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HomeMy WebLinkAboutChapter 144 AmendmentELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT O~'FICER FREEDOM OF ENrFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 F~x (631) 76~-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF TI~E TOWN CLERK TOWN OF SOUTHOLD October 13,2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on thc proposed Local Law listed below on October 25,201 h 7:32 PM - Local Law to amend the Southold Town Code Chapter 144~ Fire Prevention and building ~ode Administration~ and Chanter 280, Zoniag. Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments ce: Suffolk County Department of Planning Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department fTo~f Riverl)q~J ~ Please 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: / ~'/'~// PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK Southold Town Board - Letter Board Meeting of November 22, 2011 RESOLUTION 2011-736 WITHDRAWN Item # 5.3 DOC ID: 7198 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-736 WAS WITHDRAWN AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 22, 2011: TO BE WITHDRAWN WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27thth day of September, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration~ and Chapter 280, Zoning" reads as follows: LOCAL LAW NO. 13 of 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280, Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280, Zoning, and has determined that certain revisions are required to clarify the building permit application process and to add or revise certain definitions to the Zoning Code to clarify the distinction between demolition, alteration, enlargement and reconstruction. The Town Board has also determined to authorize the Zoning Board of Appeals to refer certain applications to an independent consultant upon the vote ora majority plus one of the Zoning Board of Appeals. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: Generated December 1,2011 Page 7 Southold Town Board - Letter Board Meeting of November 22, 2011 § 144-8. Building permit required; application for permit. C. Applications. (1) Every application for a building permit shall be made in writing, on a form provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the owner or an authorized agent of the owner and contain thc following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (a) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereofi (b) The section, block and lot numbers, if any, as they appear on the latest tax records. (c) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on th~' same lot. (d) A survey of the lot accurately depicting all currently existing and proposed structures. (d)(e_) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots as well as the calculation of existing and proposed lot coverage. (e)(_f) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate, and the necessary computations to establish conformity to the bulk and density regulations. (f)(g) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (g)(h_) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. (h)(i) A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. (i)O) Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. (k) In instances where a Notice of Disapproval has been issued by the Building Inspector and an application for a building permit is submitted Generated December 1,2011 Page 8 Southold Town Board - Letter Board Meeting of November 22, 2011 0)(13 after subsequent review and approval by the Town of Southold Board of Trustees, the Zoning Board of Appeals, and/or the Planning Board, the applicant shall also submit the approved plan stamped as "approved" by the respective Board and a copy of the Board's final determination. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth above. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be returned to the applicant to be kept at the work site. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, or as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for a building permit. The permit holder shall immediately notify the Building Inspector of any change occurring during the course of work. The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued. III. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. The following definitions have been added and/or revised: ALTERATION - ^ .... ~:~.4 +^ ~ ~..:~a: ..... +~.~, ......~. ................. 0 :~ +~. modification made in or on an existing building or structure that does not increase its exterior dimensions. DEMOLITION - Any removal of a structure or portion thereof, the replacement cost of which equals or exceeds 50% of the replacement cost new oftbe existing structure before the start of construction and qualifies as a Level 2 alteration under the New York State Building Code (which includes the reconfiguration of space, the addition or elimination of any door or window, the reconfiguration or extension of any system, or the installation of any additional equipment). ENLARGEMENT - As applied to an existing structure, any activity causing an increase in one or more exterior dimensions of the building or structure or any part thereof. RECONSTRUCTION - Following demolition, the replacement, in place and in kind, of a previously existing structure. ARTICLE XXIII Nonconforming Uses and Buildings Generated December 1,2011 Page 9 Southold Town Board - Letter Board Meeting of November 22, 2011 § 280-122. Nonconforming buildings with conforming uses. A. Nothing in this article shall be deemed to prevent the remodel~ alteration, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. § 280-123. Nonconforming buildings with nonconforming uses. A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use. (1) Nonresidential uses: (a) Nothing in this article shall be deemed to prever~t the remc~el~ng alteration, reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming nonresidential use or construction of an addition to existing buildings or additional building on the premises, so long as said increase in size of the buildings created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 15%, except that said increase shall not exceed the applicable maximum lot coverage. In addition, all other setback and area requirements shall apply. (b) Nothing in this article shall be deemed to prevent the r~mod~qi~ alteratiog, reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming use or construction of an addition to existing building(s) or additional building on the premises, so long as said increase in size of the building(s) created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 30%, except that said increase shall not exceed the applicable maximum lot coverage, and all other setback and area requirements shall apply, provided that the following site remediation measures, in full or in part, as shall be determined by the Planning Board within its sole discretion, are included as an essential element of the aforesaid expansion: [1] Substantial enhancement of the overall site landscaping and/or natural vegetation. [2] Employment of best visual practices by upgrades to existing building facades and/or design of new buildings and/or the additions to existing buildings which accurately or more accurately depict the historic and/or existing rural character of the immediate and nearby neighborhood(s). ARTICLE XXVI Board of Appeals Generated December 1,2011 Page 10 Southold Town Board - Letter Board Meeting of November 22, 2011 § 280-146. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: A. Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. B. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. C. Special exceptions, special permits and other approvals: Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. D. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any Town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zoning Map. E. Review by Independent Consultants: (1) Upon a majority plus one vote of the Board of Appeals' determination that referral to an independent consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Board of Appeals. Upon the determination that any application shall be subject to the Town's review aided by a consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. (2) Withdrawals from said escrow account may be made from time to time to reimburse the Board of Appeals for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to ¼ of its initial amount, the Board of Appeals shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to ½ of the initial deposit or to such sum as deemed necessary by the Board of Appeals. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the Board of Appeals may suspend its review of the application. (3) The consultant(s) will work under the direction of the Board of Appeals Chairperson. Copies of the consultant(s') qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultant(s') report prior to any decisions being made. Generated December 1,2011 Page 11 Southold Town Board - Letter Board Meeting of November 22, 2011 IV. 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. V. 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: WITHDRAWN [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Generated December 1, 2011 Page 12 SOUTHOLD TOWN BOARD PUBLIC HEARING October 25, 2011 7:32 PM 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 Matin Finnegan This hearing was opened at 7:53 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 27thth day of September, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning" now, therefore, be it 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 Southold Town Hall, th 53095 Main Road, Southold, New York, on the 25 day of October, 2011 at 7:32 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 Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280, Zoning, and has determined that certain revisions are Amendments to Chapters 144 & 280 Public Hearing October 25, 2011 required to clarify the building permit application process and to add or revise certain definitions to the Zoning Code to clarify the distinction between demolition, alteration, enlargement and reconstruction. The Town Board has also determined to authorize the Zoning Board of Appeals to refer certain applications to an independent consultant upon the vote of a majority plus one of the Zoning Board of Appeals. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: § 144-8. Building permit required; application for permit. Applications. (1) Every application for a building permit shall be made in writing, on a form provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the owner or an authorized agent of the owner and contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (a) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (b) The section, block and lot numbers, if any, as they appear on the latest tax records. (c) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (d) A survey of the lot accurately depicting all currently existing and proposed structures. (d)(_e) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots as well as the calculation of existing and proposed lot coverage. (e)(_f) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate, and the necessary computations to establish conformity to the bulk and density regulations. (f)(g) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (g)(h) An application for a building permit for construction on a vacant Amendments to Chapters 144 & 280 Public Heating October 25, 2011 (k) 0)(!) (k)(m) lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. In instances where a Notice of Disapproval has been issued by the Building Inspector and an application for a building permit is submitted after subsequent review and approval by the Town of Southold Board of Trustees, the Zoning Board of Appeals, and/or the Planning Board, the applicant shall also submit the approved plan stamped as "approved" by the respective Board and a copy of the Board's final determination. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth above. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be returned to the applicant to be kept at the work site. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, or as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for a building permit. The permit holder shall immediately notify the Building Inspector of any change occurring during the course of work. The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued. III. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. The following definitions have been added and/or revised: ALTERATION Amendments to Chapters 144 & 280 Public Hearing October 25, 2011 4 or modification made in or on an existing building or structure that does not increase its exterior dimensions. DEMOLITION - Any removal of a structure or portion thereof, the replacement cost of which equals or exceeds 50% of the replacement cost new of the existing structure before the start of construction and qualifies as a Level 2 alteration under the New York State Building Code (which includes the reconfiguration of space, the addition or elimination of any door or window, the reconfiguration or extension of any system, or the installation of any additional equipment). ENLARGEMENT - As applied to an existing structure, any activity causing an increase in one or more exterior dimensions of the building or structure or any part thereof. RECONSTRUCTION - Following demolition, the replacement, in place and in kind, of a previously existing structure. ARTICLE XXIII Nonconforming Uses and Buildings § 280-122. Nonconforming buildings with conforming uses. A. Nothing in this article shall be deemed to prevent the remodol-mg alteration, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. § 280-123. Nonconforming buildings with nonconforming uses. A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use. (1) Nonresidential uses: (a) Nothing in this article shall be deemed to prevent the remodegr~ alteration, reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming nonresidential use or construction of an addition to existing buildings or additional building on the premises, so long as said increase in size of the buildings created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 15%, except that said increase shall not exceed the applicable maximum lot coverage. In addition, all other setback and area requirements shall apply. (b) Nothing in this article shall be deemed to prevent the remodeling alteratiom reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming use or construction of an addition to existing building(s) or additional building on the premises, so long as said increase in size of the building(s) created by enlargement of the existing buildings or Amendments to Chapters 144 & 280 Public Hearing October 25, 2011 structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 30%, except that said increase shall not exceed the applicable maximum lot coverage, and all other setback and area requirements shall apply, provided that the following site remediation measures, in f~ll or in part, as shall be determined by the Planning Board within its sole discretion, are included as an essential element of the aforesaid expansion: [ 1 ] Substantial enhancement of the overall site landscaping and/or natural vegetation. [2] Employment of best visual practices by upgrades to existing building facades and/or design of new buildings and/or the additions to existing buildings which accurately or more accurately depict the historic and/or existing rural character of the immediate and nearby neighborhood(s). ARTICLE XXVI Board of Appeals § 280-146. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: A. Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. B. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. C. Special exceptions, special permits and other approvals: Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. D. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any Town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zoning Map. E. Review by Independent Consultants: (1) Upon a majority plus one vote of the Board of Appeals' determination that referral to an independent consultant(s) is deemed necessary, an escrow Amendments to Chapters 144 & 280 Public Heating October 25, 2011 (2) account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Board of Appeals. Upon the determination that any application shall be subject to the Town's review aided by a consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. Withdrawals from said escrow account may be made from time to time to reimburse the Board of Appeals for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to ¼ of its initial amount, the Board of Appeals shall notify the applicant; therea~er, the applicant shall deposit additional funds into such account so as to restore its balance to ½ of the (3) initial deposit or to such sum as deemed necessary by the Board of Appeals. If such account is not replenished within 30 days al~er the applicant is notified in writing of the requirement for such additional deposit, the Board of Appeals may suspend its review of the application. The consultant(s) will work under the direction of the Board of Appeals Chairperson. Copies of the consultant(s') qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultant(s') report prior to any decisions being made. IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a notice here that this was noticed in the Suffolk Times newspaper on October 13, 2011. I have a letter from the Suffolk County Department of Planning, "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 of local determination as there is no apparent significant county wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Signed, Sarah Lansdale, Director of Planning and Andrew Freleng, Chief Planner" I have a memo from Martin Sidor, Chairman of the Planning Board "Thank you for the opportunity to provide comments on the proposed amendments to the town code referenced above. The Planning Board has reviewed the proposed amendments and supports these changes." Amendments to Chapters 144 & 280 Public Hearing October 25, 2011 From Mark Terry, Principal Planner and LWRP coordinator, "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 (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." I also have notification that this appeared on the Town Clerk's bulletin board on October 13, 2011. That is all. SUPERVISOR RUSSELL: Would anybody like to comment on this particular local law? Eugene? EUGENE BURGER: Eugene Burger, Cutchogue. Scott, today you asked me ifI had any suggestions, I think that we need to spend a little more time on this and maybe bring in some of the local professionals, permit expeditors, architects, builders and get together with the code committee, you guys, Trustees because I think there are things that everybody doesn't understand and I just think that would be wise. Inaudible. COUNCILMAN KRUPSKI: What specifically with the code amendments do you think need more work? MR. BURGER: Well, the demolition code with the 50% value, I don't think that is going to be correct. I would like to see the bluffs on the bay addressed, I think we have some major issues with that, just a whole slew of things that we could get into. I don't think tonight and here is really, I think we should have other people, like I said permit expeditors, architects, people that deal with the town code on a daily basis, I think there are processes that go on that you guys don't even understand, that was obvious today. What happened today. I just think it is wise, to take our time with this, these things could backfire on us. SUPERVISOR RUSSELL: I am inclined to agree with you but just so you understand, this isn't a new proposal, this has been languishing in Town Hall for almost two years. We have had code committee meeting after code committee meeting on this discussion. This is not a new proposal. We have certainly made that effort, we have noticed everybody, we have certainly made that effort. I know we have had some of the local attorneys at one of the code committee meetings, so some of these ideas have been vetted. It is not new. If we need to sit back before taking action tonight and have another discussion particularly with the issue you raised with the Trustees today, although I am still not clear why the Trustees are determining what is a knock down and what is a renovation, that should be solely under the aegis of the Building Inspector but that is an issue we can discuss at the code committee meeting. MR. BURGER: I think I would like to have that opportunity, and I would like to try and bring more people on board with the. I just realized when it was posted in the paper that this was even happening, two weeks ago. COUNCILMAN KRUPSKI: Well, we wanted to bring it out to the public to get, for the Amendments to Chapters 144 & 280 Public Hearing 8 October 25, 2011 purpose of getting input. MR. BURGER: I understand. COUNCILMAN KRUPSKI: Because it is hard to, it is a complicated thing. MR. BURGER: I don't know why these professional people aren't here tonight. I would like the opportunity to kind of rally the troops and have a good round table work session about this, I just think it is to the benefit of everybody. SUPERVISOR RUSSELL: Let me just ask you this, do you think it would be better if we had, a lot of our code committee meetings are held in the afternoon but given the nature of the trade, do you think it would be better if we had a code committee meeting in the evening, to get the kind of input you are looking for? MR BURGER: Absolutely, I personally am going to make some phone calls to the people that have to deal with these issues everyday. SUPERVISOR RUSSELL: Just so you know, a lot of this just mirrors what FEMA requires. We didn't invent the wheel here. MR. BURGER: I understand. You know, Scott, I think there is definitely a lot of room for improvement because I think there is a lot that you aren't even aware and I think that needs to be covered a little bit. COUNCILMAN RULAND: May I ask you a question? You mentioned on two occasions that you would make some phone calls to some people, do you think they would respond and come to a code committee meeting and express their opinions? MR. BURGER: Yes, I do. Absolutely. You know, I am think'rog local architects, particularly permit expeditors, even some attorneys in the town. People that have constantly have to go in front of the Trustees and that kind of stuff. Like I said today, you know, it is a tough, tough process to go through a Trustee meeting. People come in, they have lawyem, real estate agents, two, three architects .... SUPERVISOR RUSSELL: I think we are making this a lot more complicated than it needs to be. What this code definition does, it simply complies with FEMA and state building code. If Trustees are out determining what is a knock down versus a renovation, well we need to question the process and why isn't the building inspector, the first application which it should be in any residential construction. But those again, I don't know how the rest of the Board feels, I don't mind holding back to explain this but I don't think fundamentally it is imperfect. I think it is straightforward definitions, this is the definition of what a knock down is versus what a renovation is. MR. BURGER: Well, I am particularly concerned about the demolition .... Amendments to Chapters 144 & 280 Public Hearing 9 October 25, 2011 COUNCILMAN TALBOT: The 50 percent? MR. BURGER: Yeah, because I just think and you even heard it from a Trustee today and it is just, when you put a definition into it and then that demolition is in their part of the code, that is how they are going to interpolate it and I just think it's .... SUPERVISOR RUSSELL: That is pretty much what we are going for, so that everybody is reading it the same way, that is why we are bringing clarity to the definition. COUNCILMAN KRUPSKI: I don't have a problem with having a night Code Committee meeting. COUNCILMAN RULAND: No, I don't either. COUNCILMAN KRUPSKI: Get everything straightened out, so we are all on the same page. SUPERVISOR RUSSELL: But I have got to tell