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HomeMy WebLinkAboutSecond Dwellings - ZoningMark Gaumond President Fishers Island Development Corporation P.O. Drawer E Fishers Island, New York 06390 (631) 788-7251 RECEIVED IIA¥ 2 201~ SoutholdTownClerk Robert E. Wall Manager 4/24/12 April 30 , 2012 Ms Elizabeth Neville, Clerk Town of Southold P.O. Box 1179 Southold, NY 11971 Local Law No. 2012 in relation to Amendments to Chapter 280, Zoning, in connection with Second Dwellings.. Dear Ms Neville, Fishers Island Development Corporation ("FIDCO") welcomes this opportunity to comment on the above-captioned Local Law, for which a public heating has been noticed on May 8, 2012. In general terms, the Amendments would allow the owner of a parcel in an R-120 or other specified zoning district with sufficient yield (buitdable land) for two lots to construct a second dwelling on the parcel without creating a second lot through the subdivision process. FIDCO is the successor to the developers of the East End of Fishers Island pursuant to a plan developed by Olmsted Brothers in 1928. The Olmsted Plan, as modified through 1987 and embodied in Miscellaneous Map A-421 (the "1987 FIDCO Map"), filed in the Suffolk County land records, is recognized as an Open Development Area under Sec. 280-a-4 of the Town Law. The FIDCO Open Development Area falls entirely in an R- 120 zoning district. FIDCO owns all of the roads in the Open Development Area, as well as beaches and other recreational properties, and affiliates of FIDCO own and operate the water, electric and telephone utilities. FIDCO also owns a number of unsold building lots shown on the 1987 FIDCO Map. Approximately 29 privately owned lots of six or more acres in the Open Development Area could potentially take advantage of the Amendments. Although the Olmsted Plan imposed a covenant restricting development to one residence per lot as configured at the time it was sold by FIDCO or its predecessor, most of these 29 six-acre lots are composed of multiple Olmsted lots (subsequently consolidated by merger, subdivision or lot-line changes) and would probably not be restricted to one residence by the covenant. FIDCO's roads and utilities were designed and in large part installed in the 1920s and 1930s, and FIDCO has become concerned about their capacity to support further development. As a result, it has adopted a corporate policy against selling additional building lots for development and for more than 25 years has not sold any building lots into private hands. Instead, it has promoted the preservation of open spaces and the Island's fragile ecology by donating lots (or conservation easements on them) to the H. L. Ferguson Museum Land Trust, thereby encouraging individual owners to make matching contributions of open spaces to the Land Trust. FIDCO has also from time to time prevented environmentally sensitive lots from coming on the market by swapping less sensitive lots for them and then contributing the sensitive lots to the Land Trust. Today, the Land Trust holds approximately 295 acres of open spaces on the East End of the Island, of which 132 acres have been donated by FIDCO. As a consequence of these parallel policies of discouraging further development and encouraging the preservation of open spaces, FIDCO is opposed to any regulatory change that would facilitate the development of privately owned lots in the Open Development Area. Although, as we understand it, the proposed two-residence Amendments would not increase the number of buildable dwellings, it would remove a significant deterrent to their construction, namely, the cost and delay of the subdivision process. (Indeed, that seems to be the main purpose of the Amendments.) FIDCO therefore respectfully requests that the Town Board exempt the FIDCO Open Development Area from the operation of Local Law 2012. Very truly yours, Mark Gaumond, President Cc: Louisa Evans, Councilwoman Kenneth L. Edwards, Member, Town Planning Board Heather Lanza, Town Planning Director COUNTY OF SUFFOLK STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING SARAH LANSDALE, AICP DIRECTOR OFPLANNING Town of Southold PO Box 1179 Southold, New York 11935 Att: Ms. Elizabeth A. Neville, Clerk Applicant: Zoning Action: Public Hearing Date.: Local Law No.: S.C.P.D. File No.: Dear Ms. Neville: April 17, 2012 RECEIVED APR23 Southold Town Clerk Town of Southold Amendment; Chapter 280-13 "Use Regulations" (Second Dwelling) May 8, 2012 # 2012 SD- 12-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 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 COUNTY OF SUFFOLK STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING April 18, 2012 SARAH LANSDALE, AICP Director of Planning RECEIVED Town of Southold PO Box 1179 Southold, New York 11935 Att: Ms. Elizabeth A. Neville, Clerk Dear Ms. Neville: 2 3 2012 Southold Town Clerk Applicant: Town of Southold Zoning Action: Amendment; Chapter 280 "Second Dwellings" Public Hearing Date.: June 8, 2012 Resolution No.: 2012- 341 & 342 S.C.P.D. FileNo.: SD-12-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 Direct~n~ 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~.044 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF ViTAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fm-k.