HomeMy WebLinkAbout1000-70.-5-33, 34, 35
Dear Property Owner,
In response to your inquiry about your lot which is undersized
and wxcant, this is to let you know that the Town Departments have
been instructed to provide a copy of the new law pertaining to
nonco~fforming, undersized lots.
When a lot owner is ready to make written application for a
merger determination, the following procedure should be followed:
I. Property owner: fills out an application for a building
permit (obtained from the Building Department) a copy of the
current form is attached for your use; (a simpler form may be added
in tbe future); and
2. Property owner: brings all of the items listed (or circled)
on the attached copy to the building department together with a copy
of your property card from the Assessors Office, and a $25.00 check
payable to the $outhold Town Building Department.
3. If an appointment is necessary, please leave your request
and telephone numbers with the above documents and someone from
the Building Department would arrange an appointment with you
(after the reviewing officer has reviewed all documents).
If no appointment is necessary, a written determination will be
issued by the Building Department indicating whether or not other
steps will be necessary through other agencies or departments of the
town.
Building Department Tel. #765-1802
Planniog Board 765-1938
Appeals Board 765-1809
NOV 2 9
NEW 'fORK STATE DEP;~RTMENT OF STAT
I62 WASHINGTON AVENUE. ALBANY, NY 122~
(Use this rorm to file a local law with the Secremcy of State.)
Text oflawshouid be given as amended. Do nol include matter being eliminated and do not use
italics or underlining to indicate new manor.
Town
Local Law No ........ aL1 .......................... o£ the year 19--9--5--
Town
Board
BeJtenncted by the ofthe
oC__.S_o..u..t__h_o.j.d. ......................................................................... roUo,,s:
Town
Chapter 100 (Zoning) of the Code of the Town of Southeid is hereby amended
as fotlows:
1. Section 100-24 (Lot Creation) is hereby adopted to read as follows:
A lot created by deed or Town approval shall be recognized by the
Town if any one of the following standards apply and if the lots have
Rot merged:
The identical lot ,,vas created by deed recorded in the Suffolk
County Clerk's Office on or before June 30, 1983 and the lot
conformed to the minimum lot requirement(s) set forth in Bulk
Schedule AA as of the date of Iot creation.
The lot(s)in question is/are approved by the Southold Town
Planning Board.
) The tot(s) in question is/are shown on a subdivision map approved
· by the Southold Town Board prior to June 30, 1983.
The lot(s) in question is/are approved and/or recognized by formal
action of the Board of Apoeats prior to June 30, 1983:
additional spnce l$ needed, attach pnge:'.:s die sam,- size as this she,.t, and number each.)
'd'i 29
All lots which are not recognized by the Town pursuant to the above
section shall not receive any building permits or other development
entitlements.
C. All lots are subject ~o the merger provisions of Sec. 100-25.
2. Section 100-25 (Merger) is hereby adopted to read as follows:
Ao
Merger. A nonconforming lot shall merge with an adjacent conforming
· or nonconforming lot which has been held in common ownership with
· the first tot at any time after July 1, 1983. An adjacent lot is one which
abuts with the parcel for a common course of 50 feet or more in dis-
lance. Nonconforming lots shall merge until lhe total lot size conforms
to the current bulk schedule requirements.
Definitions. Common ownership shall mean [hat the parcel is held by
the same person in Ihe same percentage of ownership as an adjoining
parcel.
Exceptions. LoTs which are recognized under Sec. 100-24 and meet
any of the following categories shall be exempt from ~he merger
provision set forth above and shall not be deemed merged by
operation of ibis law:
1 ) The nonconforming lot has a minimum s~ze of 40,000 square feet,
or
2) The nonconforming lot obtained a lot size variance from the
Zoning Board, or
3)
If the lot is not on ihe maps described in former Section 100-12,
the nonconforming lot has been held in single and separ.ate
ownership from July 1,1983 (o date, or
4)
If the iot is on [he maps described in former Section 100-12, [he
nonconforming Io[ has been held in single and separate ownership
from January 1, 1997 to date.
Proof of IVlerger. The Town may require a person seeking determin-
ation of merger Io provide any or all of the following documents for
evaluation:
Proof of the date when the lot was created and [he size o( [he
Iogether with a copy of a legal description of the parcel, all Io
satisfaction of the Town;
-2-
~A copy of ~he current tax map and survey of the Icl;
~)A copy of the original survey o~' the Icl;
29
4) A Iitle search showing single and separate ownership of the prop-
erty from July 1, 1983 to the present Iime, prepared by a Suffolk
County lille insurance company Indemnifying [he Town of
~'~'._~ Other additional information or documentation as may be deemed
NeCessary. ~
E. Effect of Merger. No building permit or other development entitlement
will be issued by Ihe Town until this section l~as been complied with.
The Building Department will issue a written determination wnelher a
property falls within an exemption ~o ~he merger provision.
Section 100-26 (Waiver of IVlerger) is hereby adopted to read as follows:
A. If a lot has merged, Ihe Zoning Board of Appeals may waive the
merger and recognize original lot lines upon public hearing and upon
finding Ihat:
1)the waiver,,viti not result in a significant ~ncrease in the density of
the neighborhood;
2) the waiver would recognize a lot that is consistent with lhe size of
lots in that neighborhood;
3) the waiver will avoid economic hardship;
4)
Section
read as
lhe natural details and ct~aracter of the and character of the
contours and slopes of the tot will not be significantly c~anged or
altered in any manner, and there will not be a substantial filling of
land affecting nearby environmental or flood areas.