you, bring people with not just a sense of what you don't like about this, bring a sense of, this is a real issue and it has to be addressed and we need to stop seeing the threading of the needle of renovations tuming into complete rebuild, so I think the Town Board is intent on defining this with clarity, so by all means, we can set this up for an evening Code Committee but bring constructive suggestions. COUNCILMAN KRUPSKI: And as far as the last part about hiring the consultants, years ago we changed that with the Trustee code and we asked the Trustee president Jill Doherty today how many times it has been used in six years and she said one time. So it is not like it is something that has been abused by town agencies. MR. BURGER: I would agree with that, my only suggestion was that you just put mom restrictions to what you write in them because it is a little vague. I mean, just because it hasn't been abused in the past doesn't mean it won't be abused going forward. If you get a certain mentality on the Board, it has the potential to be abused the way it is written. That was my only point about that. SUPERVISOR RUSSELL: Then FEMA has, it is modeled on FEMA, I mean, there is .... COUNCILMAN TALBOT: You are talking about the consultant? MR. BURGER: The consultant and the fees and the use for consultant. SUPERVISOR RUSSELL: Oh, you are talking about for the ZBA now. MR. BURGER: Right, that is what Albert brought up. Amendments to Chapters 144 & 280 Public Heating 10 October 25, 2011 COUNCILMAN KRUPSKI: Because I don't think, the ZBA has it, too. SUPERVISOR RUSSELL: You know, to be candid, we did have some concerns about that and we tried to allay those concems by requiring not just a majority but a majority plus one. If four out of five members feel that compelled that they need an independent consultant, particularly with the nature of the new applications, cell technology and all these things, we felt like the majority plus one covered that. We have to give them the discretion .... MR. BURGER: You are referring to cell towers and stuff like that? I am saying, what if someone starts using it for other purposes, you know? JUSTICE EVANS: You wouldn't probably get the majority plus one vote. MR. BURGER: You are probably right about that. SUPERVISOR RUSSELL: That is why, there are five members on that Board and what we would essentially require is four out of five saying yeah, this is a compelling enough reason to get an independent consultant to guide us, the applicants have that and they have the right to get scientific backing for any decision making they make. I am not sure that one is, I want to, in the night meeting but I will discuss the knock down demolition issue but I don't know how the rest of the Board feels, so. COUNCILMAN TALBOT: I have no problem. I would rather see these guys come in before we enact it. At least, a lot of times you don't, we are not going to adopt the whole thing or even parts of it, so I would rather have people come in and voice their opinion before adopting it and everyone comes in crying at~er. It is better to get it clarified beforehand. MR. BURGER: I would like to make sure it is real clear so we can work with the Trustees on it .... COUNCILMAN KRUPSKI: That is a procedure thing. That should be worked out very easily. COUNCILMAN TALBOT: It was very surprising to me today that demolition is determined in front of the Trustees, not in front of the building inspector, so that shouldn't be happening. SUPERVISOR RUSSELL: No, and that is something we need to correct, as an institution. JUSTICE EVANS: Regardless of who determines it, there should be a definition that they can follow... COUNCILMAN TALBOT: Yes, this is when clarified. Amendments to Chapters 144 & 280 Public Hearing 11 October 25, 2011 SUPERVISOR RUSSELL: One standard definition. JILL DOHERTY, PRESIDENT SOUTHOLD TOWN TRUSTEES: Jill Doherty, President of the Board of Trustees. In most cases, people come to the Trustees before they come to the Building Department. So, we are forced to review whether it is going to be demolished or not. And we really don't make a determination, we ask the applicant that question and they either say yes or no. and then if they say no, it is not a demolition, then we say okay, if you are in the middle of doing your renovations that we give you approval for and then you find that it has to become a demolition, you need to stop and come back to us and amend your permit. So we don't make a determination whether it is a demolition or not but we, but nobody else has because they have come to us first, so we rely on the applicant. If we have to change that procedure, we can work it out with the Town Board how we want to do that, if we have to send people to the Building Department first, then so be it. I think it is a procedural thing. SUPERVISOR RUSSELL: Really, if the building permit is required, I don't know why everything doesn't start with the building department. That is... MS. DOHERTY: If that is what the Town Board wants, to change the process then so be it but for now, it has always been this way, that you have gone to the Trustees first. COUNCILMAN KRUPSKI: It is the chicken or the egg. MS. DOHERTY: Yes. COUNCILMAN ORLANDO: It is time for change. I think they need to go to the Building Department for determination... MS. DOHERTY: It could be. COUNCILMAN TALBOT: But that is also where we have had problems, that is why. JUSTICE EVANS: Even if they came to you first, now you would have a definition on how to determine on whether it is a demolition or not as opposed to just the applicant telling you and then changing what they are doing midway .... MS. DOHERTY: But then who is, is it up to my staffto determine and interpret that definition? SUPERVISOR RUSSELL: Well, I think what we envision is it .... MS. DOHERTY: That is what I am worded about. SUPERVISOR RUSSELL: I think what we envision is it is up to the Building Depmh,ent, where it should be. Amendments to Chapters 144 & 280 Public Hearing 12 October 25,2011 COUNCILMAN ORLANDO: The Building Department should analyze it, look it over, the plan. Determine whether it is a reconstruction or demolition and what permits they need. Do they need to go to the Zoning Board plus the Trustees, then they write that up and hand it back to the applicant. And they follow a path. MS. DOHERTY: So the Trustees staff has to, when we get an application for construction, has to say you need to go to the Building Department first? COUNCILMAN ORLANDO: Direct them to... COUNCILMAN KRUPSKI: But you are always going to have conflicts with certain applications... MS. DOHERTY: Sure. COUNCILMAN ORLANDO: They can come in and ask questions but they should go to the Building Department. COUNCILMAN KRUPSKI: Plans change and then you are going to have to go back and forth sometimes, for some difficult ones but you are not going to find a perfect fit for every one. MS. DOHERTY: Yes, we have worked hard in trying to reduce the back and forth and as you know and we have coordinated much better with the Zoning Board and the Building Department in the past couple of years and I am just concerned this is a back step and it might be something that we have to put through and work with and then tweak later. I don't know. COUNCILMAN TALBOT: These guys, the ones that will be issuing the building permits, they are the ones that have the knowledge in reviewing what a permit looks like, what is entailed in a renovation, alteration, so if they look at a thing and know that it is going to be moving six different windows around or reframing existing ones to be a little bit bigger, they should be able to pick that stuffup, determine if it is greater than the 50 percent that we are going to be clarifying and then that would be it. MS. DOHERTY: It might be something as simple as that the Trustee application has to add another question, is this a demolition or a renovation as per and then we put the code number and then they answer that question and we rely on that because eventually it is going to get to the Building Department and then the Building Depadment double checks, like you were saying today, have a stamp on every code; then they know that that is all the same. COUNCILMAN TALBOT: To me, if we work it out that way and it is the fastest way, then that is fine. It is not like we are sending it to Peoria, you are walking 10 steps over to the Building Department. Amendments to Chapters 144 & 280 Public Hearing 13 October 25,2011 MS. DOHERTY: Right. Right. Well, ifa simple way is just adding another question to our application, it stops the ping pong, then that is fine. As long as in the end, the Building Department makes that determination. SUPERVISOR RUSSELL: They should at the beginning and at the end. MS. DOHERTY: Yes. SUPERVISOR RUSSELL: Everything should start and stop there. MS. DOHERTY: Okay. Thank you. MR. BURGER: Just one more thing about that, I think that the reason why we end up going to the Trustees first is that it helps move the process along faster and that is a big part of what, the process is already a very long process, just to get through the Trustees and then through the Building Department and the way things are going, a lot of the other government agencies are depending on Trustees first, like DEC won't even accept an application without a Trustee approval first, the Health Department wants DEC approvals, so it is all these different things. And when Martin suggested today, just go back to the ZBA, that, you are making the permit process well over a year period of time by doing that kind of stuff. So you are really want to try and streamline... SUPERVISOR RUSSELL: But we are trying to streamline the process by having clear language, so we all understand that at the front of the door, what is really a knock down and what is really a renovation. And anybody that gets delayed in that process is probably because they didn't represent it was a complete re-build. That is the delays of the past and I am aware of and I looked at every piece of property out here for 15 years as an Assessor and most of those delays were the result of someone who was doing a knock down but simply called it a renovation. This is to try to make the process faster and simpler, so we all have a clear understanding of what we are talking about at the beginning of the game. But again, let's have an evening meeting and we will discuss it, we will flesh it out. I don't mind that but something has to be done here. MR. BURGER: I agree with that. I agree. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address on this particular local law? COUNCILMAN KRUPSKI: Motion to close the hearing? Are you going to recess it? SUPERVISOR RUSSELL: I am not sure, there is a lot of selling to do before we are going to change what I think is a good law right now. TOWN ATTORNEY FINNEGAN: Do you want to adjourn it? Amendments to Chapters 144 & 280 Public Hearing 14 October 25,2011 JUSTICE EVANS: But if we make changes, we are going to have to re-hear it, right? SUPERVISOR RUSSELL: I would adjourn it. And then we will determine when we are done, what the product looks like, whether it has to be re-noticed or not. But let's adjourn it and have a discussion with Eugene and others and see what the product is. I would say let's adjourn this hearing. This hearing was adjourned at 8:11 PM. ville Southold Town Clerk 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.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Ms. Elizabeth A. Neville, Town Clerk NOV 2 From: Lynne Krauza S0uthold Town Clerk Secretary to the Town Attorney November 2,2011 LUTear Down - SEQRA Date: Subject: 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 Scott to sign same. If you have any questions, please do not hesitate to call me, Thank you for your attention. /Ik Enclosures 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only OFIlGINAL PART I - PROJECT INFORMATION (To be completed by A~)plicant or Project sponsor) 1. APPLICANT/SPONSOR /2. PROJECT NAME Town of Southold / Amendments to Chapter 144 3. PROJECT LOCATION: Munidpality Soothold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Town-wide 5. PROPOSEDACTION IS: [] New [] Expansion [] Modification/afleration 6. DESCRIBE PROJECT BRIEFLY: A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280, Zoning. 7. AMOUNT OF LAND AFFECTED: Initially HA, ac~es Ultimately NA acres 8. WILL PROPOSED ACTION COMPLY W1TH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~ Yes [a No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Describe: NA 10. DOES ACT ON NVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ~.J Yes [~J No If Yes, list agency(s) name and permit/apprevals: Yes, approval from New York 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 PERMIT/APPROVAL REQUIRE MODIFICATION? r-]Yes ~]No I CERTIFY THA~ THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLE D?0~20/2011 ApplicanlJsponsor name: ~.~'~_ ~c.~ .~.~ ~*~A,~F_.) c,L~l~ (;, (,/,~/ Date: Signature: ~ I If the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment OVER 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. r--~ Yes [~]No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1 Existing air quality, surfaco or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: None C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural mseurces; or community or neighborhood character? Explain bdetiy: None C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain bdefly: 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 bdefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irrevemibility; (e) geographic scope; and (f) magnitude. If necessaPj, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this Pox if you have identified one or mom poteotially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration. [] Checkthis box ifyou have determined, based on the information and analysis apove and any supporting documentation, that the proposed acflon WILl NOT result in any significant adverse environmental impacts AND provide, on attachments as necessa~'J, the masons support og th s determ nat on Town of Southold Name of Lead Agency Scott Russell ~/~ Print or Type N~l~of~Res~jble O.~co~Lead Agency Signa~e of Responsible Officer in Lead Agency 10/20/2011 Date Supervisor T~ of Responsible Officer ~ignature o Pr:~r' (,, different fl'7~ RESOLUTION 2011-735 ADOPTED DOC ID: 7190 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-735 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 25, 2011: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280, Zoning" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated October 20, 2011, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Southold Town Board - Letter Board Meeting of October 25, 2011 RESOLUTION 2011-735 ADOPTED Item # 5.32 DOC ID: 7190 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-735 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 25, 2011: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated October 20, 2011, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANTHOUS] HOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Generated October 31,2011 Page 46 v Southold Town Board - Letter Board Meeting of October 25,2011 RESOLUTION 2011-736 TABLED Item # 5.33 DOC ID: 7198 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-736 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 25, 2011: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27thth day of September, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning" reads as follows: LOCAL LAW NO. 13 of 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280, Zoning, and has determined that certain revisions are required to clarify the building permit application process and to add or revise certain definitions to the Zoning Code to clarify the distinction between demolition, alteration, enlargement and reconstruction. The Town Board has also determined to authorize the Zoning Board of Appeals to refer certain applications to an independent consultant upon the vote of a majority plus one of the Zoning Board of Appeals. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: § 144-8. Building permit required; application for permit. C. Applications. (1) Every application for a building permit shall be made in writing, on a form provided by or otherwise acceptable to the Building Inspector. The application Generated October 31, 2011 Page 47 Southold Town Board - Letter Board Meeting of October 25,2011 shall be signed by the owner or an authorized agent of the owner and contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (a) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (b) The section, block and lot numbers, if any, as they appear on the latest tax records. (c) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (.0.) A survey of the lot accurately depicting all currently existing and proposed structures. (d)(e) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots as well as the calculation of existing and proposed lot coverage. (e)(!) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate, and the necessary computations to establish conformity to the bulk and density regulations. (f)(g) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (g)(h_) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. (h)(i) A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. (i)O) Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. (~) In instances where a Notice of Disapproval has been issued by the Building Inspector and an application for a building permit is submitted after subsequent review and approval by the Town of Southold Board of Trustees, the Zoning Board of Appeals, and/or the Planning Board, the applicant shall also submit the approved plan stamped as "approved" by the respective Board and a copy of the Board's final determination. Generated October 31,2011 Page 48 Southold Town Board - Letter Board Meeting of October 25,2011 (g)(m) Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth above. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be returned to the applicant to be kept at the work site. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, or as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for a building permit. The permit holder shall immediately notify the Building Inspector of any change occurring during the course of work. The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued. IlL Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. The following definitions have been added and/or revised: modification made in or on ~ existing building or s~ct~e that does not increase its exterior dimensions. DEMOLITION - ~y removal of a s~ct~e or poRion thereo[ ~e replacement cost of which equ~s or exceeds 50% of~e replacement cost new of the existing structure before the st~ of cons~ction ~d qualifies as a Level 2 alteration under the New York State Building Code (which includes the reconfiguration of space, the addition or elimination of ~y door or Mndow, the reconfig~ation or extension of ~y system, or the installation of ~y additional equipment). ENLARGEMENT - As applied to ~ existing structure, ~y activiW causing ~ incre~e in one or more exterior dimensions of the building or s~uct~e or ~y p~ thereo[ ~CONSTRUCTION - Following demolition, ~e replacement, in place and in kind, of a previously existing s~ct~e. ARTICLE XXIII Nonconforming Uses and Buildings § 280-122. Nonconforming buildings with conforming uses. A. Nothing in this article shall be deemed to prevent the r-emoddgng alteration, reconstruction or enlargement of a nonconforming building containing a conforming use, Generated October 31, 2011 Page 49 Southold Town Board - Letter Board Meeting of October 25, 2011 provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. § 280-123. Nonconforming buildings with nonconforming uses. A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use. (1) Nonresidential uses: (a) Nothing in this article shall be deemed to prevent the r-emode~ing alteration, reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming nonresidential use or construction of an addition to existing buildings or additional building on the premises, so long as said increase in size of the buildings created by enlargement of the existing buildings or structures or by the construction ora new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 15%, except that said increase shall not exceed the applicable maximum lot coverage. In addition, all other setback and area requirements shall apply. (b) Nothing in this article shall be deemed to prevent the mmodet~ alteration, reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming use or construction of an addition to existing building(s) or additional building on the premises, so long as said increase in size of the building(s) created by enlargement of the existing buildings or structures or by the construction ora new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 30%, except that said increase shall not exceed the applicable maximum lot coverage, and all other setback and area requirements shall apply, provided that the following site remediation measures, in full or in part, as shall be determined by the Planning Board within its sole discretion, are included as an essential element of the aforesaid expansion: [1] Substantial enhancement of the overall site landscaping md/or natural vegetation. [2] Employment of best visual practices by upgrades to existing building facades and/or design of new buildings and/or the additions to existing buildings which accurately or more accurately depict the historic and/or existing rural character of the immediate and nearby neighborhood(s). ARTICLE XXVI Board of Appeals § 280-146. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: Generated October 31,2011 Page 50 Southold Town Board - Letter Board Meeting of October 25,2011 Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. Special exceptions, special permits and other approvals: Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any Town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zoning Map. Review by Independent Consultants: (1) Upon a maiority plus one vote of the Board of Appeals' determination that referral to an independent consultant(s) is deemed necessary, an escrow acconnt for the applicant shall be established with the Town Comptroller's Office. Said ¢2) escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Board of Appeals. Upon the determination that any application shall be subject to the Town's review aided by a consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. Withdrawals from said escrow account may be made fi.om time to time tn reimburse the Board of Appeals for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account (3) is reduced to ¼ of its initial amount, the Board of Appeals shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to ¼ of the initial deposit or to such sum as deemed necessary by the Board of Appeals. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the Board of Appeals may suspend its review of the application. The consultant(s) will work under the direction of the Board of Appeals Chairperson. Copies of the consultant(s') qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultant(s') report prior to any decisions being made. IV. 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 Generated October 31,2011 Page 51 Southold Town Board - Letter Board Meeting of October 25, 2011 as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V. 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: TABLED [UNANIMOUS] Next: 11/9/2011 7:00 Pt4 MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski .lr., Evans, Russell Generated October 31, 2011 Page 52 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.hulse@ town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD 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 M E M O R A N D U M R~CEIVED To: Ms. Sandi Berliner OCT 3 1 2011 From: Lynne Krauza Secretary to the Town Attorney $o~J~J Tc~ ClerJ October 31,2011 Ll_/Tear Down - SEQRA Date: Subject: I am enclosing an original Short Environmental Assessment Form in connection with the referenced matter. A copy of the resolution authorizing Scott to sign this document is also enclosed. 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 Enclosure cc: Ms. Elizabeth A. Neville, Town Clerk (w/encl.) / 617.20 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. APPLICANT/SPONSOR /2. PROJECT NAME Town of Southold / Amendments to Chapter 144 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc.1 or provide map) Town-wide 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280, Zoning. 7. AMOUNT O)~: LANDAFFECTED: Initially JN,~ acres Ultimately NA ac~es 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe brielty 9. WHAT ~S PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] ParfdForest/Open Space r"] Other Describe: NA 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: Yes, approval from New York 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 r~No I CERTIFY THAT THE INFORMATION PROVIDED ABJ3VE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorname: -'~c~J//. ~;)'T'A .~O°,-~"'~7Ot/t~ Date: 10/20/2011 Signature: I If the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment OVER 1 PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 if yes, coordinate the review process and use the FULL EAF. r']Yes ~]No B. WILL ACTION RECEIVE COORDINATED REVIEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaretion may be superseded by another involved agency. C. COULD ACTION RESULT IN ANy ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or qt~antity, noise levels, existing traffic paifem, solid waste production or disposal, potential for erosion, drainage or flooding p~oblems? Explain bdefly: None C2. Aesthetic, agricultural, archaeolegical, historic, or other natural or cultural resources; or community or neighborhood character? Explain bdefly: None C3. Vegetafibn or fauna, fish, shellfish or wildlifa species, significant habitats, or threatened or endangered species? Explain bdefiy: None C4. A community's existing plans or goals as officially adopted or a change in use or intensity of use of and or other natural resources? E~plain briefly: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefly: None C6. Long term, short term, cumulative, or other effects not identified in C1 -C57 Explain bdefly: None C7. Other impacts (including changes in use of e~ther quantity or type of energy)? Explain bdefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No if Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain bdefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibitity; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the detarmination of significance must evaluate the potantial impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or mom petenfially ladle or significant adverse impacts whicfl MAY occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration. [] Chec,~ this box if you have determined, based on the infarmation and analysis above and any supporting documentation, that the propceed action WI LI NOT resuif in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Town of Southold Name of Lead Agency Scott Russell Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency 10/20/2011 Date Supervisor / / T, Jt~ of Responsible Offiney RESOLUTION 2011-735 ADOPTED DOC ID: 7190 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-735 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 25, 2011: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated October 20, 2011, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell #10415 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott 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 13th day of October, 2011. Sworn to before me this ~" Principal Clerk day of . ~ ~ 2011. ssauFnq au!!uo Jno CHRISTINA SKi NOTARY PUBLIC-STATE OF NEW YORK NO. 01-V06105050 Qualified In Suffolk County My Commission Expires February 28, 2012 ,theTow~Board, of tl~'~rn ,~f Southold as follows: ~he~ o~ Board has renewed Chap- ~ ~t apportion pr~ and to add ~ To~ of Southold is hereby ~e~ ~ ~ ~ ~ ~ d~g pH~forpe~ ~'~ ~t such part. as shall be determ~ by the Plantiing Board within its sole cretion, are included aa an essential ment of the aforesaid Cxp0nston: [1] Substantial enhancement of overall site landscaping and/or nat vegetation. [2] Employment of best visual p SUMMARY OF PROPOSED AMENDMENTS TO CHAPTER 144 "FIRE THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S PUBLIC HEARING AMENDS CHAPTER 144 ENTITLED "FIRE PREVENTION AND BUILDING CODE" AND CHAPTER 280 ENTITLED "ZONING" OF THE TOWN CODE, THE INTENT OF WHICH IS TO CLARIFY THE BUILDING PERMIT APPLICATION PROCESS AND TO ADD CERTAIN DEFINITIONS TO THE ZONING CODE. MORE SPECIFICALLY, THE AMENDMENT TO CHAPTER 144-8 REQUIRES AN APPLICANT FOR A BUILDING PERMIT TO SUBMIT (1) A SURVEY ACCURATELY DEPICTING EXISTING AND PROPOSED STRUCTURES; (2) CALCULATION OF EXISTING AND PROPOSED LOT COVERAGE AND (3) WHEN APPLICABLE, REQUIRING A STAMPED APPROVAL FROM THE ZONING BOARD OF APPEALS OR PLANNING BOARD ON PLANS SUBMITTED FOR A BUILDING PERMIT. THE PROPOSED AMENDMENT TO CHAPTER 280-4 INCLUDES A REVISED DEFINITION FOR THE TERM "ALTERATION" AND NEW DEFINTITIONS FOR "DEMOLITION," "ENLARGEMENT" AND "RECONSTRUCTION" WHICH CLARIFES THE DISTINCTION BETWEEN THESE TERMS. FURTHER, THE AMENDMENTS TO CHAPTER 280-146 ADD A NEW PROVISION THAT AUTHORIZES THE ZONING BOARD OF APPEALS TO REFER APPLICATIONS TO INDEPENDENT CONSULTANTS TO ASSIST IN THEIR REVIEW OF COMPLICATED APPLICATIONS UPON A MAJORITY PLUS ONE VOTE OF THE ZONING BOAD OF APPEALS. ANY EXPENSE INCURRED BY THE ZONING BOARD OF APPEALS FOR AN INDEPENDENT CONSULTANT WILL BE PAID BY THE APPLICANT. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE. 38A I OCTOBER 13,~0~1 I SUFFOLKTIMES.COM I~AT~ NOTICE NOTICE OF PUBLIC HEARING NOT/CE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southol6. Suffolk Couniy, New york, on tbe-27thth day of Septem- ber. 2fill a Loc~r L/w entitled "A Load Zonim~" now, therefOre, be il NOTICE IS HEREBy FURTHER GIVEN that the Town Board of the Town of Southold wi0 hold a public hearing on'the aforesaid Local Law at Southold Town Hall. 53095 Ma/n Road. Soothnid. New York. on the 25th day of October. 2011a 7'~2 p.m. at which time ali interested ~er~oa~.yfill.be given an opportunity to be heard. The proposed Local Law entitled, Clmoter 144. l~e Prevention ~ml Bulld. (1~ Every application for a building mit, such change shah not be made until pormlt shall be made th writing,:on a and unless a new or amended building · form provided by or otherwise aCCept- permit reflecting such chaqgn is issued. able to the Building Imspectof. The ap- III. Chapter 280 of the Code of the ptication shnil b~ signed by the owner Town of Southold is hereby amended as or an authorized agent of Ibc owner and follows: contain the following information and § ~ Definitions. be accompanied by the requ/red fee. In '. The following definitions have been depict the historic and/or existing rural .character of the mamediate and nearby naighborhood(s). ARTICLE XXVI § 280-146. Powers and duties. In addition to such powers as may be' conferred upon it by law, the Board of addition, plans and specifications shall be filed with the bnikiing permit appli- cation to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with ap- plicable requirements of the Uniform Code and the Energy Code. The appli- cation shall include or be accompanied by the fo~lowlng information and docu- mentation: (a) The actual shape~ dimensions, ra- dii, angles and area of the lot on which the builcFmg is proposed to be erected, or of the lot on which it is simatod if an ex- isting building, except ia the case of the alterations o£ a building winch do not af- fect the exterior thereof. (b) The section, block and lot hum~ bers, if any, as they appear on the latest tax records. (c) The exact size and locations on the lot of the propo~d braiding or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (dj A survey of the lot accurately deinctine all c~llTentlv exinfine and The dimensions of all yards relation to the subject building and the distances between such building and any other existing hat,dings on the same lot andadjacemiots _ ,: I '_ of exisfina and nronosed lot cgWraOe (~LO The existing and intended use of ail buildings, existing or proposed, the use of lard and the number of dweUing units the building is designed to ac. com- modate, and the necessary computations to establish conformity to the bulk and density regulationr~ ~ Such topographic or other in- formation with regard to the building, the lot or neighboring lots as may be neoessary to determine that the pro- posed construction will conform to the provisions of this chapter.. (~ An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the er~tire lot prior to April 9.1957 fh-)~ A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Bailding Inspector. a survey may be re- quited, prepared by a licensed engmee~ or land surveyor. ~ Each application for a building permit for a new dweJlhig uint shall be accompanied by plans and specificatio~ bearing the signature and original seal of a licensed professional engineer oz architect (iii In instances where a Notice of Dis- aooroval has been is~sucd by the Bnildino insoecter and an a~plic~tlnn for a bnild- in~ ~ermit is submitted after subseou(~qT review and anoroval by the Town of Southald Board of Trustees. the ZOnin~o Board of Aoo~ak and/or the Plnnnine Board. the a~gcant shall also submit tile aooroved olan stamoed as "annroved" by the respective Board and a ~oov of the ~ Construction documents will not be accepted as part of an application for a building permit unioss they satisfy the requirements set forth above. Con- struction documents which are accepted' as par~ of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted consLruc- lion documents shall be returned to3he apphcant to be kept at the work site. However. the return of a set of accepted consumction documents to the applicant shaU not be construed as authorization to commence work. or as an indication that a building permit will be issued. Work shall not be commenced until and unless a building perrmt is issued· 0r)~ All work shall be performed in accordance with the construction docu- ments which were submitted with and accepted as part nf the application for a braiding permit. The permit holder shall immediately notify ~he BuiMing Inspec- tor of any change cceurrmg during the course of work. The building permit shall contain such a directive. If the Building Inspector determines that such cha~ge warrants a newor amended building l~r- added and/or revised: Appeals shall have the foUowing pow- ............ ~ ........ e ...... , quirement, decision or determination ........... byth BuildingIn peet ...... s ....... r~.., .......... ~ .... 1~ Variances:Where there a~ practical ............. ~.~ ....... a/lather. A almcaft~es or unnecessary hardships in RECONSTRUCTION - Followinp · ARTICLE xxm § 280-122. Noneonf'omain~ lmilffin~s which this chapter specifies the permit- ted use may be located. D. Interpretations: 6n appeal from an order, decision or determination of an administrative officer or on request of any Town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any con- dition or reqinrcment specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown onthe Zon- ing Map. E. Review bv Indeoeodent Consul- (11 Uoon a maioritv olus one vole of the Board of Anneals' determina- olica~on shall',be consideYed ~omolote DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE October l 1,2011 RECEIVED SARAH LANSDALE, AICP Diroctor of ~lannin~ Town of Southold PO Box l 179 Southold, New York 11935 Att: Ms. Elizabeth A. Neville, Clerk Dear Ms. Neville: Applicant: Zoning Action: Public Hearing Date.: Resolution No.: S.C.P.D. File No.: Town of Southold Amendment: Chapter 144 October 25,2011 #2011-668 SD- 11-LD 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. A decision of Local Determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Director of Chief Planner APF:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: From: Date: Re: Elizabeth A. Neville, Town Clerk Martin Sider, Chairman, Planning Board//~ ~' k( October 19, 2011 Resolution 2011-668. Proposed Amendment to Chapter 144 Fire Prevention and Building Code Administration and Chapter 280, Zoning. Thank you for the opportunity to provide comments on the proposed amendments to the Town Code referenced above. The Planning Board has reviewed the proposed amendments and supports these changes. cc: Scott Russell, Supervisor Members of the Town Board OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEIVED MEMORANDUM OCT 2 0 2011 To: Supervisor Scott Russell Town of Southold Town Board Southold Town Clerk From: Mark Terry, Principal Planner LWRP Coordinator Date: October 20, 2011 Re: A Local Law entitled A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280, Zoning. 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 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 27thth day of September, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration, and Chapter 280, Zoning" now, therefore, be it 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 Southold Town Hall, 53095 Main Road, Southold, New York, on the 25th day of October, 2011 at 7:32 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 Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280, Zoning" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280, Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280, Zoning, and has determined that certain revisions are required to clarify the building permit application process and to add or revise certain definitions to the Zoning Code to clarify the distinction between demolition, alteration, enlargement and reconstruction. The Town Board has also determined to authorize the Zoning Board of Appeals to refer certain applications to an independent consultant upon the vote of a majority plus one of the Zoning Board of Appeals. Il. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: § 144-8. Building permit required; application for permit. Applications. (1) Every application for a building permit shall be made in writing, on a form provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the owner or an authorized agent of the owner and contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (a) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (b) The section, block and lot numbers, if any, as they appear on the latest tax records. (c) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (_d) A survey of the lot accurately depicting all currently existing and proposed structures. (d)(~) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots as well as the calculation of existing and proposed lot coverage. (e)Cf) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate, and the necessary computations to establish conformity to the bulk and density regulations. (f)(g) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. ($)(h) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. (h)(i_)A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. (i)(.i) Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications beating the signature and original seal of a licensed professional engineer or architect. (k_) In instances where a Notice of Disapproval has been issued by the Building Inspector and an application for a building permit is submitted after subsequent review and approval by the Town of Southold Board of Trustees, the Zoning Board of Appeals, and/or the Planning Board, the applicant shall also submit the approved plan stumped as "approved" by the respective Board and a copy of the Board's final determination. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth above. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be returned to the applicant to be kept at the work site. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, or as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for a building permit. The permit holder shall immediately notify the Building Inspector of any change occurring during the course of work. The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or umended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued. III. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. The following definitions have been added and/or revised: ALTERATION - ^ .... ~:~'~ '~ ~ ~'";~; ..... *~'~* ......~' ................. * :~ *~'~ or modification made in or on an existing building or structure that does not increase its exterior dimensions. DEMOLITION - Any removal of a structure or portion thereof, the replacement cost of which equals or exceeds 50% of the replacement cost new of the existing structure before the start of construction and qualifies as a Level 2 alteration under the New York State Building Code (which includes the reconfiguration of space, the addition or elimination of any door or window, the reconfiguration or extension of any system, or the installation of any additional equipment). ENLARGEMENT - As applied to an existing structure, any activity causing an increase in one or more exterior dimensions of the building or structure or any part thereof. RECONSTRUCTION - Following demolition, the replacement, in place and in kind, of a previously existing structure. ARTICLE XXIII Nonconforming Uses and Buildings § 280-122. Nonconforming buildings with conforming uses. A. Nothing in this article shall be deemed to prevent the. .... ~...,,,~.,..~.~,'3~':-~ alteration, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. § 280-123. Nonconforming buildings with nonconforming uses. A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use. (1) Nonresidential uses: (a) Nothing in this article shall be deemed to prevent the remodetiag alteration, reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming nonresidential use or construction of an addition to existing buildings or additional building on the premises, so long as said increase in size of the buildings created by enlargement of the existing buildings or structures or by the construction ora new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 15%, except that said increase shall not exceed the applicable maximum lot coverage. In addition, all other setback and area requirements shall apply. Nothing in this article shall be deemed to prevent the r-emoah4gng alteration, reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming use or construction of an addition to existing building(s) or additional building on the premises, so long as said increase in size of the building(s) created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 30%, except that said increase shall not exceed the applicable maximum lot coverage, and al! other setback and area requirements shall apply, provided that the following site remediation measures, in full or in part, as shall be determined by the Planning Board within its sole discretion, are included as an essential element of the aforesaid expansion: [1] Substantial enhancement of the overall site landscaping and/or natural vegetation. [2] Employment of best visual practices by upgrades to existing building facades and/or design of new buildings and/or the additions to existing buildings which accurately (b) or more accurately depict the historic and/or existing rural character of the immediate and nearby neighborhood(s). ARTICLE XXVI Board of Appeals § 280-146. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: A. Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. B. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. C. Special exceptions, special permits and other approvals: Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. D. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any Town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zoning Map. E. Review by Independent Consultants: (1) Upon a majority plus one vote of the Board of Appeals' determination that referral to an independent consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Board of Appeals. Upon the determination that any application shall be subject to the Town's review aided by a consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. (2) Withdrawals from said escrow account may be made from time to time to reimburse the Board of Appeals for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to ¼ of its initial amount, the Board of Appeals shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to ½ of the (3) initial deposit or to such sum as deemed necessary by the Board of Appeals. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the Board of Appeals may suspend its review of the application. The consultant(s) will work under the direction of the Board of Appeals Chairperson. Copies of the consultant(s') qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultant&) report prior to any decisions being made. IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: September 27, 2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON October 13~ 2011, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO El .IZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times TC's Bulletin Board ZBA Town Board Members Accounting Dept. Planning Board Town Attorney Building Department Web site STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the /,3 day of OC.F~ ,2011, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: Chpt144 & 280 10/25/11 - d~lizabeth A. Neville Southold Town Clerk o~w~om before meghis ~ day of ~o/~,Or, 2011. Notary Public 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 September 30, 2011 Re: Resolution Number 2011-668 "A Local Law in Relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration and Chapter 280, Zoning" in the Town of Southold. Andrew P. Freleng, Chief Planner Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freleng: The Southold Town Board at their regular meeting held on September 27, 2011 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Southold Town Planning 8oard for their review. The date and time for this public hearing is 7:32 P.M., Tuesday, October 25, 2011. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Southold lown Clerk Enclosure 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.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 30, 2011 Re: Resolution Number 2011-668 "A Local Law in Relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration and Chapter 280, Zoning" in the Town of Southold. Martin Sidor, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr. Sidor: The Southold Town Board at their regular meeting held on September 27, 2011 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Suffolk County Department of Planning for their review. The date and time for this public hearing is 7:32 P.M., Tuesday, October 25, 2011. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, $outhold lown Clerk Enclosure cc: Town Board Town Attorney RESOLUTION {RESNUM} ADOPTED DOC ID: 7141 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-668 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 27, 2011: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of September, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration~ and Chapter 280~ Zonine. 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 25Ch day of October, 2011 at 7:32 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 Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280, Zoning, and has determined that certain revisions are required to clarify the building permit application process and to add or revise certain definitions to the Zoning Code to clarify the distinction between demolition, alteration, enlargement and reconstruction. The Town Board has also determined to authorize the Zoning Board of Appeals to refer certain applications to an independent consultant upon the vote of a majority plus one of the Zoning Board of Appeals. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: § 144-8. Building permit required; application for permit. Applications. (1) Every application for a building permit shall be made in writing, on a form provided by or otherwise acceptable to the Building Inspector. The application Resolution 2011-668 Board Meeting of September 27,2011 shall be signed by the owner or an authorized agent of the owner and contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (a) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (b) The section, block and lot numbers, if any, as they appear on the latest tax records. (c) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (d) A survey of the lot accurately depicting all currently existing and proposed structures. (d)~) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots as well as the calculation of existing and proposed lot coverage. (e)(_f) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate, and the necessary computations to establish conformity to the bulk and density regulations. (f)(g) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (~)(h) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. (h)(i) A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. (i)0) Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. (k) In instances where a Notice of Disapproval has been issued by the Building Inspector and an application for a building permit is submitted after subsequent review and approval by the Town of Southold Board of Trustees, the Zoning Board of Appeals, and/or the Planning Board, the applicant shall also submit the approved plan stamped as "approved" by the respective Board and a copy of the Board's final determination. (j)(!) Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth above. Construction documents which are accepted as part of the application for a Updated: 9/27/2011 2:11 PM by Lynda Rudder Page 2 Resolution 2011-668 Board Meeting of September 27, 2011 building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be returned to the applicant to be kept at the work site. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, or as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for a building permit. The permit holder shall immediately notify the Building Inspector of any change occurring during the course of work. The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued. IlL Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. The following definitions have been added and/or revised: ;~ ;~ ~;~h+ ~ +~ ..... ;-~ c ...... 1~+; ....... 1+1~ * .... *~- m change or modification made in or on an existing building or structure that does not increase its exterior dimensions. DEMOLITION - Any removal of a structure or portion thereof, the replacement cost of which equals or exceeds 50% of the replacement cost new of the existing structure before the start of construction and qualifies as a Level 2 alteration under the New York State Building Code (which includes the reconfiguration of space, the addition or elimination of any door or window, the reconfiguration or extension of any system, or the installation of any additional equipment). ENLARGEMENT - As applied to an existing structure, any activity causing an increase in one or more exterior dimensions of the building or structure or any part thereof. RECONSTRUCTION - Following demolition, the replacement, in place and in kind, of a previously existing structure. ARTICLE XXIII Nonconforming Uses and Buildings § 280-122. Nonconforming buildings with conforming uses. A. Nothing in this article shall be deemed to prevent the remode~ alteration, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. § 280-123. Nonconforming buildings with nonconforming uses. A. A nonconforming building containing a nonconforming use shall not be enlarged, Updated: 9/27/2011 2:11 PM by Lynda Rudder Page 3 Resolution 2011-668 Board Meeting of September 27, 2011 reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use. (1) Nonresidential uses: (a) Nothing in this article shall be deemed to prevent the r~ alteration, reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming nonresidential use or construction of an addition to existing buildings or additional building on the premises, so long as said increase in size of the buildings created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 15%, except that said increase shall not exceed the applicable maximum lot coverage. In addition, all other setback and area requirements shall apply. (b) Nothing in this article shall be deemed to prevent the remod~ alteration, reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming use or construction of an addition to existing building(s) or additional building on the premises, so long as said increase in size of the building(s) created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 30%, except that said increase shall not exceed the applicable maximum lot coverage, and all other setback and area requirements shall apply, provided that the following site remediation measures, in full or in part, as shall be determined by the Planning Board within its sole discretion, are included as an essential element of the aforesaid expansion: [1] Substantial enhancement of the overall site landscaping and/or natural vegetation. [2] Employment of best visual practices by upgrades to existing building facades and/or design of new buildings and/or the additions to existing buildings which accurately or more accurately depict the historic and/or existing rural character of the immediate and nearby neighborhood(s). ARTICLE XXVI Board of Appeals § 280-146. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: A. Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. B. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. C. Special exceptions, special permits and other approvals: Whenever a use or the location Updated: 9/27/2011 2:11 PM by Lynda Rudder Page 4 Resolution 2011-668 Board Meeting of September 27, 2011 thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any Town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zoning Map. Review by Independent Consultants: (1) Upon a majority plus one vote of the Board of Appeals' determination that referral to an independent consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Board of Appeals. Upon the determination that any application shall be subject to the Town's review aided by a consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. (2) Withdrawals from said escrow account may be made from time to time to (3) reimburse the Board of Appeals for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to 'A of its initial amount, the Board of Appeals shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to ½ of the initial deposit or to such sum as deemed necessary by the Board of Appeals. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the Board of Appeals may suspend its review of the application. The consultant(s) will work under the direction of the Board of Appeals Chairperson. Copies of the consultant(s') qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultant(s') report prior to any decisions being made. IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Updated: 9/27/2011 2:11 PM by Lynda Rudder Page 5 Resolution 2011-668 Board Meeting of September 27, 2011 Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Kmpski Jr., Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Kmpski Jr., Evans, Russell ABSENT: Christopher Talbot Updated: 9/27/2011 2:11 PM by Lynda Rudder Page 6 RESOLUTION {RESNUM} ADOPTED DOC ID: 7142 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-669 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 27, 2011: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning" 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: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Evans, Russell ABSENT: Christopher Talbot 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 27thth day of September, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning" now, therefore, be it 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 Southold Town Hall, 53095 Main Road, Southold, New York, on the 25th day of October, 2011 at 7:32 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 Chapter 144, Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280, Zoning, and has determined that certain revisions are required to clarify the building permit application process and to add or revise certain definitions to the Zoning Code to clarify the distinction between demolition, alteration, enlargement and reconstruction. The Town Board has also determined to authorize the Zoning Board of Appeals to refer certain applications to an independent consultant upon the vote of a majority plus one of the Zoning Board of Appeals. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: § 144-8. Building permit required; application for permit. Applications. (1) Every application for a building permit shall be made in writing, on a form provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the owner or an authorized agent of the owner and contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (a) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (b) The section, block and lot numbers, if any, as they appear on the latest tax records. (c) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (d) A survey of the lot accurately depicting all currently existing and proposed structures. (d)(_e) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots as well as the calculation of existing and proposed lot coverage. (e)(_f) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate, and the necessary computations to establish conformity to the bulk and density regulations. (f)(g) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (~)(h) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. (h)(i) A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. (i)(D Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. (k) In instances where a Notice of Disapproval has been issued by the Building Inspector and an application for a building permit is submitted after subsequent review and approval by the Town of Southold Board of Trustees, the Zoning Board of Appeals, and/or the Planning Board, the applicant shall also submit the approved plan stamped as "approved" by the respective Board and a copy of the Board's final determination. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth above. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be returned to the applicant to be kept at the work site. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, or as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for a building permit. The permit holder shall immediately notify the Building Inspector of any change occurring during the course of work. The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued. III. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. The following definitions have been added and/or revised: ~ ........... e, ....... r=--,, .............. ~ ..................... v .................... A change or modification made in or on an existing building or structure that does not increase its exterior dimensions. DEMOLITION - Any removal of a structure or portion thereof, the replacement cost of which equals or exceeds 50% of the replacement cost new of the existing structure before the start of construction and qualifies as a Level 2 alteration under the New York State Building Code (which includes the reconfiguration of space, the addition or elimination of any door or window, the reconfiguration or extension of any system, or the installation of any additional equipment). ENLARGEMENT - As applied to an existing structure, any activity causing an increase in one or more exterior dimensions of the building or structure or any part thereof. RECONSTRUCTION - Following demolition, the replacement, in place and in kind, of a previously existing structure. ARTICLE XXIII Nonconforming Uses and Buildings § 280-122. Nonconforming buildings with conforming uses. A. Nothing in this article shall be deemed to prevent the rcm~c!