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 12, 2012 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below on May 8, 2012: 7:34 PM - Local Law to amend the Southold Town Code Chapter 280 Zoning in connection with Second Dwellings. Please sign the duplicate of this le~er and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Elizabeth A. Neville Town Clerk Long Island State Park Commission Email: Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Please print name Town of Shelter Island Southold Town Building Department Southold Town Trustees o IGN AND RETURN TO I~D TOWN CLERK Page 1 of 1 Cooper, Linda From: Candice Schott [cschott@timesreview.com] Sent: Thursday, April 19, 2012 10:37 AM To: Cooper, Linda Subject: [New Sender - ] - RE: LEGAL NOTICE Second Dwelling 5-8-12 - Message is from an unknown sender Hi Linda, I was out of the office yesterday. I received your email and I have pulled/deleted your Second Dwelling notice. Hope you have a great Thursday! Candice From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us] Sent: Wednesday, April 18, 20:[2 9:45 AM To: Candice Schott Subject: RE: LEGAL NOT[CE Second Dwelling 5-8-:[2 Good morning. I just received a call from the Town Attorney's Office. Pull the Legal Notice for the Second Dwelling altogether. Apparently there are more revisions than anticipated, Sorry for any inconvenience this may cause. L/bdo ,7.. Cooper Deputy Town Clerk Town of Southold 631-765-1800 Life may not be the par~y we hoped for, but as long as we are here, we might as well dance! The difference between try and triumph is a httle "umph"l From: Candice Schott [mailto:cschott@timesreview.com] Sent: Friday, April :[3, 20:[2 10:33 AM To: Cooper, Linda Subject: RE: LEGAL NOT[CE Second Dwelling 5-8-12 Good morning, Not a problem.., will hold onto it and wait to hear from you. © Have a great weekend! Candice From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us] Sent: Friday, April 13, 20:[2 8:42 AM To: tr-legals Cc: Rudder, Lynda; Neville, Elizabeth; Krauza, Lynne Subject: LEGAL NOT[CE Second Dwelling 5-8-[2 Good morning, I am going to be a total pain in the butt. This Legal Notice I sent you yesterday needs to be put on hold until further notice. I just received a call from the Town Attorney's office that there may be some changes to the language. I will contact you by April 23 to let you know what is happening with it. More than likely it will go into the paper on the 26th of April but with some revisions. Sorry for creating problems for you. Linda Cooper 4/19/2012 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 12, 2012 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below on May 8, 2012: 7:34 PM - Local Law to amend the Southold Town Code Chapter 280 Zoning in connection with Second Dwellings. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Elizabeth A. Neville Town Clerk Long Island State Park Commission Email: Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Town of Shelter Island Southold Town Building Department Southold Town Trustees S~r~ifur.e, Rec~ive~/B~ Pl/a~ print name ' AND RETUILN~TO... SOb~HOLD TOWN CLERK ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 12, 2012 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below on May 8, 2012: 7:34 PM - Local Law to amend the Southold Town Code Chapter 280 Zoning in connection with Second Dwellings. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Elizabeth A. Neville Town Clerk Long Island State Park Commission Email: Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Signature, Ree~ive,.d By f Please print name Town of Shelter Island Southold Town Building Department Southold Town Trustees Date: Title: ~EASE SIGN AND RETURN TO SO~JTHOLD TOWN CLERK Page 1 of 1 Cooper, Linda From: Candice Schott [cschott@timesreview.com] Sent: Friday, April 13, 2012 10:33 AM To: Cooper, Linda Subject: RE: LEGAL NOTICE Second Dwelling 5-8-12 Good morning, Not a problem.., will hold onto it and wait to hear from you. ~ Have a great weekend! Candice From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us] Sent: Friday, April 13, 2012 8:42 AH To: tr-legals Cc: Rudder, Lynda; Neville, Elizabeth; Krauza, Lynne Subject: LEGAL NOT[CE Second Dwelling 5-8-12 Good morning, I am going to be a total pain in the butt. This Legal Notice I sent you yesterday needs to be put on hold until further notice. I just received a call from the Town Attorney's office that there may be some changes to the language. I will contact you by April 23 to let you know what is happening with it. More than likely it will go into the paper on the 26th of April but with some revisions. Sorry for creating problems for you. Linda Cooper 4/13/2012 ELIZABETH .4. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARR/AGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Apfil12,2012 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below on May 8, 2012: 7:32 PM - Local Law to amend the Southoid Town Code Chapter 280 Zoning in connection with Second Dwellings. Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Email: Southold Town Planning Board Southold Town Board of Appeals Town of Shelter Island  ~of Southarffpton . Signature, Received By ~ , _ ( ~. , Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Southold Town Trustees Southold Town Building Department Town of Riverhead PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH .4. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road t~O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF TI4'E TOWN CLERK TOWN OF SOUTHOLD April 12, 2012 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below on May 8, 2012: 7:32 PM - Local Law to amend the Southoid Town Code Chapter 280 Zoning in connection with Second Dwellings. Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Email: Southold Town Planning Board Southold Town Board of Appeals Town of Shelter Island Town/of Sguthampton Signa~re, ~-eceived By - Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Southold Town Trustees Southold Town Building Department Town of Riverhead Date: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK 04/15/2012 18:24 ~312835606 TOWN CLERK PAGE 01,/01 ELIZABETH A. TOWN KEG]STP, AR OF V1TAL STATISTICS If,.AP$IACE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 5809~5 Main Road P.O, Box 1179 Southolct, NewYork 11971 Fax (631) 765-6145 Telephonr~ (631) 765-1800 southold ~.~ o~hfork.~et OFFICE OF THE, TOWN CLERK TOWN OF SOUTHOLD April I2, 2012 PLEASE TAKE NOTICE that tile Town Board of thc Town of Southo/d will hold PUBLIC HEARING on the proposed Local Law listed below on May 8, 2012: 7:32 PM - Local Law to amend the Southold Town.Code Chapter 2.8.0,.Z,o,ning in connection with Second Dwellings. Please sign a duplicate of this letter and return to me at your earliest convenience by mail or cmail. Thank you. Attachments cc: Suffolk County Department of Planning Village of Orccnport Emaih Southold Town Planning Board Southold Town Board of Appeals Town of Shelter Island Town of South~mpton SignBturc,,Rccciv~ Please' print~ nome Elizabeth A, Neville Town Clerk Long Island State Park Commission Southold Town Trustees Southold Town Building Department Town of Riverhead PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK RECEIVED APR 13 2012 ~outhold Town Page 1 of 1 Cooper, Linda From: Bunch, Connie Sent: Friday, April 13, 2012 8:12 AM To: Cooper, Linda Subject: RE: PH Zoning Southold notice Thank you From: Cooper, Linda Sent: Thursday, April 12, 2012 2:24 PM To: Bunch, Connie; Cantrell, Elizabeth; Cooper, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Toth, Vicki; Verity, Hike Subject: PH Zoning Southold notice 4/13/2012 ELIZABETH A. NEVILLE, MMC TOWN C!.ERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldt own.ner~hfork, net OFFICE OF TILE, TOWN CLERK TOWN OF SOUTHOLD April 12, 2012 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below on May 8, 2012: 7:32 PM - Local Law to amend the Southold Town Code Chapter 280 Zoning in connection with Second Dwellings. Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Email: Southold Town Planning Board Southold Town Board of Appeals Town of Shelter Island Town of.~outh~I~Etor/r .~/9 Signat~, Rec~ived By --1~ / (/4.--__ ' ~,"/.~_ / Please print name. Elizabeth A. Neville Town Clerk Long Island State Park Commission Southold Town Trustees 8outhold Town Building Department Town of Riverhead PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ~8,/16/1995 22:39 63i7493436 $ I TOWN CLERK PAGE 01 REGISTRAR OF VITAL STATISTICS ~t~OE OFFICER RECOP~S OF MAI~TAGEMEN? OFFICER YI~EEDOM OF I~FOI~iATION OFFICER T~wn HalE, 5309~ M~.n P~ad P,O, BOX 1179 ~u~old, NewYork 11971 Fax (681) 765-61~5 ~lepho~ (6~1) 785-18~ ~old~.no~net OFFICE OF ~ TOWN CLERK TOWN OF $OU'N'IOLD April 12, 2012 PLEASE TAKE NOTICE that the Town Bo~'d of the Town of Southo[d will hold PUBLIC HEARING on the proposed Local Law listed l~low on May II, 1011: 7:32 PM - Local Law to amend the Soutllg[d Town ~2ode Chapter 280 Zoning iQ cg~necflon with Second Please sign a duplicate of this letter and return to me at your carlic~t convenience by mail or email, Thank you. AtXachments cc: Suffolk County Department of Plnsmlng Village of Greenport Emaik Southold Town Planning Board $outhold Town Board of Appeals Town of Shelter Island Town of Southampton Elizabeth A. Neville Town Clerk Long Island State Park ConunissJon Soulhold Town Trustees $outhold Town Building DeparUncnt Town of Riverhe~ Date: '6/- /.