100-244 (SetbacXs for Nonconforming Lots) is hereby amended to
follows:
This subsection ~s intended to provide minimum standards for granting
o~ a building permit for It~e principal buildings of lots which are
recognized by the Town under 100-24, are nonconforming and have
nol merged pursuant to 100-25.
120.000 to
lgg,999
100,000 to
119,999
80,000
99,999
40,000 tO
7g.ggg
20,000 to
39.ggg
Such lot shall be required to meet the following:
Y'ard
Lot Front Side Soth Sides Rear
Coverage (ft.) (ft.) (feet) (feet)
tO% 75 30 60 85
10% 75 30 80 85
15% 80 30 80 85
20% 60 20 45 75
20% 40 15 35 50
Less than
20,000
20% 35 15 25 35
5. Section 100-244 C is hereby deleted in its entirety.
6. Section 100-12 (Exceptions) is hereby deleted in its entirety, as of .January
1, 1996.
Section 100~32 (Bulk, area and parking regulations) is hereby deleted in its
entirety.
Se~;tion 100-281 A (7) (Building permits) is hereby deleted in its entirety.
Bulk Schedule AA is hereby added to read as follows:
A. Prior to April 9, 1957
S. Between April 9. 1957 and
Oecember 1:1971
C. Between December 2. 1971
and June 30. 1983
II.
Sulk Schedule AA
Lot Size Width Depth
any any any
20,000 100 150
40,OOO ~35 175
This Local Law shall take effect upon filing with lhe Secretaw of State.
TOWN OF
SOUTHOLD ~I~OPERTY
RECORD
CARD
OWNER
FORMER OWNER
LAND
(ES.
SEAS. 6/~'~
IMP.
/~o
AGE
NEW
Farm
NORMAL
Acre
VL.
r STRE
IN
TOTAL
FARM
DATE
VILLAGE DISTRICT SUB. LOT
BUILDING CONDITION
B E LOW
Value Per Acre
ABOVE
Value
illable 1
i illable 2
I illoble 3
Noodland
;wampland
~rushlond
' u Plat
:. oral
/$¥, ~,,v
? ....... Bas_ement ' "*~/ Floors
Extension Ext. Walls ~ ls}~tv~ Interior Finish
Extension Fire Place ~ t ~ Heo,t
Porch Atlic
Porch ROoms 1St Floor
Breezewoy Potio Rooms 2nd Floor
Goro~e Drlvew~y
O.B.
TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER STREET /.~ ~ VILLAGE DISTRICT SUB. LOT
k~Zt~l.,.R OWN ER,
~ES.~/0 s~S.
~ND IMP.
AGE
NEW NORMAL
Farm Acre
Tillable 1
Tillable 2
Tillable 3
Woodland
Swampland
Brushland
House Plot
Total
N J~ /'~ ..~ '/ E ~ ~')-~ ~ ~ ACREAGE
TOTAL DATE REMARKS
BUILDING CONDITIOh
BELOW
Value Per Acre
ABOVE
Value
k
Extension 5~_~._:- ~R~LtJJ Fire Place
~ f']~ 1' Porch ~i Rooms 1st Floor
Breezeway P~io Rooms 2nd Floor
Garage ~ 6~~ ...... ~:Zo __~. Driveway.
O.B.
TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER
STREET
VILLAGE
DISTRICT SUB. LOT
FORMER OWNER
RES. SEAS.
LAND IMP.
VL. ~,/~
TOTAL
FARM
DATE
AGE
NEW NORMAL
Farm Acre
Tillable 1
Tillable 2
Tillable 3
Woodland
Swampland
Brushland
House Plot
BUILDING CONDITION
BELOW
Value Per Acre
ABOVE
Value
Total
TOWN OF SOUTHOLD PROPERTY RECORD CARD
i
OWNER
VILLAGE
DISTRICT SUB.
ACREAGE
TYPE OF BUILDING
LOT
RES.
s~s..Z,L,¢
IMP.
VL.
TOTAL
LAND
.2~ d iio 0 ¢,
AGE
NEW NORMAL
Farm Acre
Tillable 1
Tillable 2
Tillable 3
Woodland
Swampland
Brushland
House Plot
Total
FARM
DATE
COMM. IIND. JCB.
REMARKS /~,,'ef,- i ,~.,~
Est. Mkt. Value
BUILDING CONDITION
BELOW ABOVE FRONTAGE ON WATER
Value Per Acre Value FRONTAGE ON ROAD
BULKHEAD
DOCK
M. Bldg. ~:~ X // Fou__n_datio~n . (__///.~ B~a_t.h_
Extension 26 ,)( '~?" ~'~ "7 / ~"~ z~ °~" Ext. Wolls ~q/~ ~,~,~1 Interior Finish
~?ezeway Patio Rooms 2nd Floor
' -~ /,~o;,
__,/~--~-4~ 3?TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER , VILLAGE DIST.I
~_____~OR, ,M~R OWNER,
STREET
N ~'~'
W
RES. SEAS. VL ..2// COMM. CB. MISC. Mkt. Value
LAND IMP. TOTAL REMARKS ,'
AGE
NEW
FARM
Tillable 1
Tillable 2
Tillable 3
NORMAL
Ac re
Woodland
Swampland
Brushlond
House Plot
ACR. J !
SUB. LOT ~
BULKHEAD
Total DOCK
FA RDMATE
BUILDING CONDITION
BELOW ABOVE
Value Per Value
Acre
FRONTAGE ON WATER
FRONTAGE ON ROAD
DEPTH
TYPE OF BUILDING
3
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CLEARVIEW'
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