation. ARTICLE XXVII Administration and Enforcement § 280-151. Administrative and enforcing officer. A. It shall be the duty of the Building Inspector and such deputies and assistants as may be appointed by the Town Board to administer and enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto. B. The Building Inspector and/or his Assistant and Deputy Building Inspectors shall have such right to enter and inspect buildings, structures or premises and to perform other acts necessary for the enforcement of this chapter as is conferred upon them by law. He shall maintain files of all applications for building permits and plans submitted therewith and for certificates of occupancy and records of all building permits and certificates of occupancy issued by him, which files and records shall be open to public inspection and to perform such other acts necessary for the enforcement of this chapter as is conferred upon them by law. C. Said Building Inspector shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken on each such complaint, which records shall be public records. He shall report to the Town Board, at intervals of not greater than three months, summarizing for the period since his previous report all building permits and certificates of occupancy issued by him and all complaints of violations and the action taken by him thereon. D. The Building Inspector shall make the necessary inspections for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter. E. At the request of the Town Board, the Building Inspector shall inspect any premises for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter and report, in writing, to said Board the results of his findings. F. At the request of the Planning Board, the Building Inspector shall review site plan applications for compliance with this chapter and requirements established in the prcsubmission conference. EN G. For this chapter, the term "Building Inspector" shall include and refer to: [Added 11-24-1998 by L.L. No. 23-1998] (1) Building Inspectors of the Town of Southold; and (2) The D~rect~,r ~f Cc,~ Enf~r~zment Zoning Inspector of the Town of Southold. EN § 280-155. Penalties for offenses. [Amended 6-2-2009 by L.L. No. 6-2009] A. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits, takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply Amendments to Accessory Apartment Regulations June 15, 2010 11 with a written order or notice of any Building Inspector; or Zoning Ordi~mee Inspector er Cc. dc Enfzrcement @fficcr shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. B. Notwithstanding the foregoing, any violation of §280-13A(6), §280-13B(13), and §280-13D are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violation shall constitute a separate additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. § 280-156. Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by local process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have here a copy of the notice of local law, an advertisement of posting on the Town Clerk's bulletin board on June 3, 2010. I have a letter here from the Suffolk County Planning Commission again stating that this would be a matter for local determination as there is no apparent significant countywide or inter-community impacts. I have a letter from the Southold Town Planning Board, 'in regards to the local law in relation to Amendments to Accessory Apartment Regulations June 15, 2010 12 amendments to use regulations in Agricultural districts and residential, the Planning Board has reviewed the above amended proposed legislation and supports the draft with no further comments or recommendations.' A letter from LWRP coordinator Mark Terry, 'the proposed local law has been reviewed to Chapter 268 Waterfront Consistency Review of the Town of Southold Town Code and the local waterfront revitalization policy standards, based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards and therefore is consistent with the LWRP pursuant to Chapter 268 the Town Board shall consider this recommendation and prepare in its written determination regarding the consistency of the proposed action.' And finally just the affidavit of posting in the Suffolk Times, June 3, 2010. That is it. SUPERVISOR RUSSELL: Before I take public comment, let me just clarify, there are two very separate provisions to this legislation or these amendments. One is we currently have an accessory apartment law on the books in Southold Town but it is a fairly restrictive law. It limits houses that were built prior to 1982, June of 1982 etc. No external expansion of the home. What we have tried to do is address that and provide more homes with opportunities to create accessory apartments. It in no way regulates the occupancy or ownership of those apartments. You can lease them out to who you like. It does require that the principal resident resides on the premises. The second component which I think people got confused on and that is with the separate accessory structure. What we are allowing for the first time is for accessory apartments to exist in separate structures such as garages. But under those circumstances, we are only allowing for the residency of two parties. One would either be a family member as defined by the town code in the body of this law or second would be someone who is on the affordable housing registry of Southold Town or who could qualify for the affordable housing registry of Southold Town. It would regulate the occupancy to those parties and regulate the rent that is collected based on the guidelines that get adopted each year by the Southold Town Board at the recommendation of the Affordable Housing Commission. The thinking was, we don't, in this economy, have very many opportunities to create affordable housing. Certainly there is nobody knocking at the door looking to build affordable housing. What we are trying to do is help ease some of the affordable housing crisis with the utilization of the existing inventory of the town, with the existing homes and the existing garages. What we are not looking to do is create this pell mell rush to build accessory apartments anywhere and everywhere and undermine the very zoning that exists that allows for single family dwellings on residential lots. We are trying to meet the goals of affordable housing with the second component of this legislation. So, with that clarification, hopefully I made it more clarified, I would ask anyone that wants to comment on the issue? Pat Moore. PATRICIA MOORE: Thank you. Patricia Moore. I am here both as an attorney and as a resident of Southold. I want to thank the Town Board and the Town Attorney as well and the code committee who worked very hard, everyone worked very hard to as you pointed out, bring the accessory apartment law in principal building into current, the current needs, and also provide for accessory apartments in accessory structures. Very few comments I have because you did implement many of the observations that were Amendments to Accessory Apartment Regulations 13 June 15, 2010 made at the last public heating but one that I noticed with respect to the definition of family member, I get several people that I speak with on a regular basis with respect to adult daycare in particular, people who need both childcare or care so on or adult care that is, it is not a high paying position and therefore many times people need to provide for housing for someone that is, you have young children, I know I had to deal with when' my children were young, dealing with somebody when everybody works that can help with your children at home and we have a significant senior population and they are more and more relying on adult daycare. If there is a concem about opening it up for caregiver, I think I made that point last time, caregiver, in most instances a caregiver in an accessory because really we are just dealing with the accessory building, that is the only time that family member definition really is applicable or restrictive. If you want to put in with respect to caregiver, that they are, it is not rented in the sense that the homeowner is not using the accessory space for rental purposes, it is really providing for an additional space for a caregiver and in most instances it is really just an accommodation more than it is financial benefitted. You know, it is providing somewhere for the caregiver to stay. Sometimes you have to bring caregivers from out of the area if you don't have availability within the area and so they may need to have a place to slay for extended periods of time, 24 hour care or seasonal care, whatever, to provide for that. So again, I would point out that caregiver is really a needed definition in the, as family member and if your concem on, I was surprised not to see it in the code but if your concerned about opening it up too much, just make caregiver where no rental, the individual is not renting. COUNCILMAN TALBOT: How would you control that? MS. MOORE: Well, you are doing rental permits regardless, so .... COUNCILMAN TALBOT: Well, if it wasn't a rental, you are not collecting any money, if somebody says they are not collecting any money it is just a caregiver. MS. MOORE: Well, you can say, you know, it is not collecting money. I am assuming that with a rental permit even if you don't, you don't distinguish between somebody who is renting and somebody who is not, so if you are in fact it is a family member in there, it is not clear from the code, I didn't read it to see that there was a differentiation between a family member, that was something, I think we have discussed it at code committee but I am not sure that it was implemented into the code. SUPERVISOR RUSSELL: There were a couple of concems. One was it is difficult to validate the employment of the individual. It is much easy to validate the family member or somebody who is on the affordable housing list. And we were worried about people who would say they are an au pair or they are a caregiver without our ability to determine if that is true or not. Secondly, I think we spoke to that by easing the restrictions with the principal dwelling. In other words, au pairs, nannies, caregivers by easing the accessory apartrnent availability in the principal structure, should satisfy the need for housing for anyone who falls in that category. Amendments to Accessory Apartment Regulations June 15, 2010 14 MS. MOORE: I hope that you will keep it in mind, if, you know, after this law is implemented, seeing that if the need still remains. I see it on a daily basis because I meet with people and talk about their needs. I think it is something that won't be satisfied through principal dwelling occupancy because it makes you make modifications to your house that are significant that the accessory building may be very simple to create a simple space, you know .... SUPERVISOR RUSSELL: I don't, honestly don't envision why an accessory structure would be easier to convert to living space than the interior of an existing dwelling. It would probably be a lot cheaper to add that accessory apartment to the existing living space. You are talking about walls and .... MS. MOORE: But you can do that now. you can create a room for a .... SUPERVISOR RUSSELL: Right. MS. MOORE: But it is not providing the privacy that oftentimes is really something that is needed. SUPERVISOR RUSSELL: Again, I wouldn't envision why au pairs or nurses would require more privacy than people on the affordable housing registry or family members that are getting married and expanding. But I appreciate your comments. Thank you. MS. MOORE: I do have another comment which is with respect to, again, the detached structure. You have a requirement that the entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure, that didn't, make no sense and when I spoke to architects and showed it to them, they said no, that seems to go contrary to the use of an accessory building because you have, I mean, it makes sense if you have a garage with space above but if you have anything other than that which may be a barn or an accessory structure, a storage building whatever, it may make much more sense to have one room on the first floor and just go up a set of steps to a second floor, not creating that artificial design restriction because you have the square footage limitation already imposed in the code forcing all that space on one floor really kind of, I think gives with one hand and takes away with the other. SUPERVISOR RUSSELL: I think it gives tremendously in one hand and doesn't, what it does is it tries to keep the intent of accessory in place. An accessory apartment, whether it is in a separate structure or the principal dwelling, ought to be accessory to something. What we don't want to see is the creation of little houses on lots that already host a home. We don't want to go down that path and we have already seen that without permission in the law. What we want to make sure is that is an accessory apartment that is accessory to something. MS. MOORE: I don't dispute that but you are making people go through both a special permit, a size limitation so isn't that sufficient control? Why create all of the need for the space because again, these are existing buildings. So you are trying to work within the Amendments to Accessory Apartment Regulations 15 June 15, 2010 existing space, you may have one, as long as you don't exceed the 750 or less, 450 to 750, where that placement is is not, if anything, it is going to keep the size of the structure small and make and keep the structure to look as it is, which is a garage with a door. So, or a barn with a door. Rather than forcing the design to be all on one floor and, I see again, it made no sense and when I spoke to architects, it made no sense to them. SUPERVISOR RUSSELL: Amhitects speak to a different constituency. They speak to people with means, that can afford to hire architects to design things for them. MS. MOORE: No, you need an architect .... SUPERVISOR RUSSELL: We are trying to address .... MS. MOORE: I respectfully disagree. You are going to need to comply with the state building code here. SUPERVISOR RUSSELL: That is absolutely right. MS. MOORE: Okay. So you are .... SUPERVISOR RUSSELL: But the architects you are talking to probably aren't discussing the issues of affordable housing with the registry that we are trying to address or with family members. We didn't want to go down the path of letting people build these little cottages, these little capes on lots. MS. MOORE: But you are not allowing anybody to build anything because it is .... SUPERVISOR RUSSELL: Or converting. Or converting these garages into these little houses. We want very much to see a single level apartment in the accessory structure. Not the accessory structure becoming .... MS. MOORE: But if you have a 30 x 20 foot garage, old garage... SUPERVISOR RUSSELL: Right. MS. MOORE: Okay, and you have that space (inaudible) second floor but it may be that that 750 allows you to put a very small kitchenette on the first floor to make the space so that it is useable. Again, you are creating these artificial, that is what happened last time with our accessory apartment law, there were these artiflciai conditions imposed that made it really difficult for people to implement what was the goal of the town, which was to provide accessory apartments. SUPERVISOR RUSSELL: What I think you call artificial is sound thinking to make sure that skullduggery doesn't take place. So that people don't come in and say, well, it is really just the first half of the second floor that is going to be living space and I am going to marry this to the apartment on the first floor. The enforceability, once the co Amendments to Accessory Apartment Regulations 16 June 15, 2010 gets issued, is very difficult. It is much easier to look at the occupied space versus the vacant storage space. To start distinguishing between what is living space and what is not in a two story structure becomes very difficult to enforce once the, and what we don't want is the expansion. We want to keep that inventory in place to meet a specific .... MS. MOORE: I think all of those goals are implemented without this legislation. SUPERVISOR RUSSELL: I heartily disagree. COUNCILMAN KRUPSKI: And we did have the discussion in code committee about just this issue. So it is not like we just thought about it, you just brought this tonight. We had this discussion. COUNCILMAN ORLANDO: We did bring it up, Pat. I happen to agree with you on that one. I don't agree with you on the first comment but I agree with you on this one. I can see 300 on the bottom, 350 up top. MS. MOORE: Great. I mean, you are going to the zoning board for special permit and you are going to, and you are having the building department and enfome it so enfomement issues really have been satisfied by forcing everybody to get rental permits. SUPERVISOR RUSSELL: Is there a demand on the affordable housing registry for two story structures? I mean, wouldn't a one story apartment seem to satisfy some of that need. I don't know why it doesn't achieve the goals that was stated in the legislation, to restrict it to one story of whether it is the first or second floor. I don't know why that wouldn't achieve the goals without having to go to a two story, I just don't understand... COUNCILMAN ORLANDO: It is just an option. Someone might have a two car garage .... MS. MOORE: I think it is confusing, existing structures, to the extent that you don't change them in any way, you are able to allocate space. So you don't give up your garage, in a sense, if you have a two car garage and it may be that you continue to use one bay and the other bay is available and maybe there is a little space on the second floor for the bedroom. You have one bedroom, so you have one bedroom on the second floor and the living space on the first floor. It works very well. SUPERVISOR RUSSELL: You are talking about design options but you know... MS. MOORE: It is purely .... SUPERVISOR RUSSELL: The nature of the law is you know, the nature of the law is to just allow for these accessory apartments and it is not going to be a law that is going to fix everything but there have to be some limits in place and that is just the nature of it. not every accessory structure is going to conform to the needs of this legislation. We can't help that. Amendments to Accessory Apartment Regulations 17 June 15, 2010 MS. MOORE: I would hope that you keep it in mind, if not this time because you have to see it in practice. I hope that in the future, at least when you go to the zoning board, if the zoning board says well, you know, you have got this space, why force all the space on the second floor to make up 350 square foot when you could have a 500 square foot area .... SUPERVISOR RUSSELL: I have assessed for 15 years a lot of that space. I have seen pool houses that are the, I saw garages that I could only hope to live in a garage so nice someday. I have seen all that. I have seen the capabilities. I think what we need to do is focus on meeting the intent of the legislation and if that means ultimately some of the accessory structures out there aren't going to meet the needs of this legislation, let's, we have got to start somewhere. MS. MOORE: Okay. Well, I appreciate your starting point. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address accessory apartments in Southold Town? JUDI FOUCHET: Judi Fouchet, Southold. I actually came out tonight because I wasn't sure whether or not there would be anybody saying they disagree with this and I just wanted to make sure there was nobody that didn't realize that we do need this so desperately. I know so many young people who want to come back and live in the town they were bom and raised in and for me, when I left it was never even a question, I knew I could always come back and I would be able to. We desperately need this because there are no starter homes anymore in Southold. So people who want to save money, buy a home or just want to live and be a young person and not have the responsibility of a home, can't even get out of their parent's houses. So, I am thrilled that you are doing this. COUNCILMAN ORLANDO: Now you can move into the garage. MS. FOUCHET: Yes. Or my garage. And for those of us who life has dealt us things that we haven't anticipated, it helps us keep our homes. COUNCILMAN ORLANDO: Absolutely. SUPERVISOR RUSSELL: What we have been looking, yes, it is a two fold, retirees who have fixed incomes and young people who have marginal incomes because they are newly employed. But technically, this road to homeownership that we have always focused on, this Board I think, recognizes that it is not a road at all, it is a ladder. And what we need to do is design rungs in that ladder to help people climb to the top. We can't guarantee that Levittown outcome, that you are going to have the house with the picket fence and certainly in this economy it is non-existent. But at least if we can develop rungs in a ladder, so you can have safe, secure, legitimate place to live to develop some of that equity, whether it is some in the back, you know, over the garage at Amendments to Accessory Apartment Regulations 18 Jtme 15, 2010 mom and dad's house or not, it gives you that starting point. Those nmgs in the ladder, so that you can climb the ladder a little easier. MS. FOUCHET: Sure. So I do appreciate it and I have been following this and thank you very much. SUPERVISOR RUSSELL: Thank you, Judi. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Would anybody else like to comment on this issue of accessory apartments? BENJA SCHWARTZ: I wasn't going to but, Benja Schwartz. I would like to agree with the two previous speakers and I would like to ask, what is it exactly that you are passing a law to permit use of existing accessory structures or new, construction of new accessory structures? SUPERVISOR RUSSELL: It would be for principal dwellings, it would be for existing principal dwellings. It does allow for modest expansion of that dwelling to accommodate for the accessory apartment. The previous law did not allow you to go outside the footprint. It had to be done within. So it allows for modest expansion of the existing structure. It was also for existing accessory structures. Again, it is a much more limited accessory apartment law but we were trying to meet public goals with that, in allowing accessory apartments in separate structures for the first time. But it would allow for existing structures and both have co dates that would indicate that the structure needed to be built prior to the co date~ COUNCILMAN KRUPSKI: Prior to 2004. SUPERVISOR RUSSELL: Prior to 2004 and I think for accessory structures it is 2008. so it would be designed for the existing inventory. COUNCILMAN KRUPSKI: So people aren't going to go out and build two family homes because this law only goes back a few years, to ensure that. MR. SCHWARTZ: But the enforceability of this, especially with family members, you know, somebody renting to their son or daughter, I don't know if they are going to get a permit whether you .... SUPERVISOR RUSSELL: They will have no choice. They will have no choice for the occupancy. MR. SCHWARTZ: Good luck with the enforceability of that but I agree that a caregiver should be afforded equal, you know, I think we should be supporting the .... Amendments to Accessory Apartment Regulations June 15, 2010 SUPERVISOR RUSSELL: I think the legislation does that. It allows for the .... 19 MR. SCHWARTZ: inaudible provide for caregivers to live in an accessory apartment on their property. SUPERVISOR RUSSELL: They do. the law does. It allows for the caregiver to live in the accessory apartment that is attached to the principal dwelling. We have moved the line quite a bit to make the availability of accessory apartments in the principal dwelling. MR. SCHWARTZ: Not in a separate .... SUPERVISOR RUSSELL: Structure, no. That is going to be narrowly defined to again, family members or people on the affordable housing registry. You also need to remember, we are not going to create a lot of inventory this way. And we are trying to create a lot of inventory this way and we are trying to meet another public goal and that is affordable housing. There is .... MR. SCHWARTZ: It is my opinion that you could meet that goal and further that goal by including caretakers in the definition of family members. SUPERVISOR RUSSELL: I would think the problem there is that then their only threshold for qualifying is that they are a caregiver employed by the family. Under the current legislation, that would either have to be a direct family member, which we verify through the rental permit or they would need to go through the affordable housing registry so that their income, their qualifications, their residency. You know, we have local residents we are trying to create housing for... MR. SCHWARTZ: It is my opinion that the enforceability would be enhanced and the usability of the law, the functionality, the ability of the law to meet the goal that you have set forth would be enhanced by the expansion of the law as Ms. Moore suggested. COUNCILMAN TALBOT: allowing caregivers? How would enforceability of the law be enhanced by MR. SCHWARTZ: Because it would encourage people who had a need to house a caregiver on their property and didn't want to put the caregiver in their principal dwelling but had an accessory structure that could be used to house that caregiver. It would encourage them to comply with the law and to apply for a permit, rather than if it is illegal, they are not going to apply for a permit, they will just do it. COUNCILMAN TALBOT: Inaudible. SUPERVISOR RUSSELL: That is a challenge in code .... MR. SCHWARTZ: Well, that is how it would, the question was how that would enhance the .... Amendments to Accessory Apartment Regulations 20 June 15, 2010 SUPERVISOR RUSSELL: Just make it legal and then we won't have .... MR. SCHWARTZ: No, not just, the other point about the limiting the space to one story doesn't make much sense to me either. And do you know what a tiny house, quote- unquote, what the tiny house movement is? SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: I have spoken about it, often they include little lofts at least, sleeping loft with a living space and that enhances the affordability of the apartment, so I don't understand why there is .... SUPERVISOR RUSSELL: How does a loft contribute to the affordability? MR. SCHWARTZ: Because it is much less, it is much easier to put a little stairs up to a, create a loft space rather than create a larger structure that takes up more land and it requires less land which is more affordable. SUPERVISOR RUSSELL: You are talking about conversion, but it... MR. SCHWARTZ: Inaudible. SUPERVISOR RUSSELL: The accessory structure can't be expanded so you wouldn't be using more space under this law. You need to build within the existing accessory structure. So there would be no external expansion, in other words, you need to be able to lay it out on the first or second floor. MR. SCHWARTZ: But there might be a loft area setup for example and .... SUPERVISOR RUSSELL: But the law would prohibit that. MR. SCHWARTZ: And it could be used for a bedroom, a sleeping loft. SUPERVISOR RUSSELL: I think we are missing the goal here, which is to create starter housing for people who need starter housing. Those are one bedroom apartments, they are studio apartments, they are, that is the goal we are trying to meet. I actually, my first house was about 500 square feet, total size, 547 square feet or something like that. And I had the one bedroom, the one giant room and one kitchen and a bathroom. That is the layout, we are looking to create that. We are not looking to have people create these little weekend retreats for family members, you know, they create them out of pool houses. MR. SCHWARTZ: Well, but what is the difference if they are all on one story or if they, you know .... Amendments to Accessory Apartment Regulations 21 June 15, 2010 SUPERVISOR RUSSELL: We don't want to see a little house movement in existing accessory structures. MR. SCHWARTZ: Inaudible, it has a slate roof, you know but it had two stories. It was tiny, it was very affordable. SUPERVISOR RUSSELL: Again, the accessory component .... MR. SCHWARTZ: Inaudible. SUPERVISOR RUSSELL: The accessory component needs to still be accessory to something and what we are trying to ensure is that it is still accessory to a separate structure not being... MR. SCHWARTZ: It is an accessory building but why .... SUPERVISOR RUSSELL: It is an accessory apartment in an accessory, it is an accessory apartment in an accessory structure. COUNCILMAN ORLANDO: It is a possible scenario, Benja. I agree, I agree with Pat, it is a possible scenario that could help someone. MR. SCHWARTZ: I don't understand inaudible. RONA SMITH: Hi, Rona Smith, Orient. I am a member of the Housing Advisory Commission. Several other members are here as well. We worked on this legislation for quite a long time and it grew essentially out of as you know, the affordable housing registry. When the Cottages at Mattituck were being contemplated and the registry was being set up, it became clear very quickly that a lot of the people who wanted and needed housing couldn't qualify for mortgages to be even in the lottery for the cottages. So we realized that them was a tremendous need for people to have rental housing. And this came up as an idea which we explored with other towns and looked at what they were doing, we have spoken to you and we met with members of the public at other meetings. And so we think we finally kind of honed in on something that is a good starting point and we know we are not going to achieve a whole lot of new apartments and it is probably better that it doesn't because we want to maintain the character of the neighborhoods that these apartments are going to be placed in and so we think we have a good piece of legislation that we have had a lot of help with to get to the point where it is now. so we hope that you will approve it. SUPERVISOR RUSSELL: Thanks. COUNCILMAN KRUPSKI: Thank you for all your work, the Housing Advisory Commission. Amendments to Accessory Apartment Regulations 22 June 15, 2010 SUPERVISOR RUSSELL: I will tell you, when we sat down and discussed all of the positive aspects of moving the legislation and then all of those unintended consequences that we don't want to see and then you get done and it is month after month and one heating and then we took that feedback and then you sit down and you craft a new one and then you go back to the original recommendations of the Housing Advisory, you guys hit every nail on the head. You certainly had all of those concems right from day one. You try to accommodate as best you can in the legislation, so thank you for the hard work. COUNCILMAN ORLANDO: We need to add some family members, in-laws. Family members, in-laws. SUPERVISOR RUSSELL: Well, that would be the mother or father of the spouse, right? Okay, would anybody else like to comment on this legislation? COUNCILMAN TALBOT: One thing, Benja, maybe a little bit, with this accessory apartments it says that one of the, the living space has to be on one floor, it would still allow the usage of garage on the first floor not bedroom and stuff on second floor and living area on first floor but it would still, may offset and help out a homeowner if they had an apartment on the second floor in a lawfully existing building, it could be ail on the second floor. It is only allowed to have one bathroom as well, so if you are doing some of the things that you are talking about, bedrooms upstairs, then you are back to the old style houses where they have to go downstairs to go to the bathroom in the middle of the night but you would be allowed to have it on the second floor but all of it has to be up there, and then this would still give, maybe offset some of the costs and also give that expanded use. I think that not being a part of this whole thing, I think it is a fantastic start, I don't think any other municipality out here has one of these where they allow accessory apartments in accessory structures and I think this is a great start and if some of these amendments need to be adopted later on, then we certainly can do it. SUPERVISOR RUSSELL: Anybody want to comment on this? (No response) This hearing was closed at 8:55 PM Southold Town Clerk ~ USAirbill Express 8663 9461 6275 o,- 9 I aoto -- ' Accour~ Number Co~p~wTOWN OF SOUTHOLD 1067-7029-8 53095 ROUTE 25 ~SOUTHOLD s~ NY ZIP 1197i 2 Your In~emel Billing Reference * .... - ....... 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(Example: 5 packages can have ate al declgred value of up to $250,000.} In that case, our liability is limited to the actual value of t~e pa ckage(s) lost or damaged, but may not exceed the maximum allowable declared value(s) or the total dec[amd value, whichever is less You are responsible for proving the actual loss or damage Filing A Claim YOU MUST MAKE AL L g L/-',P !0 q'P FedEx Service Guide , Air Tr An s poilatioe ,Tax h) c.lu .de~d RESOLUTION 2010-451 ADOPTED DOC ID: 5991 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-451 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 15, 2010: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of May 2010, a Local Law entitled "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-40~ R-80~ R-120, R-200~ and R-400 Districts and Accessory Apartments" and WHEREAS that 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 therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Use Regulations within tho Agricultural Conservation (A-C) District and Low Density Residential R-40, R-80, R-120~ R-200~ and R-400Districts and Accessory Apartments" which reads as follows: LOCAL LAW NO. 2 of 2010 A Local Law entitled, "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation {A-C) District and Low Density Residential R-40~ R-80~ R-120~ R-200, and R-400 Districts and Accessory Apartments". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent and purpose of this law to allow accessory apartments within accessory structures in A-C, R-40, R-80, R-120, R-200 and R-400 Districts to provide the opportunity for the development of small rental housing designed to meet the housing needs of median income families, both young and old, and relatives of families residing in the Town of Southold. It is also the intent of this law to increase compliance with building and fire code, property maintenance, preserve property values and the health, safety and welfare of the community." II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. ACCESSORY APARTMENT - An apartment A Owc!!ing unit created in a presently existing one family dwelling unit or accessory structure pursuant to §280-13A(6 or B 13). Resolution 2010-451 Board Meeting of June 15, 2010 FAMILY MEMBER - The spouse, domestic partner, child, grandchild, stepchild, parent, aunt, uncle, niece, nephew, brother or sister of the owner or of the owner's spouse or domestic parmer. RENTAL PERMIT - A permit issued by the Chief Building Inspector to the owner to allow use and occupancy of a lawfully existing accessory apartment. {}280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part ora building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: Permitted uses. (1) One-family detached dwellings, not to exceed one dwelling on each lot. (2) The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: [Amended 5-23-1989 by L.L.N.o. 8- 1989] (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises. [Amended 11-29-1994 by L.L. No. 25-1994; 5-13-1997 by L.L. No. 8-1997] (b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks)EN on lots of 10 acres or more. (c) Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. (d) The retail sale of local produce from structures of less than 20 square feet floor area shall be set back at least 10 feet from any lot line. [Added 5-13- 1997 by L.L. No. 8-1997] (3) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (4) Wineries which meet the following standards: [Added 11-29-1994 by L.L. No. 26-1994] (a) (b) (c) (d) The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; The winery structures shall be set back a minimum of 100 feet from a major road; and The winery shall obtain site plan approval. Updated: 6/15/2010 10:08 PM by Elizabeth Neville Page 2 Resolution 2010-451 Board Meeting of June 15, 2010 (5) Small wind energy systems on parcels greater than seven acres in size, which parcels are dedicated primarily to uses necessary for bona fide agricultural production, and subject to the standards provided in Chapter 277 of this Town Code. [Added 7-17-2007 by L.L. No. 15-2007] (6) One accessory apartment in an existing one-family dwelling, subject to the issuance of a rental permit in accordance with Section 280-13D and the following requirements: (a) (b) (c) (d) (e) (g) (h) (i) 0) (k) (m) The accessory apartment shall be located in the principal building. The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. The existing one-family dwelling shall contain not less than 1,600 square feet of livable floor area. The accessory apartment shall contain not less than 450 square feet of livable floor area. The accessory apartment shall not exceed 40% &the livable floor area of the existing dwelling unit and any addition thereto permitted under Section 280-13(B)(13)(j) hereof. A minimum of three off-street parking spaces shall be provided. Not more than one accessory apartment shall be permitted on a lot. The accessory apartment shall meet the requirements of an dwc!!ing 'an[t apartment as defined in § 280-4 hereof. The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. ~*-*~T ~1~1! k~ ~1~ ~ *k~ ~v;~*I~ C~,,~l~*:~ Subject to all other restrictions and requirements in this Code, a reasonable expansion of the existing foundation, not to exceed 25% of the living space of the existing dwelling unit, may be permitted to accommodate the creation of an accessory apartment. ~co~:A ,~I ..... k;~k ......1~11 ~,,~+ ...... [A ded 5 20 1993 by L L .............. , ............................ men - - . . No. 6-1993] All conversions shall be subject to the inspection of the Building Inspector and ~vae~va4 issuance of hhe a certificate of ccc=pancy compliance. ~,,,.,~"". [Amended 5-20-1993 by L.L. No. 6-1993] The v~:!,_!ng dwelling which is converted to permit an accessory apartment shall be in existence, and ..... be eligible for or have a valid certificate of occupancy issued prior to January 1, 198~, 2004, or proof of legal occupancy prior to that date. [Amended 5-20-1993 by L.L. No. 6- 1993] Updated: 6/15/2010 10:08 PM by Elizabeth Neville Page 3 Resolution 2010-451 (n) Board Meeting of June 15, 2010 The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. (o) (p) (q) Notwithstanding the provisions of § 280-13B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. No bed-and-breakfast facilities, as authorized by § 280-13B(4415) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3-1989] Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for twz fam~!y ~we!![ngs an~ the uses set forth in Subsections B(1, 13, & 14) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (1) Two-family dwellings not to exceed one such dwelling on each lot. (2) Places of worship, including parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling), subject to the following requirements: (a) No building or part thereof shall be erected nearer than 50 feet to any street line and nearer than 20 feet to any lot line. (b) The total area covered by all principal and accessory buildings shall not exceed 20% of the area of the lot. (3) Private elementary or high schools, colleges and other educational institutions, subject to the following requirements: (a) (b) (c) (d) No building shall be less than 50 feet from any street or lot line. The total area occupied by all principal and accessory buildings shall not exceed 20% of the area of the lot. Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such. Any such school shall occupy a lot with an area of not less than five acres plus one acre for each 25 pupils for which the building is designed. (4) Nursery schools. (5) Philanthropic, eleemosynary or religious institutions, health care, continuing care and life facilities, but excluding facilities for the treatment of all types of drug addiction, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 11-12-1996 by L.L. No. 20-1996] Updated: 6/15/2010 10:08 PM by Elizabeth Neville Page 4 Resolution 2010-451 (a) b) (c) (d) (e) Board Meeting of June 15, 2010 No building or part thereof or any parking or loading area shall be located within 100 feet of any street line nor within 50 feet of any lot line. The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. The maximum height shall be 35 feet or 2 1/2 stories. The entire lot, except areas occupied by buildings or parking or loading areas, shall be suitably landscaped and properly maintained. Any health care, continuing care or life care facility shall meet the following standards: [1] [2] [3] [4] All buildings shall be of tire-resistive construction. All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. Patients suffering from communicable diseases shall not be permitted in any nursing home or sanatorium. (Communicable diseases are defined by the Sanitary Code of the Public Health Council of the State of New York.) Eight thousand square feet of lot area shall be provided for each patient bed. (6) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the Town, except that wireless communication facilities must obtain approval pursuant to Article XVII, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. [Amended 11- 12-1997 by L.L. No. 26-1997] (7) Beach clubs, tennis clubs, country clubs, golf clubs and annual membership clubs and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings catering exclusively to members and their guests, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 12-8-1998 by L.L. No. 26-1998] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line or within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) No such use shall occupy a lot with an area of less than three acres. (8) Children's recreation camps organized primarily for seasonal use and subject to the following requirements: (a) No building, tent, activity area or recreation facility shall be less than 200 feet from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than 30 feet from each other, except tents, which shall be not Updated: 6/15/2010 10:08 PM by Elizabeth Neville Page 5 Resolution 2010-451 (b) (c) Board Meeting of June 15, 2010 less than 10 feet apart. The minimum lot area shall be not less than 10,000 square feet for each cottage, tent or other principal building and not less than 3,000 square feet of land area shall be provided for each person accommodated in the buildings or tents on the premises. EN The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. (9) Farm labor camps, subject to the following requirements: (a) All farm labor camps on farms shall be construed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the Planning Board. (10) Veterinarian's offices and animal hospitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure, if nearer than 150 feet to any lot line. (11 ) Cemeteries. (12) Stables and riding academies. EN (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (a) (b) (c) (d) (e) (g) (i) (i) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. A minimum of three off street parking spaces shall be provided on premises. Not more than one accessory apartment shall be permitted on a lot. The accessory apartment shall meet the requirements of an apartment as defined in Section 280-4 hereof. The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. The accessory structure which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008. The existing accessory structure shall comply with all other requirements of this Chapter. Approval of the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. No bed-and-breakfast facilities, as authorized by Section280-13(B)(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. Occupancy of resident structures on the premises shall be subiect to the Updated: 6/15/2010 10:08 PM by Elizabeth Neville Page 6 Resolution 2010-451 Board Meeting of June 15, 2010 issuance of an annual rental permit in accordance with Section 280-13D and the following requirements: [11 The owner of the premises shall occupy either the existing single- family dwelling unit or the accessory apartment in the detached accessory structure as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: a) b) a family member; or to a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement. [2] Rents charged to a resident on the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to §280-30(F) of this Code. [3] No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. [41 An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. (k) The Chief Building Inspector, Zoning Inspector, and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. (14) Bed-and-breakfasts which have been issued a bed-and-breakfast permit by the Building Inspector. Said permit shall be issued for a term of one year if the following conditions are met: [Amended 3-14-1989 by L.L. No. 3-1989; 2-7-1995 by L.L. No. 3-1995] (a) (b) (c) (d) A smoke alarm shall be provided on each floor and in every guest room. The dwelling shall have at least two exits and there shall be a window large enough for emergency egress in each guest room. The identification sign shall be no larger than two square feet in areas zoned Residential-Office or higher, but there shall be no exterior signage identifying the use as a bed-and-breakfast in residential areas. No accessory apartment, as authorized by § 280-13B(I 3) hereof, shall be permitted in or on premises for which a bed-and-breakfast facility is authorized or exists. (15) Historical society. [Added 11-12-1996 by L.L. No. 20-1996] Updated: 6/15/2010 10:08 PM by Elizabeth Neville Page 7 Resolution 2010-451 Board Meeting of June 15, 2010 (16) Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one apartment, not to exceed a total of three uses per building, provided that such building is owned and maintained by a not-for-profit historic organization. In no event shall there be more than one apartment per building. [Added 10-25-2005 by L.L. No. 18-2005] Rental Permit for Accessory Apartments: Notwithstanding any prior course of conduct or permission granted, no owner of property shall cause, permit, or allow the occupancy or use of an accessory apartment created pursuant to Sections 280-13A(6) or 280- 13B(13) without a valid rental permit issued upon application to the Chief Building Inspector. (1) Content of Application: An application for a rental permit or for a renewal of a rental permit shall bear the notarized signature of the owner and contain the following information: a) b) c) d) e) The name, date of birth and telephone number of the owner. The address of the subiect property including street address and Suffolk County Tax Map number. In the event the owner is a corporation, partnership, limited liability company or other business entity, the name, address and telephone number of each owner, principal, officer, shareholder, partner or member of such business, The name(s) and telephone number(s) of all tenants. A copy of the lease agreement between Owner and Tenant. A copy of the certificate of occupancy or pre-existing certificate of occupancy for the property. (2) The owner of an accessory apartment within an existing one family dwelling shall, in addition to the information required in Section 280-13D(1 )(a)-(fh provide a certification that the existing dwelling or accessory apartment is occupied by the owner and that the premises is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. (3) The owner of an accessory apartment in an accessory structure lawfully existing pursuant to Section 280-13B(13) shall, in addition to the information required in Section 280-13D(1)(a)-(fl, provide a certification that: a) b) c) the existing single-family dwelling or the accessory apartment in the accessory structure is occupied by the owner as the owner's principal residence; that the other dwelling unit on the subiect property is to be occupied by either a family member or a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement, and that rents charged to a tenant from the Affordable Housing Registry shall Updated: 6/15/2010 10:08 PM by Elizabeth Neville Page 8 Resolution 2010-451 d) Board Meeting of June 15, 2010 not exceed the rent established by the Town Board annually pursuant to Section 280-30F of this Code. that the dwelling unit is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. (4) Review of Application: The Application for a rental permit shall be reviewed for completeness and accuracy by the Chief Building Inspector and, in the case of applications pertaining to accessory apartments in accessory structures, by the Special Projects Coordinator. The Chief Building Inspector shall not issue a rental permit unless the application includes all of the requisite information enumerated in Section 280-13 D(1)-(3 ) and written approval by the Special Projects Coordinator that the requirements of Section 280-13B(13)0) have been satisfied. The Chief Building Inspector shall have the right to inspect the property to confirm compliance with the New York State Uniform Fire Prevention and (5) (6) (7) (8) (9) Building Code and this Code. Fees: A nonrefundable annual permit application fee in the amount of $150 shall be paid at the time of filing an application for a rental permit or a renewal rental permit for an accessory apartment in an existing single-family dwelling. A nonrefundable annual permit application fee in the amount of $100 shall be paid at the time of filing an application for a rental permit or a renewal rental permit for an accessory apartment in an accessory structure. Registry of Permits: It shall be the duty of the Chief Building Inspector to maintain a register of permits issued pursuant to this chapter. Such Register shall be kept by name of applicant and street address and set forth the date of expiration of the rental permit. Annual Renewal: Rental Permits issued pursuant to this cl~apter shall be valid for a period of one (1) year from the date of issuance and must be renewed by application to the Chief Building Inspector in accordance with the procedures for the issuance of the initial rental permit within ten (10) days of expiration. Penalties for offenses: In addition to any other penalties for violations of this Chapter, the Chief Building Inspector or Zoning Inspector shall revoke a permit when he or she finds that the owner has caused, permitted or allowed to exist and remain upon the premises a violation of any provision of the Code of the Town of Southold for a period of 14 days or more after written notice has been given to the owner. Should the owner permit any such violation of this Code, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York to remain uncured fo~: a period of 30 days or more after written notice has been given to the owner, the Chief Building Inspector may revoke the certificate of compliance for the accessory apartment. Appeal by Owner: An appeal of a denial, revocation or renewal of a rental permit by the Chief Building Inspector based upon the owner's failure to satisfy the Updated: 6/15/2010 10:08 PM by Elizabeth Neville Page 9 Resolution 2010-451 Board Meeting of June 15, 2010 requirements of Section 280-13B(13)(j)(l) and (2) may be taken to the Housing Advisory Commission, by written request, made within 30 days from the date of such revocation. The Housing Advisory Commission shall hold a public hearing on such appeal within 30 days after receipt of written notice of such appeal and, after such hearing, shall make written findings and a decision either sustaining such denial or revocation or issuing or reinstating such permit within 30 days after close of such public hearing. Any appeal of the revocation of a certificate of compliance must be presented to the Zoning Board of Appeals within 30 days from the date of revocation. ARTICLE XXVII Administration and Enforcement § 280-151. Administrative and enforcing officer. It shall be the duty of the Building Inspector and such deputies and assistants as may be appointed by the Town Board to administer and enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto. The Building Inspector and/or his Assistant and Deputy Building Inspectors shall have such right to enter and inspect buildings, structures or premises and to perform other acts necessary for the enforcement of this chapter as is conferred upon them by law. He shall maintain files of all applications for building permits and plans submitted therewith and for certificates of occupancy and records of all building permits and certificates of occupancy issued by him, which files and records shall be open to public inspection and to perform such other acts necessary for the enforcement of this chapter as is conferred upon them by law. Said Building Inspector shall keep a record of every identifiable complaint of a violation of any of. the provisions of this chapter and of the action taken on each such complaint, which records shall be public records. He shall report to the Town Board, at intervals of not greater than three months, summarizing for the period since his previous report all building permits and certificates of occupancy issued by him and all complaints of violations and the action taken by him thereon. The Building Inspector shall make the necessary inspections for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter. At the request of the Town Board, the Building Inspector shall inspect any premises for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter and report, in writing, to said Board the results of his findings. At the request of the Planning Board, the Building Inspector shall review site plan applications for compliance with this chapter and requirements established in the presubmission conference. EN For this chapter, the term "Building Inspector" shall include and refer to: [Added 11-24- 1998 by L.L. No. 23-1998] Updated: 6/15/2010 10:08 PM by Elizabeth Neville Page 10 Resolution 2010-451 Board Meeting of June 15, 2010 (1) Building Inspectors of the Town of Southold; and (2) The D!r::tor of Co~e Enforeem:nt Zoning Inspector of the Town of Southold. EN § 280-155. Penalties for offenses. [Amended 6-2-2009 by L.L. No. 6-2009] For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits, takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector~ or Zoning Ord:.nance Inspector or Cede Enforcement Officer shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. Notwithstanding the foregoing, any violation of §280-13A(6), §280-13B(13), and §280- 13D are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violation shall constitute a separate additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. § 280-156. Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by local process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. III. SEVERABILITY Updated: 6/15/2010 10:08 PM by Elizabeth Neville Page 11 Resolution 2010-451 Board Meeting of June 15,2010 If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUSl MOVER: Louisa P. Evans, Justice SECONDER: Albert Kmpski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 6/15/2010 10:08 PM by Elizabeth Neville Page 12 Page 1 of 1 From: Sent: Subject: Attachments: Tracking: Cooper, Linda Cooper, Linda Monday, June 07, 2010 4:01 PM Notice to Adjacent of PH via mail Accesory apt 3 6-15-10.doc; image001 .png; oledata.mso Recipient Bunch, Connie Cantrell, Elizabeth Cappabiance, Ludlre Cooper, Linda Lanza, Heather Randolph, Linda Standish, Lauren Toth, Vicki Verity, Hike 'Riverhead Town Clerk' 'Shelter Island Town Clerk' 'Southampton Town clerk office' Read Read: 6/8/2010 8:26 AM Read: 6/8/2010 8:40 AM Read: 6/8/2010 8:13 AM June 7, 2010 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 June 15, 2010: 7:35 PM - Local Law re: Accessory Apartments Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Commission Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Town of Riverhead Elizabeth A. Neville Town Clerk Long Island State Park Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island Town of Southampton Signature, Received By Please print name Date: Title: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK 6/8/2010 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.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 7,2010 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below on June 15, 2010: 7:35 PM - "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential $-180, R-120, R-200 and R-400 Districts and Accessory Apartments" 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 Elizabeth A. Neville Town Clerk Long Island State Park Commission Email: Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Assessors Town of Shelter Island Southold Town Building Department Southold Town Trustees Southold Town Board of Appeals Signature, Received By Please print name Date: Title: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 1, 2010 Fed Ex Local Law No. 2 of 2010 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231-001 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 2 of 2010 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. Very truly yours, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY~ NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. [21 County n City [] Town of ~n Village SOUTHOLD Local Law No. 2 of the year 2010. A Local Law entitled, A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-40, R-80, R-120, R-200, and R-400 Districts and Accessory Apartments Be it enacted the Town Board of the: rq County rn City [] Town of [] Village SOUTHOLD I. Purpose. It is the intent and purpose of this law to allow accessory apartments within accessory structures in A-C, R-40, R-80, R-120, R-200 and R-400 Districts to provide the opportunity for the development of small rental housing designed to meet the housing needs of median income families, both young and old, and relatives of families oresiding in the Town of Southold. It is also the intent of this law to increase compliance with building and fire code, property maintenance, preserve property values and the health, safety and welfare of the community. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. ACCESSORY APARTMENT - An apartment created in a presently existing one family dwelling unit or accessory structure pursuant to §280-13A(6 or B13). FAMILY MEMBER - The spouse, domestic partner, child, grandchild, stepchild, parent, aunt, uncle, niece, nephew, brother or sister of the owner or of the owner's spouse or domestic partner. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/05) RENTAL PERMIT - A permit issued by the Chief Building Inspector to the owner to allow use and occupancy of a lawfully existing accessory apartment. §280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: Permitted uses. (1) One-family detached dwellings, not to exceed one dwelling on each lot. (2) The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: [Amended 5-23-1989 by L.L. No. 8-1989] (a) The raising of field and garden crops, vineyard and orchard fanning, the maintenance of nurseries and the seasonal sale of products grown on the premises. [Amended 11-29-1994 by L.L. No. 25-1994; 5-13-1997 by L.L. No. 8-1997] (b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks)EN on lots of 10 acres or more. (c) Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. (d) The retail sale of local produce from structures of less than 20 square feet floor area shall be set back at least 10 feet from any lot line. [Added 5-13-1997 by L.L. No. 8-1997] (3) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (4) Wineries which meet the following standards: [Added 11-29-1994 by L.L. No. 26-1994] (a) The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; (b) The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; (c) The winery structures shall be set back a minimum of 100 feet from a major road; and (d) The winery shall obtain'site plan approval. (5) Small wind energy systems on parcels greater than seven acres in size, which parcels are dedicated primarily to uses necessary for bona fide agricultural production, and subject to the standards provided in Chapter 277 of this Town Code. [Added 7-17-2007 by L.L. No. 15-2007] (6) One accessory apartment in an existing one-family dwelling, subject to the issuance of a rental permit in accordance with Section 280-13D and the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 450 square feet of livable floor area. (e) The accessory apartment shall not exceed 40% of the livable floor area of the existing 2 (0 (g) (h) (i) ,(j) (k) (1) (m) (n) (o) (P) dwelling unit and any addition thereto permitted under Section 280-13(B)(13)(j) hereof. A minimum of three off-street parking spaces shall be provided. Not more than one accessory apartment shall be permitted on a lot. The accessory apartment shall meet the requirements of an apartment as defined in § 280- 4 hereof. The exterior entry to the accessory apamnent shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. Subject to all other restrictions and requirements in this Code, a reasonable expansion of the existing foundation, not to exceed 25% of the living space of the existing dwelling unit, may be permitted to accommodate the creation of an accessory apartment. All conversions shall be subject to the inspection of the Building Inspector and issuance of a certificate of compliance. [Amended 5-20-1993 by L.L. No. 6-1993] The dwelling which is converted to permit an accessory apartment shall be in existence, and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2004, or proof of legal occupancy prior to that date. [Amended 5-20-1993 by L.L. No. 6- 1993] The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. Notwithstanding the provisions of§ 280-13B hereof, no site plan approval by the Plar~ing Board shall be required for the establishment of an accessory apartment. Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. No bed-and-breakfast facilities, as authorized by § 280-13B(15) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3-1989] Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1, 13, & 14) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (1) Two-family dwellings not to exceed one such dwelling on each lot. (2) Places of worship, including parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling), subject to the following requirements: (a) No building or part thereof shall be erected nearer than 50 feet to any street line and nearer than 20 feet to any lot line. (b) The total area covered by all principal and accessory buildings shall not exceed 20% of the area of the lot. (3) Private elementary or high schools, colleges and other educational institutions, subject to the following requirements: (a) No building shall be less than 50 feet from any street or lot line. (b) The total area occupied by all principal and accessory buildings shall not exceed 20% of the area of the lot. (c) Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such. (d) Any such school shall occupy a lot with an area of not less than five acres plus one acre for each 25 pupils for which the building is designed. (4) Nursery schools. 3 (5) (6) (7) (8) Philanthropic, eleemosynary or religious institutions, health care, continuing care and life facilities, but excluding facilities for the treatment of all types of drug addiction, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 11-12-1996 by L.L. No. 20-1996] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line nor within 50 feet of any lot line. b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) The maximum height shall be 35 feet or 2 1/2 stories. (d) The entire lot, except areas occupied by buildings or parking or loading areas, shall be suitably landscaped and properly maintained. (e) Any health care, continuing care or life care facility shall meet the following standards: [1 ] All buildings shall be of fire-resistive construction. [2] All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. [3] Patients suffering from communicable diseases shall not be permitted in any nursing home or sanatorium. (Communicable diseases are defined by the Sanitary Code of the Public Health Council of the State of New York.) [4] Eight thousand square feet of lot area shall be provided for each patient bed. Public utility rights-of-way as well as structures and other installations necessary to serve areas within the Town, except that wireless communication facilities must obtain approval pursuant to Article XVII, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. [Amended 11-12-1997 by L.L. No. 26-1997] Beach clubs, tennis clubs, country clubs, golf clubs and annual membership clubs and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings catering exclusively to members and their guests, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 12-8-1998 by L.L. No. 26-1998] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line or within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) No such use shall occupy a lot with an area of less than three acres. Children's recreation camps organized primarily for seasonal use and subject to the following requirements: (a) No building, tent, activity area or recreation facility shall be less than 200 feet from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than 30 feet from each other, except tents, which shall be not less than 10 feet apart. (b) The minimum lot area shall be not less than 10,000 square feet for each cottage, tent or other principal building and not less than 3,000 square feet of land area shall be provided for each person accommodated in the buildings or tents on the premises. EN (c) The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. 4 (9) (10) (11) (12) (13) Farm labor camps, subject to the following requirements: (a) All farm labor camps on farms shall be construed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the Planning Board. Veterinarian's offices and animal hospitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure, if nearer than 150 feet to any lot line. Cemeteries. Stables and riding academies. EN One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (a) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (b) A minimum of three off street parking spaces shall be p~:ovided on premises. (c) Not more than one accessory apartment shall be permitted on a lot. (d) The accessory apartment shall meet the requirements of an apartment as defined in Section 280-4 hereof. (e) The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. (f) The accessory structure which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008. (g) The existing accessory structure shall comply with all other requirements of this Chapter. (h) Approval of the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (i) No bed-and-breakfast facilities, as authorized by Section280-13(B)(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. (j) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with Section 280-13D and the following requirements: Ill The owner of the premises shall occupy either the existing single-family dwelling unit or the accessory apartment in the detached accessory structure as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: a) a family member; or b) to a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement. [2] Rents charged to a resident on the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to §280-30(F) of this Code. [31 No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. 5 [4] An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. (k) The Chief Building Inspector, Zoning Inspector, and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. (14) Bed-and-breakfasts which have been issued a bed-and-breakfast permit by the Building Inspector. Said permit shall be issued for a term of one year if the following conditions are met: [Amended 3-14-1989 by L.L. No. 3-1989; 2-7-1995 by L.L. No. 3-1995] (a) A smoke alarm shall be provided on each floor and in every guest room. (b) The dwelling shall have at least two exits and there shall be a window large enough for emergency egress in each guest room. (c) The identification sign shall be no larger than two square feet in areas zoned Residential- Office or higher, but there shall be no exterior signage identifying the use as a bed-and- breakfast in residential areas. (d) No accessory apartment, as authorized by § 280-13B(13) hereof, shall be permitted in or on premises for which a bed-and-breakfast facility is authorized or exists. (15) Historical society. [Added 11-12-1996 by L.L. No. 20-1996] (16) Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one apartment, not to exceed a total of three uses per building, provided that such building is owned and maintained by a not-for-profit historic organization. In no event shall there be more than one apartment per building. [Added 10-25-2005 by L.L. No. 18-2005] Rental Permit for Accessory Apartments: Notwithstanding any prior course of conduct or permission granted, no owner of property shall cause, permit, or allow the occupancy or use of an accessory apartment created pursuant to Sections 280-13A(6) or 280-13B(13) without a valid rental permit issued upon application to the Chief Building Inspector. (1) Content of Application: An application for a rental permit or for a renewal of a rental permit shall bear the notarized signature of the owner and contain the following information: a) The name, date of birth and telephone number of the owner. b) The address of the subject property including street address and Suffolk County Tax Map number. c) In the event the owner is a corporation, partnership, limited liability company or other business entity, the name, address and telephone number of each owner, principal, officer, shareholder, partner or member of such business, d) The name(s) and telephone number(s) of all tenants. e) A copy of the lease agreement between Owner and Tenant. f) A copy of the certificate of occupancy or pre-existing certificate of occupancy for the property. (2) The owner of an accessory apartment within an existing one family dwelling shall, in addition to the information required in Section 280-13D(1)(a)-(f), provide a certification that the existing dwelling or accessory apartment is occupied by the owner and that the premises is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. 6 (3) (4) (5) (6) (7) (8) (9) The owner of an accessory apartment in an accessory structure lawfully existing pursuant to Section 280-13B(13) shall, in addition to the information required in Section 280-13D(1)(a)-(f), provide a certification that: a) the existing single-family dwelling or the accessory apartment in the accessory structure is occupied by the owner as the owner's principal residence; b) that the other dwelling unit on the subject property is to be occupied by either a family member or a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement, and c) that rents charged to a tenant from the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to Section 280-30F of this Code. d) that the dwelling unit is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. Review of Application: The Application for a rental permit shall be reviewed for completeness and accuracy by the Chief Building Inspector and, in the case of applications pertaining to accessory apartments in accessory structures, by the Special Projects Coordinator. The Chief Building Inspector shall not issue a rental permit unless the application includes all of the requisite information enumerated in Section 280-13D(1)-(3) and written approval by the Special Projects Coordinator that the requirements of Section 280-13B(13)(j) have been satisfied. The Chief Building Inspector shall have the right to inspect the property to confirm compliance with the New York State Uniform Fire Prevention and Building Code and this Code. Fees: A nonrefundable annual permit application fee in the amount of $150 shall be paid at the time of filing an application for a rental permit or a renewal rental permit for an accessory apartment in an existing single-family dwelling. A nonrefundable annual permit application fee in the amount of $100 shall be paid at the time of filing an application for a rental permit or a renewal rental permit for an accessory apartment in an accessory structure. Registry of Permits: It shall be the duty of the Chief Building Inspector to maintain a register of permits issued pursuant to this chapter. Such Register shall be kept by name of applicant and street address and set forth the date of expiration of the rental permit. Annual Renewal: Rental Permits issued pursuant to this chapter shall be valid for a period of one (1) year from the date of issuance and must be renewed by application to the Chief Building Inspector in accordance with the procedures for the issuance of the initial rental permit within ten (10) days of expiration. Penalties for offenses: In addition to any other penalties for violations of this Chapter, the Chief Building Inspector or Zoning Inspector shall revoke a permit when he or she finds that the owner has caused, permitted or allowed to exist and remain upon the premises a violation of any provision of the Code of the Town of Southold for a period of 14 days or more after written notice has been given to the owner. Should the owner permit any such violation of this Code, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York to remain uncured for a period of 30 days or more after written notice has been given to the owner, the Chief Building Inspector may revoke the certificate of compliance for the accessory apartment. Appeal by Owner: An appeal of a denial, revocation or renewal of a rental permit by the Chief Building Inspector based upon the owner's failure to satisfy the requirements of Section 280- 7 13B(13)(j)(1) and (2) may be taken to the Housing Advisory Commission, by written request, made within 30 days from the date of such revocation. The Housing Advisory Commission shall hold a public hearing on such appeal within 30 days after receipt of written notice of such appeal and, after such hearing, shall make written findings and a decision either sustaining such denial or revocation or issuing or reinstating such permit within 30 days after close of such public hearing. Any appeal of the revocation of a certificate of compliance must be presented to the Zoning Board of Appeals within 30 days from the date of revocation. ARTICLE XXVII Administration and Enforcement § 280-151. Administrative and enforcing officer. It shall be the duty of the Building Inspector and such deputies and assistants as may be appointed by the Town Board to administer and enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto. The Building Inspector and/or his Assistant and Deputy Building Inspectors shall have such right to enter and inspect buildings, structures or premises and to perform other acts necessary for the enforcement of this chapter as is conferred upon them by law. He shall maintain files of all applications for building permits and plans submitted therewith and for certificates of occupancy and records of all building permits and certificates of occupancy issued by him, which files and records shall be open to public inspection and to perform such other acts necessary for the enforcement of this chapter as is conferred upon them by law. Said Building Inspector shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken on each such complaint, which records shall be public records. He shall report to the Town Board, at intervals of not greater than three months, summarizing for the period since his previous report all building permits and certificates of occupancy issued by him and all complaints of violations and the action taken by him thereon. The Building Inspector shall make the necessary inspections for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter. At the request of the Town Board, the Building Inspector shall inspect any premises for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter and report, in writing, to said Board the results of his findings. At the request of the Planning Board, the Building Inspector shall review site plan applications for compliance with this chapter and requirements established in the pre-submission con£erence. EN For this chapter, the term "Building Inspector" shall include and refer to: [Added 11-24-1998 by L.L. No. 23-1998] (1) (2) Building Inspectors of the Town of Southold; and The Zoning Inspector of the Town of Southold. EN § 280-155. Penalties for offenses. [Amended 6-2-2009 by L.L. No. 6-2009] For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for 8 compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits, takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector; or Zoning Inspector shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty ora violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. Notwithstanding the foregoing, any violation of §280-13A(6), §280-13B(13), and §280-13D are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violation shall constitute a separate additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. § 280-156. Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by local process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. (~) III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 2 of 20 10 . of the ~(Town) (V:.'2:.gz) of SOUTHOLD was duly passed by the TOWN BOARD on June 15 ,20 10 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 __, and was (approved)(not approved)(re-passed at~er disapproval) by the and was deemed duly adopted on 20__ in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) OI hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20__ Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the ch/cf executive officer of a county elected on a county~ wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. l0 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 __ became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 __ of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. ~(If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. (XeaO Clerk of the County legislative body. City. Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: June 25~ 2010 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COLrNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law contains/tke~xt and that all proper proceedings have been had or taken for the enactment of the local law annexed h~~_.) Signature ~ Martin D. Finnegan, Town Attorney Jennifer Andaloro, Esq.~ Assistant Town Attorney Title Town of SOUTHOLD Date: June 25~ 2010 RESOLUTION 2010-451 ADOPTED DOC ID: 5991 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-451 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 15, 2010: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffglk County, New York, on the 18th day of May 2010, a Local Law entitled "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-40~ R-80~ R-120~ R-200~ and R-400 Districts and Accessory Apartments" and WHEREAS that 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 therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-40~ R-80~ R-120~ R-200~ and R-400 Districts and Accessory Apartments" which reads as follows: LOCAL LAW NO. 2 of 2010 A Local Law entitled, "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-40~ R-80~ R-120~ R-200~ and R-400 Districts and Accessory Apartments". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent and purpose of this law to allow accessory apartments within accessory structures in A-C, R-40, R-80, R-120, R-200 and R-400 Districts to provide the opportunity for the development of small rental housing designed to meet the housing needs of median income families, both young and old, and relatives of families residing in the Town of Southold. It is also the intent of this law to increase compliance with building and fire code, property maintenance, preserve property values and the health, safety and welfare of the community." II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. ACCESSORY APARTMENT - ^ ~'"~";-- An apartment ........... ~, ::nit created in a presently existing one · family dwelling unit or accessory structure pursuant to §280-13A(.6 or B13). Resolution 2010-451 Board Meeting of June 15, 2010 FAMILY MEMBER - The spouse, domestic partner, child, grandchild, stepchild, parent, aunt, uncle, niece, nephew, brother or sister of the owner or of the owner's spouse or domestic partner. RENTAL PERMIT - A permit issued by the Chief Building Inspector to the owner to allow use and occupancy of a lawfully existing accessory apartment. {}280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: Permitted uses. (1) One-family detached dwellings, not to exceed one dwelling on each lot. (2) The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: [Amended 5-23-1989 by L.L. No. 8- 1989] (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises. [Amended 11-29-1994 by L.L. No. 25-1994; 5-13-1997 by L.L. No. 8-1997] (b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks)EN on lots of 10 acres or more. (c) Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. (d) The retail sale of local produce from structures of less than 20 square feet floor area shall be set back at least 10 feet from any lot line. [Added 5-13- 1997 by L.L. No. 8-1997] (3) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (4) Wineries which meet the following standards: [Added 11-29-1994 by L.L. No. 26-1994] (a) (b) (c) (d) The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; The winery structures shall be set back a minimum of 100 feet from a major road; and The winery shall obtain site plan approval. Updated: 6/25/2010 10:38 AM by Lynda Rudder Page 2 Resolution 2010-451 Board Meeting of June 15, 2010 (5) Small wind energy systems on parcels greater than seven acres in size, which parcels are dedicated primarily to uses necessary for bona fide agricultural production, and subject to the standards provided in Chapter 277 of this Town Code. [Added 7-17-2007 by L.L. No. 15-2007] (6) One accessory apartment in an existing one-family dwelling, subject to the issuance of a rental permit in accordance with Section 280-13D and the following requirements: (a) (b) (c) (d) (e) (f) (g) (h) (i) (J) (k) (1) (m) The accessory apartment shall be located in the principal building. The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. The existing one-family dwelling shall contain not less than 1,600 square feet of livable floor area. The accessory apartment shall contain not less than 450 square feet of livable floor area. The accessory apartment shall not exceed 40% of the livable floor area of the existing dwelling unit and any addition thereto permitted under Section 280-13 (B)(13)(i) hereof. A minimum of three off-street parking spaces shall be provided. Not more than one accessory apartment shall be permitted on a lot. The accessory apartment shall meet the requirements of an ......... e, .... apartment as defined in § 280-4 hereofi The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. ~-n.+----+ ~.n,, ,.~ --~ ~- +~ ~v:~+:-~ r~..-~+:~- Subject to all other restrictions and requirements in this Code, a reasonable expansion of the existing foundation, not to exceed 25% of the living space of the existing dwelling unit, may be permitted to accommodate the creation of an accessory apartment. ~r..:~l .4~;..... 1.1~1. ...... 1...11 c...+ ......[A d d 5 20 1993 by L L .............. , ............................. men e - - . . No. 6-1993] All conversions shall be subject to the inspection of the Building Inspector and ......... issuance of tho a certificate of cccupancy compliance. ...... '-' [Amended 5-20-1993 by L.L. No. 6-1993] The ........ ~, dwelhng which is converted to permit an accessory apartment shall be in existence, and ..... be eligible for or have a valid certificate of occupancy issued prior to January 1, !9~~, 2004, or proof of legal occupancy prior to that date. [Amended 5-20-1993 by L.L. No. 6- 1993] Updated: 6/25/2010 10:38 AM by Lynda Rudder Page 3 Resolution 2010-451 (n) Board Meeting of June 15, 2010 The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. (o) (p) (q) Notwithstanding the provisions of § 280-13B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. No bed-and-breakfast facilities, as authorized by § 280-13B(~415) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3-1989] Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for two fam~!y dwe!!ingg and the uses set forth in Subsections B(1, 13, & 14) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (1) Two-family dwellings not to exceed one such dwelling on each lot. (2) Places of worship, including parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling), subject to the following requirements: (a) No building or part thereof shall be erected nearer than 50 feet to any street line and nearer than 20 feet to any lot line. (b) The total area covered by all principal and accessory buildings shall not exceed 20% of the area of the lot. (3) Private elementary or high schools, colleges and other educational institutions, subject to the following requirements: (a) (b) (c) (d) No building shall be less than 50 feet from any street or lot line. The total area occupied by all principal and accessory buildings shall not exceed 20% of the area of the lot. Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such. Any such school shall occupy a lot with an area of not less than five acres plus one acre for each 25 pupils for which the building is designed. (4) Nursery schools. (5) Philanthropic, eleemosynary or religious institutions, health care, continuing care and life facilities, but excluding facilities for the treatment of all types of drug addiction, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 11-12-1996 by L.L. No. 20-1996] Updated: 6/25/2010 10:38 AM by Lynda Rudder Page 4 Resolution 2010-451 (a) b) (c) (d) (e) Board Meeting of June 15, 2010 No building or part thereof or any parking or loading area shall be located within 100 feet of any street line nor within 50 feet of any lot line. The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. The maximum height shall be 35 feet or 2 1/2 stories. The entire lot, except areas occupied by buildings or parking or loading areas, shall be suitably landscaped and properly maintained. Any health care, continuing care or life care facility shall meet the following standards: Ill [2] [3] [4] All buildings shall be of fire-resistive construction. All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. Patients suffering from communicable diseases shall not be permitted in any nursing home or sanatorium. (Communicable diseases are defined by the Sanitary Code of the Public Health Council of the State of New York.) Eight thousand square feet of lot area shall be provided for each patient bed. (6) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the Town, except that wireless communication facilities must obtain approval pursuant to Article XVII, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. [Amended 11- 12-1997 by L.L. No. 26-1997] (7) Beach clubs, tennis clubs, country clubs, golf clubs and annual membership clubs and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings catering exclusively to members and their guests, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 12-8-1998 by L.L. No. 26-1998] (a) (b) (c) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line or within 50 feet of any lot line. The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. No such use shall occupy a lot with an area of less than three acres. (8) Children's recreation camps organized primarily for seasonal use and subject to the following requirements: (a) No building, tent, activity area or recreation facility shall be less than 200 feet from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than 30 feet fi.om each other, except tents, which shall be not Updated: 6/25/2010 10:38 AM by Lynda Rudder Page 5 Resolution 2010-451 (b) (c) Board Meeting of June 15, 2010 less than 10 feet apart. The minimum lot area shall be not less than 10,000 square feet for each cottage, tent or other principal building and not less than 3,000 square feet of land area shall be provided for each person accommodated in the buildings or tents on the premises. EN The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. (9) Farm labor camps, subject to the following requirements: (a) All farm labor camps on farms shall be construed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the Planning Board. (10) Veterinarian's offices and animal hospitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure, if nearer than 150 feet to any lot line. (11) Cemeteries. (12) Stables and riding academies. EN (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subiect to the following requirements: (a) (b) (c) (d) (e) (h) (i) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. A minimum of three off street parking spaces shall be provided on premises. Not more than one accessory apartment shall be permitted on a lot. The accessory apartment shall meet the requirements of an apartment as defined in Section 280-4 hereof. The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. The accessory structure which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008. The existing accessory structure shall comply with all other requirements of this Chapter. Approval of the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. No bed-and-breakfast facilities, as authorized by Section280-13 (B)(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. Occupancy of resident structures on the premises shall be subject to the Updated: 6/25/2010 10:38 AM by Lynda Rudder Page 6 Resolution 2010-451 Board Meeting of June 15, 2010 issuance of an annual rental permit in accordance with Section 280-13D and the following requirements: [11 The owner of the premises shall occupy either the existing single- family dwelling unit or the accessory apartment in the detached accessory structure as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: a) b) a family member; or to a resident who is currently on the Southold Town Affordable Housing Registry and eli~ble for placement. [21 Rents charged to a resident on the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to §280-30(F) of this Code. [3] No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. [4] An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. (k) The Chief Building Inspector, Zoning Inspector, and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. (14) Bed-and-breakfasts which have been issued a bed-and-breakfast permit by the Building Inspector. Said permit shall be issued for a term of one year if the following conditions are met: [Amended 3 - 14-1989 by L.L. No. 3 - 1989; 2-7-1995 by L.L. No. 3-1995] (a) (b) (c) (d) A smoke alarm shall be provided on each floor and in every guest room. The dwelling shall have at least two exits and there shall be a window large enough for emergency egress in each guest room. The identification sign shall be no larger than two square feet in areas zoned Residential-Office or higher, but there shall be no exterior signage identifying the use as a bed-and-breakfast in residential areas. No accessory apartment, as authorized by § 280-13B(13) hereof, shall be permitted in or on premises for which a bed-and-breakfast facility is authorized or exists. (15) Historical society. [Added 11-12-1996 by L.L. No. 20-1996] Updated: 6/25/2010 10:38 AM by Lynda Rudder Page 7 Resolution 2010-451 Board Meeting of June 15, 2010 (16) Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one apartment, not to exceed a total of three uses per building, provided that such building is owned and maintained by a not-for-profit historic organization. In no event shall there be more than one apartment per building. [Added 10-25-2005 by L.L. No. 18-2005] Rental Permit for Accessory Apartments: Notwithstanding any prior course of conduct or permission granted, no owner of property shall cause, permit, or allow the occupancy or use of an accessory apartment created pursuant to Sections 280-13A(6) or 280- 13B(13) without a valid rental permit issued upon application to the Chief Building Inspector. (1) Content of Application: An application for a rental permit or for a renewal of a rental permit shall bear the notarized signature of the owner and contain the following information: a) b) c) d) e) f) The name, date of birth and telephone number of the owner. The address of the subiect property including street address and Suffolk County Tax Map number. In the event the owner is a corporation, partnership, limited liability company or other business entity, the name, address and telephone number of each owner, principal, officer, shareholder, partner or member of such business, The name(s) and telephone number(s) of all tenants. A copy of the lease agreement between Owner and Tenant. A copy of the certificate of occupancy or pre-existing certificate of occupancy for the property. (2) The owner of an accessory apartment within an existing one family dwelling shall, in addition to the information required in Section 280-13D(1)(a)-(f}, provide a certification that the existing dwelling or accessory apartment is occupied by the owner and that the premises is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. (3) The owner of an accessory apartment in an accessory structure lawfully existing pursuant to Section 280-13B(13) shall, in addition to the information required in Section 280-13D(1)(a)-(f), provide a certification that: a) b) e) the existing single-family dwelling or the accessory apartment in the accessory structure is occupied by the owner as the owner's principal residence; that the other dwelling unit on the subject property is to be occupied by either a family member or a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement, and that rents charged to a tenant from the Affordable Housing Registry shall Updated: 6/25/2010 10:38 AM by Lynda Rudder Page 8 Resolution 2010-451 d) Board Meeting of June 15,2010 not exceed the rent established by the Town Board annually pursuant to Section 280-30F of this Code. that the dwelling unit is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. (4) Review of Application: The Application for a rental permit shall be reviewed for completeness and accuracy by the Chief Building Inspector and, in the case of applications pertaining to accessory apartments in accessory structures, by the Special Projects Coordinator. The Chief Building Inspector shall not issue a rental permit unless the application includes all of the requisite information enumerated in Section 280-13D(1)-(3) and written approval by the Special Projects Coordinator that the requirements of Section 280-13B(13)(i) have been satisfied. The Chief Building Inspector shall have the right to inspect the property to confirm compliance with the New York State Uniform Fire Prevention and Building Code and this Code. Fees: A nonrefundable annual permit application fee in the amount of $150 shall be paid at the time of filing an application for a rental permit or a renewal rental permit for an accessory apartment in an existing single-family dwelling. A nonrefundable annual permit application fee in the amount of $100 shall be paid at the time of filing an application for a rental permit or a renewal rental permit for an accessory apartment in an accessory structure. (6) Registry of Permits: It shall be the duty of the Chief Building Inspector to maintain a register of permits issued pursuant to this chapter. Such Register shall be kept by name of applicant and street address and set forth the date of expiration of the rental permit. (7) Annual Renewal: Rental Permits issued pursuant to this chapter shall be valid for a period of one (1) year from the date of issuance and must be renewed by application to the Chief Building Inspector in accordance with the procedures for the issuance of the initial rental permit within ten (10) days of expiration. (8) Penalties for offenses: In addition to any other penalties for violations of this Chapter, the Chief Building Inspector or Zoning Inspector shall revoke a permit when he or she finds that the owner has caused, permitted or allowed to exist and remain upon the premises a violation of any provision of the Code of the Town of Southold for a period of 14 days or more after written notice has been given to the owner. Should the owner permit any such violation of this Code, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York to remain uncured for a period of 30 days or more after written notice has been given to the owner, the Chief Building Inspector may revoke the certificate of compliance for the accessory apartment. (9) Appeal by Owner: An appeal of a denial, revocation or renewal of a rental permit by the Chief Building Inspector based upon the owner's failure to satisfy the Updated: 6/25/2010 10:38 AM by Lynda Rudder Page 9 Resolution 2010-451 Board Meeting of June 15, 2010 requirements of Section 280-13B(13)(j)(1) and (2) may be taken to the Housing Advisory Commission, by written request, made within 30 days from the date of such revocation. The Housing Advisory Commission shall hold a public hearing on such appeal within 30 days after receipt of written notice of such appeal and, after such hearing, shall make written findings and a decision either sustaining such denial or revocation or issuing or reinstating such permit within 30 days after close of such public heating. Any appeal of the revocation of a certificate of compliance must be presented to the Zoning Board of Appeals within 30 days from the date of revocation. ARTICLE XXVII Administration and Enforcement § 280-151. Administrative and enforcing officer. It shall be the duty of the Building Inspector and such deputies and assistants as may be appointed by the Town Board to administer and enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto. The Building Inspector and/or his Assistant and Deputy Building Inspectors shall have such right to enter and inspect buildings, structures or premises and to perform other acts necessary for the enforcement of this chapter as is conferred upon them by law. He shall maintain files of all applications for building permits and plans submitted therewith and for certificates of occupancy and records of all building permits and certificates of occupancy issued by him, which files and records shall be open to public inspection and to perform such other acts necessary for the enfo?cement of this chapter as is conferred upon them by law. Said Building Inspector shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken on each such complaint, which records shall be public records. He shall report to the Town Board, at intervals of not greater than three months, summarizing for the period since his previous report all building permits and certificates of occupancy issued by him and all complaints of violations and the action taken by him thereon. The Building Inspector shall make the necessary inspections for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter. At the request of the Town Board, the Building Inspector shall inspect any premises for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter and report, in writing, to said Board the results of his findings. At the request of the Planning Board, the Building Inspector shall review site plan applications for compliance with this chapter and requirements established in the presubmission conference. EN For this chapter, the term "Building Inspector" shall include and refer to: [Added 11-24- 1998 by L.L. No. 23-1998] Updated: 6/25/2010 10:38 AM by Lynda Rudder Page 10 Resolution 2010-451 Board Meeting of June 15, 2010 (1) Building Inspectors of the Town of Southold; and (2) The Director ~,f Cede Enfercemcnt Zoning Inspector of the Town of Southold. EN § 280-155. Penalties for offenses. [Amended 6-2-2009 by L.L. No. 6-2009[ For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits, takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector~ or Zoning Ordimm~ Inspector cr Ccde Enfcrc~.~mer~ Officer shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. Notwithstanding the foregoing, any violation of §280-13A(6), §280-13B(13), and §280- 13D are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violation shall constitute a separate additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. § 280-156. Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by local process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. III. SEVERABILITY Updated: 6/25/2010 10:38 AM by Lynda Rudder Page 11 Resolution 2010-451 Board Meeting of June 15, 2010 If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 6/25/2010 10:38 AM by Lynda Rudder Page 12 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 7, 2010 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below on June 15, 2010: 7:35 PM - "A Local Law in relation to Amendments to Use Regulations within the Agricultural ?onservation (A-C) District and Low Density Residential $-180, R-120, R-200 and R-400 Districts and Accessory Apartments" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Elizabeth A. Neville Town Clerk Long Island State Park Commission Email: Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Assessors gig~ure, Received By / ~/ ~ ~ Pl~&~e' pri~ n~e'- ~ ' ' PLEASE SIGN AND ~TU~ TO SOUTHOLD TO~ CLE~ Town of Shelter Island Southold Town Building Department Southold Town Trustees Southold Town Board of Appeals Page 1 ofl Randolph, Linda From: Cooper, Linda Sent: Monday, June 07, 2010 4:01 PM Subject: Notice to Adjacent of PH via mail Attachments: Accesory apt 3 6-15-10.doc; image001 .png; oledata.mso June 7, 2010 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on June 15, 2010: 7:35 PM - Local Law re: Accessory_ Apartments ' Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Commission Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island /'Town of Ri?~a}head Town of Southampton Signature, Receive~VBy Please print name ~tCv~ Cv~ ~'~C~ , PLEASE SIGN AND RETURN TO SOUTItOLD TOWN CLERK 6/9/2010 Lisa Dunlap From: Cooper t ,nda tbnda Coope,~@lown southoid ny us] Sent: Monday June 07 2010401PM Subject: Not]ce to Ad}acen! of PH via fTlail Attachments: ~mage001 png oiedata m$o Accesory apt 3 6,15~ 10 doc i'tl \,~1 I \kt: ~',t)ltCI thai thc t~*n Board ol the Iu~u~ ol ,~omh(4d ~dll hold i PI'I:ILI(' Ibc lxopsed I.o~:al t ~n~ lislcd I~%,~ on June 1~. 20] 0: Iliz;Ibclh \ Neville I'I,I';A.";I;; .~I(;N AND I{I']TI I{N TO gOt lllOIJ)TOWN CI);RK Page 1 of 1 Cooper, Linda From: Bunch, Connie Sent: Yuesday, June 08,2010 7:40 AM To: Cooper, Linda Subject: RE: Notice to Adjacent of PH via mail Got it From: Cooper, Linda Sent: Monday, June 07, 2010 4:01 PM Subject: Notice to Adjacent of PH via mail June 7, 2010 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 June 15, 2010: 7:35 PM - Local Law re: Accessory Apartments Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Commission Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Town of Riverhead Elizabeth A. Neville Town Clerk Long Island State Park Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island Town of Southampton Signature, Received By Please print name Date: Title: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK 6/8/2010 Page I of 1 townclerk From: To: Sent: Attach: Subject: "Cooper, Linda" <Linda. Cooper@town.southold.ny.us> <undisclosed-recipients:> Monday, June 07, 2010 4:00 PM image001.png; oledata.mso; Accesory apt 3 6-15-10.doc Notice to Adjacent of PH via mail June 7, 2010 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 June 15, 2010: 7:35 PM - Local Law re: Accessory Apartments Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Neville Attachments cc: Suffolk County Departmem of Planning Commission Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Departmem Town of Riverhead Signature, Re~/eived B~ Please prinlt name Town Clerk Long Island State Park Elizabeth A. Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island Town of Southampton Date: Title: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK R[CEIV~D Jill; ! I ?OlO 6/7/2010 RESOLUTION 2010-451 ADOPTED DOC ID: 5991 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-451 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 15, 2010: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of May 2010, a Local Law entitled "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-40~ R-80~ R-120~ R-200~ and R-400 Districts and Accessory Apartments" and WHEREAS that 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 therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-40~ R-80~ R-120~ R-200~ and R-400 Districts and Accessory Apartments" which reads as follows: LOCAL LAW NO. 2 of 2010 A Local Law entitled, "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-40~ R-80~ R-120~ R-200~ and R-400 Districts and Accessory Apartments". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent and purpose of this law to allow accessory apartments within accessory structures in A-C, R-40, R-80, R-120, R-200 and R-400 Districts to provide the opportunity for the development of small rental housing designed to meet the housing needs of median income families, both young and old, and relatives of families residing in the Town of Southold. It is also the intent of this law to increase compliance with building and fire code, property maintenance, preserve property values and the health, safety and welfare of the community." II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. ACCESSORY APARTMENT - An apartment A-4wettiag-u~ created in a presently existing one family dwelling unit or accessory structure pursuant to §280-13A(6 or B 13). Resolution 2010-451 Board Meeting of June 15, 2010 FAMILY MEMBER - The spouse, domestic partner, child, grandchild, stepchild, parent, aunt, uncle, niece, nephew, brother or sister of the owner 0r of the owner's spouse or domestic partner. RENTAL PERMIT - A permit issued by the Chief Building Inspector to the owner to allow use and occupancy of a lawfully existing accessory apartment. {}280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: Permitted uses. (1) One-family detached dwellings, not to exceed one dwelling on each lot. (2) The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: [Amended 5-23-1989 by L.L. No. 8- 1989] (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises. [Amended 11-29-1994 by L.L. No. 25-1994; 5-13-1997 by L.L. No. 8-1997] (b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks)EN on lots of 10 acres or more. (c) Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. (d) The retail sale of local produce from structures of less than 20 square feet floor area shall be set back at least 10 feet from any lot line. [Added 5-13- 1997 by L.L. No. 8-1997] (3) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (4) Wineries which meet the following standards: [Added 11-29-1994 by L.L. No. 26-1994] (a) (b) (c) (d) The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; The winery structures shall be set back a minimum of 100 feet from a major road; and The winery shall obtain site plan approval. Updated: 6/15/2010 10:08 PM by Elizabeth Neville Page 2 Resolution 2010-451 Board Meeting of June 15, 2010 (5) Small wind energy systems on parcels greater than seven acres in size, which parcels are dedicated primarily to uses necessary for bona fide agricultural production, and subject to the standards provided in Chapter 277 of this Town Code. [Added 7-1%2007 by L.L. No. 15-2007] (6) One accessory apartment in an existing one-family dwelling, subject to th._~e issuance ora rental permit in accordance with Section 280-13D and the following requirements: (a) (b) (c) (d) (e) (f) (g) (h) (i) ri) The accessory apartment shall be located in the principal building. The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. The existing one-family dwelling shall contain not less than 1,600 square feet of livable floor area. The accessory apartment shall contain not less than 450 square feet of livable floor area. The accessory apartment shall not exceed 40% of the livable floor area of the existing dwelling unit and any addition thereto permitted under Section 280-13(B)(13)(i) hereof. A minimum of three off-street parking spaces shall be provided. Not more than one accessory apartment shall be permitted on a lot. The accessory apartment shall meet the requirements of a__n dwc!Eng unit apartment as defined in § 280-4 hereof. The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. ~ ......... , .............................. . ............. u ect to a r restrictions and requirements in this Code, a reasonable expansion of the existing foundation, not to exceed 25% of the living space of the existing dwelling unit, may be permitted to accommodate the creation of an accessory apartment. .............. t~ ..................... ~ ~,~ ~zcu~) one ............... .............. ~r:nc,:~a! .... '~ .... ,~ a. ...... · ^c ~ tho ............................................ mended 5-20- L.L. No. 6-1993] All conversions shall be subject to the inspection of the Building Inspector ~d rznzwal issu~ce of tlc ~ ce~ificate of ocza~anzy compli~ce. ~.~..2"". [Amended 5-20-1993 by L.L. No. 6-1993] The ........ , dwelhng which is conve~ed to pe~it ~ accessory ap~ment shall be in existence, ~d ~avc be eligible for or have a valid ce~ificate of occup~cy issued prior to J~uary 1, !9gd 2004, or proof of legal occup~cy prior to that date. [~ended 5-20-1993 by L.L. No. 6- 1993] Updated: 6/15/2010 10:08 PM by Elizabeth Neville Page 3 Resolution 2010-451 (n) Board Meeting of June 15, 2010 The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. (o) (p) (q) Notwithstanding the provisions of § 280-13B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. No bed-and-breakfast facilities, as authorized by § 280-13B(4415) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3-1989] Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for twe family dwelling: and the uses set forth in Subsections B(1, 13, & 14) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (1) Two-family dwellings not to exceed one such dwelling on each lot. (2) Places of worship, including parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling), subject to the following requirements: (a) No building or part thereof shall be erected nearer than 50 feet to any street line and nearer than 20 feet to any lot line. (b) The total area covered by all principal and accessory buildings shall not exceed 20% of the area of the lot. (3) Private elementary or high schools, colleges and other educational institutions, subject to the following requirements: (a) (b) (c) (d) No building shall be less than 50 feet from any street or lot line. The total area occupied by all principal and accessory buildings shall not exceed 20% of the area of the lot. Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such. Any such school shall occupy a lot with an area of not less than five acres plus one acre for each 25 pupils for which the building is designed. (4) Nursery schools. (5) Philanthropic, eleemosynary or religious institutions, health care, continuing care and life facilities, but excluding facilities for the treatment of all types of drug addiction, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 11-12-1996 by L.L. No. 20-1996] Updated: 6/15/2010 10:08 PM by Elizabeth Neville Page 4 Resolution 2010-451 (a) b) (c) (d) (e) Board Meeting of June 15, 2010 No building or part thereof or any parking or loading area shall be located within 100 feet of any street line nor within 50 feet of any lot line. The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. The maximum height shall be 35 feet or 2 1/2 stories. The entire lot, except areas occupied by buildings or parking or loading areas, shall be suitably landscaped and properly maintained. Any health care, continuing care or life care facility shall meet the following standards: [1] [2] [3] [4] All buildings shall be of fire-resistive construction. All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. Patients suffering from communicable diseases shall not be permitted in any nursing home or sanatorium. (Communicable diseases are defined by the Sanitary Code of the Public Health Council of the State of New York.) Eight thousand square feet of lot area shall be provided for each patient bed. (6) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the Town, except that wireless communication facilities must obtain approval pursuant to Article XVII, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. [Amended 11- 12-1997 by L.L. No. 26-1997] (7) Beach clubs, tennis clubs, country clubs, golf clubs and annual membership clubs and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings catering exclusively to members and their guests, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 12-8-1998 by L.L. No. 26-1998] (a) (b) (c) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line or within 50 feet of any lot line. The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. No such use shall occupy a lot with an area of less than three acres. (8) Children's recreation camps organized primarily for seasonal use and subject to the following requirements: (a) No building, tent, activity area or recreation facility shall be less than 200 feet from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than 30 feet from each other, except tents, which shall be not Updated: 6/15/2010 10:08 PM by Elizabeth Neville Page 5 Resolution 2010-451 (b) (c) Board Meeting of June 15, 2010 less than 10 feet apart. The minimum lot area shall be not less than 10,000 square feet for each cottage, tent or other principal building and not less than 3,000 square feet of land area shall be provided for each person accommodated in the buildings or tents on the premises. EN The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. (9) Farm labor camps, subject to the following requirements: (a) All farm labor camps on farms shall be construed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the Planning Board. (10) Veterinarian's offices and animal hospitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure, if nearer than 150 feet to any lot line. (11) Cemeteries. (12) Stables and riding academies. EN (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (a) (b) (c) (d) (e) (h) (i) (i) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. A minimum of three off street parking spaces shall be provided on premises. Not more than one accessory apartment shall be permitted on a lot. The accessory apartment shall meet the requirements of an apartment as defined in Section 280-4 hereof. The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. The accessory structure which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008. The existing accessory structure shall comply with all other requirements of this Chapter. Approval of the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. No bed-and-breakfast facilities, as authorized by Section280-13(B)(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. Occupancy of resident structures on the premises shall be subject to the Updated: 6/15/2010 10:08 PM by Elizabeth Neville Page 6 Resolution 2010-451 Board Meeting of June 15, 2010 issuance of an annual rental permit in accordance with Section 280-13D and the following requirements: I1] The owner of the premises shall occupy either the existing single- family dwelling unit or the accessory apartment in the detached accessory structure as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: a) b) a family member; or to a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement. [21 Rents charged to a resident on the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to §280-30(F) of this Code. [31 No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. [41 An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. (k) The Chief Building Inspector, Zoning Inspector, and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. (14) Bed-and-breakfasts which have been issued a bed-and-breakfast permit by the Building Inspector. Said permit shall be issued for a term of one year if the following conditions are met: [Amended 3-14-1989 by L.L. No. 3-1989; 2-7-1995 by L.L. No. 3-1995] (a) (b) (c) (d) A smoke alarm shall be provided on each floor and in every guest room. The dwelling shall have at least two exits and there shall be a window large enough for emergency egress in each guest room. The identification sign shall be no larger than two square feet in areas zoned Residential-Office or higher, but there shall be no exterior signage identifying the use as a bed-and-breakfast in residential areas. No accessory apartment, as authorized by § 280-13B(13) hereof, shall be p. ermitted in or on promises for which a bed-and-breakfast facility is authorized or exists. (15) Historical society. [Added 11-12-1996 by L.L. No. 20-1996] Updated: 6/15/2010 10:08 PM by Elizabeth Neville Page 7 Resolution 2010-451 Board Meeting of June 15, 2010 (16) Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one apartment, not to exceed a total of three uses per building, provided that such building is owned and maintained by a not-for-profit historic organization. In no event shall there be more than one apartment per building. [Added 10-25-2005 by L.L. No. 18-2005] Rental Permit for Accessory Apartments: Notwithstanding any prior course of conduct or permission granted, no owner of property shall cause, permit, or allow the occupancy or use of an accessory apartment created pursuant to Sections 280-13A(6) or 280- 13B(13) without a valid rental permit issued upon application to the Chief Building Inspector. (1) Content of Application: An application for a rental permit or for a renewal of a rental permit shall bear the notarized signature of the owner and contain the following information: a) b) c) d) e) The name, date of birth and telephone number of the owner. The address of the subject property including street address and Suffolk County Tax Map number. In the event the owner is a corporation, partnership, limited liability company or other business entity, the name, address and telephone number of each owner, principal, officer, shareholder, partner or member of such business, The name(s) and telephone number(s) of all tenants. A copy of the lease agreement between Owner and Tenant. A copy of the certificate of occupancy or pre-existing certificate of occupancy for the property. (2) The owner of an accessory apartment within an existing one family dwelling shall, in addition to the information required in Section 280-13D(1)(a)-(f), provide a certification that the existing dwelling or accessory apartment is occupied by the owner and that the premises is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. (3) The owner of an accessory apartment in an accessory structure lawfully existing pursuant to Section 280-13B(13) shall, in addition to the information required in Section 280-13D(1 )(a)-(t), provide a certification that: a) b) c) the existing single-family dwelling or the accessory apartment in the accessory structure is occupied by the owner as the owner's principal residence~ that the other dwelling unit on the subject property is to be occupied by either a family member or a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement, and that rents charged to a tenant from the Affordable Housing Registry shall Updated: 6/I 5/2010 10:08 PM by Elizabeth Neville Page 8 Resolution 2010-451 d) Board Meeting of June 15, 2010 not exceed the rent established by the Town Board annually pursuant to Section 280-30F of this Code. that the dwelling unit is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. (4) Review of Application: The Application for a rental permit shall be reviewed for completeness and accuracy by the Chief Building Inspector and, in the case of applications pertaining to accessory apartments in accessory structures, by the Special Projects Coordinator. The Chief Building Inspector shall not issue a rental permit unless the application includes all of the requisite information enumerated in Section 280-13D(1)-(3) and written approval by the Special Projects Coordinator that the requirements of Section 280-13B(13)(j) have been satisfied. The Chief Building Inspector shall have the right to inspect the property to confirm compliance with the New York State Uniform Fire Prevention and Building Code and this Code. Fees: A nonrefundable annual permit application fee in the amount of $150 shall be paid at the time of filing an application for a rental permit or a renewal rental permit for an accessory apartment in an existing single-family dwelling. A nonrefundable annual permit application fee in the amount of $100 shall be paid at the time of filing an application for a rental permit or a renewal rental permit for an accessory apartment in an accessory structure. (6) Registry of Permits: It shall be the duty of the Chief Building Inspector to maintain a register of permits issued pursuant to this chapter. Such Register shall be kept by name of applicant and street address and set forth the date of expiration of the rental permit. (7) Annual Renewal: Rental Permits issued pursuant to this chapter shall be valid for a period of one (1) year from the date of issuance and must be renewed by application to the Chief Building Inspector in accordance with the procedures for the issuance of the initial rental permit within ten (10) days of expiration. (8) Penalties for offenses: In addition to any other penalties for violations of this Chapter, the Chief Building Inspector or Zoning Inspector shall revoke a permit when he or she finds that the owner has caused, permitted or allowed to exist and remain upon the premises a violation of any provision of the Code of the Town of Southold for a period of 14 days or more after written notice has been given to the owner. Should the owner permit any such violation of this Code, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York to remain uncured for a period of 30 days or more after written notice has been given to the owner, the Chief Building Inspector may revoke the certificate of compliance for the accessory apartment. (9) Appeal by Owner: An appeal of a denial, revocation or renewal of a rental permit by the Chief Building Inspector based upon the owner's failure to satisfy the Updated: 6/15/2010 10:08 PM by Elizabeth Neville Page 9 Resolution 2010-451 Board Meeting of June 15, 2010 requirements of Section 280-13B(13)(i)(1 ) and (2) may be taken to the Housing Advisory Commission, by written request, made within 30 days from the date of such revocation. The Housing Advisory Commission shall hold a public hearing on such appeal within 30 days after receipt of written notice of such appeal and, after such hearing, shall make written findings and a decision either sustaining such denial or revocation or issuing or reinstating such permit within 30 days after close of such public hearing. Any appeal of the revocation of a certificate of compliance must be presented to the Zoning Board of Appeals within 30 days from the date of revocation. ARTICLE XXVII Administration and Enforcement § 280-151. Administrative and enforcing officer. It shall be the duty of the Building Inspector and such deputies and assistants as may be appointed by the Town Board to administer and enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto. The Building Inspector and/or his Assistant and Deputy Building Inspectors shall have such right to enter and inspect buildings, structures or premises and to perform other acts necessary for the enforcement of this chapter as is conferred upon them by law. He shall maintain files of all applications for building permits and plans submitted therewith and for certificates of occupancy and records of all building permits and certificates of occupancy issued by him, which files and records shall be open to public inspection and to perform such other acts necessary for the enforcement of this chapter as is conferred upon them by law. Said Building Inspector shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken on each such complaint, which records shall be public records. He shall report to the Town Board, at intervals of not greater than three months, summarizing for the period since his previous report all building permits and certificates of occupancy issued by him and all complaints of violations and the action taken by him thereon. The Building Inspector shall make the necessary inspections for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter. At the request of the Town Board, the Building Inspector shall inspect any premises for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter and report, in writing, to said Board the results of his findings. At the request of the Planning Board, the Building Inspector shall review site plan applications for compliance with this chapter and requirements established in the presubmission conference. EN For this chapter, the term "Building Inspector" shall include and refer to: [Added 11-24- 1998 by L.L. No. 23-1998] Updated: 6/15/2010 10:08 PM by Elizabeth Neville Page 10 Resolution 2010~451 Board Meeting of June 15, 2010 (1) Building Inspectors of the Town of Southold; and (2) The D!rcctcr c`f Cz~e Enfc`rcement Zoning Inspector of the Town of Southold. EN § 280-155. Penalties for offenses. [Amended 6-2-2009 by L.L. No. 6-2009] For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits, takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector~ or Zoning Ordinance Inspector cr Cc, dc Enfcrc, cmcr~ Officer shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. Notwithstanding the foregoing, any violation of §280-13A(6), §280-13 B(13), and 6280- 13D are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and iudicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violation shall constitute a separate additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. § 280-156. Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by local process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. IlL SEVERABILITY Updated: 6/15/2010 10:08 PM by Elizabeth Neville Page 11 Resolution 2010-451 Board Meeting of June 15, 2010 If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 6/15/2010 10:08 PM by Elizabeth Neville Page 12 MARTIN D. FINNEGAN TOWN ATTORNEY martin finnegan(~o~town southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloroCWtown southold ny us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse (~/town.southold.ny.us SCOTT A. RUSSELL Supervisor Town H~lAnnex, 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 June 24, 2010 LL/Amendments to Use Regulations for Accessory Apartments/SEQRA Review For your records, I am enclosing the original, fully executed Short Environmental Assessment Form in connection with the referenced matter. We have retained a copy of this document in our file. Also enclosed is a copy of the resolution authorizing Supervisor Russell to execute this document. If you have any questions, please do not hesitate to call me. Thank you for your attention. /Ik Enclosures 6t7.20 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, 2. PROJECT NAME APPLICANT/SPONSOR Local Law: Amendments to Accessory Apartment regulations Town of Southold Town Board 3. PROJECT LOCATION: Suffolk Municipality Town of Southold County 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Jurisdictional limits of the Town of Southold 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/a~teration 6. DESCRIBE PROJECT BRIEFLY: A Local Law entitled, "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R40, R-80, R-120, R-200, and R-400 Districts and Accessory Apartments". 7. AMOUNT OF LAND AFFECTED: Initially ~,l~. acres Ultimately NA acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, descdbe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Describe: The proposed amendments apply to Agricultural Conservation (A-C) District and Low Density Residential R-40, R-80, R-120, R-200, and R-400 Districts. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULT MATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: New York State Department of State 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: NA 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes [-"]No I CERTIFY THAT T~INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorname: ScottP.~s~e'll, Supcrvisoc..-.. Date: 6/9/;2010 If the action is in the Co~s--~l Area, and you are a state agency, complet.e the Coastal Assessment Form before proceeding with this assessmen[ OVER , PART II - IMPACT ASSESSMENT (To be comp!e~_ed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. [~] Yes [~]No B. WILL ACTION RECEIVE COORDINATED REVIEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If NO, a negative declaration may be superseded by another involved agency. E~Yes ~']No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, sudace or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: None C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None Ga. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] NO If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequa~ly 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 deterrained, based on the information and analysis above aod any supporting documentaflon, thatthe pr°p°sed acti°n W1LI NOT result in any significant adverse environmental impacts AND provide, on attachments as necessaPJ, he reasons supporting this determinafior Town of Southold Town Board 6/9/2010 Name of Lead Agency Date Scott Russell Pdnt °r Type NTy Resp°n2ib~H~er in ~a~ ~ Si{~natuFe of Resp~nsible'Offi-cer in Lead Agency /Signature of p~,~r (If different fro~e?~onsib e o ) RESOLUTION 2010-438 ADOPTED DOC ID: 5981 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-438 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 15, 2010: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in Relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-40~ R-80~ R-120~ R-200 and R-400 Districts and Accessory Apartments" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance with the recommendation of Mark Terry dated June 9, 2010, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfrom Consistency Review, in accordance with the recommendation of the LWRP Coordinator, Mark Terry, dated June 9, 2010. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell RECEIVED dUIq 1 4 2010 So.thel~ To'w. Ct,erk DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING June 8,2010 Town of Southold PO Box 1179 Southold, New York 11935 Att: Ms. Elizabeth A. Neville, Clerk Applicant: Zoning Action: Resolution No.: Public Hearing Date: S.C.P.D. File No.: Town of Southold Amendments: "Use regulations within the A-C; R-40, R-8, R-120, R-200 and R-400 Districts and Accessory Apartments" #2010-382 & 2010-383 June 15, 2010 SD- 10-LD Dear Ms. Neville: Pursuant to the requirements of Sections A14-14 thru A14-25 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 an 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) 8534044 · , MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulsc~town.southold.ny.us SCOTT A, RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Date: Subject: RECEIVED MEMORANDUM To: Ms. Sandi Berliner JUI~ ~ 3 From: Lynne Krauza $o~lhol~ Town Secretary to the Town Attorney June 22, 2010 LL/Amendments to Accessory Apartments - SEQRA I am enclosing an original Short Environmental Assessment Form in connection with the referenced.matter. A resolution authorizing Scott to sign this document is also attached hereto. In this regard, kindly have Scott sign this form in both places where indicated and return to me for processing. Thank you for your attention. If you have any questions, please do not hesitate to call me. /Ik Enclosures J cc: Ms. Elizabeth A. Neville, Town Clerk (w/encls.) 817.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~)plicant or Project Sponsor) 1. APPLICANT/SPONSOR /zPROJECT NAME Town of Southold Town Board ! Local Law: Amendments to Accessory Apartment regulations 3. PROJECT LOCATION: Municipality TownofSouthold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc.. or provide map) Jurisdictional limits of the Town of Southold 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: A Local Law entitled, "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-40, R-80, R-120, R-200, and R400 Districts and Accessory Apartments". 7. AMOUNT OF LAND AFFECTED: Initially 1,4A acres Ultimately NA acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residenlial [] Industrial [] Commercial [] Agriculture [] Park/Foresl/Open Space [] Other Describe: The proposed amendments apply to Agricultural Conservation (A-C) District and Low Density Residential R-40, R-80, R-120, R-200, and R-400 Districts. 10. DOES ACTION INVOLVE A PERM T APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ~ Yes U No If Yes, list agency(s) name and permit/approvals: New York State Department of State 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: NA 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMiT/APPROVAL REQUIRE MODiFiCATiON? F--~ Yes []No ~ CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Scott Russell. Supervisor Date: 6/9/2010 Signature: I If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment I OVER PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) ! A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. [-]Yes [~-m No B. WILL ACTION RECEIVE COORDINATED REVIEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. [~Yes F~mNo C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, sudace or groundwater quality or quantity, noise levels, existing traffic paffem, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: None C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None C6. Long term, shod term, cumulative, or other effects not identified tn C1 -C57 Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN iMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENV RONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain bdefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART Ill - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility: (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detafl 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. ] Checkth~sb~ify~uhaveidenti~ed~ne~rm~rep~tentia~y~arge~rsigni~cantadverseImpactswhichMAY~ccur ThenproceeddirectlytotheFUL[ EAF and/or prepare a positive declaration. ] checkthisb~xify~uhavedetsrmined~based~ntheinf~rmafi~nandana~ysisab~veandanysupp~rtngd~cumenat~n~ hattheproposedactionWlU NOT result in any significant adverse environmen a mpacts AND provide, on attachments as necessary, Ihe 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 6/9/2010 Date Officer /~tura of P~r (~lf die'rant fr~-~~ /)nsible officer) RESOLUTION 2010-438 ADOPTED DOC ID: 5981 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-438 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTIIOLD TOWN BOARD ON JUNE 15, 2010: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "..~A Local Law in Relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-40, R-80~ R-120, R-200 and R-400 Districts and Accessory Apartments" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance with the recommendation of Mark Terry dated June 9, 2010, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review, in accordance with the recommendation of the LWRP Coordinator, Mark Terry, dated June 9, 2010. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell 9795 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 3rd day of June, 2010. /~..~..,...~ ~'~ Principal Clerk Sworn to before me this day of ,~_//~/- {./-~'(~¢~2010. CHRI~ T~NA VOLINSKI NOTA~v; ~, ;C-STATE OF NEW '. ~ ~ ~;~ G I-V06105050 GIVEN, the Town and IS HEREBY FURTIt~R GIVF~I th~/t the Town Board of the Town of Southold will hold a public prenfises on ~ ~ made from pri- marily Long ~ gra~ is produced and sold;, (b) The winery shall be on a parcel on which at least 10 ac~es are devoted to vineyard or other agricultural pur- poses, and which is owned by the winery (c) The winery structures shah be set back a minimum of 100 feet from a ma- jor road; and (d) ~ae winery shall obtain site plan approval; (5) Small wind energy systems on 1993 by L.L. No. 27-1993] (1) Two-family dwellings not to ex- ceed one such dwelling on each tot. (2) Places of worship, including par- ish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling), subject to the foUowing requirements: fa) No building or part thereof shall be erected nearer than 50 feet to any street tine and nearer than 20 feet to any lot line· (b)The total area covered by all prin- ci0al and accessory buildings shall not parcels greater than seven acres in si~e, exceed 20% of th¢ area of the loL which parcels are dedicated primarily to (3) Private elementary or hi~ hearing on the aforesaid Local Law at uses necessary for bona fide aglioultural schools, ¢olle~es-alld other educationa' the Southold Town Hall, 53095 Main production, andsubje~t to the ~ds ins~Jm~ions, ~ubj~:t to the followin~ rq Road, Southold, New York, on the l~sh provided in Chapter 277 of this Town qua'eu~llls: ~ el' ~ee 3sle~at~ ?-.~ ~ at which Code: !~dded 7.:l~;~,b~ L~j No. 15-I .- time~intere~t6~p~ons~be~iven~ :2607] , ': ;< ~,~ ..... IeF~omany~'eetoTaot~me: ~ m~r~mlt~fo'hel~e~ll': f6/Oneacce~ocvalmttmentinanex722 (b)~e t?tal area occupie~d b~ g Ii! domestm oartner, child ~randch d stt~D ]ivin~ snace ~;'h~'~--'-'~- ~:~ ~ oz t~c . c~.~l~.d~ parent. ~unt.fi.n¢le. mece. neohcw may be nermitted m accommedaie tt~ in ......... be pe~mi~te~ D~l~l~,se or domestic partner, h cre;~)on of an .~2~. ~o~.,,r~ma~nf {th~om_l~_~ll~l~l~,~. m'e d?fined Ule owner to allow uae and Occunancy Og '_.~_~ ~ "'~_~ ~-...n~ ~ ~w~ ?;;~...~ ~,~?~. ~ [4] ~ight thousand square feet Of b / luam~pnf am ..... ql ~ lou Heqs HT~.,u e ou~ea. ?l, -- . {¢l~ ~. ~ ...... - .... ~~,ddu uodh ~ proq~]l~i{ OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 $outhold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Supervisor Scoff Russell Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: June 9, 2010 Re: A Local Law entitled, "A Local Law in relation to Amendments to Use - Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-40, R-80, R-120~ R-200, and R-400 Districts and Accessory Apartments". The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the LWRP Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Martin Finnegan, Town Attorney Jennifer Andaloro, 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 Afpllcant or Project Sponsor) 1. APPLICANT/SPONSOR ~2. PROJECT NAME Town of Southold Town Board /Local Law: Amendments to Accessory Apartment regulations 3. PROJECT LOCATION: Municipality Towno£Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Jurisdictional limits of thc Town of Southold 5. PROPOSED ACTION IS: [] New [] Expansion [] Modi§cationlalterafion 6. DESCRIBE PROJECT BRIEFLY: A Local Law entitled, "A Local Law in relation to Amendments to Usc Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R40, R-80, R-120, R-200, and R400 Districts and Accessory Apartments". 7. AMOUNTr.(,.3aF LAND AFFECTED: Initially '"~ acres Ultimately NA acres 8. W1LL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~ Yes [] No If No, describe briefly 9. VWT,S PRESEnt LAND USE,. V,C,N,r OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] PaddForest/Open Space [] Other Describe: The proposed amendments apply to Agricultural Conservation (A-C) District and Low Density Residential R40, R-80, R- 120, R-200, and R400 Districts. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ~ Yes L-I No If Yes, list agency(s) name and permit/approvals: New York State Department of State 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: NA 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? []Yes []No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWt. EDGE Applicant/sponsor name: Scott Russell, Supervisor Date: 6/9/20]0 S~natum: I 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 PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617,47 If yes, coordinate the review process and use the FULL EAF. i--lYes ~]No B. WILL ACTION RECEIVE COORDINATED REVlEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. r~Yes ~']No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffm pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: None C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None C4. A community's e:,dsting plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? E~plain brieity: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None C6. Long term, short term, cumulative, or other effects not identitied in Cl-C57 Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes~.J~ 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 bpefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) iNSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant, Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibitity; (e) geographic scope; and (f) magnitude. If necessary, add attachments or referonca supporting materials. Ensure that explanations contain sufficient detail to show that all rolevant adverse impacte 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 Infermation and analysis above and any supperting documentation, that the proposed acfion WILt NOT result in any significant adverse environmental impact, s AND provide, on attachments as cocassae/, the reasons supporting this determination Town of Southold Town Board 6/9/2010 Name of Lead Agency Date Scott Russell Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from responsible officer) JUN. 8,2010-'10:15AM MAt~TII~ H. S~OR ~N~ ~ EDW~S GEORGE D. SOLOMON JOSEPH L. TOSSED PLAlqlglNG BOARD OFFICE TOV~I~ OF SOUTHOLD NO, 850 P, 1 MAILING ADDRIi:SS: P.O. Box 1179 ,Southold, HY 11971 O~'p'lCl~ LO C~TI O1~: Tow~ Hall Annex 54375 S~ate F~ut¢ 25 CCor. Main Rd. & ¥ou~gs Ave.) SoutholcL NY Tel~ho~e: $$! 765-1938 Fax: 6~1 765-3136 RECEIVED JUN 8 2010 MEMORANDUM Southold Town Clerk To; Scott Russell, Town Supervisor Members of the Town Board From: Martin Sidor, Planning Board Chairperson Members of the Planning Board Date: June 8, 2010 Planning Board Comments on ~A Local Law in relation to Amendments to Use Regulations within.the Aaricultural Conservation (A-C) District and Low Density Residential R-80, R-120, R-200, and R-400 Districts and Accessory Apa ,l~rnents- The Planning Board has reviewed the above amended, proposed legislation and supports the draft with no further comments or recommendations. Please call me with any questions or comments regarding the above. ~JUN. 9,2010 8:22AM DEPARTMENT OF PLANNING S C PLANIN~ DB~OT COUNTY OF SUFFOLK ST~V~ LEVY SUFFOLK COUNTY EXECUTIVE R£CEIV~D JUN 9 2010 ~outhold Town Clzrk THOMA9 A, ISLES, A. LC,P DIRECTOR OF pLANNING 2010 To~vn of Southokl PO Box 1179 Soulhold, NewYork 11935 Att: Ms. EJizabeth A. Neville, Clerk Applicant: Zoning Action; t~e~olution No.: Public Hearing DaTe: S,C,P.D. File No.: Town of Sout~old Amendments: "Use ~egulatioas within fl~e A-C; R-40, P.-$~ K-120, K-200 and R-400 D~ie~ ~d Accesso~ Ap~,.~en~' ~2010-382 & 2010-383 1~ 15, 2010 SD-10-LD Dear Ms. Neville: Pursumt to the requkemen~s of Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, ~c above refer~ced appl{cafio~ w~ch has bee~ s~bmi~ed to ~c Suffolk County Piing Co~ission is ~id~ed to be a matt~ for loc~ d~on ~ ~re h no app~t si~fi~t count-wide or ~ter-co~ ~paot(s). A decision of loeM aete~i.~on sho~4 not be con.ed ~ eider ~ approv~ or fl~approv~. Ve~' truly yoUrs, JUN - 8 2010 Thomas ,%. Isles, AICP Chief Planner APF:ds LOCATION MAILING ~DDR. ES$ H, LEE DENNISOn4 BLDG..&~-I FLOOR P.O. BOX 61~ (5~1) 853-~191 100 V~ERAN5 MEMORIAL HIGHWAY ~UPPAUGE. NY 1178~0~ ~LECOPIER (~1) ~5~0~ ELIZABETH A. NEVII.I.E, 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 May 19, 2010 Re: Resolutions 2010-382 2010-383 regarding proposed Local Law in relation to Amendments to Use Regulations within the A-C & R-40, R-8-, R-120, R- 200, and R400 Dislricts and Accessory Apartments Mart~ Sidor, Chairman Southold Town Planning Board 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr. Sidor: The Southold Town Board at their regular meeting on May 18, 2010 adopted the above resolutions. Certified copies of same are enclosed. Please prepare an official report defining the Planning Commissions recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law has also been sent to the Suffolk County Department of Planning for their review. The date and time for the public hearing is Tuesday, June 15, 2010 at 7:35PM Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, ille ' Southold Town Clerk Enclosures cc: Town Board Town Attorney ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOVv~I~]~ ~(~I~[HO LD Re: Resolutions 2010-382 & 2010-383 regarding proposed Local Law in relation to Amendments to. Use Regulations within the A-C; R-40, R-8-, R-120, R- 200, and R-400 Districts and Accessory Apartments Thomas A. Isles, AICP Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 DearMr. Isles: The Southold Town Board at their regular meeting on May 18, 2010 adopted the above resolutions. Certified copies of same are enclosed. Please prepare an official report defining the Planning Commissions recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law has also been sent to the Southold Town Planning Board for their review. The date and time for the public hearing is Tuesday, June 15, 2010 at 7:35PM Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures cc: Town Board Town Attorney Diane Wilhelm From: Sent: Subject: Attachments: Cooper, Linda [Linda. Cooper@town.southold-ny. usl Monday, June 07, 2010 4:01 PM Notice to Adjacent of PH via mail oledata.mso; Accesory apt 3 6-15-10.doc June 7,2010 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 June 15, 2010: 7:35 PM - Local Law re: Accessory Apartments Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attaclu~ents cc: Suffolk County Department of Planning Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Departmem Town of Riverhead Signature, R, eceived By tPiease print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island Town of Southampton Date: d''''~_.~'~t.'tm--~ '~ ~ ~tgl-O Title: ~/'-7~O~00/C~ PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK RECEIVED JUN 1 1 2010 ~outhold Town Fax:6313?60589 Jun 10 2010 11:26 P. 01 ELIZABETH A, NEV~T,LE, P, MC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS I~lqAGEMENT 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~hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 7, 2010 PLEASE TAKE NOTICE that the Town Board of the Town of Soulhold will hold PUBLIC HEARING on the . proposed Local Law listed ha|ow on June 15, 2010: _7:35 PM -_"A Local Law in relation to Amendments to Use Regulations withiE the Agricultural ~onsereation (A-C) District and Low Density Residential $-180, R-Il0, R-I00 and R-400 Districts and Accessory Apartments" 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 Plannlng Village of Greenport Emaih Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Assc~s Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Southold Town Building Department Southold Town Trustees Southold Town Board of Appeals PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK RECEIVED JUN 10 2010 outhold lown Clare 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 18th day of May 2010, a Local Law entitled "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-80~ R-120~ R-200~ and R-400 Districts and Accessory Apartments" 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 15th day of June, 2010 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation {A-CT District and Low Density Residential R-40~ R-80~ R-120~ R-200~ and R-400 Districts and Accessory Apartments" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation fA-C} District and Low Density Residential R-40~ R-80~ R-120~ R-200~ and R-400 Districts and Accessory Apartments". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent and purpose of this law to allow accessory apartments within accessory structures in A-C, R-40, R-80, R-120, R-200 and R-400 Districts to provide the opportunity for the development of small rental housing designed to meet the housing needs of median income families, both young and old, and relatives of families residing in the Town of Southold. It is also the intent of this law to increase compliance with building and fire code, property maintenance, preserve property values and the health, safety and welfare of the community." II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. ACCESSORY APARTMENT - An apartment ~ created in a presently existing one family dwelling unit or accessory structure pursuant to {}280-13A(6 or B 13). FAMILY MEMBER - The spouse, domestic partner, child, grandchild, stepchild, parent, aunt, uncle, niece, nephew, brother or sister of the owner or of the owner's spouse or domestic partner. RENTAL PERMIT - A permit issued by the Chief Building Inspector to the owner to allow use and occupancy ora lawfully existing accessory apartment. {}280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) One-family detached dwellings, not to exceed one dwelling on each lot. (2) The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: [Amended 5-23-1989 by L.L. No. 8-1989] (a) The raising of field and garden crops, vineyard and orchard fanning, the maintenance of nurseries and the seasonal sale of products grown on the premises. [Amended 11-29-1994 by L.L. No. 25-1994; 5-13-1997 by L.L. No. 8-1997] (b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks)EN on lots of 10 acres or more. (c) Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. (d) The retail sale of local produce from structures of less than 20 square feet floor area shall be set back at least 10 feet from any lot line. [Added 5-13-1997 by L.L. No. 8-1997] (3) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (4) Wineries which meet the following standards: [Added 11-29-1994 by L.L. No. 26-1994] (a) The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; (5) (6) (b) (c) The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; The winery structures shall be set back a minimum of 100 feet from a major road; and (d) The winery shall obtain site plan approval. Small wind energy systems on parcels greater than seven acres in size, which parcels are dedicated primarily to uses necessary for bona fide agricultural production, and subject to the standards provided in Chapter 277 of this Town Code. [Added 7-17-2007 by L.L. No. 15-2007] One accessory apartment in an existing one-family dwelling, subject to the issuance of a rental permit in accordance with Section 280-13D and the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 450 square feet of livable floor area. (e) The accessory apartment shall not exceed 40% of the livable floor area of the existing dwelling unit and any addition thereto permitted under Section 280-13(B)(13)(i) hereof. (f) A minimum of three off-street parking spaces shall be provided. (g) Not more than one accessory apartment shall be permitted on a lot. (h) The accessory apartment shall meet the requirements of an ~wc!!ing unit apartment as defined in § 280-4 hereof, (i) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. (i) all other restrictions and requirements in this Code, a reasonable expansion of the existing foundation, not to exceed 25% of the living space of the existing dwelling unit, may be permitted to accommodate the creation of an accessory apartment. (k) ......... ~ ..........c,;vner'g prlnc_al residence ..............cf shall first ccc'dr. [Amended 5-20-1993 by L.L. No. 6-1993] (l) All conversions shall be subject to the inspection of the Building Inspector and ~ issuance of hhe a certificate of c~ccupancy compliance.,,,,,,,.~- ..... "". [Amended 5-20-1993 by L.L. No. 6-1993] (m) The ~"':'~:"~.,~...-~, dwelling which is converted to permit an accessory apartment shall be in existence, and have be eligible for or have a .... 2004, valid certificate of occupancy issued prior to January 1, ~ r~oA or proof of legal occupancy prior to that date. [Amended 5-20- 1993 by L.L. No. 6-1993] (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. (o) Notwithstanding the provisions of § 280-13B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. (P) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (q) No bed-and-breakfast facilities, as authorized by § 280-13B(4415) hereof, shall be permitted in or on promises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3- 1989] Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for t;;'c c~:~., a...~m .....~ ...... j ......... ~ .....the uses set forth in Subsections B(1, 13, & 14) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (1) Two-family dwellings not to exceed one such dwelling on each lot. (2) Places of worship, including parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling), subject to the following requirements: (a) No building or part thereof shall be erected nearer than 50 feet to any street line and nearer than 20 feet to any lot line. (b) The total area covered by all principal and accessory buildings shall not exceed 20% of the area of the lot. (3) Private elementary or high schools, colleges and other educational institutions, subject to the following requirements: (a) No building shall be less than 50 feet from any street or lot line. (b) The total area occupied by all principal and accessory buildings shall not exceed 20% of the area of the lot. (c) Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such. (d) Any such school shall occupy a lot with an area of not less than five acres plus one acre for each 25 pupils for which the building is designed. (4) Nursery schools. (5) Philanthropic, eleemosynary or religious institutions, health care, continuing care and life facilities, but excluding facilities for the treatment of all types of drug addiction, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 11-12-1996 by L.L. No. 20- 1996] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line nor within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (6) (7) (c) The maximum height shall be 35 feet or 2 1/2 stories. (d) (e) The entire lot, except areas occupied by buildings or parking or loading areas, shall be suitably landscaped and properly maintained. Any health care, continuing care or life care facility shall meet the following standards: [1] All buildings shall be of fire-resistive construction. [2] All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. [3] Patients suffering from communicable diseases shall not be permitted in any nursing home or sanatorium. (Communicable diseases are defined by the Sanitary Code of the Public Health Council of the State of New York.) [4] Eight thousand square feet of lot area shall be provided for each patient bed. Public utility rights-of-way as well as structures and other installations necessary to serve areas within the Town, except that wireless communication facilities must obtain approval pursuant to Article XVII, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. [Amended 11-12-1997 by L.L. No. 26-1997] Beach clubs, tennis clubs, country clubs, golf clubs and annual membership clubs and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings catering exclusively to members and their guests, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 12-8-1998 by L.L. No. 26-1998] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line or within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) No such use shall occupy a lot with an area of less than three acres. (8) (9) (10) (11) (12) (13) Children's recreation camps organized primarily for seasonal use and subject to the following requirements: (a) No building, tent, activity area or recreation facility shall be less than 200 feet from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than 30 feet from each other, except tents, which shall be not less than 10 feet apart. (b) The minimum lot area shall be not less than 10,000 square feet for each cottage, tent or other principal building and not less than 3,000 square feet of land area shall be provided for each person accommodated in the buildings or tents on the premises. EN (c) The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. Farm labor camps, subject to the following requirements: (a) All farm labor camps on farms shall be construed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the Planning Board. Veterinarian's offices and animal hospitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure, if nearer than 150 feet to any lot line. Cemeteries. Stables and riding academies. EN One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (a) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (b) A minimum of three off street parking spaces shall be provided on premises. (g) (h) (i) Not more than one accessory apartment shall be permitted on a lot. The accessory apartment shall meet the requirements of an apartment as defined in Section 280-4 hereof. The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. The accessory structure which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008. The existing accessory structure shall comply with all other requirements of this Chapter. Approval of the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. No bed-and-breakfast facilities, as authorized by Section280- 13(B)(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with Section 280-13D and the following requirements: [1] The owner of the premises shall occupy either the existing single-family dwelling unit or the accessory apartment in the detached accessory structure as the owner's principal residence. The other dwelling unit shall be leased for year- round occupancy evidenced by a written lease for a term of one or more years to: a) a family member; or b) to a resident who is currently on the Southold Town [21 [31 Affordable Housing Registry and eligible for placement. Rents charged to a resident on the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to §280-30(F) of this Code. No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. [41 An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. (k) The Chief Building Inspector, Zoning Inspector, and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. (14) Bed-and-breakfasts which have been issued a bed-and-breakfast permit by the Building Inspector. Said permit shall be issued for a term of one year if the following conditions are met: [Amended 3-14-1989 by L.L. No. 3- 1989; 2-7-1995 by L.L. No. 3-1995] (a) A smoke alarm shall be provided on each floor and in every guest room. (b) The dwelling shall have at least two exits and there shall be a window large enough for emergency egress in each guest room. (c) The identification sign shall be no larger than two square feet in areas zoned Residential-Office or higher, but there shall be no exterior signage identifying the use as a bed-and-breakfast in residential areas. (d) No accessory apartment, as authorized by § 280-13B(13) hereof, shall be permitted in or on premises for which a bed-and-breakfast facility is authorized or exists. (15) Historical society. [Added 11-12-1996 by L.L. No. 20-1996] (16) Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one apartment, not to exceed a total of three uses per building, provided that such building is owned and maintained by a not-for-profit historic organization. In no event shall there be more than one apartment per building. [Added 10-25-2005 by L.L. No. 18-2005] Rental Permit for Accessory Apartments: Notwithstanding any prior course of conduct or permission granted, no owner of property shall cause, permit, or allow the occupancy or use of an accessory apartment created pursuant to Sections 280- 13A(6) or 280-13B(13) without a valid rental permit issued upon application to the Chief Building Inspector. (l) Content of Application: An application for a rental permit or for a renewal of a rental permit shall bear the notarized signature of the owner and contain the following information: a) The name, date of birth and telephone number of the owner. bt The address of the subject property including street address and Suffolk County Tax Map number. c/ In the event the owner is a corporation, partnership, limited liability company or other business entity, the name, address and telephone number of each owner, principal, officer, shareholder, partner or member of such business, d/ The name(s) and telephone number(st of all tenants. e) A copy of the lease agreement between Owner and Tenant A copy of the certificate of occupancy or pre-existing certificate of occupancy for the property. (2) The owner of an accessory apartment within an existing one family dwelling shall, in addition to the information required in Section 280- 13 D(1 )(a)-(f), provide a certification that the existing dwelling or accessory apartment is occupied by the owner and that the premises is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. (3) The owner of an accessory apartment in an accessory structure lawfully existing pursuant to Section 280-13B(13) shall, in addition to the information required in Section 280-13D(1)(a)-(0, provide a certification that: a) the existing single-family dwelling or the accessory apartment in the accessory structure is occupied by the owner as the owner's principal residence; bt that the other dwelling unit on the subject property is to be occupied by either a family member or a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement, and (4) (5) (6) (7) (8) c) d) that rents charged to a tenant from the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to Section 280-30F of this Code. that the dwelling unit is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. Review of Application: The Application for a rental permit shall be reviewed for completeness and accuracy by the Chief Building Inspector and, in the case of applications pertaining to accessory apartments in accessory structures, by the Special Projects Coordinator. The Chief Building Inspector shall not issue a rental permit unless the application includes all of the requisite information enumerated in Section 280- 13D(1)-(3) and written approval by the Special Projects Coordinator that the requirements of Section 280-13B(13)(j) have been satisfied. The Chief Building Inspector shall have the right to inspect the property to confirm compliance with the New York State Uniform Fire Prevention and Building Code and this Code. Fees: A nonrefundable annual permit application fee in the amount of $150 shall be paid at the time of filing an application for a rental permit or a renewal rental permit for an accessory apartment in an existing single- family dwelling. A nonrefundable annual permit application fee in the amount of $100 shall be paid at the time of filing an application for a rental permit or a renewal rental permit for an accessory apartment in an accessory structure. Registry of Permits: It shall be the duty of the Chief Building Inspector to maintain a register of permits issued pursuant to this chapter. Such Register shall be kept by name of applicant and street address and set forth the date of expiration of the rental permit. Annual Renewal: Rental Permits issued pursuant to this chapter shall be valid for a period of one (1) year from the date of issuance and must be renewed by application to the Chief Building Inspector in accordance with the procedures for the issuance of the initial rental permit within ten (10) days of expiration. Penalties for offenses: In addition to any other penalties for violations of this Chapter, the Chief Building Inspector or Zoning Inspector shall revoke a permit when he or she finds that the owner has caused, permitted or allowed to exist and remain upon the premises a violation of any provision of the Code of the Town of Southold for a period of 14 days or more after written notice has been given to the owner. Should the owner permit any such violation of this Code, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York to remain uncured for a period of 30 days or more after written notice has been given to the owner, the Chief Building Inspector may revoke the certificate of compliance for the accessory apartment. (9) Appeal by Owner: An appeal of a denial, revocation or renewal of a rental permit by the Chief Building Inspector based upon the owner's failure to satisfy the requirements of Section 280-13B(13)(i)(1) and (2) may be taken to the Housing Advisory Commission, by written request, made within 30 days from the date of such revocation. The Housing Advisory Commission shall hold a public hearing on such appeal within 30 days after receipt of written notice of such appeal and, after such hearing, shall make written findings and a decision either sustaining such denial or revocation or issuing or reinstating such permit within 30 days after close of such public hearing. Any appeal of the revocation ora certificate of compliance must be presented to the Zoning Board of Appeals within 30 days from the date of revocation. ARTICLE XXVII Administration and Enforcement § 280-151. Administrative and enforcing officer. It shall be the duty of the Building Inspector and such deputies and assistants as may be appointed by the Town Board to administer and enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto. The Building Inspector and/or his Assistant and Deputy Building Inspectors shall have such right to enter and inspect buildings, structures or premises and to perform other acts necessary for the enforcement of this chapter as is conferred upon them by law. He shall maintain files of all applications for building permits and plans submitted therewith and for certificates of occupancy and records of all building permits and certificates of occupancy issued by him, which files and records shall be open to public inspection and to perform such other acts necessary for the enforcement of this chapter as is conferred upon them by law. Said Building Inspector shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken on each such complaint, which records shall be public records. He shall report to the Town Board, at intervals of not greater than three months, summarizing for the period since his previous report all building permits and certificates of occupancy issued by him and all complaints of violations and the action taken by him thereon. The Building Inspector shall make the necessary inspections for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter. At the request of the Town Board, the Building Inspector shall inspect any premises for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter and report, in writing, to said Board the results of his findings. At the request of the Planning Board, the Building Inspector shall review site plan applications for compliance with this chapter and requirements established in the presubmission conference. EN For this chapter, the term "Building Inspector" shall include and refer to: [Added 11-24-1998 by L.L. No. 23-1998] (1) Building Inspectors of the Town of Southold; and (2) ............................. Zomng Inspector of the Town of Southold. EN § 280-155. Penalties for offenses. [Amended 6-2-2009 by L.L. No. 6-2009] For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits, takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector; o_r Zoning ©rdinance ~v ...................................... , upon a first conviction thereof, be guilty of a violation, punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. Notwithstanding the foregoing, any violation of §280-13A(6), §280-13B(13), and §280-13D are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction ora first offense; for convictions ora second or subsequent offense within 18 months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violation shall constitute a separate additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. § 280-156. Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by local process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: May 18,2010 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON June 3, 2010, 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 TC's Bulletin Board Planning Dept. Town Board Members Accounting Dept. ZBA Town Attorney Bldg. Dept. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being dulyswom, says that on the _3 dayof ~a'.,~,2010, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial maimer, in a most public place in the Town of Southok[, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: Accessory Apt Sworn before me this /~'~ day of .~(./.~,~, 2010. Nolar~ Public LINDA J cOOPER AR¥ puBLiC. State of NeW York NOT ..... ~63, Suffotk Count~ NO. 01C~o~^~,,,~ber 31, 20.-~,~ Term Expires Elizabeth A. Neville Southold Town Clerk RESOLUTION 2010-382 ADOPTED DOC ID: 5921 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-382 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 18, 2010: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of May, 2010, a Local Law entitled "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation {A-C) District and Low Densi~. Residential R-40~ R-80~ R-120~ R-200~ and R-400 Districts and Accessory, Apartments" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 15th day of June, 2010 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Densi ,ty Residential R-40, R-80~ R-120~ R-200~ and R-400 Districts and Accessory Apartments" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-40~ R-80~ R-120~ R-200~ and R-400 Districts and Accessory Apartments". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent and purpose of this law to allow accessory apartments within accessory structures in A-C, R-40, R-80, R-120, R-200 and R-400 Districts to provide the opportunity for the development of small rental housing designed to meet the housing needs of median income families, both young and old, and relatives of families residing in the Town of Southold. It is also the intent of this law to increase compliance with building and fire code, property maintenance, preserve property values and the health, safety and welfare of the community." II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. Resolution 2010-382 Board Meeting of May 18, 2010 ACCESSORY APARTMENT - An apartment ~ created in a presently existing one family dwelling unit or accessory structure pursuant to §280-13~6 or B13). FAMILY MEMBER - The spouse, domestic partner, child, grandchild, stepchild, parent, aunt, uncle, niece, nephew, brother or sister of the owner or of the owner's spouse or domestic partner. RENTAL PERMIT - A permit issued by the Chief Building Inspector to the owner to allow use and occupancy of a lawfully existing accessory apartment. §280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) One-family detached dwellings, not to exceed one dwelling on each lot. (2) The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: [Amended 5-23-1989 by L.L. No. 8- 1989] (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises. [Amended 11-29-1994 by L.L. No. 25-1994; 5-13-1997 by L.L. No. 8-1997] (b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks)EN on lots of 10 acres or more. (c) Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. (d) The retail sale of local produce from structures of less than 20 square feet floor area shall be set back at least 10 feet from any lot line. [Added 5-13- 1997 by L.L. No. 8-1997] (3) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (4) Wineries which meet the following standards: [Added 11-29-1994 by L.L. No. 26-1994] (a) The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; Updated: 5/18/2010 1:51 PM by Linda Cooper Page 2 Resolution 2010-382 Board Meeting of May 18, 2010 (b) The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; (c) The winery structures shall be set back a minimum of 100 feet from a major road; and (d) The winery shall obtain site plan approval. (5) Small wind energy systems on parcels greater than seven acres in size, which parcels are dedicated primarily to uses necessary for bona fide agricultural production, and subject to the standards provided in Chapter 277 of this Town Code. [Added 7-17-2007 by L.L. No. 15-2007] (6) One accessory apartment in an existing one-family dwelling, subject to the issuance of a rental permit in accordance with Section 280-13D and the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 450 square feet of livable floor area. (e) The accessory apartment shall not exceed 40% of the livable floor area of the existing dwelling unit and any addition thereto permitted under Section 280-13(B)(13){i) hereof. (f) A minimum of three off-street parking spaces shall be provided. (g) Not more than one accessory apartment shall be permitted on a lot. (h) The accessory apartment shall meet the requirements of an 6wetting-u~ apartment as defined in § 280-4 hereof. (i) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. 0) Updated: 5/18/2010 1:51 PM by Linda Cooper Page 3 Resolution 2010-382 Board Meeting of May 18, 2010 restrictions and requirements in this Code, a reasonable expansion of the existing foundation, not to exceed 25% of the living space of the existing dwelling unit, may be permitted to accommodate the creation of an accessory apartment. (k) .............. , ............................. mended 5-20- L.L. No. 6-1993] (1) All conversions shall be subject to the inspection of the Building Inspector and rzncwal issuance of~h~ a certificate of,~ccupancy compliance. armua!!y. [Amended 5-20-1993 by L.L. No. 6-1993] (m) The ~ui!~ng dwelling which is converted to permit an accessory apartment shall be in existence, and hav~ be eligible for or have a valid certificate of occupancy issued prior to January 1, I%°~ 2004, or proof of legal o~cupancy prior to that date. [Amended 5-20-1993 by L.L. No. 6- 1993] (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. (o) Notwithstanding the provisions of § 280-13B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. (p) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (q) No bed-and-breakfast facilities, as authorized by § 280-13B(-1-4-1~) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3-1989] Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for two family dwc!!ings and the uses set forth in Subsections B(1, 13, & 14) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (1) Two-family dwellings not to exceed one such dwelling on each lot. Updated: 5/18/2010 1:51 PM by Linda Cooper Page 4 Resolution 2010-382 Board Meeting of May 18, 2010 (2) Places of worship, including parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling), subject to the following requirements: (3) (a) (4) (5) (b) No building or part thereof shall be erected nearer than 50 feet to any street line and nearer than 20 feet to any lot line. The total area covered by all principal and accessory buildings shall not exceed 20% of the area of the lot. Private elementary or high schools, colleges and other educational institutions, subject to the following requirements: (a) No building shall be less than 50 feet from any street or lot line. (b) (c) The total area occupied by all principal and accessory buildings shall not exceed 20% of the area of the lot. (d) Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such. Any such school shall occupy a lot with an area of not less than five acres plus one acre for each 25 pupils for which the building is designed. Nursery schools. Philanthropic, eleemosynary or religious institutions, health care, continuing care and life facilities, but excluding facilities for the treatment of all types of drug addiction, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 11-12-1996 by L.L. No. 20-1996] (a) (b) (c) (d) (e) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line nor within 50 feet of any lot line. The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. The maximum height shall be 35 feet or 2 1/2 stories. The entire lot, except areas occupied by buildings or parking or loading areas, shall be suitably landscaped and properly maintained. Any health care, continuing care or life care facility shall meet the following standards: [1 ] All buildings shall be of fire-resistive construction. Updated: 5/18/2010 1:51 PM by Linda Cooper Page 5 Resolution 2010-382 [21 Board Meeting of May 18, 2010 All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of. Health. [31 Patients suffering from communicable diseases shall not be permitted in any nursing home or sanatorium. (Communicable diseases are defined by the Sanitary Code of the Public Health Council of the State of New York.) [4] Eight thousand square feet of lot area shall be provided for each patient bed. (6) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the Town, except that wireless communication facilities must obtain approval pursuant to Article XVII, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. [Amended 11- 12-1997 by L.L. No. 26-1997] (7) Beach clubs, tennis clubs, country clubs, golf clubs and annual membership clubs and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings catering exclusively to members and their guests, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 12-8-1998 by L.L. No. 26-1998] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line or within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) No such use shall occupy a lot with an area of less than three acres. (8) Children's recreation camps organized primarily for seasonal use and subject to the following requirements: (a) No building, tent, activity area or recreation facility shall be less than 200 feet from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than 30 feet from each other, except tents, which shall be not less than 10 feet apart. (b) The minimum lot area shall be not less than 10,000 square feet for each cottage, tent or other principal building and not less than 3,000 square feet of land area shall be provided for each person accommodated in the buildings or tents on the premises. EN Updated: 5/18/2010 1:51 PM by Linda Cooper Page 6 Resolution 2010-382 (9) (10) (11) (12) (13) Board Meeting of May 18, 2010 (c) The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residentilat neighborhood. Farm labor camps, subject to the following requirements: (a) All farm labor camps on farms shall be construed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the Planning Board. Veterinarian's offices and animal hospitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure, if nearer than 150 feet to any lot line. Cemeteries. Stables and riding academies. EN One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (a) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (b) A minimum of three off street parking spaces shall be provided on premises. (c) Not more than one accessory apartment shall be permitted on a lot. (d) The accessory apartment shall meet the requirements of an apartment as defined in Section 280-4 hereof. (e) The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. ( fl The accessory structure which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008. (g) The existing accessory structure shall comply with all other requirements of this Chapter. (h) Approval of the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. Updated: 5/18/2010 1:51 PM by Linda Cooper Page 7 Resolution 2010-382 (i) Board Meeting of May 18, 2010 No bed-and-breakfast facilities, as authorized by Section280-13(B)(14) hereof shall be pei:mitted in or on premises for which an accessory apartment is authorized or exists. 0) Occupancy of resident structures on the premises shall be subiect to the issuance of an annual rental permit in accordance with Section 280-13D and the following requirements: rll The owner of the premises shall occupy either the existing single- family dwelling unit or the accessory apartment in the detached accessory structure as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: a) a family member; or b) to a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement. [2] Rents charged to a resident on the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to §280-30(F) of this Code. [3] No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. [41 An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. _ . (k) The Chief Building Inspector, Zoning Inspector, and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. (14) Bed-and-breakfasts which have been issued a bed-and-breakfast permit by the Building Inspector. Said permit shall be issued for a term of one year if the following conditions are met: [Amended 3-14-1989 by L.L. No. 3-1989; 2-7-1995 by L.L. No. 3-1995] (a) A smoke alarm shall be provided on each floor and in every guest room. Co) The dwelling shall have at least two exits and there shall be a window large enough for emergency egress in each guest room. Updated: 5/18/2010 1:51 PM by Linda Cooper Page 8 Resolution 2010-382 Board Meeting of May 18, 2010 (c) The identification sign shall be no larger than two square feet in areas ~*zoned Residential-Office or higher, but there shall be no exterior signage ~,' identifying the use as a bed-and-breakfast in residential areas. (d) No accessory apartment, as authorized by § 280-13B(13) hereof, shall be permitted in or on premises for which a bed-and-breakfast facility is authorized or exists. (15) Historical society. [Added 11-12-1996 by L.L. No. 20-1996] (16) Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one apartment, not to exceed a total of three uses per building, provided that such building is owned and maintained by a not-for-profit historic organization. In no event shall there be more than one apartment per building. [Added 10-25-2005 by L.L. No. 18-2005] Rental Permit for Accessory Apartments: Notwithstanding any prior course of conduct or permission granted, no owner of property shall cause, permit, or allow the occupancy or use of an accessory apartment created pursuant to Sections 280-13A(6) or 280- 13B(13) without a valid rental permit issued upon application to the Chief Building Inspector. (1) Content of Application: An application for a rental permit or for a renewal of a rental permit shall bear the notarized signature of the owner and contain the following information: a) The name, date of birth and telephone number of the owner. b) The address of the subiect property including street address and Suffolk County Tax Map number. c) In the event the owner is a corporation, partnership, limited liability company or other business entity, the name, address and telephone number of each owner, principal, officer, shareholder, partner or member of such business, d) The name(s) and telephone number(s) of all tenants. e) A copy of the lease agreement between Owner and Tenant. A copy of the certificate of occupancy or pre-existing certificate of occupancy for the property. (2) The owner of an accessory apartment within an existing one family dwelling shall, in addition to the information required in Section 280-13D(1 )(a)-(f), provide a certification that the existing dwelling or accessory apartment is occupied by the owner and that the premises is in compliance with all of the provisions of the Updated: 5/18/2010 1:51 PM by Linda Cooper Page 9 Resolution 2010-382 Board Meeting of May 18, 2010 Code of the Town of Southold, the laws and sanitary and housing regulations of ;: the County of Suffolk and the laws of the State of New York. (3) The owner of an accessory apartment in an accessory structure lawfully existing pursuant to Section 280-13B(13) shall, in addition to the information required in Section 280-13D(1)(a)-(f), provide a certification that: the existing single-family dwelling or the accessory apartment in the accessory structure is occupied by the owner as the owner's principal residence; b) that the other dwelling unit on the subiect property is to be occupied by either a family member or a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement, and c) d) that rents charged to a tenant from the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to Section 280-30F of this Code. that the dwelling unit is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. (4) Review of Application: The Application for a rental permit shall be reviewed for completeness and accuracy by the Chief Building Inspector and, in the case of applications pertaining to accessory apartments in accessory structures, by the Special Projects Coordinator. The Chief Building Inspector shall not issue a rental permit unless the application includes all of the requisite information enumerated in Section 280-13D(1)-(3) and written approval by the Special Projects Coordinator that the requirements of Section 280-13B(13)(j) have been satisfied. The Chief Building Inspector shall have the fight to inspect the property to confirm compliance with the New York State Uniform Fire Prevention and Building Code and this Code. (5) Fees: A nonrefundable annual permit application fee in the amount of $150 shall be paid at the time of filing an application for a rental permit or a renewal rental permit for an accessory apartment in an existing single-family dwelling. A nonrefundable annual permit application fee in the amount of $100 shall be paid at the time of filing an application for a rental permit or a renewal rental permit for an accessory apartment in an accessory structure. (6) Registry of Permits: It shall be the duty of the Chief Building Inspector to maintain a register of permits issued pursuant to this chapter. Such Register shall be kept by name of applicant and street address and set forth the date of expiration of the rental permit. (7) Annual Renewal: Rental Permits issued pursuant to this chapter shall be valid for a period of one (1) year from the date of issuance and must be renewed by Updated: 5/18/2010 1:51 PM by Linda Cooper Page 10 Resolution 2010-382 Board Meeting of May 18, 2010 application to the Chief Building Inspector in accordance with the procedures for the issuance of the initial rental permit within ten (10) days of expiration. (8) Penalties for offenses: In addition to any other penalties for violations of trig Chapter, the Chief Building Inspector or Zoning Inspector shall revoke a permit when he or she finds that the owner has caused, permitted or allowed to exist and remain upon the premises a violation of any provision of the Code of the Town of Southold for a period of 14 days or more after written notice has been given to the owner. Should the owner permit any such violation of this Code, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York to remain uncured for a period of 30 days or more after written notice has been given to the owner, the Chief Building Inspector may revoke the certificate of compliance for the accessory apartment. (9) Appeal by Owner: An appeal of a denial, revocation or renewal of a rental permit by the Chief Building Inspector based upon the owner's failure to satisfy the requirements of Section 280-13B(13)(i)(1) and (2) may be taken to the Housing Advisory Commission, by written request, made within 30 days from the date of such revocation. The Housing Advisory Commission shall hold a public hearing on such appeal within 30 days after receipt of written notice of such appeal and, after such hearing, shall make written findings and a decision either sustaining such denial or revocation or issuing or reinstating such permit within 30 days after close of such public hearing. Any appeal of the revocation of a certificate of compliance must be presented to the Zoning Board of Appeals within 30 days from the date of revocation. ARTICLE XXVII Administration and Enforcement § 280-151. Administrative and enforcing officer. It shall be the duty of the Building Inspector and such deputies and assistants as may be appointed by the Town Board to administer and enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto. The Building Inspector and/or his Assistant and Deputy Building Inspectors shall have such right to enter and inspect buildings, structures or premises and to perform other acts necessary for the enforcement of this chapter as is conferred upon them by law. He shall maintain files of all applications for building permits and plans submitted therewith and for certificates of occupancy and records of all building permits and certificates of occupancy issued by him, which files and records shall be open to public inspection and to perform such other acts necessary for the enforcement of this chapter as is conferred upon them by law. Said Building Inspector shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken on each such complaint, which records shall be public records. He shall report to the Town Board, at intervals of not greater than three months, summarizing for the period since his previous report all Updated: 5/18/2010 1:51 PM by Linda Cooper Page 11 Resolution 2010-382 Board Meeting of May 18, 2010 building permits and certificates of occupancy issued by him and all complaints of violations and the action taken by him thereon. The Building Inspector shall make the necessary inspections for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter. At the request of the Town Board, the Building Inspector shall inspect any premises for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter and report, in writing, to said Board the results of his findings. At the request of the Planning Board, the Building Inspector shall review site plan applications for compliance with this chapter and requirements established in the presubmission conference. EN For this chapter, the term "Building Inspector" shall include and refer to: [Added 11-24- 1998 by L.L. No. 23-1998] (1) Building Inspectors of the Town of Southold; and (2) The D/rector of Code Enforc~-x~ent Zoning Inspector of the Town of Southold. EN § 280-155. Penalties for offenses. [Amended 6-2-2009 by L.L. No. 6-2009] For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits, takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector~ or Zoning Ordinance Inspector or Code Enforc~-':ncrX Officer shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. Notwithstanding the foregoing, any violation of §280-13A(6), §280-13B(13 ), and §280- 13D are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of confemng jurisdiction upon courts and iudicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violation shall constitute a separate additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5), the court may sentence the defendant(s) to pay an Updated: 5/18/2010 1:51 PM by Linda Cooper Page 12 Resolution 2010-382 Board Meeting of May 18, 2010 amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the oc~llpancy. § 280-156. Remedies. In case any building or structure is ~rected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by local process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 5/18/2010 1:51 PM by Linda Cooper Page 13 RESOLUTION 2010-383 ADOPTED DOC ID: 5922 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-383 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 18, 2010: RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation (A-C} District and Low Density Residential R-40~ R-80~ R-120~ R-200~ and R-400 Districts and Accessory, Apartments" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans, Russell SOUTHOLDTOWNBOARD PUBLIC HEARING January 19, 2010 7:35 PM Present: Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot Town Clerk Elizabeth Neville Town Attorney Martin Finnegan Absent: Supervisor Scott Russell This hearing was opened at 8:11 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15th day of December 2009, a Local Law entitled "A Local Law in relation to Amendments to Use Regulations within the Ag~'icultural Conservation (A-C} District and Low Densi .t3' Residential R-80~ R-120~ R-200~ and R-400 Districts and Accessory Apartments" 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 19th day of January, 2010 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-80~ R-120~ R-200~ and R-400 Districts and Accessory Apartments" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation {A-C} District and Low Density Residential R- 80~ R-120~ R-200~ and R-400 Districts and Accessory Apartments". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Amendments to Use Regulations 2 January 19, 2010 It is the intent and purpose of this law to allow accessory apartments within accessory structures in A-C, R-80, R-120, R-200 and R-400 Districts to provide the opportunity for the development of small rental housing designed to meet the housing needs of median income families, both young and old, and relatives of families residing in the Town of Southold. It is also the intent of this law to increase compliance with building and fire code, property maintenance, preserve property values and the health, safety and welfare of the community. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: {}280-4. Definitions. ACCESSORY APARTMENT - An apartment A dwelling ~';it created in a presently existing one family dwelling unit or accessory structure pursuant to §280-13B(13 or 14). FAMILY MEMBER - The spouse, domestic partner, child, grandchild, stepchild, parent, aunt, uncle, niece, nephew, brother or sister of the owner or of the owner's spouse or domestic partner. TRANSIENT - A rental period of 29 days or less. §280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: (1) (2) Permitted uses. One-family detached dwellings, not to exceed one dwelling on each lot. The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: [Amended 5-23-1989 by L.L. No. 8-1989] (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises. [Amended 11-29-1994 by L.L. No. 25-1994; 5-13-1997 by L.L. No. 8-1997] (b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks)EN on lots of 10 acres or more. (c) Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. (d) The retail sale of local produce from structures of less than 20 square feet floor area shall be set back at least 10 feet from any lot line. [Added 5-13-1997 by L.L. No. 8-1997] (3) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. Amendments to Use Regulations January 19, 2010 3 (4) Wineries which meet the following standards: [Added 11-29-1994 by L.L. No. 26-1994] (a) The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; (b) The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; (c) The winery structures shall be set back a minimum of 100 feet from a major road; and (d) The winery shall obtain site plan approval. (5) Small wind energy systems on parcels greater than seven acres in size, which parcels are dedicated primarily to uses necessary for bona fide agricultural production, and subject to the standards provided in Chapter 277 of this Town Code. [Added 7-17-2007 by L.L. No. 15-2007] Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for two-family dwellings and the uses set forth in Subsection B(15) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (1) Two-family dwellings not to exceed one such dwelling on each lot. (2) Places of worship, including parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling), subject to the following requirements: (a) No building or part thereof shall be erected nearer than 50 feet to any street line and nearer than 20 feet to any lot line. (b) The total area covered by all principal and accessory buildings shall not exceed 20% of the area of the lot. (3) Private elementary or high schools, colleges and other educational institutions, subject to the following requirements: (a) No building shall be less than 50 feet from any street or lot line. (b) The total area occupied by all principal and accessory buildings shall not exceed 20% of the area of the lot. (c) Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such. (d) Any such school shall occupy a lot with an area of not less than five acres plus one acre for each 25 pupils for which the building is designed. (4) Nursery schools. (5) Philanthropic, eleemosynary or religious institutions, health care, continuing care and life facilities, but excluding facilities for the treatment of all types of drug addiction, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 11-12-1996 by L.L. No. 20- 1996] Amendments to Use Regulations January 19, 2010 4 (6) (7) (8) (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line nor within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) The maximum height shall be 35 feet or 2 1/2 stories. (d) The entire lot, except areas occupied by buildings or parking or loading areas, shall be suitably landscaped and properly maintained. (e) Any health care, continuing care or life care facility shall meet the following standards: [1] All buildings shall be of fire-resistive construction. [2] All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. [3] Patients suffering from communicable diseases shall not be permitted in any nursing home or sanatorium. (Communicable diseases are defined by the Sanitary Code of the Public Health Council of the State of New York.) [4] Eight thousand square feet of lot area shall be provided for each patient bed. Public utility rights-of-way as well as structures and other installations necessary to serve areas within the Town, except that wireless communication facilities must obtain approval pursuant to Article XVII, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. [Amended I 1-12-1997 by L.L. No. 26-1997] Beach clubs, tennis clubs, country clubs, golf clubs and annual membership clubs and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings catering exclusively to members and their guests, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 12-8-1998 by L.L. No. 26-1998] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line or within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) No such use shall occupy a lot with an area of less than three acres. Children's recreation camps organized primarily for seasonal use and subject to the following requirements: (a) No building, tent, activity area or recreation facility shall be less than 200 feet from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as Amendments to Use Regulations January 19, 2010 5 (9) (10) (11) (12) (13) required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than 30 feet fi.om each other, except tents, which shall be not less than 10 feet apart. (b) The minimum lot area shall be not less than 10,000 square feet for each cottage, tent or other principal building and not less than 3,000 square feet of land area shall be provided for each person accommodated in the buildings or tents on the premises. EN (c) The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. Farm labor camps, subject to the following requirements: (a) All farm labor camps on farms shall be construed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the Planning Board. Veterinarian's offices and animal hospitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure, if nearer than 150 feet to any lot line. Cemeteries. Stables and riding academies. EN One accessory apartment in an existing one-family dwelling, subject to the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 450 square feet of livable floor area. (e) The accessory apartment shall not exceed 40% of the livable floor area of the existing dwelling unit and any addition thereto permitted under Section 280-13 (B)(13)(i) hereof. (f) A minimum of three off-street parking spaces shall be provided. (g) Not more than one accessory apartment shall be permitted on a lot. (h) The accessory apartment shall meet the requirements of an dwell'lng unit apartment as defined in § 280-4 hereofi (i) The exterior entry to the accessory apa,tment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. (j) All exterior alt~ation: te *,,he cxizting 5uilding, exert for acees: ta the apartment, shall 5e made ,eh the exi:Sng foundation. Subiect to all other restrictions and requirements in this Code, a reasonable expansion of the existing foundation, not to exceed 25% of the Amendments to Use Regulations 6 January 19, 2010 living space of the existing dwelling unit, may be permitted to accommodate the creation of an accessory apartment. (k) The certificate of compliance shall terminate upon the transfer of title by the owner or upon the owner ceasing to occupy one of the dwelling units as the owner's principal residence. In the event of an owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one year from date of said demise, whichever shall first occur. [Amended 5-20-1993 by L.L. No. 6-1993] (1) All conversions shall be subject to the inspection of the Building Inspector and renewal of the certificate of occupancy annually. [Amended 5-20-1993 by L.L. No. 6-1993] (m) The building which is converted to permit an accessory apartment shall be in existence, a.':~ ha;'e be eligible for or have a valid certificate of occupancy issued prior to January 1, 19,°4 2004, or proof of occupancy prior to that date. [Amended 5-20-1993 by L.L. No. 6-1993] (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. (o) Notwithstanding the provisions of § 280-13B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. (p) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (q) No bed-and-breakfast facilities, as authorized by § 280-13B(4-415) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3- 1989] (14) One accessory apm'tment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (a) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (b) A minimum of three off street parking spaces shall be provided on premises. (c)Not more than one accessory apartment shall be permitted on a lot. (d) The accessory apartment shall meet the requirements of an apartment as defined in Section 280-4 hereof. (e) The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. ( f} The accessory structure which is converted to permit an accessory apartment shall be in existence and be eligible for a pre-certificate of occupancy or have a valid certificate of occupancy issued prior to January 1, 2004. Amendments to Use Regulations January 19, 2010 (i) (k) (1) (m) The existing accessory structure shall comply with all other requirements of this Chapter. Notwithstanding the provisions of Section 280-13(B) hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment in an accessory structure. Approval of the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. No bed-and-breakfast facilities, as authorized by Section280- 13(B){15) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. Occupancy of resident structures on the premises shall be subject to the following requirements: [1] The owner of the premises shall occupy either the existing single family dwelling unit or the accessory apartment in the detached accessory structure as the owner's principal residence. The other dwelling unit shall be leased for year round occupancy evidenced by a written lease for a term of one or more years to: a) a family member; or b) to a resident who is currently on the Southold Town [2] [31 affordable housing registry. Rents charged to a resident on the affordable housing re~stry shall not exceed the rent established by the Town Board annually pursuant to §280-30(F) of this code. No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building [41 [51 Code. A transient rental is prohibited. An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. The premises and all structures are subject to annual review and certification by the owner of compliance with the mandates of this chapter. The Chief Building Inspector, Code Enforcement Officer, and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. The Chief Building Inspector or Code Enforcement Officer shall revoke the certificate of occupancy for the premises when he or she finds that the owner has caused, permitted or allowed to exist and remain upon the premises a violation of any provision of the Amendments to Use Regulations January 19, 2010 8 (n) (o) (p) Code of the Town of Southold for a period of 14 days or more after written notice has been given to the owner. An appeal from such revocation may be taken by the permit holder to the Housing Advisory Commission, by written request, made within 30 days from the date of such revocation. The Housing Advisory Commission shall hold a public hearing on such appeal within 30 days after receipt of written notice of such appeal and, after such hearing, shall make written findings and a decision either sustaining such certification of occupancy revocation or reinstating such certificate of occupancy within 30 days after close of such public hearing. In lieu of an inspection, the owner of the premises may submit a written certification, within 10 days of each anniversary of the commencement of the lease term to the Chief Building Inspector verifying that the dwelling unit is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. In addition, the owner shall certify that the tenant is a family member or currently listed on the Town's approved housing registry in accordance with §280- 13(B)(14)(k). If the owner fails to submit a timely verified certificate, in writing, to the Chief Building Inspector, such shall be deemed a violation of this chapter. A violation of this chapter by the owner(s) is hereby declared to be an offense punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for conviction of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violation shall constitute a separate additional violation. (q) Additionally, in lieu of imposing the fine authorized in §280- 13(B)(14)(1~), in accordance with Penal Law §80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. (4-415) Bed-and-breakfasts which have been issued a bed-and-breakfast permit by the Building Inspector. Said permit shall be issued for a term of one year if the following conditions are met: [Amended 3-14-1989 by L.L. No. 3- 1989; 2-7-1995 by L.L. No. 3-1995] (a) A smoke alarm shall be provided on each floor and in every guest room. Amendments to Use Regulations 9 January 19, 2010 (b) The dwelling shall have at least two exits and there shall be a window large enough for emergency egress in each guest room. (c) The identification sign shall be no larger than two square feet in areas zoned Residential-Office or higher, but there shall be no exterior signage identifying the use as a bed-and-breakfast in residential areas. (d) No accessory apamnent, as authorized by § 280-13B(13) hereof, shall be permitted in or on premises for which a bed-and-breakfast facility is authorized or exists. (4-516) Historical society. [Added 11-12-1996 by L.L. No. 20-1996] (J,61__~7) Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one apartment, not to exceed a total of three uses per building, provided that such building is owned and maintained by a not-for-profit historic organization. In no event shall there be more than one apartment per building. [Added 10-25-2005 by L.L. No. 18-2005] IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Part of this record is a letter January 13, 2010 from chief planner, Andrew Freeland of the Suffolk County Department of Planning setting for the planning commission's consideration of this matter as one for local determination; also a memo to the Town Board dated January 15, 2010 from the chairman of the Planning Board setting forth the Planning Board's comments on a proposed local law, all of which were considered and discussed by the Town Board at today's work session. The Planning Board has recommended the elimination of the least requirement in section 280-13B, 14K1 for family member occupants. Review of the transient rental definition, reconsideration of maximum size limit as a fixed size rather than as a percentage of existing livable floor area, extension of eligibility to buildings or structures that have a CO issued as of the date of enactment rather than prior to January 1, 2004 and the extension of the legislation to commercial zones as well. And three, a memo to the Town Board dated January 15, 2010 from Mark Terry, LWRP coordinator recommending that the proposed law is consistent with the LWRP together with a short environmental assessment form confirming that the proposed law will not result in any significant adverse environmental impacts. Also a letter dated this day from Patricia Moore, local attorney, stating her Amendments to Use Regulations 10 January 19, 2010 strong support for the legislation and suggesting certain changes including the expansion of the definition of a family member to include caregivers. The elimination of the single floor restriction on accessory apartments in 14E, the expansion of the affordable housing registry conditions to include more categories of eligible occupants including teachers, fireflghters etc and other changes similar to those suggested by the Planning Board including extending the eligibility to structures with CO's issued currently and eliminating leases for family member occupants. And lastly, there are also copies of legal notices and certifications from both the Town Clerk and it has been noticed in the local paper. COUNCILMAN KRUPSKI: That is good. We are fortunate tonight, we have members from Southold Town's Affordable Housing Committee with us. Thank you for coming. And if anyone would like to make any comment on the proposed law, please come up to the microphone and identify yourselfi NANCY PESTER: Good evening ladies and gentlemen and members of the Town, my name is Nancy Pester and I am here tonight in the capacity as a representative from the Housing Advisory Commission. We have prepared a letter regarding this proposed accessory apartment amendment. The Housing Advisory Commission serves as an advisory committee to the town board to promote affordable housing opportunities within the town of Southold. The HAC has been working diligently to address the need for affordable apartments in the Town. After reviewing the existing code and attending a series of meetings with the Town Board, Planning Board, employees of the County of Suffolk and the Town of Riverhead, the commission hosted a forum with the general public to share ideas and ways to develop apartments that generated meaningful feedback. Through additional research and synthesizing suggestions from many resources, the HAC met again with the Town Board in July of 2009 to make formal recommendations regarding strategies to promote an inventory of apartments with existing housing units and those on existing accessory structures. These recommendations prompted additional discussion among the Town Board and the Planning Board and additional review within the whole committee. The final proposed amendments to the town code has produced a reasonable first step to increase the inventory of apartments within the town that include (inaudible) units that will be affordable as well as those that will accommodate family members. And in summary, due to the limited number of rental opportunities in Southold Town, coupled with the significant increase of housing prices over the past decade, many of our local residents face challenges finding legal, safe and affordable housing. We fully endorse the proposed legislative changes and urge the Town Board to do the same. Thank you very much. COUNCILMAN KRUPSKI: Thank you. THOMAS SAMUELS: Good evening, my name is Tom Samuels, I live in New Suffolk. I also agree with your strategy or whoever devises code change, it makes a lot of sense. It actually maybe brings this issue into a bit of rationality because it makes no sense to allow it in the house but not in accessory structures, there is a ton of accessory structures Amendments to Use Regulations 11 January 19, 2010 out there and no doubt a ton of illegal apartments in them, so I think it makes sense for the code to kind of catch up with that reality and provide for this need which is evident. I was a stakeholder in New Suffolk and we came very close to a similar notion as you guys, we never actually submitted it because we were afraid of being the only hamlet but it started out, this whole exercise in New Suffolk started out as defining the entire hamlet as a halo zone because as you know, there is hardly any fanning there and we felt like we were all in this together. And we came very far along on a proposal such as this, as you may also know in New Suffolk, there are a ton of former guest houses and two family houses and little apartments over garages and little apartments in garages and there always has been. I think given that density which is half acre and quarter acre and some one acre, I may seem a little bit dense to some but that is the traditional density of a hamlet and certainly the traditional density of New Suffolk. Therefore, I don't understand why you know, there has to be R40, I mean R80 in our 1/20th AC. What is wrong with R407 That is what most of the houses are in this hamlet. That is what most of the illegal apartments are, too. And I think it makes sense to try to look at that situation and at least for the sake of (inaudible) New Suffolk or Nassau Point or wherever, you know, allow it to happen there, it is not just a, you know, because people are clamoring for it maybe but it is also a way to generate a bit of revenue. I don't know what the assessment implications of this are going to be but certainly the Town is going to expect to make more money on it one way or the other. With 20 plus years as an architect in the Town, I also can tell you that over 100 times my clients and potential clients have come to me and asked for possibility of having a guest house and you know what I tell them? You know, I don't really understand why but that is not permitted. It is impossible. You cannot have it. You are not allowed to let your grandchildren sleep out in the outbuilding. I can understand why you might not want them to sleep in the pool house because there are obviously implications about pools and small children but what is wrong with allowing family members and I think Pat Moore and also the Planning Board addressed that, the issue of a lease, you are not going to have your guests sign a lease I don't think when they come out for a weekend .... COUNCILMAN KRUPSKI: Well, I think it depends on every family. MR. SAMUELS: I have, you know, like I say, have had to advise my clients many, many times, you are not allowed to do that and I can tell you I never provided for that. Either as far as they are concerned but it isn't because they didn't want it and I have no idea what happens long after I am gone in some instances but what is so bad about guest houses and why can't you instead of seeing this as purely accessory apartment law, see it as a uses and accessory buildings law and literalize that to the point that makes what I would consider, sense. Namely that as long as you meet the code and there is a lot of them from the state through the county and the town, regulating accessory buildings to just (inaudible) with a nice accessory building, you know, revisiting the limitations on accessory buildings depending on lot size, height of the structure, distance setback etc etc, size of the lot. I don't see why that should be excluded from casual habitation. And that is my primary point here tonight is that it is great for the accessory apartments, there obviously a need but you are you know, a finish nail with a sledgehammer a little bit because there is a casual need as well and it exists in some of the higher end districts of Amendments to Use Regulations 12 January 19, 2010 the town which are able to afford it and to pay for it and to subsidize the town's tax base as a result. I would say. They would dispute that last point but I think it is true. And the same is true for the preexisting structures, I don't understand that. I don't understand why it is preexisting structures, why you have to say before a certain date. You know, I build new buildings a lot of times and I renovate a lot of old buildings and they both are equivalent in many ways. They meet the code, they meet the code. Whether it was built before or after. I just don't understand what your point is there or why that is so important or that they be on one stow because I mean, that just makes it spread out more. If you can build it up or go under the roof, you can fit a nice little bed in there and it shouldn't be a dirty word anymore but it is still, in accessory buildings. Bedrooms. And showers. COUNCILMAN TALBOT: Tom, the date of that, we were kicking that around today still, that you know, where did we come up with that date? But as far as New Suffolk goes, I don't know if you would get Board of Health approval for any of those properties down there with all of those apartments. MR. SAMUELS: Good point but it would be half acre zoning basically, if you have public water. That is the density that the health department would allow. But they have a guest cottage approval, which is separate. It is not seen necessarily as a single, stand alone habitation. COUNCILMAN TALBOT: Less use. MR. SAMUELS: Correct. And so a smaller system. So you can up that density a little bit but the Health Department regulates density and that is why I don't think you guys need to do that in this way. I don't understand why that, it seems like there is a huge fear like we are gutting zoning and you are suddenly going to have two family houses everywhere. I understand that fear and that is what kept us in New Suffolk from going ahead with our recommendations through the stakeholder group. But I don't think it is entirely valid and if the town is considering it as a whole, guest houses. That is what COUNCILMAN TALBOT: There is no R80 down there at all, right? And no AC? MR. SAMUELS: There may be a little stretch along .... COUNCILMAN TALBOT: A little north. MR. SAMUELS: On the water and even though we wanted the whole hamlet in it, Mark did end up cutting out parts of Jackson which he saw as waterfront therefore more vulnerable, my attitude is the waterfront is more regulated than any other property in the town and if the DEC says it is okay and the health department says it is okay to have a guest structure, why is it that the town is the only one that says no? I think it is source of revenue for you guys and as far as my clients are concerned, it is a rational use. Amendments to Use Regulations 13 January 19, 2010 COUNCILMAN KRUPSKI: Thank you for your comments. And we did hit on some of the, like Chris said, the date thing. I think the Town Board wants to hear public comment on the date .... MR. SAMUELS: You have mine. COUNCILMAN KRUPSKI: Last time was 1984 and I think the law was passed after that. MR. SAMUELS: Inaudible. Say five years before or say at the same time like the Planning Board, that makes some sense. COUNCILMAN KRUPSKI: It does. It does. And actually, the thing about the family lease, actually it could be written on a piece of paper and it could be for a dollar a year but it is still a lease and it is just so the town knows that it is a family member living there. MR. SAMUELS: What about the weekend guests there? COUNCILMAN TALBOT: I think part of that was not having you know, say a share house where you are going to be selling, renting it out different weekends. MR. SAMUELS: Inaudible. COUNCILMAN KRUPSKI: That is what we are trying to control. Rent it out every weekend. MR. SAMUELS: Thanks for thinking about it. COUNCILMAN KRUPSKI: Thank you. Anyone else? Go ahead. JIM DUGGAN: My name is Jim Duggan. I have two questions. The first question is do we have the manpower, the money and the determination to enforce this? COUNCILMAN KRUPSKI: We believe we do. MR. DUGGAN: In this economic times, you were thinking of laying off police officers, we are going to have the money and the manpower and the determination? COUNCILMAN KRUPSKI: Yes. MR. DUGGAN: I hope so. The second question is, what are you, after you pass this law, what are you going to do about the illegal apartments that are existing in the town? Are they going to have to comply to the law or are they just going to be a separate entity and this law is going to stand by itself and the people who are getting accessory Amendments to Use Regulations 14 January 19, 2010 apartments are being held to a higher code? What are you going to do about the illegal apartments that don't respond or correspond to the regulations that you pass in this vote? COUNCILMAN KRUPSKI: They all should be upgraded to conform to this code. MR. DUGGAN: Do you have a list of these illegal apartments? COUNCILMAN KRUPSKI: No, they are all... COUNCILMAN ORLANDO: If someone calls into the town and they believe there is an illegal apartment someplace, code enforcement is aware of that and they go and investigate. COUNCILMAN KRUPSKI: Now they would have an option to make their apartment conform to the law. MR. DUGGAN: Because if you don't enforce or stop the illegal apartments, the people who are going to apply for this code are going to apply to this code are going to say, why should I respond to this when there are people, and we all know them, I pass them on the road everyday just like you do and they are out there and nothing happens. COUNCILMAN KRUPSKI: Well, now this gives them an opportunity to conform to the code. Before they had .... MR. DUGGAN: Inaudible. COUNCILMAN KRUPSKI: Before they had... COUNCILMAN TALBOT: I also think this is just the start of it and this is the first public heating on it but you can't assume everybody is going to do something wrong. You know, if we had a list of the illegal apartments in town, I am sure code enforcement would be working on it and they do come in fi.om neighbors typically. But as far as, we had something today and if somebody had an apm'tment that didn't fit in one of the zones we are proposing, they couldn't actually legalize it, they would have to get rid of it. Or go for a variance on it. Because it wouldn't meet the law. MR. DUGGAN: I was involved a little bit at the early start and there was a numerical number, I believe it was 75, was the number of accessory apartments that started out. Now I see the new revision of the law, there is no limit. Is that because of the economic times? Or... COUNCILMAN KRUPSKI: That is the way, no that .... MR. DUGGAN: Inaudible. About my first question, do we have the manpower? Amendments to Use Regulations January 19, 2010 15 COUNCILMAN KRUPSKI: Well, I think we do. You know, that is why we have the public heating, to get input. And if you think maybe it should be limited to a certain number in each hamlet or something, you know, that is a valid point and you should make .... MR. DUGGAN: I think the Planning Board recommended 200. I believe the Planning Board had a recommendation somewhere around 200. I might be wrong but it started out 75 ifI am not mistaken. Correct? Okay, thank you. COUNCILMAN KRUPSKI: Thank you. Sir? CHET (No last name): I have no speech prepared. My name is Chet, I am a small business owner. Worked all my life in a trade from six, seven days a week. Lately everyone knows it has been tough, we are down to maybe two or three days. The tradesmen are taking a big hit and I think that this would be good amendment to pass because I think financially it would help out people. Also there are families with older, disabled people who could then combine and help each other out at that point until things pick up and our economy gets a little better. I believe this amendment would be good to pass. COUNCILMAN KRUPSKI: Thank you. ANDREW GREENE: Andrew Greene from Peconic. I was one of the Peconic stakeholders, I have been looking at this issue for quite some time as well and I think in addition to the clear benefits of increasing the work force housing and allowing for assistance to family members for health or economic or any other reason (inaudible) for some time and probably even more extreme now in the current economic circumstances that there are a number of benefits to be considered. One is that, sort of the flip side of the work force housing, is that this would also allow more people to afford to purchase homes because they could rely on income from the accessory apartments to pay for their mortgages, so you are helping affordability both from people buying as well as people renting. And at the same time, this would then assist people who are trying to sell their homes who haven't been able to in the current market which would be of great benefit obviously to town residents and then the benefits of increasing these number of transactions to benefit people in the real estate industry, it is going to create revenues for the Peconic Bay preservation fund and then like the previous gentleman suggested, there would also probably be likely benefits to the construction industry, people making renovations and then getting income from accessory apartments. I think there is a number of them that as far as illegal apartments I mean, people are going to break the laws, they are going to break the law. But at least this gives people who have apartments in accessory buildings the opportunity to conform with the code. So at least I think it provides the opportunity to improve the safety of those apartments and perhaps prevent some tragedies there. I think there clearly a lot of good things to come. Thank you. COUNCILMAN KRUPSKI: Thank you. Amendments to Use Regulations 16 January 19, 2010 GEORGE SCHNEIDER: I am George Schneider from Cutchogae. Good evening to everybody. Some of my concerns or questions were answered or addressed already but I have to revisit what this gentleman said from New Suffolk and it is certainly not the only area, R40, with high density that quite honestly I think is discriminatory if it is eliminated from this plan. In these areas, and I know they are throughout the town, have senior citizens in them, sometimes, many times only one person living in the house. Many of these homes are seasonal homes and they are not even occupied during the winter. Seasonal summer homes. So the density I don't see as a concern, yet it is in these areas where you have the senior citizens that would really benefit from the extra income. Are some of these apartments existing there already? Yes, they are. So I would ask you to reconsider this R40 and instead of having somebody go for a variance and we know what that rigmarole is all about, take it on a case by case application and hopefully you will get a lot of applications. I heard maybe you can shed some light on this, I was told last week that Riverhead's program wasn't responded to very well. I am not sure about that. The other concern I have is the date. 2004, I know you moved it up 20 years but if I built a house or an accessory building in 2005 and my neighbor built one in 2004, he has got the apartment and providing housing and making money and I am sitting here, you know, struggling to make my mortgage. And we are talking about senior citizens here, too who could really use that money. COUNCILMAN ORLANDO: Well, that is why, George, as Chris was saying today, why don't we just make it 2008, 2009? We don't think someone in 2008 was building, was hoping the Town Board would do something like this to use down the road, so. MR. SCHNEIDER: Great idea. COUNCILMAN ORLANDO: Inaudible. MR. SCHNEIDER: The other concern or question I had was something I just want to present to you, was the square footage. In the paper that I read it has from 450 (inaudible) square feet, if somebody has an existing accessory building already that may be a little larger than this, I am wondering if they would have to go for a variance also or if an exception or a consideration would be made on a case by case basis after the application is submitted? And the reason I say this is 750 feet, if you had, and it says in here, for families too, if you had a mother and a father and a child, you may want two bedrooms and the two bedroom apartment is not unheard of, if you want to put a laundry room in there, make it comfortable, you may want to consider going over 750 square feet. I think 850 is the limit where an engineer doesn't have to get involved? COUNCILMAN KRUPSKI: The reason we kept it small, one of them was affordability. And the smaller you keep the apartment then the more likely it is to be used by a family member or someone on the affordable housing registry. The bigger you make it, it becomes a second home. But that is a good point as far as size. I really doubt, because of all the input we get here tonight, that we are going to pass this tonight, we have gotten a lot of good input so far. I am sure there is more coming. So we are going to take this Amendments to Use Regulations 17 January 19, 2010 back to code committee and I am sure ask for some more input from the Housing Advisory Committee, too and incorporating a lot of these comments into the code. MR. SCHNEIDER: Well, I am just thinking that if you hold fast at 750 square feet, somebody has got a building already that would make a great resident or great apartment and it is 820 or 810, what happens then? COUNCILMAN KRUPSKI: Right. MR. SCHNEIDER: Are you going to go through the whole variance .... COUNCILMAN ORLANDO: That is a big apartment, though. 800 square feet. That is big. MR. SCHNEIDER: Well, if you want to put two bedrooms in it and a laundry. COUNCILMAN ORLANDO: Your sons are going to have to go to your house to do laundry. MR. SCHNEIDER: They may have to. Okay, thank you. COUNCILMAN KRUPSKI: Thank you, George. Anyone else? (No response) Make a motion we close the hearing? This hearing was closed at 8:22 PM Southold Town Clerk