~- ol~0/~z, PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK CErVED APR 12 2012 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 12, 2012 Re: Resolution Numbers 2012- 341 & 342 "A Local Law in Relation to Amendments to Chapter 280, Zoning, in connection with Second Dwellings" of the Code of 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 April :LO, 2012 adopted the resolutions referenced above. Certified copies are 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 7:34 PM, Tuesday, June 5, 2012. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, $outhold lown Clerk Enclosure cc: Town Board ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF 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 April12,2012 Re: Resolution Numbers 2012- 341 & 342 "A Local Law in Relation to Amendments to Chapter 280 Zoning, in connection with Second Dwellings" of the Code of the Town of Southold. Donald Wilcenski, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr. $idor: The Southold Town Board at their regular meeting held on April 10, 2012 adopted the resolutions referenced above. Certified copies are 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 7:34 PM, Tuesday, May 8, 2012. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Southold lown Clerk Fnclosure cc: Town Board RESOLUTION 2012-341 ADOPTED DOC ID: 7780 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-341 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 10, 2012: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the l0th day of April, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Second Dwellings" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 8th day of May, 2012 at 7:34 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 280~ Zoning~ in connection with Second Dwellings" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Second Dwellings". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent and purpose of this law to allow a second dwelling on parcels within the A- C, R-40, R-80, R-120, R-200, R-400 and LB districts that have sufficient yield for two lots within each respective zoning district without requiring the creation of a second lot through the subdivision process upon the approval of the Zoning Board of Appeals. It is also the intent of this law to enhance property values and the health, safety and welfare of the community. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-13. Use regulations. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals... (17) A second dwelling sub}ect to the following requirements: Resolution 2012-341 Board Meeting of April 10, 2012 (a) The parcel upon which the principal dwelling and the proposed second dwelling exist must contain the required amount of buildable land for the creation of at least two building lots according to the applicable bulk schedule. (b) (c) A yield map prepared in accordance with the requirements of Town Code §240-10(B) must be submitted by the applicant to the Zoning Board of Appeals and approved by the Planning Board. In addition to the yield map, the applicant shall also submit a yield map review fee of $500.00 to the Planning Board. The Planning Board may require any additional information it deems necessary to determine the yield. The principal dwelling and the proposed second dwelling shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. (d) (e) The bulk schedule requirements for principle structures are applicable to the second dwelling. No additional dwellings will be permitted on the parcel. The special exception shall be subiect to a covenant placed on the entire existing parcel stating that the second dwelling uses one unit or one lot in any future subdivision and the future yield is reduced by one lot. Parcels that do not meet the yield requirements of §240-10(B)(2) are not eligible for a second dwelling special exception permit. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. RESULT: MOVER: Elizabeth A. Neville Southold Town Clerk ADOPTED [UNANIMOUS] Louisa P. Evans, Justice Updated: 4/10/2012 2:38 PM by Lynda Rudder Page 2 Resolution 2012-341 Board Meeting of April 10, 2012 SECONDER: Christopher Talbot, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Updated: 4/10/2012 2:38 PM by Lynda Rudder Page 3 RESOLUTION 2012-342 ADOPTED DOC ID: 7782 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-342 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 10, 2012: 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 280~ Zoningn in connection with Second Dwellings" to the Southold Town Planning Board and the Suffolk CounW, Department of Planning for their recommendations and reports. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Scott Russell SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 12, 2012 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below on May 8, 2012: 7:34 PM - Local Law to amend the Southold Town Code Chapter 280 Zoning in connection with Second Dwellings. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Elizabeth A. Neville Town Clerk Long Island State Park Commission Email: Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Town of Shelter Island Southold Town Building Department Southold Town Trustees Signature, Received By Please print name Date: Title: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 12, 2012 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below on May 8, 2012: 7:32 PM - Local Law to amend the Southold Town Code Chapter 280 Zoning in connection with Second Dwellings. Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Email: Southold Town Planning Board Southold Town Board of Appeals Town of Shelter Island Town of Southampton Elizabeth A. Neville Town Clerk Long Island State Park Commission Southold Town Trustees Southold Town Building Department Town of Riverhead Signature, Received By Please print name Date: Title: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK Page 1 of l Cooper, Linda From: Cooper, Linda Sent: Thursday, April 12, 2012 2:24 PM To: Bunch, Connie; Cantrell, Elizabeth[ Cooper, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Toth, Vicki; Verity, Mike Subject: PH Zoning Southold notice Attachments: PH Zoning Southold_20120412141617.pdf 4/12/2012 Page 1 of l Cooper, Linda From: Cooper, Linda Sent: Thursday, April 12, 2012 2:26 PM To: 'Riverhead Town Clerk'; 'Shelter Island Town Clerk'; 'Southampton Town clerk' Subject: PH Zoning Southold Attachments: PH Zoning Southold_20120412141617.pdf 4/12/2012 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 /aZ ~a. day of ~'£/& ,2012, 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: Chpt 280 - Second Dwellings 5/8/12 ~lizabeth A. Neville Southold Town Clerk Sworn before me this /~ ~' davy o f ~dey_~, 2012. Notary Pu'olic LINDA J COOPER NOTARY PUBLIC, State of New York NO 01C04822563, Suffolk County Ter~n Expires December 31, 20 Page I of 1 Cooper, Linda From: Candice Schott [cschott@timesreview.com] Sent: Thursday, April 12, 2012 10:16 AM To: Cooper, Linda Subject: RE: LEGAL NOTICE Second Dwelling 5-8-12 Have this one too for the 26th ~ From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us] Sent: Thursday, April :[2, 20:[2 10:06 AM To: tr-legals Subject: LEGAL NOT[CE Second Dwelling 5-8-12 Hello again, Please confirm - Legal notice for April 26 edition of Suffolk Times. Thanks again. Icoop 4/12/2012 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 10th day of April, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Second Dwellings" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 8th day of May, 2012 at 7:34 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 280~ Zoning~ in connection with Second Dwellings" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Second Dwellings". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent and purpose of this law to allow a second dwelling on parcels within the A-C, R-40, R-80, R-120, R-200, R-400 and LB districts that have sufficient yield for two lots within each respective zoning district without requiring the creation of a second lot through the subdivision process upon the approval of the Zoning Board of Appeals. It is also the intent of this law to enhance property values and the health, safety and welfare of the community. Il. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-13. Use regulations. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals... (17) A second dwelling subject to the following requirements: (a) The parcel upon which the principal dwelling and the proposed second dwelling exist must contain the required amount of buildable land for the creation of at least two building lots according to the applicable bulk schedule. (b) (c) A yield map prepared in accordance with the requirements of Town Code §240-10(B) must be submitted by the applicant to the Zoning Board of Appeals and approved by the Planning Board. In addition to the yield map, the applicant shall also submit a yield map review fee of $500.00 to the Planning Board. The Planning Board may require any additional information it deems necessary to determine the yield. The principal dwelling and the proposed second dwelling shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. (d) (e) The bulk schedule requirements for principle structures are applicable to the second dwelling. No additional dwellings will be permitted on the parcel. The special exception shall be subject to a covenant placed on the entire existing parcel stating that the second dwelling uses one unit or one lot in any future subdivision and the future yield is reduced by one lot. Parcels that do not meet the yield requirements of §240-10(B)(2) are not eligible for a second dwelling special exception permit. 