~ng alteration, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. § 280-123. Nonconforming buildings with nonconforming uses. A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use. (1) Nonresidential uses: (a) Nothing in this article shall be deemed to prevent the ~ alteration, reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming nonresidential use or construction of an addition to existing buildings or additional building on the premises, so long as said increase in size of the buildings created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 15%, except that said increase shall not exceed the applicable maximum lot coverage. In addition, all other setback and area requirements shall apply. (b) Nothing in this article shall be deemed to prevent the remode4i~g alteration, reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming use or construction of an addition to existing building(s) or additional building on the premises, so long as said increase in size of the building(s) created by enlargement of the existing buildings or structures or by the construction ora new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 30%, except that said increase shall not exceed the applicable maximum lot coverage, and all other setback and area requirements shall apply, provided that the following site remediation measures, in full or in part, as shall be determined by the Planning Board within its sole discretion, are included as an essential element of the aforesaid expansion: [1] Substantial enhancement of the overall site landscaping and/or natural vegetation. [2] Employment of best visual practices by upgrades to existing building facades and/or design of new buildings and/or the additions to existing buildings which accurately or more accurately depict the historic and/or existing rural character of the immediate and nearby neighborhood(s). ARTICLE XXVI Board of Appeals § 280-146. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: A. Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. B. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. C. Special exceptions, special permits and other approvals: Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. D. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any Town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zoning Map. E. Review by Independent Consultants: (1) Upon a majority plus one vote of the Board of Appeals' determination tha~ referral to an independent consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Board of Appeals. Upon the determination that any application shall be subject to the Town's review aided by a consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. (2) Withdrawals from said escrow account may be made from time to time to reimburse the Board of Appeals for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to ~A of its initial amount, the Board of Appeals shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to ½ of the (3) initial deposit or to such sum as deemed necessary by the Board of Appeals. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the Board of Appeals may suspend its review of the application. The consultant(s) will work under the direction of the Board of Appeals Chairperson. Copies of the consultant(s') qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultant(s') report prior to any decisions being made. IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: September 27, 2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON October 13, 2011, 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 ZBA Town Board Members Accounting Dept. Planning Board Town Attorney Building Department Web site RESOLUTION 2011-669 ADOPTED DOC ID: 7142 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-669 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 27, 2011: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning" 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: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Evans, Russell ABSENT: Christopher Talbot RESOLUTION {RESNUM} ADOPTED DOC ID: 7141 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-668 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 27, 2011: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of September, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoninm 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 25th day of October, 2011 at 7:32 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 Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280, Zoning, and has determined that certain revisions are required to clarify the building permit application process and to add or revise certain definitions to the Zoning Code to clarify the distinction between demolition, alteration, enlargement and reconstruction. The Town Board has also determined to authorize the Zoning Board of Appeals to refer certain applications to an independent consultant upon the vote of a majority plus one of the Zoning Board of Appeals. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: § 144-8. Building permit required; application for permit. Applications. (1) Every application for a building permit shall be made in writing, on a form provided by or otherwise acceptable to the Building Inspector. The application Resolution 2011-668 Board Meeting of September 27, 2011 shall be signed by the owner or an authorized agent of the owner and contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (a) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (b) The section, block and lot numbers, if any, as they appear on the latest tax records. (c) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (d) A survey of the lot accurately depicting all currently existing and proposed structures. (d)(e) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots as well as the calculation of existing and proposed lot coverage. (e)(_f) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate, and the necessary computations to establish conformity to the bulk and density regulations. (f)(g) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (~)(h) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. (h)(i)A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. (i)(.i) Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. (k) In instances where a Notice of Disapproval has been issued by the Building Inspector and an application for a building permit is submitted after subsequent review and approval by the Town of Southold Board of Trustees, the Zoning Board of Appeals, and/or the Planning Board, the applicant shall also submit the approved plan stamped as "approved" by the respective Board and a copy of the Board's final determination. 0)(1) Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth above. Construction documents which are accepted as part of the application for a Updated: 9/27/2011 2:11 PM by Lynda Rudder Page 2 Resolution 2011-668 Board Meeting of September 27, 2011 building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be returned to the applicant to be kept at the work site. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, or as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for a building permit. The permit holder shall immediately notify the Building Inspector of any change occurring during the course of work. The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued. IlL Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. The following definitions have been added and/or revised: ........... ~ ....... e,,-,, .............. ~ .....................v ...................A change or modification made in or on an existing building or structure that does not increase its exterior dimensions. DEMOLITION - Any removal of a structure or portion thereof, the replacement cost of which equals or exceeds 50% of the replacement cost new of the existing structure before the start of construction and qualifies as a Level 2 alteration under the New York State Building Code (which includes the reconfiguration of space, the addition or elimination of any door or window, the reconfiguration or extension of any system, or the installation of any additional equipment). ENLARGEMENT - As applied to an existing structure, any activity causing an increase in one or more exterior dimensions of the building or structure or any part thereof. RECONSTRUCTION - Following demolition, the replacement, in place and in kind, ora previously existing structure. ARTICLE XXIII Nonconforming Uses and Buildings § 280-122. Nonconforming buildings with conforming uses. A. Nothing in this article shall be deemed to prevent the,,,...v,,~,,,e~:-~ alteration, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. § 280-123. Nonconforming buildings with nonconforming uses. A. A nonconforming building containing a nonconforming use shall not be enlarged, Updated: 9/27/2011 2:11 PM by Lynda Rudder Page 3 Resolution 2011-668 Board Meeting of September 27, 2011 reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use. (1) Nonresidential uses: (a) Nothing in this article shall be deemed to prevent the ~ alteration, reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming nonresidential use or construction of an addition to existing buildings or additional building on the premises, so long as said increase in size of the buildings created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 15%, except that said increase shall not exceed the applicable maximum lot coverage. In addition, all other setback and area requirements shall apply. (b) Nothing in this article shall be deemed to prevent the remo&4i~g alteration, reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming use or construction of an addition to existing building(s) or additional building on the premises, so long as said increase in size of the building(s) created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 30%, except that said increase shall not exceed the applicable maximum lot coverage, and all other setback and area requirements shall apply, provided that the following site remediation measures, in full or in part, as shall be determined by the Planning Board within its sole discretion, are included as an essential element of the aforesaid expansion: [1] Substantial enhancement of the overall site landscaping and/or natural vegetation. [2] Employment of best visual practices by upgrades to existing building facades and/or design of new buildings and/or the additions to existing buildings which accurately or more accurately depict the historic and/or existing rural character of the immediate and nearby neighborhood(s). ARTICLE XXVI Board of Appeals § 280-146. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: A. Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. B. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. C. Special exceptions, special permits and other approvals: Whenever a use or the location Updated: 9/27/2011 2:11 PM by Lynda Rudder Page 4 Resolution 2011-668 Board Meeting of September 27, 2011 thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any Town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zoning Map. Review by Independent Consultants: (1) Upon a majority plus one vote of the Board of Appeals' determination that referral to an independent consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Board of Appeals. Upon the determination that any application shall be subiect to the Town's review aided by a consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. (2) Withdrawals from said escrow account may be made from time to time to (3) reimburse the Board of Appeals for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to ¼ of its initial amount, the Board of Appeals shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to ½ of the initial deposit or to such sum as deemed necessary by the Board of Appeals. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the Board of Appeals may suspend its review of the application. The consultant(s) will work under the direction of the Board of Appeal~ Chairperson. Copies of the consultant(s') qualifications, findings and repons will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultant(s') report prior to any decisions being made. IV. 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 pan thereof other than the part so decided to be unconstitutional or invalid. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Updated: 9/27/2011 2:11 PM by Lynda Rudder Page 5 Resolution 2011-668 Board Meeting of September 27, 2011 Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Kmpski Jr., Evans, Russell ABSENT: Christopher Talbot Updated: 9/27/2011 2:11 PM by Lynda Rudder Page 6