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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 ® ih.., CLEARVIEW' 0 0 . tu'/ QO0~ ~:D ~ ~ (. J.L.~ C.P. HARf~.I$OI4 ) Ld TIMSE~ PLM, dT EI~ Fi: NC I~ - ~5 (c,P. HNz~SO~ ) ~ ~3.0P_ ] 95.0 5.84'00' ~, '1 MFCK NOV,/ ore FOI2. N~LY B6 h~ 9L89 t'-