1II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: April 10, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Town Clerk Please publish on APRIL 26, 2012 and forward one (1) affidavit of publication to Elizabeth A. Neville, Town Clerk, P O Box 1179, Southold, NY 11971. Copies to the following: Suffolk Times TC Bulletin Bd Town Board Building Dept Town Attorney ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 12, 2012 Re: Resolution Numbers 2012- 341 & 342 "A Local Law in Relation to Amendments to Chapter 280 Zoning, in connection with Second Dwellings" of the Code of the Town of Southold. Donald Wilcenski, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr. Wilcenski: The Southold Town Board at their regular meeting held on April 10, 203.2 adopted the resolutions referenced above. Certified copies are 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 7:34 PM, Tuesday, May 8, 2012. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Eli~ebeth A. Nevill~ Southold Town Clerk Enclosure cc: Town Board RESOLUTION 2012-341 ADOPTED DOC ID: 7780 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-341 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 10, 2012: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the l0th day of April, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Second Dwellings" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 8th day of May, 2012 at 7:34 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 280~ Zoning~ in connection with Second Dwellings" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Second Dwellings". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent and purpose of this law to allow a second dwelling on parcels within the A- C, R-40, R-80, R-120, R-200, R-400 and LB districts that have sufficient yield for two lots within each respective zoning district without requiring the creation of a second lot through the subdivision process upon the approval of the Zoning Board of Appeals. It is also the intent of this law to enhance property values and the health, safety and welfare of the community. Il. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-13. Use regulations. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals... (17) A second dwelling subject to the following requirements: Resolution 2012-341 Board Meeting of April 10, 2012 (a) The parcel upon which the principal dwelling and the proposed second dwelling exist must contain the required mount of buildable land for the creation of at least two building lots according to the applicable bulk schedule. (b) (c) A yield map prepared in accordance with the requirements of Town Code §240-10(B) must be submitted by the applicant to the Zoning Board of Appeals and approved by the Planning Board. In addition to the yield map, the applicant shall also submit a yield map review fee of $500.00 to the Planning Board. The Planning Board may require any additional information it deems necessary to determine the yield. The principal dwelling and the proposed second dwelling shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. (d) (e) The bulk schedule requirements for principle structures are applicable to the second dwelling. No additional dwellings will be permitted on the parcel. The special exception shall be subject to a covenant placed on the entire existing parcel stating that the second dwelling uses one unit or one lot in any future subdivision and the future yield is reduced by one lot. Parcels that do not meet the yield requirements of §240-10(B)(2) are not eligible for a second dwelling special exception permit. IIL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. RESULT: MOVER: Elizabeth A. Neville Southold Town Clerk ADOPTED [UNANIMOUS} Louisa P. Evans, Justice Updated: 4/10/2012 2:38 PM by Lynda Rudder Page 2 Resolution 2012-341 Board Meeting of April 10, 2012 SECONDER: Christopher Talbot, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Updated: 4/10/2012 2:38 PM by Lynda Rudder Page 3 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 12, 2012 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below on May 8, 2012: 7:34 PM - Local Law to amend the Southold Town Code Chapter 280 Zoning in connection with Second Dwellings. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Elizabeth A. Neville Town Clerk Long Island State Park Commission Email: Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Town of Shelter Island Southold Town Building Department Southold Town Trustees Signature, Received By Please print name Date: Title: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK