HomeMy WebLinkAboutAccessory Apartments · 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
To:
From:
Date:
Subject:
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
Ms. Sandi Berliner
Lynne Krauza
Secretary to the Town Attorney
January 27, 2010
LL/Amendments to Use Regulations for Accessory
Apartments. SEQRA
Sou~ho]d Tawn C!er~c
I am enclosing an original Short Environmental Assessment Form in
connection with the referenced matter. A resolution authorizing Scott to sign this
document is also attached hereto.
In this regard, kindly have Scott sign this form in both places where
indicated and return to me for processing.
Thank you for your attention. If you have any questions, please do not
hesitate to call me.
/Ik
Enclosures
cc: Ms. Elizabeth A. Neville, Town Clerk (w/encls.)~
6'17.20
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
Toyvn of` Southold Town Board Amendments to Use Regulations for Accessory Apartments
3. PROJECT LOCATION:
Municipality TownofSouthold County Suffolk
4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
Agricultural Conservation (A-C) District and Low Density Residential R-80, R-120, R-200, and R-400 Districts within the Town of'
Southold
5. PROPOSED ACTION IS:
[] New [] Expansion [] Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
Amendments to Usc Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-80, R- 120,
R-200, and R-400 Districts and Accessory Apartments
7 AMOUNT O)f LAND AFFECTED:
initially IN'~x acres Ultimately NA acres
8 WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
[] Yes [] No If No, describe
bdefly
9 WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[] Residential [] Industrial [] Commercial [] Agflcalture [] Park/Forest/Open Space [] 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, Iisi agency(s) name and
permil/approvals:
Amendments to thc Southold Town Code regulations require review and filing with the New
York Department of State
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
[] Yes [] NO If Yes, list agency(s) name and permit/approvals:
NA
12, AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes [~No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS ~TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsorname: .'~t.~ ) //L C~ '~ ~'-f~ L~ -~-~'~6'~ ~/d Date: 1/15/09
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
I
OVER
PART Il - 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-lyes ~-']No
13. WILL ACTION RECEIVE COORDINATED REVIEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative
declaration may be superseded by another involved agency.
[--~ Yes [~]No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surtace or gmundwafer quality or quanfity, noise levels, existing traffic pattern, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
None
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
Noee
C3. Vegeta[ior~ or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
None
C4. A community's exisfing plans or goals as otflcially adopted, or a change in use or Intensity et use of land or other natural resources? Explain briefly:
None
C5. Growth, suPsequen[ deselopmenl, or related acUvifies 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 ESTA13LISHMENT OF A CRITICAL
ENVIRONMENTAL AREA (CEA)?
[] Yes~['~ No If Yes, explain briefly:
E IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes [] No If Yes, explain briefly:
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, deIermine whether it is substantial, large, important or othet~vise significant. Each
effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e)
geographic scope; and (fi magnitude. If necessaP/, 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 evaluale the polential impact of the proposed action on the environmental characterisUcs of the CEA.
] ~heckthisb~xify~uhaveideng~ed~ne~rm~rep~tenfia~y~arge~rsigniflcantadverseimpa~swhichMAY~ccur- ThenproceeddirecgytotheFUL[
EAF and/or prepare a posifive declaration.
] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed ac[ion WILt
NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination
Town of Southold Town Board
Name of Lead Agency
Scott Russell
Print or Type Name of Responsible Officer in Lead Agency
Signature of Responsible Officer in Lead Agency
1/15/09
Date
Supervisor
Title of Responsible Officer
S/ig..n~a{b re o f'/'~,~"pa ret (If diffe~.!Jm~m,...~p~ponS"l~ie officer,
RESOLUTION 2010-106
ADOPTED
DOC ID: 5657
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-106 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 19, 2010:
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 Use Regulations within the
Agricultural Conservation (A-C) District and Low Density Residential R-80~ R-120~ R-200~
and R-400 Districts and Accessory, Apartments" 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 Sonthold 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 January 15, 2010, 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: Vincent Orlando, Councilman
SECONDER: William Ruland, Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans
ABSENT: Scott Russell
S outhold Town Board - Letter Board Meeting of Janumy 19, 2010
RESOLUTION 2010-106
ADOPTED
Item # 5.25
DOC ID: 5657
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-106 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 19, 2010:
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 Use Regulations within the
Agricultural Conservation (A-C) District and Low Densi ,ty Residential R-80~ R-120~ R-200~
and R-400 Districts and Accessory Apartments" is classified as an Unlisted Action pursuant
to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town
of Southold hereby establishes itself as lead agency for the uncoordinated review of this action
and issues a Negative Declaration for the action in accordance with the recommendation of Mark
Terry dated January 15, 2010, 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: Vincent Orlando, Councilman
SECONDER: William Ruland, Councilman
AYES: P, uland, Orlando, Talbot, Krupski Jr., Evans
ABSENT: Scott Russell
Generated January 25, 2010 Page 35
SOUTHOLD TOWN BOARD
PUBLIC HEARING
January 19, 2010
7:35 PM
Present: Justice Louisa Evans
Councilman Albert Krupski, Jr.
Councilman William Ruland
Councilman Vincent Orlando
Councilman Christopher Talbot
Town Clerk Elizabeth Neville
Town Attorney Martin Finnegan
Absent: Supervisor Scott Russell
This hearing was opened at 8:11 PM
COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been prehsented to
the Town Board of the Town of Southold, Suffolk County, New York, on the 15t day of
December 2009, a Local Law entitled "A Local Law in relation to Amendments to Use
Regulations within the Agricultural Conservation {A-C) District and Low Density
Residential R-80~ R-120~ R-200~ and R-400 Districts and Accessory Apartments" and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of
Southold will hold a public hearing on the aforesaid Local Law at the Southold Town
Hall, 53095 Main Road, Southold, New York, on the 19th day of January, 2010 at 7:35
p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Use
Regulations within the Agricultural Conservation {A-C) District and Low Density
Residential R-80~ R-120~ R-200~ and R-400 Districts and Accessory Apartments"
reads as follows:
LOCAL LAW NO. 2010
A Local Law entitled, "A Local Law in relation to Amendments to Use Regulations
within the Agricultural Conservation (A-C) District and Low Density Residential R-
80~ R-120~ R-200~ and R-400 Districts and Accessory Apartments".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
Amendments to Use Regulations 2
January 19, 2010
It is the intent and purpose of this law to allow accessory apartments within accessory
structures in A-C, R-80, R-120, R-200 and R-400 Districts to provide the opportunity for
the development of small rental housing designed to meet the housing needs of median
income families, both young and old, and relatives of families residing in the Town of
Southold. It is also the intent of this law to increase compliance with building and fire
code, property maintenance, preserve property values and the health, safety and welfare
of the community.
II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
§280-4. Definitions.
ACCESSORY APARTMENT - An apartment A dwcll:.ng un;~t created in a presently
existing one family dwelling unit or accessory structure pursuant to §280-13B(13 or 14).
FAMILY MEMBER - The spouse, domestic partner, child, grandchild, stepchild, parent,
aunt, uncle, niece, nephew, brother or sister of the owner or of the owner's spouse or
domestic partner.
TRANSIENT - A rental period of 29 days or less.
§280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989]
In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used
and no building or part of a building shall be erected or altered which is arranged,
intended or designed to be used, in whole or in part, for any uses except the following:
(1)
(2)
Permitted uses.
One-family detached dwellings, not to exceed one dwelling on each lot.
The following agricultural operations and accessory uses thereto,
including irrigation, provided that there shall be no storage of manure,
fertilizer or other odor- or dust-producing substance or use, except
spraying and dusting to protect vegetation, within 150 feet of any lot line:
[Amended 5-23-1989 by L.L. No. 8-1989]
(a) The raising of field and garden crops, vineyard and orchard
farming, the maintenance of nurseries and the seasonal sale of
products grown on the premises. [Amended 11-29-1994 by L.L.
No. 25-1994; 5-13-1997 by L.L. No. 8-1997]
(b) The keeping, breeding, raising and training of horses, domestic
animals and fowl (except ducks)EN on lots of 10 acres or more.
(c) Barns, storage buildings, greenhouses (including plastic covered)
and other related structures, provided that such buildings shall
conform to the yard requirements for principal buildings.
(d) The retail sale of local produce from structures of less than 20
square feet floor area shall be set back at least 10 feet from any lot
line. [Added 5-13-1997 by L.L. No. 8-1997]
(3) Buildings, structures and uses owned or operated by the Town of
Southold, school districts, park districts and fire districts.
Amendments to Use Regulations
January 19, 2010
(4) Wineries which meet the following standards: [Added 11-29-1994 by L.L.
No. 26-1994]
(a) The winery shall be a place or premises on which wine made from
primarily Long Island grapes is produced and sold;
(b) The winery shall be on a parcel on which at least 10 acres are
devoted to vineyard or other agricultural purposes, and which is
owned by the winery owner;
(c) The winery structures shall be set back a minimum of 100 feet
from a major road; and
(d) The winery shall obtain site plan approval.
(5) Small wind energy systems on parcels greater than seven acres in size,
which parcels are dedicated primarily to uses necessary for bona fide
agricultural production, and subject to the standards provided in Chapter
277 of this Town Code. [Added 7-17-2007 by L.L. No. 15-2007]
Uses permitted by special exception by the Board of Appeals. The following uses
are permitted as special exception by the Board of Appeals, as hereinafter
provided, and, except for two-family dwellings and the uses set forth in
Subsection B(15) hereof, are subject to site plan approval by the Planning Board:
[Amended 12-21-1993 by L.L. No. 27-1993]
(1) Two-family dwellings not to exceed one such dwelling on each lot.
(2) Places of worship, including parish houses (but excluding a rectory or
parsonage, which shall conform to the requirements for a one-family
dwelling), subject to the following requirements:
(a) No building or part thereof shall be erected nearer than 50 feet to
any street line and nearer than 20 feet to any lot line.
(b) The total area covered by all principal and accessory buildings
shall not exceed 20% of the area of the lot.
(3) Private elementary or high schools, colleges and other educational
institutions, subject to the following requirements:
(a) No building shall be less than 50 feet from any street or lot line.
(b) The total area occupied by all principal and accessory buildings
shall not exceed 20% of the area of the lot.
(c) Any school shall be a nonprofit organization within the meaning of
the Internal Revenue Act and shall be registered effectively
thereunder as such.
(d) Any such school shall occupy a lot with an area of not less than
five acres plus one acre for each 25 pupils for which the building is
designed.
(4) Nursery schools.
(5) Philanthropic, eleemosynary or religious institutions, health care,
continuing care and life facilities, but excluding facilities for the treatment
of all types of drug addiction, subject to the following requirements:
[Amended 12-27-1994 by L.L. No. 30-1994; 11-12-1996 by L.L. No. 20-
1996]
Amendments to Use Regulations
January 19, 2010
(a) No building or part thereof or any parking or loading area shall be
located within 100 feet of any street line nor within 50 feet of any
lot line.
(b) The total area covered by principal and accessory buildings shall
not exceed 20% of the area of the lot.
(c) The maximum height shall be 35 feet or 2 1/2 stories.
(d) The entire lot, except areas occupied by buildings or parking or
loading areas, shall be suitably landscaped and properly
maintained.
(e) Any health care, continuing care or life care facility shall meet the
following standards:
[1] All buildings shall be of fire-resistive construction.
[2] All such uses shall be served by adequate water and sewer
systems approved by the Suffolk County Department of
Health.
[3] Patients suffering from communicable diseases shall not be
permitted in any nursing home or sanatorium.
(Communicable diseases are defined by the Sanitary Code
of the Public Health Council of the State of New York.)
[4] Eight thousand square feet of lot area shall be provided for
each patient bed.
Public utility rights-of-way as well as structures and other installations
necessary to serve areas within the Town, except that wireless
communication facilities must obtain approval pursuant to Article XVII,
subject to such conditions as the Board of Appeals may impose in order to
protect and promote the health, safety, appearance and general welfare of
the community and the character of the neighborhood in which the
proposed structure is to be constructed. [Amended 11-12-1997 by L.L. No.
26-1997]
Beach clubs, tennis clubs, country clubs, golf clubs and annual
membership clubs and accessory playgrounds, beaches, swimming pools,
tennis courts, recreational buildings and maintenance buildings catering
exclusively to members and their guests, subject to the following
requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 12-8-1998 by
L.L. No. 26-1998]
(a) No building or part thereof or any parking or loading area shall be
located within 100 feet of any street line or within 50 feet of any
lot line.
(b) The total area covered by principal and accessory buildings shall
not exceed 20% of the area of the lot.
(c) No such use shall occupy a lot with an area of less than three acres.
Children's recreation camps organized primarily for seasonal use and
subject to the following requirements:
(a) No building, tent, activity area or recreation facility shall be less
than 200 feet from any lot line, and any such building, tent, activity
area or recreation facility shall be effectively screened therefrom as
(6)
(7)
(8)
Amendments to Use Regulations
January 19, 2010
required by the Planning Board. Buildings intended for use as
sleeping quarters shall be not less than 30 feet from each other,
except tents, which shall be not less than 10 feet apart.
(b) The minimum lot area shall be not less than 10,000 square feet for
each cottage, tent or other principal building and not less than
3,000 square feet of land area shall be provided for each person
accommodated in the buildings or tents on the premises. EN
(c) The sound level of all outdoor public-address systems shall not
exceed the intensity tolerable in a residential neighborhood.
Farm labor camps, subject to the following requirements:
(a) All farm labor camps on farms shall be construed in conformance
with applicable laws and shall not be located nearer to any other
residence than the residence of the employer, except by specific
review and approval of the Planning Board.
Veterinarian's offices and animal hospitals, subject to the following
requirements:
(a) The housing of all animals shall be in a fully enclosed structure, if
nearer than 150 feet to any lot line.
Cemeteries.
Stables and riding academies. EN
One accessory apartment in an existing one-family dwelling, subject to the
following requirements:
(a) The accessory apartment shall be located in the principal building.
(b) The owner of the existing dwelling shall occupy one of the
dwelling units as the owner's principal residence. The other
dwelling unit shall be leased for year-round occupancy, evidenced
by a written lease for a term of one or more years.
(c) The existing one-family dwelling shall contain not less than 1,600
square feet of livable floor area.
(d) The accessory apartment shall contain not less than 450 square feet
of livable floor area.
(e) The accessory apartment shall not exceed 40% of the livable floor
area of the existing dwelling unit and any addition thereto
permitted under Section 280-13(B)(13)(i) hereof.
(f) A minimum of three off-street parking spaces shall be provided.
(g) Not more than one accessory apartment shall be permitted on a lot.
(h) The accessory apartment shall meet the requirements of an
......... ~ ..... apartment as defined in § 280-4 hereof.
(i) The exterior entry to the accessory apartment shall, to the
maximum extent possible, retain the existing exterior appearance
of a one-family dwelling.
.~ .....~.+ .~.~u 5e ~n~ ~ +h .... :~+:~ c~,,,~n+:~- Subject to
all other restrictions and requirements in this Code, a reasonable
(9)
(10)
(11)
02)
(13)
expansion of the existing foundation, not to exceed 25% of the
Amendments to Use Regulations
January 19, 2010
(14)
6
(k)
living space of the existing dwelling unit, may be permitted to
accommodate the creation of an accessory apartment.
The certificate of compliance shall terminate upon the transfer of
title by the owner or upon the owner ceasing to occupy one of the
dwelling units as the owner's principal residence. In the event of an
owner's demise, the occupant of an accessory apartment may
continue in occupancy until a new owner shall occupy the balance
of the dwelling or one year from date of said demise, whichever
shall first occur. [Amended 5-20-1993 by L.L. No. 6-1993]
(1) All conversions shall be subject to the inspection of the Building
Inspector and renewal of the certificate of occupancy annually.
[Amended 5-20-1993 by L.L. No. 6-1993]
(m) The building which is converted to permit an accessory apartment
shall be in existence, and have be eligible for or have a valid
certificate of occupancy issued prior to January 1, !98~, 2004, or
proof of occupancy prior to that date. [Amended 5-20-1993 by
L.L. No. 6-1993]
(n) The existing building, together with the accessory apartment, shall
comply with all other requirements of Chapter 280 of the Town
Code of the Town of Southold.
(o) Notwithstanding the provisions of § 280-13B hereof, no site plan
approval by the Planning Board shall be required for the
establishment of an accessory apartment.
(p) Approval by the Suffolk County Department of Health Services of
the water supply and sewage disposal systems shall be required.
(q) No bed-and-breakfast facilities, as authorized by § 280-13B(441~)
hereofi shall be permitted in or on premises for which an accessory
apartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3-
1989]
One accessory apartment in a lawfully existing detached accessory garage,
barn or storage building, subject to the following requirements:
(a) The accessory apartment shall contain no less than 450 square feet
and shall not exceed 750 square feet of livable floor area and shall
have no more than one bathroom.
(b) A minimum of three off street parking spaces shall be provided on
premises.
(c) Not more than one accessory apartment shall be permitted on a lot.
(d) The accessory apartment shall meet the requirements of an
apartment as defined in Section 280-4 hereof.
(e) The entirety of the living floor area of the accessory apartment
must be on one floor of the accessory structure.
(f) The accessory structure which is converted to permit an accessory
apartment shall be in existence and be eligible for a pre-certificate
of occupancy or have a valid certificate of occupancy issued prior
to January 1, 2004.
Amendments to Use Regulations
January 19, 2010
7
(h)
(i)
(i)
(k)
(1)
(m)
The existing accessory structure shall comply with all other
requirements of this Chapter.
Notwithstanding the provisions of Section 280-13(B) hereof, no
site plan approval by the Planning Board shall be required for the
establishment of an accessory apartment in an accessor~ structure.
Approval of the Suffolk County Department of Health Services of
the water supply and sewage disposal systems shall be required.
No bed-and-breakfast facilities, as authorized by Section280-
13(B)(15) hereof shall be permitted in or on premises for which an
accessory apartment is authorized or exists.
Occupancy of resident structures on the premises shall be subject
to the following requirements:
[1] The owner of the premises shall occupy either the existing
single family dwelling unit or the accessory apartment in
the detached accessory structure as the owner's principal
residence. The other dwelling unit shall be leased for year
round occupancy evidenced by a written lease for a term of
one or more years to:
a) a family member; or
b) to a resident who is currently on the Southold Town
affordable housing registry.
[2] Rents charged to a resident on the affordable housing
registry shall not exceed the rent established by the Town
Board annually pursuant to §280-30(F) of this code.
[3] No accessory apartment shall be occupied by more than the
number of persons permitted to occupy the dwelling unit
under Section 404 of the Property Maintenance Code of the
New York State Uniform Fire Prevention and Building
[41
[5]
Code.
A transient rental is prohibited.
An accessory apartment shall only be occupied or
otherwise utilized in accordance with the certificate of
occupancy issued for the dwelling unit.
The premises and all structures are subject to annual review and
certification by the owner of compliance with the mandates of this
chapter. The Chief Building Inspector, Code Enforcement Officer,
and Town personnel who are engaged in the enforcement of the
provisions of this chapter are authorized to make or cause to be
made inspections to determine compliance with this chapter and
are authorized to enter upon any property for the purpose of said
inspections.
The Chief Building Inspector or Code Enforcement Officer shall
revoke the certificate of occupancy for the premises when he or
she finds that the owner has caused, permitted or allowed to exist
and remain upon the premises a violation of any provision of the
Amendments to Use Regulations 8
January 19, 2010
(n)
(o)
Code of the Town of Southold for a period of 14 days or more after
written notice has been given to the owner.
An appeal from such revocation may be taken by the permit holder
to the Housing Advisor,/Commission, by written request, made
within 30 days from the date of such revocation. The Housing
Advisory Commission shall hold a public hearing on such appeal
within 30 days after receipt of written notice of such appeal and,
after such hearing, shall make written findings and a decision
either sustaining such certification of occupancy revocation or
reinstating such certificate of occupancy within 30 days after close
of such public hearing.
In lieu of an inspection, the owner of the premises may submit a
written certification, within 10 days of each anniversary of the
commencement of the lease term to the Chief Building Inspector
verifying that the dwelling unit is in compliance with all of the
provisions of the Code of the Town of Southold, the laws and
sanitary and housing regulations of the County of Suffolk and the
laws of the State of New York. In addition, the owner shall certify
that the tenant is a family member or currently listed on the
Town's approved housing registry in accordance with §280-
13(B)(14)(k). If the owner fails to submit a timely verified
certificate, in writing, to the Chief Building Inspector, such shall
be deemed a violation of this chapter.
(p) A violation of this chapter by the owner(s) is hereby declared to be
an offense punishable by a fine not less than $1,500 nor more than
$8,000 or imprisonment for a period not to exceed six months, or
both, for a conviction of a first offense; for conviction of a second
or subsequent offense within 18 months, a fine not less than $3,000
nor more than $15,000 or imprisonment not to exceed a period of
six months, or both. However, for the purpose of conferring
jurisdiction upon courts and judicial officers in general, violations
of this chapter shall be deemed misdemeanors, and, for such
purpose only, all provisions of law relating to misdemeanors shall
apply. Each day's continued violation shall constitute a separate
additional violation.
(q) Additionally, in lieu of imposing the fine authorized in §280-
13(B)(14)(r~). in accordance with Penal Law §80.05(5), the court
may sentence the defendant(s) to pay an amount, fixed by the
court, not exceeding double the amount of the rent collected over
the term of the occupancy.
(4415) Bed-and-breakfasts which have been issued a bed-and-breakfast permit by
the Building Inspector. Said permit shall be issued for a term of one year if
the following conditions are met: [Amended 3-14-1989 by L.L. No. 3-
1989; 2-7-1995 by L.L. No. 3-1995]
(a) A smoke alarm shall be provided on each floor and in every guest
room.
Amendments to Use Regulations
January 19, 2010
9
(b) The dwelling shall have at least two exits and there shall be a
window large enough for emergency egress in each guest room.
(c) The identification sign shall be no larger than two square feet in
areas zoned Residential-Office or higher, but there shall be no
exterior signage identifying the use as a bed-and-breakfast in
residential areas.
(d) No accessory apartment, as authorized by § 280-13B(13) hereof,
shall be permitted in or on premises for which a bed-and-breakfast
facility is authorized or exists.
(~516) Historical society. [Added 11 - 12-1996 by L.L. No. 20-1996]
(4617) Preservation and use ora federal or state designated historic building for
the purpose of hosting community events, together with the use of part of
such building for professional offices and/or one apartment, not to exceed
a total of three uses per building, provided that such building is owned and
maintained by a not-for-profit historic organization. In no event shall there
be more than one apartment per building. [Added 10-25-2005 by L.L. No.
18-2005]
II1. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the
validity of this law as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Part of this record is a letter January 13, 2010 from chief planner, Andrew Freeland of the
Suffolk County Department of Planning setting for the planning commission's
consideration of this matter as one for local determination; also a memo to the Town
Board dated January 15, 2010 from the chairman of the Planning Board setting forth the
Planning Board's comments on a proposed local law, all of which were considered and
discussed by the Town Board at today's work session. The Planning Board has
recommended the elimination of the least requirement in section 280-13B, 14K1 for
family member occupants. Review of the transient rental definition, reconsideration of
maximum size limit as a fixed size rather than as a percentage of existing livable floor
area, extension of eligibility to buildings or structures that have a CO issued as of the date
of enactment rather than prior to January 1, 2004 and the extension of the legislation to
commercial zones as well. And three, a memo to the Town Board dated January 15,
2010 from Mark Terry, LWRP coordinator recommending that the proposed law is
consistent with the LWRP together with a short environmental assessment form
confirming that the proposed law will not result in any significant adverse environmental
impacts. Also a letter dated this day from Patricia Moore, local attorney, stating her
Amendments to Use Regulations 10
January 19, 2010
strong support for the legislation and suggesting certain changes including the expansion
of the definition of a family member to include caregivers. The elimination of the single
floor restriction on accessory apartments in 14E, the expansion of the affordable housing
registry conditions to include more categories of eligible occupants including teachers,
firefighters etc and other changes similar to those suggested by the Planning Board
including extending the eligibility to structures with CO's issued currently and
eliminating leases for family member occupants. And lastly, there are also copies of legal
notices and certifications from both the Town Clerk and it has been noticed in the local
paper.
COUNCILMAN KRUPSKI: That is good. We are fortunate tonight, we have members
from Southold Town's Affordable Housing Committee with us. Thank you for coming.
And if anyone would like to make any comment on the proposed law, please come up to
the microphone and identify yourself.
NANCY PESTER: Good evening ladies and gentlemen and members of the Town, my
name is Nancy Pester and I am here tonight in the capacity as a representative from the
Housing Advisory Commission. We have prepared a letter regarding this proposed
accessory apartment amendment. The Housing Advisory Commission serves as an
advisory committee to the town board to promote affordable housing opportunities within
the town of Southold. The HAC has been working diligently to address the need for
affordable apartments in the Town. After reviewing the existing code and attending a
series of meetings with the Town Board, Planning Board, employees of the County of
Suftblk and the Town of Riverhead, the commission hosted a forum with the general
public to share ideas and ways to develop apartments that generated meaningful
feedback. Through additional research and synthesizing suggestions from many
resources, the HAC met again with the Town Board in July of 2009 to make formal
recommendations regarding strategies to promote an inventory of apartments with
existing housing units and those on existing accessory structures. These
recommendations prompted additional discussion among the Town Board and the
Planning Board and additional review within the whole committee. The final proposed
amendments to the town code has produced a reasonable first step to increase the
inventory of apartments within the town that include (inaudible) units that will be
affordable as well as those that will accommodate family members. And in summary,
due to the limited number of rental opportunities in Southold Town, coupled with the
significant increase of housing prices over the past decade, many of our local residents
face challenges finding legal, safe and affordable housing. We fully endorse the
proposed legislative changes and urge the Town Board to do the same. Thank you very
much.
COUNCILMAN KRUPSKI: Thank you.
THOMAS SAMUELS: Good evening, my name is Tom Samuels, I live in New Suffolk.
1 also agree with your strategy or whoever devises code change, it makes a lot of sense.
It actually maybe brings this issue into a bit of rationality because it makes no sense to
allow it in the house but not in accessory structures, there is a ton of accessory structures
Amendments to Use Regulations 11
January 19, 2010
out there and no doubt a ton of illegal apartments in them, so I think it makes sense for
the code to kind of catch up with that reality and provide for this need which is evident. I
was a stakeholder in New Suffolk and we came very close to a similar notion as you
guys, we never actually submitted it because we were afraid of being the only hamlet but
it started out, this whole exercise in New Suffolk started out as defining the entire hamlet
as a halo zone because as you know, there is hardly any farming there and we felt like we
were all in this together. And we came very far along on a proposal such as this, as you
may also know in New Suffolk, there are a ton of former guest houses and two family
houses and little apartments over garages and little apartments in garages and there
always has been. I think given that density which is half acre and quarter acre and some
one acre, I may seem a little bit dense to some but that is the traditional density of a
hamlet and certainly the traditional density of New Suffolk. Therefore, I don't
understand why you know, there has to be R40, I mean RS0 in our 1/20t~ AC. What is
wrong with R407 That is what most of the houses are in this hamlet. That is what most of
the illegal apartments are, too. And ! think it makes sense to try to look at that situation
and at least for the sake of (inaudible) New Suffolk or Nassau Point or wherever, you
know, allow it to happen there, it is not just a, you know, because people are clamoring
for it maybe but it is also a way to generate a bit of revenue. I don't know what the
assessment implications of this are going to be but certainly the Town is going to expect
to make more money on it one way or the other. With 20 plus years as an architect in the
Town, I also can tell you that over 100 times my clients and potential clients have come
to me and asked for possibility of having a guest house and you know what I tell them?
You know, ! don't really understand why but that is not permitted. It is impossible. You
cannot have it. You are not allowed to let your grandchildren sleep out in the
outbuilding. ! can understand why you might not want them to sleep in the pool house
because there are obviously implications about pools and small children but what is
wrong with allowing family members and I think Pat Moore and also the Planning Board
addressed that, the issue of a lease, you are not going to have your guests sign a lease I
don't think when they come out for a weekend ....
COUNCILMAN KRUPSKI: Well, I think it depends on every family.
MR. SAMUELS: I have, you know, like I say, have had to advise my clients many,
many times, you are not allowed to do that and I can tell you I never provided for that.
Either as far as they are concerned but it isn't because they didn't want it and I have no
idea what happens long after I am gone in some instances but what is so bad about guest
houses and why can't you instead of seeing this as purely accessory apartment law, see it
as a uses and accessory buildings law and literalize that to the point that makes what I
would consider, sense. Namely that as long as you meet the code and there is a lot of
them from the state through the county and the town, regulating accessory buildings to
just (inaudible) with a nice accessory building, you know, revisiting the limitations on
accessory buildings depending on lot size, height of the structure, distance setback etc
etc, size of the lot. I don't see why that should be excluded from casual habitation. And
that is my primary point here tonight is that it is great for the accessory apartments, there
obviously a need but you are you know, a finish nail with a sledgehammer a little bit
because there is a casual need as well and it exists in some of the higher end districts of
Amendments to Use Regulations 12
January 19, 2010
the town which are able to afford it and to pay for it and to subsidize the town's tax base
as a result. I would say. They would dispute that last point but I think it is true. And the
same is true for the preexisting structures, I don't understand that. I don't understand
why it is preexisting structures, why you have to say before a certain date. You know, I
build new buildings a lot of times and I renovate a lot of old buildings and they both are
equivalent in many ways. They meet the code, they meet the code. Whether it was built
before or after. I just don't understand what your point is there or why that is so
important or that they be on one story because ! mean, that just makes it spread out more.
If you can build it up or go under the roof, you can fit a nice little bed in there and it
shouldn't be a dirty word anymore but it is still, in accessory buildings. Bedrooms. And
showers.
COUNCILMAN TALBOT: Tom, the date of that, we were kicking that around today
still, that you know, where did we come up with that date? But as far as New Suffolk
goes, I don't know if you would get Board of Health approval for any of those properties
down there with all of those apartments.
MR. SAMUELS: Good point but it would be half acre zoning basically, if you have
public water. That is the density that the health department would allow. But they have a
guest cottage approval, which is separate. It is not seen necessarily as a single, stand
alone habitation.
COUNCILMAN TALBOT: Less use.
MR. SAMUELS: Correct. And so a smaller system. So you can up that density a little
bit but the Health Department regulates density and that is why I don't think you guys
need to do that in this way. I don't understand why that, it seems like there is a huge fear
like we are gutting zoning and you are suddenly going to have two family houses
everywhere. I understand that fear and that is what kept us in New Suffolk from going
ahead with our recommendations through the stakeholder group. But I don't think it is
entirely valid and if the town is considering it as a whole, guest houses. That is what
COUNCILMAN TALBOT: There is no RS0 down there at all, right? And no AC?
MR. SAMUELS: There may be a little stretch along ....
COUNCILMAN TALBOT: A little north.
MR. SAMUELS: On the water and even though we wanted the whole hamlet in it, Mark
did end up cutting out parts of Jackson which he saw as waterfront therefore more
vulnerable, my attitude is the waterfront is more regulated than any other property in the
town and if the DEC says it is okay and the health department says it is okay to have a
guest structure, why is it that the town is the only one that says no? I think it is source of
revenue for you guys and as far as my clients are concerned, it is a rational use.
Amendments to Use Regulations 13
January 19, 2010
COUNCILMAN KRUPSKI: Thank you for your comments. And we did hit on some of
the, like Chris said, the date thing. I think the Town Board wants to hear public comment
on the date ....
MR. SAMUELS: You have mine.
COUNCILMAN KRUPSKI: Last time was 1984 and I think the law was passed after
that.
MR. SAMUELS: Inaudible. Say five years before or say at the same time like the
Planning Board, that makes some sense.
COUNCILMAN KRUPSKI: It does. It does. And actually, the thing about the family
lease, actually it could be written on a piece of paper and it could be for a dollar a year
but it is still a lease and it is just so the town knows that it is a family member living
them.
MR. SAMUELS: What about the weekend guests there?
COUNCILMAN TALBOT: I think part of that was not having you know, say a share
house where you are going to be selling, renting it out different weekends.
MR. SAMUELS: Inaudible.
COUNCILMAN KRUPSKI: That is what we are trying to control. Rent it out every
weekend.
MR. SAMUELS: Thanks for thinking about it.
COUNCILMAN KRUPSKI: Thank you. Anyone else? Go ahead.
JIM DUGGAN: My name is Jim Duggan. I have two questions. The first question is do
we have the manpower, the money and the determination to enforce this?
COUNCILMAN KRUPSKI: We believe we do.
MR. DUGGAN: In this economic times, you were thinking of laying off police officers,
we are going to have the money and the manpower and the determination?
COUNCILMAN KRUPSKI: Yes.
MR. DUGGAN: I hope so. The second question is, what are you, after you pass this
law, what are you going to do about the illegal apartments that are existing in the town?
Are they going to have to comply to the law or are they just going to be a separate entity
and this law is going to stand by itself and the people who are getting accessory
Amendments to Use Regulations 14
January 19, 2010
apartments are being held to a higher code? What are you going to do about the illegal
apartments that don't respond or correspond to the regulations that you pass in this vote?
COUNCILMAN KRUPSKI: They all should be upgraded to conform to this code.
MR. DUGGAN: Do you have a list of these illegal apartments?
COUNCILMAN KRUPSKI: No, they are all...
COUNCILMAN ORLANDO: If someone calls into the town and they believe there is an
illegal apartment someplace, code enforcement is aware of that and they go and
investigate.
COUNCILMAN KRUPSKI: Now they would have an option to make their apartment
conform to the law.
MR. DUGGAN: Because if you don't enforce or stop the illegal apartments, the people
who are going to apply for this code are going to apply to this code are going to say, why
should I respond to this when there are people, and we all know them, I pass them on the
road everyday just like you do and they are out there and nothing happens.
COUNCILMAN KRUPSKI: Well, now this gives them an opportunity to conform to the
code. Before they had ....
MR. DUGGAN: Inaudible.
COUNCILMAN KRUPSKI: Before they had...
COUNCILMAN TALBOT: I also think this is just the start of it and this is the first
public hearing on it but you can't assume everybody is going to do something wrong.
You know, if we had a list of the illegal apartments in town, I am sure code enforcement
would be working on it and they do come in from neighbors typically. But as far as, we
had something today and if somebody had an apartment that didn't fit in one of the zones
we are proposing, they couldn't actually legalize it, they would have to get rid of it. Or
go for a variance on it. Because it wouldn't meet the law.
MR. DUGGAN: I was involved a little bit at the early start and there was a numerical
number, I believe it was 75, was the number of accessory apartments that started out.
Now I see the new revision of the law, there is no limit. Is that because of the economic
times? Or...
COUNCILMAN KRUPSKI: That is the way, no that ....
MR. DUGGAN: Inaudible. About my first question, do we have the manpower?
Amendments to Use Regulations 15
January 19, 2010
COUNCILMAN KRUPSKI: Well, I think we do. You know, that is why we have the
public hearing, to get input. And if you think maybe it should be limited to a certain
number in each hamlet or something, you know, that is a valid point and you should
make ....
MR. DUGGAN: I think the Planning Board recommended 200. I believe the Planning
Board had a recommendation somewhere around 200. I might be wrong but it started out
75 ifI am not mistaken. Correct? Okay, thank you.
COUNCILMAN KRUPSKI: Thank you. Sir?
CHET (No last name): I have no speech prepared. My name is Chet, I am a small
business owner. Worked all my life in a trade from six, seven days a week. Lately
everyone knows it has been tough, we are down to maybe two or three days. The
tradesmen are taking a big hit and I think that this would be good amendment to pass
because I think financially it would help out people. Also there are families with older,
disabled people who could then combine and help each other out at that point until things
pick up and our economy gets a little better. I believe this amendment would be good to
pass.
COUNCILMAN KRUPSKI: Thank you.
ANDREW GREENE: Andrew Greene from Peconic. I was one of the Peconic
stakeholders, I have been looking at this issue for quite some time as well and I think in
addition to the clear benefits of increasing the work force housing and allowing for
assistance to family members for health or economic or any other reason (inaudible) for
some time and probably even more extreme now in the current economic circumstances
that there are a number of benefits to be considered. One is that, sort of the flip side of
the work force housing, is that this would also allow more people to afford to purchase
homes because they could rely on income from the accessory apartments to pay for their
mortgages, so you are helping affordability both from people buying as well as people
renting. And at the same time, this would then assist people who are trying to sell their
homes who haven't been able to in the current market which would be of great benefit
obviously to town residents and then the benefits of increasing these number of
transactions to benefit people in the real estate industry, it is going to create revenues for
the Peconic Bay preservation fund and then like the previous gentleman suggested, there
would also probably be likely benefits to the construction industry, people making
renovations and then getting income from accessory apartments. I think there is a
number of them that as far as illegal apartments I mean, people are going to break the
laws, they are going to break the law. But at least this gives people who have apartments
in accessory buildings the opportunity to conform with the code. So at least I think it
provides the opportunity to improve the safety of those apartments and perhaps prevent
some tragedies there. I think there clearly a lot of good things to come. Thank you.
COUNCILMAN KRUPSKI: Thank you.
Amendments to Use Regulations
January 19, 2010
16
GEORGE SCHNEIDER: I am George Schneider from Cutchogue. Good evening to
everybody. Some of my concerns or questions were answered or addressed already but I
have to revisit what this gentleman said from New Suffolk and it is certainly not the only
area, R40, with high density that quite honestly I think is discriminatory if it is eliminated
from this plan. In these areas, and I know they are throughout the town, have senior
citizens in them, sometimes, many times only one person living in the house. Many of
these homes are seasonal homes and they are not even occupied during the winter.
Seasonal summer homes. So the density I don't see as a concern, yet it is in these areas
where you have the senior citizens that would really benefit from the extra income. Are
some of these apartments existing there already? Yes, they are. So I would ask you to
reconsider this R40 and instead of having somebody go for a variance and we know what
that rigmarole is all about, take it on a case by case application and hopefully you will get
a lot of applications. I heard maybe you can shed some light on this, I was told last week
that Riverhead's program wasn't responded to very well. I am not sure about that. The
other concern I have is the date. 2004, I know you moved it up 20 years but if I built a
house or an accessory building in 2005 and my neighbor built one in 2004, he has got the
apartment and providing housing and making money and I am sitting here, you know,
struggling to make my mortgage. And we are talking about senior citizens here, too who
could really use that money.
COUNCILMAN ORLANDO: Well, that is why, George, as Chris was saying today,
why don't we just make it 2008, 2009? We don't think someone in 2008 was building,
was hoping the Town Board would do something like this to use down the road, so.
MR. SCHNEIDER: Great idea.
COUNCILMAN ORLANDO: Inaudible.
MR. SCHNEIDER: The other concern or question I had was something I just want to
present to you, was the square footage. In the paper that I mad it has from 450
(inaudible) square feet, if somebody has an existing accessory building already that may
be a little larger than this, I am wondering if they would have to go for a variance also or
if an exception or a consideration would be made on a case by case basis after the
application is submitted? And the reason I say this is 750 feet, if you had, and it says in
here, for families too, if you had a mother and a father and a child, you may want two
bedrooms and the two bedroom apartment is not unheard of, if you want to put a laundry
room in there, make it comfortable, you may want to consider going over 750 square feet.
I think 850 is the limit where an engineer doesn't have to get involved?
COUNCILMAN KRUPSKI: The reason we kept it small, one of them was affordability.
And the smaller you keep the apartment then the more likely it is to be used by a family
member or someone on the affordable housing registry. The bigger you make it, it
becomes a second home. But that is a good point as far as size. I really doubt, because
of all the input we get here tonight, that we are going to pass this tonight, we have gotten
a lot of good input so far. I am sure there is more coming. So we are going to take this
Amendments to Use Regulations 17
January 19, 2010
back to code committee and I am sure ask for some more input from the Housing
Advisory Committee, too and incorporating a lot of these comments into the code.
MR. SCHNEIDER: Well, I am just thinking that if you hold fast at 750 square feet,
somebody has got a building already that would make a great resident or great apartment
and it is 820 or 810, what happens then?
COUNCILMAN KRUPSKI: Right.
MR. SCHNEIDER: Are you going to go through the whole variance ....
COUNCILMAN ORLANDO: That is a big apartment, though. 800 square feet. That is
big.
MR. SCHNEIDER: Well, if you want to put two bedrooms in it and a laundry.
COUNCILMAN ORLANDO: Your sons are going to have to go to your house to do
laundry.
MR. SCHNEIDER: They may have to. Okay, thank you.
COUNCILMAN KRUPSKI: Thank you, 6eorge. Anyone else7 (No response) Make a
motion we close the hearing?
This hearing was closed at 8:22 PM
~Neville
Southold Town Clerk
ELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January. 11, 2010
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765;6145
Telephone (631) 765-1800
southoldtown.northfork, net
$outhold Town Clerk
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
the proposed Local Law listed below on January 19, 2010:
7:35 PM - Local Law re: Accessory Apartments
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you.
Attachments
cc: Suffolk County Department of Planning
Village of Greenpott
Email: Southold Town Planning Board
Southold Town Assessors
Southold Town Building Department
Town of Riverhead
Signature, R?ceived By :/~/~J/~
Please prin~ 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 S~ut~tln/p].~
Date' c~/,~// 0
· .I -/ ,
Title: ,~ ~
PLEASE SIGN AND RETURN TO
SOUTHOLD TOWN CLERK
Southold Town Board - Letter Board Meeting of January 19, 2010
RESOLUTION 2010-117
TABLED
Item # 5.35
DOC ID: 5668
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-117 WAS
TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 19, 2010:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 15th day of December, 2009, a Local Law entitled "A Local Law in
relation to Amendments to Use Regulations within the Agricultural Conservation (A-C)
District and Low Densi .ty Residential R-80~ R-120~ R-200~ and R-400 Districts and
Accessory. Apartments" 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 Use Regulations within the
Agricultural Conservation {A-C) District and Low Density Residential R-80~ R-120~ R-200~
and R-400 Districts and Accessory. Apartments" reads as follows:
LOCAL LAW NO. 2010
A Local Law entitled, "A Local Law in relation to Amendments to Use Regulations within
the Agricultural Conservation (A-C) District and Low Density Residential R-80~ R-120~ R-
200~ and R-400 Districts and Accessory Apartments".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
It is the intent and purpose of this law to allow accessory apartments within accessory structures
in A-C, R-80, R-120, R-200 and R-400 Districts to provide the opportunity for the development
of small rental housing designed to meet the housing needs of median income families, both
young and old, and relatives of families residing in the Town of Southold. It is also the intent of
this law to increase compliance with building and fire code, property maintenance, preserve
property values and the health, safety and welfare of the community.
II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
§280-4. Definitions.
Generated January 25, 2010 Page 48
Board Meeting of January 19, 2010
Southold Town Board - Letter
ACCESSORY APARTMENT - An apartment A ~wel!'.'ng,~t created in a presently existing
one family dwelling unit or accessory structure pursuant to §280-13B(13 or 14).
FAMILY MEMBER - The spouse, domestic partner, child, grandchild, stepchild, parent, aunt,
uncle, niece, nephew, brother or sister of the owner or of the owner's spouse or domestic partner.
TRANSIENT - A rental period of 29 days or less.
§280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989]
In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no
building or part of a building shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any uses except the following:
Permitted uses.
(1) One-family detached dwellings, not to exceed one dwelling on each lot.
(2) The following agricultural operations and accessory uses thereto, including
irrigation, provided that there shall be no storage of manure, fertilizer or other
odor- or dust-producing substance or use, except spraying and dusting to protect
vegetation, within 150 feet of any lot line: [Amended 5-23-1989 by L.L. No. 8-
1989]
(a) The raising of field and garden crops, vineyard and orchard farming, the
maintenance of nurseries and the seasonal sale of products grown on the
premises. [Amended 11-29-1994 by L.L. No. 25-1994; 5-13-1997 by L.L.
No. 8-1997]
(b) The keeping, breeding, raising and lxaining of horses, domestic animals
and fowl (except ducks)EN on lots of 10 acres or more.
(c) Barns, storage buildings, greenhouses (including plastic covered) and
other related structures, provided that such buildings shall conform to the
yard requirements for principal buildings.
(d) The retail sale of local produce from structures of less than 20 square feet
floor area shall be set back at least 10 feet from any lot line. [Added 5-13-
1997 by L.L. No. 8-1997]
(3) Buildings, structures and uses owned or operated by the Town of Southold, school
districts, park districts and fire districts.
(4) Wineries which meet the following standards: [Added 11-29-1994 by L.L. No.
26-1994]
(a) The winery shall be a place or premises on which wine made from
primarily Long Island grapes is produced and sold;
(b) The winery shall be on a parcel on which at least 10 acres are devoted to
vineyard or other agricultural purposes, and which is owned by the winery
owner;
(c) The winery structures shall be set back a minimum of 1 O0 feet from a
major road; and
(d)The winery shall obtain site plan approval.
Generated January 25, 2010 Page 49
Southold Town Board - Letter Board Meeting of January 19, 2010
(5) Small wind energy systems on parcels greater than seven acres in size, which
parcels are dedicated primarily to uses necessary for bona fide agricultural
production, and subject to the standards provided in Chapter 277 of this Town
Code. [Added 7-17-2007 by L.L. No. 15-2007]
Uses permitted by special exception by the Board of Appeals. The following uses are
permitted as special exception by the Board of Appeals, as hereinafter provided, and,
except for two-family dwellings and the uses set forth in Subsection B(15) hereof, are
subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No.
27-1993]
(1) Two-family dwellings not to exceed one such dwelling on each lot.
(2) Places of worship, including parish houses (but excluding a rectory or parsonage,
which shall conform to the requirements for a one-family dwelling), subject to the
following requirements:
(a) No building or part thereof shall be erected nearer than 50 feet to any
street line and nearer than 20 feet to any lot line.
(b) The total area covered by all principal and accessory buildings shall not
exceed 20% of the area of the lot.
(3) Private elementary or high schools, colleges and other educational institutions,
subject to the following requirements:
(a) No building shall be less than 50 feet from any street or lot line.
(b) The total area occupied by all principal and accessory buildings shall not
exceed 20% of the area of the lot.
(c) Any school shall be a nonprofit organization within the meaning of the
Internal Revenue Act and shall be registered effectively thereunder as
such.
(d) Any such school shall occupy a lot with an area of not less than five acres
plus one acre for each 25 pupils for which the building is designed.
(4) Nursery schools.
(5) Philanthropic, eleemosynary or religious institutions, health care, continuing care
and life facilities, but excluding facilities for the treatment of all types of drug
addiction, subject to the following requirements: [Amended 12-27-1994 by L.L.
No. 30-1994; 11-12-1996 by L.L. No. 20-1996]
(a) No building or part thereof or any parking or loading area shall be located
within 100 feet of any street line nor within 50 feet of any lot line.
(b) The total area covered by principal and accessory buildings shall not
exceed 20% of the area of the lot.
(c)The maximum height shall be 35 feet or 2 1/2 stories.
(d) The entire lot, except areas occupied by buildings or parking or loading
areas, shall be suitably landscaped and properly maintained.
(e) Any health care, continuing care or life care facility shall meet the
following standards:
[ 1 ] All buildings shall be of fire-resistive construction.
[2] All such uses shall be served by adequate water and sewer systems
approved by the Suffolk County Department of Health.
Generated January 25, 2010 Page 50
Southold Town Board - Letter Board Meeting of January 19, 2010
(6)
(7)
(8)
(9)
(lO)
[3] Patients suffering from communicable diseases shall not be
permitted in any nursing home or sanatorium. (Communicable
diseases are defined by the Sanitary Code of the Public Health
Council of the State of New York.)
[4] Eight thousand square feet of lot area shall be provided for each
patient bed.
Public utility rights-of-way as well as structures and other installations necessary
to serve areas within the Town, except that wireless communication facilities
must obtain approval pursuant to Article XVII, subject to such conditions as the
Board of Appeals may impose in order to protect and promote the health, safety,
appearance and general welfare of the community and the character of the
neighborhood in which the proposed structure is to be constructed. [Amended 11-
12-1997 by L.L. No. 26-1997]
Beach clubs, tennis clubs, country clubs, golf clubs and annual membership clubs
and accessory playgrounds, beaches, swimming pools, tennis courts, recreational
buildings and maintenance buildings catering exclusively to members and their
guests, subject to the following requirements: [Amended 12-27-1994 by L.L. No.
30-1994; 12-8-1998 by L.L. No. 26-1998]
(a) No building or part thereof or any parking or loading area shall be located
within 100 feet of any street line or within 50 feet of any lot line.
(b) The total area covered by principal and accessory buildings shall not
exceed 20% of the area of the lot.
(c) No such use shall occupy a lot with an area of less than three acres.
Children's recreation camps organized primarily for seasonal use and subject to
the following requirements:
(a) No building, tent, activity area or recreation facility shall be less than 200
feet from any lot line, and any such building, tent, activity area or
recreation facility shall be effectively screened therefrom as required by
the Planning Board. Buildings intended for use as sleeping quarters shall
be not less than 30 feet from each other, except tents, which shall be not
less than l0 feet apart.
(b) The minimum lot area shall be not less than 10,000 square feet for each
cottage, tent or other principal building and not less than 3,000 square feet
of land area shall be provided for each person accommodated in the
buildings or tents on the premises. EN
(c) The sound level of all outdoor public-address systems shall not exceed the
intensity tolerable in a residential neighborhood.
Farm labor camps, subject to the following requirements:
(a) All farm labor camps on farms shall be construed in conformance with
applicable laws and shall not be located nearer to any other residence than
the residence of the employer, except by specific review and approval of
the Planning Board.
Veterinarian's offices and animal hospitals, subject to the following requirements:
(a) The housing of all animals shall be in a fully enclosed structure, if nearer
than 150 feet to any lot line.
Generated January 25, 2010 Page 51
Southold Town Board - Letter Board Meeting of January 19, 2010
(tl)
(12)
(13)
Cemeteries.
Stables and riding academies. EN
One accessory apartment in an existing one-family dwelling, subject to the
following requirements:
(a) The accessory apartment shall be located in the principal building.
(b) The owner of the existing dwelling shall occupy one of the dwelling units
as the owner's principal residence. The other dwelling unit shall be leased
for year-round occupancy, evidenced by a written lease for a term of one
or more years.
(c) The existing one-family dwelling shall contain not less than 1,600 square
feet of livable floor area.
(d) The accessory apartment shall contain not less than 450 square feet of
livable floor area.
(e) The accessory apartment shall not exceed 40% of the livable floor area of
the existing dwelling unit and any addition thereto permitted under Section
280-13 (B)(13)(i) hereof.
(f) A minimum of three off-street parking spaces shall be provided.
(g) Not more than one accessory apartment shall be permitted on a lot.
of an d
(h) The accessory apartment shall meet the requirements
apartment as defined in § 280-4 hereof.
(i) The exterior entry to the accessory apartment shall, to the maximum extent
possible, retain the existing exterior appearance of a one-family dwelling.
apartment, ~u~u ~ ~a~ ~ ~ ~v;~,;~. c~..-a.,:^~ Subject to all other
restrictions and requirements in this Code, a reasonable expansion of the
existing foundation, not to exceed 25% of the living space of the existing
dwelling unit, may be permitted to accommodate the creation of an
accessory apartment.
(k) The certificate of compliance shall terminate upon the transfer of title by
the owner or upon the owner ceasing to occupy one of the dwelling units
as the owner's principal residence. In the event of an owner's demise, the
occupant of an accessory apartment may continue in occupancy until a
new owner shall occupy the balance of the dwelling or one year from date
of said demise, whichever shall first occur. [Amended 5-20-1993 by L.L.
No. 6-1993]
(1) All conversions shall be subject to the inspection of the Building Inspector
and renewal of the certificate of occupancy annually. [Amended 5-20-
1993 by L.L. No. 6-1993]
(m) The building which is converted to permit an accessory apartment shall be
in existence, and have be eligible for or have a valid certificate of
occupancy issued prior to January 1, !9°,?. 2004, or proof of occupancy
prior to that date. [Amended 5-20-1993 by L.L. No. 6-1993]
(n) The existing building, together with the accessory apartment, shall comply
with all other requirements of Chapter 280 of the Town Code of the Town
of Southold.
Generated January 25, 2010 Page 52
Southold Town Board - Letter Board Meeting of January 19, 2010
(14)
(o) Notwithstanding the provisions of § 280-13B hereof, no site plan approval
by the Planning Board shall be required for the establishment of an
accessory apartment.
(p) Approval by the Suffolk County Department of Health Services of the
water supply and sewage disposal systems shall be required.
(q) No bed-and-breakfast facilities, as authorized by § 280-13B(,1415) hereof,
shall be permitted in or on premises for which an accessory apartment is
authorized or exists. [Added 3-14-1989 by L.L. No. 3-1989]
One accessory apartment in a lawfully existing detached accessory garage, barn or
storage building, subject to the following requirements:
(a) The accessory apartment shall contain no less than 450 square feet and
shall not exceed 750 square feet of livable floor area and shall have no
more than one bathroom.
A minimum of three off street parking spaces shall be provided on
premises.
Not more than one accessory apartment shall be permitted on a lot.
The accessory apartment shall meet the requirements of an apartment a~
defined in Section 280-4 hereof.
The entirety of the living floor area of the accessory apartment must be on
one floor of the accessory structure.
The accessory structure which is converted to permit an accessory
apartment shall be in existence and be eligible for a pre-certificate of
occupancy or have a valid certificate of occupancy issued prior to January
1, 2004.
The existing accessory structure shall comply with all other requirements
of this Chapter.
Notwithstanding the provisions of Section 280-13(B) hereof, no site plan
approval by the Planning Board shall be required for the establishment of
an accessory apartment in an accessory structure.
Approval of the Suffolk County Department of Health Services of the
water supply and sewage disposal systems shall be required.
No bed-and-breakfast facilities, as authorized by Section280-13(B)(15)
hereof shall be permitted in or on premises for which an accessory
apartment is authorized or exists.
Occupancy of resident structures on the premises shall be subject to the
following requirements:
[ 1 ] The owner of the premises shall occupy either the existing single
family dwelling unit or the accessory apartment in the detached
accessory structure as the owner's principal residence. The other
dwelling unit shall be leased for year round occupancy evidenced
by a written lease for a term of one or more years to:
a) a family member; or
b) to a resident who is currently on the Southold Town
affordable housing registry.
(h)
(i)
ii)
Generated January 25, 2010 Page 53
Southold Town Board - Letter Board Meeting of January 19, 2010
(1)
(m)
(n)
(o)
(p)
[2]
Rents charged to a resident on the affordable housing registry shall
not exceed the rent established by the Town Board annually
pursuant to §280-30(F) of this code.
[3] No accessory apartment shall be occupied by more than the
number of persons permitted to occupy the dwelling unit under
Section 404 of the Property Maintenance Code of the New York
State Uniform Fire Prevention and Building Code.
[4] A transient rental is prohibited.
[5] An accessory apartment shall only be occupied or otherwise
utilized in accordance with the certificate of occupancy issued for
the dwelling unit.
The premises and all structures are subiect to annual review and
certification by the owner of compliance with the mandates of this chapter.
The Chief Building Inspector, Code Enforcement Officer, and Town
personnel who are engaged in the enforcement of the provisions of this
chapter are authorized to make or cause to be made inspections to
determine compliance with this chapter and are authorized to enter upon
any property for the purpose of said inspections.
The Chief Building Inspector or Code Enforcement Officer shall revoke
the certificate of occupancy for the premises when he or she finds that the
owner has caused, permitted or allowed to exist and remain upon the
premises a violation of any provision of the Code of the Town of Southold
for a period of 14 days or more after written notice has been given to the
owner.
An appeal from such revocation may be taken by the permit holder to the
Housing Advisory Commission, by written request, made within 30 days
from the date of such revocation. The Housing Advisory Commission
shall hold a public hearing on such appeal within 30 days after receipt of
written notice of such appeal and, after such hearing, shall make written
findings and a decision either sustaining such certification of occupancy
revocation or reinstating such certificate of occupancy within 30 days after
close of such public hearing.
In lieu of an inspection, the owner of the premises may submit a written
certification, within 10 days of each anniversary of the commencement of
the lease term to the Chief Building Inspector verifcng that the dwelling
unit is in compliance with all of the provisions of the Code of the Town of
Southold, the laws and sanitary and housing regulations of the County of
Suffolk and the laws of the State of New York. In addition, the owner
shall certify that the tenant is a family member or currently listed on the
Town's approved housing registry in accordance with §280-13(B)(14)(k).
If the owner fails to submit a timely verified certificate, in writing, to the
Chief Building Inspector, such shall be deemed a violation of this chapter.
A violation of this chapter by the owner(s) is hereby declared to be an
offense punishable by a fine not less than $1,500 nor more than $8,000 or
imprisonment for a period not to exceed six months, or both, for a
Generated January 25, 2010 Page 54
Southold Town Board - Letter Board Meeting of January 19, 2010
conviction of a first offense; for conviction of a second or subsequent
offense within 18 months, a fine not less than $3,000 nor more than
$15,000 or imprisonment not to exceed a period of six months, or both.
However, for the purpose of conferring iurisdiction upon courts and
iudicial officers in general, violations of this chapter shall be deemed
misdemeanors, and, for such purpose only, all provisions of law relating to
misdemeanors shall apply. Each day's continued violation shall constitute
a separate additional violation.
{q) Additionally, in lieu of imposing the fine authorized in §280-13(B)(14)(p),
in accordance with Penal Law §80.05(5), the court may sentence the
defendant(s) to pay an amount, fixed by the court, not exceeding double
the amount of the rent collected over the term of the occupancy.
(441~) Bed-and-breakfasts which have been issued a bed-and-breakfast permit by the
Building Inspector. Said permit shall be issued for a term of one year if the
following conditions are met: [Amended 3-14-1989 by L.L. No. 3-1989; 2-7-1995
by L.L. No. 3-1995]
(a) A smoke alarm shall be provided on each floor and in every guest room.
(b) The dwelling shall have at least two exits and there shall be a window
large enough for emergency egress in each guest room.
(c) The identification sign shall be no larger than two square feet in areas
zoned Residential-Office or higher, but there shall be no exterior signage
identifying the use as a bed-and-breakfast in residential areas.
(d) No accessory apartment, as authorized by § 280-13B(13) hereof, shall be
permitted in or on premises for which a bed-and-breakfast facility is
authorized or exists.
(-1-$1_1_~ Historical society. [Added 11-12-1996 by L.L. No. 20-1996]
(-1-61~) Preservation and use of a federal or state designated historic building for the
purpose of hosting community events, together with the use of part of su~ch
building for professional offices and/or one apartment, not to exceed a total of
three uses per building, provided that such building is owned and maintained by a
not-for-profit historic organization. In no event shall there be more than one
apartment per building. [Added 10-25-2005 by L.L. No. 18-2005]
IlL SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Generated January 25, 2010 Page 55
Southold Town Board - Letter Board Meeting of January 19, 2010
Elizabeth A. Neville
Southold Town Clerk
RESULT: TABLED [UNANIMOUS] Next: 2/2/20Z0 4:30 PM
MOVER: Louisa P. Evans, Justice
SECONDER: William Ruland, Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans
ABSENT: Scott Russell
Generated January 25, 2010 Page 56
Southold Town Board - Letter Board Meeting of January 5, 2010
RESOLUTION 2010-75
ADOPTED
Item # 5.18
DOC ID: 5628
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-75 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 5, 2010:
RESOLVED that the Town Board of thc Town of Southold hereby authorizes and directs the
Town Clerk to forward the proposed Local Law entitled "A Local Law in relation to
Amendments to Use Regulations within the Agricultural Conservation (A-C) District and
Low Densi .ty Residential R-80~ R-120, R-200~ and R-400 Districts and Accessory.
Apartments" to the Suffolk CounW Planning Commission and the Southold Town Planning
Board for their review and recommendation.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
Generated January 7, 2010 Page 24
Southold Town Board - Letter Board Meeting of December 15, 2009
RESOLUTION 2009-972
ADOPTED
Item # 5.29
DOC ID: 5594
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-972 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 15, 2009:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 15th day of December, 2009, a Local Law entitled "A Local Law in
relation to Amendments to Use Regulations within the Agricultural Conservation (A-C)
District and Low Density Residential R-80~ R-120~ R-200~ and R-400 Districts and
Accessory Apartments" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
19th day of January, 2010 at 7:35 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Use
Regulations within the Agricultural Conservation (A-C) District and Low Density
Residential R-80~ R-120~ R-200~ and R-400 Districts and Accessory Apartments" reads as
follows:
LOCAL LAW NO. 2010
A Local Law entitled, "A Local Law in relation to Amendments to Use Regulations within
the Agricultural Conservation {A-C) District and Low Density Residential R-80~ R-120, R-
200~ and R-400 Districts and Accessory, Apartments".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1. Purpose.
It is the intent and purpose of this law to allow accessory apartments within accessory structures
in A-C, R-80, R-120, R-200 and R-400 Districts to provide the opportunity for the development
of small rental housing designed to meet the housing needs of median income families, both
young and old, and relatives of families residing in the Town of Southold. It is also the intent of
this law to increase compliance with building and fire code, property maintenance, preserve
property values and the health, safety and welfare of the community.
II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
Generated December 16, 2009 Page 36
Southold Town Board - Letter Board Meeting of December 15, 2009
§280-4. Definitions.
ACCESSORY APARTMENT - An apartment ~ created in a presently existing
one family dwelling unit or accessory structure pursuant to {}280-13B(13 or 14).
FAMILY MEMBER - The spouse, domestic partner, child, grandchild, stepchild, parent, aunt,
uncle, niece, nephew, brother or sister of the owner or of the owner's spouse or domestic partner.
TRANSIENT - A rental period of 29 days or less.
§280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989]
In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no
building or part of a building shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any uses except the following:
Permitted uses.
(1) One-family detached dwellings, not to exceed one dwelling on each lot.
(2) The following agricultural operations and accessory uses thereto, including
irrigation, provided that there shall be no storage of manure, fertilizer or other
odor- or dust-producing substance or use, except spraying and dusting to protect
vegetation, within 150 feet of any lot line: [Amended 5-23-1989 by L.L. No. 8-
1989]
(a) The raising of field and garden crops, vineyard and orchard farming, the
maintenance of nurseries and the seasonal sale of products grown on the
premises. [Amended 11-29-1994 by L.L. No. 25-1994; 5-13-1997 by L.L.
No. 8-1997]
(b) The keeping, breeding, raising and training of horses, domestic animals
and fowl (except ducks)EN on lots of 10 acres or more.
(c) Barns, storage buildings, greenhouses (including plastic covered) and
other related structures, provided that such buildings shall conform to the
yard requirements for principal buildings.
(d) The retail sale of local produce from structures of less than 20 square feet
floor area shall be set back at least 10 feet from any lot line. [Added 5-13-
1997 by L.L. No. 8-1997]
(3) Buildings, structures and uses owned or operated by the Town of Southold, school
districts, park districts and fire districts.
(4) Wineries which meet the following standards: [Added 11-29-1994 by L.L. No.
26-1994]
(a) The winery shall be a place or premises on which wine made from
primarily Long Island grapes is produced and sold;
(b) The winery shall be on a parcel on which at least 10 acres are devoted to
vineyard or other agricultural purposes, and which is owned by the winery
owner;
(c) The winery structures shall be set back a minimum of 100 feet from a
major road; and
(d)The winery shall obtain site plan approval.
Generated December 16, 2009 Page 37
Southold Town Board - Letter Board Meeting of December 15, 2009
(5) Small wind energy systems on parcels greater than seven acres in size, which
parcels are dedicated primarily to uses necessary for bona fide agricultural
production, and subject to the standards provided in Chapter 277 of this Town
Code. [Added 7-17-2007 by L.L. No. 15-2007]
Uses permitted by special exception by the Board of Appeals. The following uses are
permitted as special exception by the Board of Appeals, as hereinafter provided, and,
except for two-family dwellings and the uses set forth in Subsection B(I$) hereof, are
subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No.
27-1993]
(1) Two-family dwellings not to exceed one such dwelling on each lot.
(2) Places of worship, including parish houses (but excluding a rectory or parsonage,
which shall conform to the requirements for a one-family dwelling), subject to the
following requirements:
(a) No building or part thereof shall be erected nearer than 50 feet to any
street line and nearer than 20 feet to any lot line.
(b) The total area covered by all principal and accessory buildings shall not
exceed 20% of the area of the lot.
(3) Private elementary or high schools, colleges and other educational institutions,
subject to the following requirements:
(a) No building shall be less than 50 feet from any street or lot line.
(b) The total area occupied by all principal and accessory buildings shall not
exceed 20% of the area of the lot.
(c) Any school shall be a nonprofit organization within the meaning of the
Internal Revenue Act and shall be registered effectively thereunder as
such.
(d) Any such school shall occupy a lot with an area of not less than five acres
plus one acre for each 25 pupils for which the building is designed.
(4) Nursery schools.
(5) Philanthropic, eleemosynary or religious institutions, health care, continuing care
and life facilities, but excluding facilities for the treatment of all types of drug
addiction, subject to the following requirements: [Amended 12-27-1994 by L.L.
No. 30-1994; 11-12-1996 by L.L. No. 20-1996]
(a) No building or part thereof or any parking or loading area shall be located
within 100 feet of any street line nor within 50 feet of any lot line.
(b) The total area covered by principal and accessory buildings shall not
exceed 20% of the area of the lot.
(c)The maximum height shall be 35 feet or 2 1/2 stories.
(d) The entire lot, except areas occupied by buildings or parking or loading
areas, shall be suitably landscaped and properly maintained.
(e) Any health care, continuing care or life care facility shall meet the
following standards:
[I ] All buildings shall be of fire-resistive construction.
[2] All such uses shall be served by adequate water and sewer systems
approved by the Suffolk County Department of Health.
Generated December 16, 2009 Page 38
Southold Town Board - Letter Board Meeting of December 15, 2009
(6)
(7)
(8)
(9)
(10)
[3] Patients suffering from communicable diseases shall not be
permitted in any nursing home or sanatorium. (Communicable
diseases are defined by the Sanitary Code of the Public Health
Council of the State of New York.)
[4] Eight thousand square feet of lot area shall be provided for each
patient bed.
Public utility rights-of-way as well as structures and other installations necessary
to serve areas within the Town, except that wireless communication facilities
must obtain approval pursuant to Article XVII, subject to such conditions as the
Board of Appeals may impose in order to protect and promote the health, safety,
appearance and general welfare of the community and the character of the
neighborhood in which the proposed structure is to be constructed. [Amended 11-
12-1997 by L.L. No. 26-1997]
Beach clubs, tennis clubs, country clubs, golf clubs and annual membership clubs
and accessory playgrounds, beaches, swimming pools, tennis courts, recreational
buildings and maintenance buildings catering exclusively to members and their
guests, subject to the following requirements: [Amended 12-27-1994 by L.L. No.
30-1994; 12-8-1998 by L.L. No. 26-1998]
(a) No building or part thereof or any parking or loading area shall be located
within 100 feet of any street line or within 50 feet of any lot line.
(b) The total area covered by principal and accessory buildings shall not
exceed 20% of the area of the lot.
(c) No such use shall occupy a lot with an area of less than three acres.
Children's recreation camps organized primarily for seasonal use and subject to
the following requirements:
(a) No building, tent, activity area or recreation facility shall be less than 200
feet from any lot line, and any such building, tent, activity area or
recreation facility shall be effectively screened therefrom as required by
the Planning Board. Buildings intended for use as sleeping quarters shall
be not less than 30 feet from each other, except tents, which shall be not
less than 10 feet apart.
(b) The minimum lot area shall be not less than 10,000 square feet for each
cottage, tent or other principal building and not less than 3,000 square feet
of land area shall be provided for each person accommodated in the
buildings or tents on the premises. EN
(c) The sound level of all outdoor public-address systems shall not exceed the
intensity tolerable in a residential neighborhood.
Farm labor camps, subject to the following requirements:
(a) All farm labor camps on farms shall be construed in conformance with
applicable laws and shall not be located nearer to any other residence than
the residence of the employer, except by specific review and approval of
the Planning Board.
Veterinarian's offices and animal hospitals, subject to the following requirements:
(a) The housing of all animals shall be in a fully enclosed structure, if nearer
than 150 feet to any lot line.
Generated December 16, 2009 Page 39
Southold Town Board - Letter Board Meeting of December 15, 2009
(11)
(12)
(13)
Cemeteries.
Stables and riding academies. EN
One accessory apartment in an existing one-family dwelling, subject to the
following requirements:
(a) The accessory apartment shall be located in the principal building.
(b) The owner of the existing dwelling shall occupy one of the dwelling units
as the owner's principal residence. The other dwelling unit shall be leased
for year-round occupancy, evidenced by a written lease for a term of one
or more years.
(c)
(d)
(e)
(g)
(h)
(i)
(J)
(k)
(l)
(m)
The existing one-family dwelling shall contain not less than 1,600 square
feet of livable floor area.
The accessory apartment shall contain not less than 450 square feet of
livable floor area.
The accessory apartment shall not exceed 40% of the livable floor area of
the existing dwelling unit and any addition thereto permitted under Section
280-13(B)(13)(i) hereof.
A minimum of three off-street parking spaces shall be provided.
Not more than one accessory apartment shall be permitted on a lot.
of an .........
The accessory apartment shall meet the requirements
apartment as defined in § 280-4 hereof.
The exterior entry to the accessory apartment shall, to the maximum extent
possible, retain the existing exterior appearance of a one-family dwelling.
~,,~.~ .....~, ~.~ _~ ^. ,~, .... ;~,:.~ c~..-~.,;~. Subject to all other
restrictions and requirements in this Code, a reasonable expansion of the
existing foundation, not to exceed 25% of the living space of the existing
dwelling unit, may be permitted to accommodate the creation of an
accessory apartment.
The certificate of compliance shall terminate upon the transfer of title by
the owner or upon the owner ceasing to occupy one of the dwelling units
as the owner's principal residence. In the event of an owner's demise, the
occupant of an accessory apartment may continue in occupancy until a
new owner shall occupy the balance of the dwelling or one year from date
of said demise, whichever shall first occur. [Amended 5-20-1993 by L.L.
No. 6-1993]
All conversions shall be subject to the inspection of the Building Inspector
and renewal of the certificate of occupancy annually. [Amended 5-20-
1993 by L.L. No. 6-1993]
The building which is converted to permit an accessory apartment shall be
in existence,~.~-'~ ~',..,,. .... be eligible for or have a valid certificate of
occupancy issued prior to January 1,4-984 2004, or proof of occupancy
prior to that date. [Amended 5-20-1993 by L.L. No. 6-1993]
Generated December 16, 2009 Page 40
Southold Town Board - Letter Board Meeting of December 15, 2009
(14)
(n) The existing building, together with the accessory apartment, shall comply
with all other requirements of Chapter 280 of the Town Code of the Town
of Southold.
(o) Notwithstanding the provisions of § 280-13B hereof, no site plan approval
by the Planning Board shall be required for the establishment of an
accessory apartment.
(p) Approval by the Suffolk County Department of Health Services of the
water supply and sewage disposal systems shall be required.
(q) No bed-and-breakfast facilities, as authorized by § 280-13B(4415) hereof,
shall be permitted in or on premises for which an accessory apartment is
authorized or exists. [Added 3-14-1989 by L.L. No. 3-1989]
One accessory apartment in a lawfully existing detached accessory garage, bam or
storage building, subiect to the following requirements:
(a) The accessory apartment shall contain no less than 450 square feet and
shall not exceed 750 square feet of livable floor area and shall have no
more than one bathroom.
(b) A minimum of three off street parking spaces shall be provided on
premises.
(c) Not more than one accessory apartment shall be permitted on a lot.
(d) The accessory apartment shall meet the requirements of an apartment as
defined in Section 280-4 hereof.
(e) The entirety of the living floor area of the accessory apartment must be on
one floor of the accessory structure.
(f) The accessory structure which is converted to permit an accessory
apartment shall be in existence and be eligible for a pre-certificate of
occupancy or have a valid certificate of occupancy issued prior to January
1, 2004.
(g) The existing accessory structure shall comply with all other requirements
of this Chapter.
(h) Notwithstanding the provisions of Section 280-13(B) hereof, no site plan
approval by the Planning Board shall be required for the establishment of
an accessory apartment in an accessory structure.
(i) Approval of the Suffolk County Department of Health Services of the
water supply and sewage disposal systems shall be required.
(j) No bed-and-breakfast facilities, as authorized by Section280-13(B)(15)
hereof shall be permitted in or on premises for which an accessory
apartment is authorized or exists.
(k) Occupancy of resident structures on the premises shall be subject to the
following requirements:
[1 ] The owner of the premises shall occupy either the existing single
family dwelling unit or the accessory apartment in the detached
accessory structure as the owner's principal residence. The other
dwelling unit shall be leased for year round occupancy evidenced
by a written lease for a term of one or more years to:
a) a family member; or
Generated December 16, 2009 Page 41
Southold Town Board - Letter Board Meeting of December 15, 2009
O)
(m)
(n)
(o)
b) to a resident who is currently on the Southold Town
affordable housing registry.
[2] Rents charged to a resident on the affordable housing registry shall
not exceed the rent established by the Town Board annually
pursuant to §280-30(F) of this code.
[3] No accessory apartment shall be occupied by more than the
number of persons permitted to occupy the dwelling unit under
Section 404 of the Property Maintenance Code of the New York
State Uniform Fire Prevention and Building Code.
[4] A transient rental is prohibited.
[5] An accessory apartment shall only be occupied or otherwise
utilized in accordance with the certificate of occupancy issued for
the dwelling unit.
The premises and all structures are subject to annual review and
certification by the owner of compliance with the mandates of this chapter.
The Chief Building Inspector, Code Enforcement Officer, and Town
personnel who are engaged in the enforcement of the provisions of this
chapter are authorized to make or cause to be made inspections to
determine compliance with this chapter and are authorized to enter upon
any property for the purpose of said inspections.
The Chief Building Inspector or Code Enforcement Officer shall revoke
the certificate of occupancy for the premises when he or she finds that the
owner has caused, permitted or allowed to exist and remain upon the
premises a violation of any provision of the Code of the Town of Southold
for a period of 14 days or more after written notice has been given to the
owner.
An appeal from such revocation may be taken by the permit holder to the
Housing Advisory Commission, by written request, made within 30 days
from the date of such revocation. The Housing Advisory Commission
shall hold a public hearing on such appeal within 30 days after receipt of
written notice of such appeal and, after such hearing, shall make written
findings and a decision either sustaining such certification of occupancy
revocation or reinstating such certificate of occupancy within 30 days after
close of such public hearing.
In lieu of an inspection, the owner of the premises may submit a written
certification, within 10 days of each anniversary of the commencement of
the lease term to the Chief Building Inspector verifying that the dwelling
unit is in compliance with all of the provisions of the Code of the Town of
Southold, the laws and sanitary and housing regulations of the County of
Suffolk and the laws of the State of New York. In addition, the owner
shall certify that the tenant is a family member or currently listed on the
Town's approved housing registry in accordance with §280-13 (B)(14)(k).
If the owner fails to submit a timely verified certificate, in writing, to the
Chief Building Inspector, such shall be deemed a violation of this chapter.
Generated December 16, 2009 Page 42
Southold Town Board - Letter Board Meeting of December 15, 2009
(P)
O415)
A violation of this chapter by the owner(s) is hereby declared to be an
offense punishable by a fine not less than $1,500 nor more than $8,000 or
imprisonment for a period not to exceed six months, or both, for a
conviction of a first offense; for conviction of a second or subsequent
offense within 18 months, a fine not less than $3,000 nor more than
$15,000 or imprisonment not to exceed a period of six months, or both.
However, for the purpose of conferring jurisdiction upon courts and
judicial officers in general, violations of this chapter shall be deemed
misdemeanors, and, for such purpose only, all provisions of law relating to
misdemeanors shall apply. Each day's continued violation shall constitute
a separate additional violation.
(q) Additionally, in lieu of imposing the fine authorized in §280-13(B)(14)(p),
in accordance with Penal Law §80.05(5), the court may sentence the
defendant(s) to pay an amount, fixed by the court, not exceeding double
the amount of the rent collected over the term of the occupancy.
Bed-and-breakfasts which have been issued a bed-and-breakfast permit by the
Building Inspector. Said permit shall be issued for a term of one year if the
following conditions are met: [Amended 3-14-1989 by L.L. No. 3-1989; 2-%1995
by L.L. No. 3-1995]
(a) A smoke alarm shall be provided on each floor and in every guest room.
(b) The dwelling shall have at least two exits and there shall be a window
large enough for emergency egress in each guest room.
(c) The identification sign shall be no larger than two square feet in areas
zoned Residential-Office or higher, but there shall be no exterior signage
identifying the use as a bed-and-breakfast in residential areas.
(d) No accessory apartment, as authorized by § 280-13B(13) hereof, shall be
permitted in or on premises for which a bed-and-breakfast facility is
authorized or exists.
Historical society. [Added 11-12-1996 by L.L. No. 20-1996]
Preservation and use ora federal or state designated historic building for the
purpose of hosting community events, together with the use of part of such
building for professional offices and/or one apartment, not to exceed a total of
three uses per building, provided that such building is owned and maintained by a
not-for-profit historic organization. In no event shall there be more than one
apartment per building. [Added 10-25-2005 by L.L. No. 18-2005]
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVEDATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
Generated December 16, 2009 Page 43
Southold Town Board - Letter
Board Meeting of December 15, 2009
by law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Krupski .lr., Wickham, Evans, Russell
Generated December 16, 2009 Page 44
MARTIN D. FINNEGAN
TOWN ATTORNEY
mar tin.finnegan@town.southold.ny.us
JENNIFER ANDALORO
ASSISTANT TOWN ATTORNEY
j ennifer.andaloro@ town.southold.ny.us
LORI M. HULSE
ASSISTANT TOWN ATTORNEY
lori.hulse@town.southold.ny.us
SCOTT A. RUSSELL
Supervisor
Town H~lAnnex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1939
Facsimile (631) 765-6639
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
FE2 2 2010
To:
From:
Date:
Subject:
Ms. Elizabeth A. Neville, Town Clerk
Lynne Krauza
Secretary to the Town Attorney
February 1, 2010
LL/Amendments to Use Regulations for Accessory
Apartments/SEQRA Review
For your records, I am enclosing the original, fully executed Short
Environmental Assessment Form in connection with the referenced matter. We
have retained a copy of this document in our file.
Also enclosed is a copy of the resolution authorizing Supervisor Russell to
execute this document.
If you have any questions, please do not hesitate to call me. Thank you
for your attention.
/Ik
Enclosures
-,.,o 0RI INAL
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I - PROJECT INFORMATION (To be completed by AFplicant or Project Sponsor)
1. APPLICANT/SPONSOR [2. PROJECT NAME
Town of Southold Town Board / Amendments to Usc Regulations for Accessory Apartments
3. PROJECT LOCATION:
Suffolk
Municipality Town of Southold County
4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc, or provide map)
Agricultural Conservation (A-C) District and Low Density Residential R-80, R-120, R-200, and R400 Districts within the Town of
Southold
5. PROPOSED ACTION IS:
[] New [] Expansion [] Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-80, R-120,
R-200, and R-400 Districts and Accessory Apartments
7. AMOUNT OF LAND AFFECTED:
Initially rqA acres Ultimately NA acres
8, WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe bdefly
9 WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] 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:
Amendments to the Southold Town Code regulations require review and filing with the New
York Department of State
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
[] Yes [] No if Yes, list agency(s) name and permit/approvals:
NA
12 AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? r-]Yes r~No
. CERT,FY T.^T T.E ..FORM^T,ON PROV,DED ABOVE ,S ~RUE TO T.E BEST OF MY KNO~EDGE
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
=ART II - iMPACT ASSESSMENT (To be completed by Lead Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 6t 7.4? If yes, coordinate the review process and use the FULL EAF.
['--~ Yes [~No
L W~LL 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,
[~] Yes [~No
C, COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surtaco or groundwater quality or quantity, noise levels, existing traffic pat[em, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain bdefiy:
None
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
None
C3. Vegetation or fauna, fish, shellfish or wildlife species, signdicont 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 resou cea? 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 bdefly:
None
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly:
None
D. WILL THE PROJECT RAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA (CEA)?
N Yes ['~ No If Yes, explain bdefly:
E, IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes [] No If Yes, explain briefly:
PART Ill - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each
effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irraversibility; (e)
geographic scope; and (r) magnitude If necessaPL add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to show that ali 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.
] Checkthisb~xify~uhaveidenti~ed~ne~rm~rep~tentia~~y~arge~rsigni~can~adverseimpactawhichMAY~ccur~ ThenproceeddirectlytotheFULI
EAF and/or prepare a positive declaration.
[] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILl
NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determinatio~
Town of Southold Town Board
Name of Lead Agency
Scott Russell
Print or Type N~f Respo_ n~'n~Le~,gency
1 / 15/09
Date
Supervisor
Title of Responsible Officer
RESOLUTION 2010-106
ADOPTED
DOC ID: 5657
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-106 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 19, 2010:
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 Use Regulations within the
Agricultural Conservation (A-C) District and Low Density Residential R-80~ R-120, R-200~
and R-400 Districts and Accessory Apartments" 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 January 15, 2010, 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: Vincent Orlando, Councilman
SECONDER: William Ruland, Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans
ABSENT: Scott Russell
Page I of 1
Neville, Elizabeth
From: Neville, Elizabeth
Sent: Thursday, December 17, 2009 3:57 PM
To: Terry, Mark
Subject: Local Law Determination request
Attachments: LWRP Zoning Referral_20091217152318.pdf; Printout-5594-1034-M17230.doc
The above attachments contain a Local Law Zoning Referral to you. The first attachment is my letter to
you. The second one is the proposed Local Law. It is being sent to you electronically. You will no
longer receive a paper copy in the mail.
You may also respond back to me by e-mail, Please send it to both the Town Attomey and me at the
following e-mail addresses:
c_4~cxi_!Je(u::town.southold,ny.us
~.B~lgiB.fi nnegan ~town. so.~tho!~l~oyJ4~
Elizabeth A. Neville, RMC, CMC
Southold Town Clerk
PO Box 1179
Southold, NY 11971
Tel 631 765-1800
Fax 631 765-6145
12/17/2009
Page 1 of 1
Neville, Elizabeth
From: Neville, Elizabeth
Sent: Thursday, December 17, 2009 3:47 PM
To: Lanza, Heather
Subject: Local Law Zonin9 Referral
Attachments: PB Zonin9 Referral_20091217152410.pdf; Printout-SS94-1034-M 17230.doc
The above attachments contain a Local Law Zoning Referral to you. The first attachment is my letter to
you. The second one is the proposed Local Law. It is being sent to you electronically. You will no
longer receive a paper copy in the mail.
You may also respond back to me by e-mail. Please send it to both the Town Attorney and me at the
following e-mail addresses:
c_&cyj lle(q2town .southold.ny.us
marfin.finD¢~@gewn.southold,ny.us
Elizabeth A. Neville, RMC, CMC
Southold Town Clerk
PO Box 1179
Southold, NY 11971
Tel 631 765-1800
Fax 631 765-6145
12/17/2009
Page I of 1
Neville, Elizabeth
From: Neville, Elizabeth
Sent: Thursday, December 17, 2009 3:41 PM
To: ,andrew.frelengd~.suff~olkcountyny. R0v' 'tom.isles~d~suffelkcountvnvx]0y'
Subject: Local Law Zoning determination request
Attachments: SCPC Zonimg Referral_20091217152224.pdf; Printout-5594-1034-M 17230.doc
The above attachments contain a Local Law Zoning Referral to you. Thc first attachment is my letter to
you. The second one is the proposed Local Law. From this date forward, these requests will be sent to
you electronically. You will no longer receive a paper copy in the mail.
You may also respond back to me by e-mail. Please send it to both the Town Attorney and me at the
following e-mail addresses:
e.ncville(~3town.southold.n¥.us
lnartii~, fi~.gggan~toyyg;53).t~thold ,ny. us
Thank you for your cooperation.
Elizabeth A. Neville, RMC, CMC
Southold Town Clerk
PO Box 1179
Southold, NY 11971
Tel 631 765-1800
Fax 631 765-6145
12/17/2009
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
December 17, 2009
Re: Resolution Number 2009-972 "A Local Law
in relation to Amendments to Use Regulations
within the Agricultural Conservation (A-C) District
and Low Density Residential District R-80; R-120;
R-200, R-400 Districts and Accessory Apartments
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 December 17, 2009 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 a suitable time in order to allow
sufficient time for the To~vn Board to review it before the public heating.. This proposed local
law will also be transmitted to the Southold Town Planning Department for their review. The
date and time for this public hearing is 7:35 P.M., Tuesday, January 19, 2010. Please do not
hesitate to contact me, if you have any questions. Thank you.
Very truly yours,
ville
Southold Town 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.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Martin Sidor, Chairman
Southold Town Planning Board
54375 State Route 25
Post Office Box 1179
Southold, New York 11971
Dear Mr. Sidor,
December 17, 2009
Re: Resolution Number 2009-972 "A Local Law
in relation to Amendments to Use Regulations
within the Agricultural Conservation (A-C) District
and Low Density Residential District R-80; R-120;
R-200, R-400 Districts and Accessory Apartments
The Southold Town Board at their regular meeting held on December 17, 2009 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 a suitable time in order to allow
sufficient time for the Town Board to review it before the public heating.. This proposed local
law will also be transmitted to the Suffolk County Planning Department for their review. The
date and time for this public hearing is 7:35 P.M., Tuesday, January 19, 2010. Please do not
hesitate to contact me, if you have any questions. Thank you.
Very truly yours,
~Elizh'lSeth A. Ne?i'lle~~
Southold Town 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.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
December 17, 2009
Re: Resolution Number 2009-972 "A Local Law in
relation to Amendments to Use Regulations within
the Agricultural Conservation (A-C) District and
Low Density Residential District R-80; R-120; R-
200, R-400 Districts and Accessory Apartments
Mark Terry, LWRP Coordinator
Southold Town Planning Department
54375 State Route 25
Post Office Box 1179
Southold, New York 11971
Dear Mr. Terry,
The Southold Town Board at their regular meeting held on December 17, 2009 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 a suitable time in order to allow
sufficient time for the Town Board to review it before the public hearing.. This proposed local
law will also be transmitted to the Southold Town Planning Department and to the Suffolk
County Planning Department for their review. The date and time for this public heating is 7:35
P.M., Tuesday, January 19, 2010. Please do not hesitate to contact me, if you have any
questions. Thank you.
Very truly yours,
Southold Town Clerk
Enclosure
cc: Town Board
Town Attorney
Southold Town Board - Letter Board Meeting of December 15, 2009
RESOLUTION 2009-972
ADOPTED
Item # 5.29
DOC ID: 5594
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-972 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 15, 2009:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 15th day of December, 2009, a Local Law entitled "A Local Law in
relation to Amendments to Use Regulations within the Agricultural Conservation
District and Low Density Residential R-80~ R-120~ R-200~ and R-400 Districts and
Accesso~, Apartments" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
19th day of January, 2010 at 7:35 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Use
Regulations within the Agricultural Conservation {A-C) District and Low Density
Residential R-80~ R~120~ R-200~ and R-400 Districts and Accessory Apartments" reads as
follows:
LOCAL LAW NO. 2010
A Local Law entitled, "A Local Law in relation to Amendments to Use Regulations within
the Agricultural Conservation {A-C) District and Low Density Residential R-80~ R-120~ R-
200~ and R-400 Districts and Accessory Apartments".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
It is the intent and purpose of this law to allow accessory apartments within accessory structures
in A-C, R-80, R-120, R-200 and R-400 Districts to provide the opportunity for the development
of small rental housing designed to meet the housing needs of median income families, both
young and old, and relatives of families residing in the Town of Southold. It is also the intent of
this law to increase compliance with building and fire code, property maintenance, preserve
property values and the health, safety and welfare of the community.
II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
Generated December 16, 2009 Page 36
Southold Town Board - Letter Board Meeting of December 15, 2009
§280-4. Definitions.
ACCESSORY APARTMENT - An apartment ~ created in a presently existing
one family dwelling unit or accessory structure pursuant to §280-13B(13 or 14).
FAMILY MEMBER - The spouse, domestic partner, child, grandchild, stepchild, parent, aunt.
uncle, niece, nephew, brother or sister of the owner or of the owner's spouse or domestic partner.
TRANSIENT - A rental period of 29 days or less.
{}280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989]
In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no
building or part ora building shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any uses except the following:
Permitted uses.
( 1 ) One-family detached dwellings, not to exceed one dwelling on each lot.
(2) The following agricultural operations and accessory uses thereto, including
irrigation, provided that there shall be no storage of manure, fertilizer or other
odor- or dust-producing substance or use, except spraying and dusting to protect
vegetation, within 150 feet of any lot line: [Amended 5-23-1989 by L.L. No. 8-
1989]
(a) The raising of field and garden crops, vineyard and orchard farming, the
maintenance of nurseries and the seasonal sale of products grown on the
premises. [Amended 11-29-1994 by L.L. No. 25-1994; 5-13-1997 by L.L.
No. 8-1997]
(b) The keeping, breeding, raising and training of horses, domestic animals
and fowl (except ducks)EN on lots of 10 acres or more.
(c) Bams, storage buildings, greenhouses (including plastic covered) and
other related structures, provided that such buildings shall conform to the
yard requirements for principal buildings.
(d) The retail sale of local produce from structures of less than 20 square feet
floor area shall be set back at least 10 feet from any lot line. [Added 5-13-
1997 by L.L. No. 8-1997]
(3) Buildings, structures and uses owned or operated by the Town of Southold, school
districts, park districts and fire districts.
(4) Wineries which meet the following standards: [Added 11-29-1994 by L.L. No.
26-1994]
(a) The winery shall be a place or premises on which wine made from
primarily Long Island grapes is produced and sold;
(b) The winery shall be on a parcel on which at least 10 acres are devoted to
vineyard or other agricultural purposes, and which is owned by the winery
owner;
(c) The winery structures shall be set back a minimum of 100 feet from a
major road; and
(d)The winery shall obtain site plan approval.
Generated December 16, 2009 Page 37
Southold Town Board - Letter Board Meeting of December 15, 2009
(5) Small wind energy systems on parcels greater than seven acres in size, which
parcels are dedicated primarily to uses necessary for bona fide agricultural
production, and subject to the standards provided in Chapter 277 of this Town
Code. [Added 7-17-2007 by L.L. No. 15-2007]
Uses permitted by special exception by the Board of Appeals. The following uses are
permitted as special exception by the Board of Appeals, as hereinafter provided, and,
except for two-family dwellings and the uses set forth in Subsection B(15) hereof, are
subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No.
27-1993]
(1) Two-family dwellings not to exceed one such dwelling on each lot.
(2) Places of worship, including parish houses (but excluding a rectory or parsonage,
which shall conform to the requirements for a one-family dwelling), subject to the
following requirements:
(a) No building or part thereof shall be erected nearer than 50 feet to any
street line and nearer than 20 feet to any lot line.
(b) The total area covered by all principal and accessory buildings shall not
exceed 20% of the area of the lot.
(3) Private elementary or high schools, colleges and other educational institutions,
subject to the following requirements:
(a) No building shall be less than 50 feet from any street or lot line.
(b) The total area occupied by all principal and accessory buildings shall not
exceed 20% of the area of the lot.
(c) Any school shall be a nonprofit organization within the meaning of the
Internal Revenue Act and shall be registered effectively thereunder as
such.
(d) Any such school shall occupy a lot with an area of not less than five acres
plus one acre for each 25 pupils for which the building is designed.
(4) Nursery schools.
(5) Philanthropic, eleemosynary or religious institutions, health care, continuing care
and life facilities, but excluding facilities for the treatment of all types of drug
addiction, subject to the following requirements: [Amended 12-27-1994 by L.L.
No. 30-1994; 11-12-1996 by L.L. No. 20-1996]
(a) No building or part thereof or any parking or loading area shall be located
within 100 feet of any street line nor within 50 feet of any lot line.
(b) The total area covered by principal and accessory buildings shall not
exceed 20% of the area of the lot.
(c)The maximum height shall be 35 feet or 2 1/2 stories.
(d) The entire lot, except areas occupied by buildings or parking or loading
areas, shall be suitably landscaped and properly maintained.
(e) Any health care, continuing care or life care facility shall meet the
following standards:
[1] All buildings shall be of fire-resistive construction.
[2] All such uses shall be served by adequate water and sewer systems
approved by the Suffolk County Department of Health.
Generated December 16, 2009 Page 38
Southold Town Board - Letter
Board Meeting of December 15, 2009
[3] Patients suffering from communicable diseases shall not be
permitted in any nursing home or sanatorium. (Communicable
diseases are defined by the Sanitary Code of the Public Health
Council of the State of New York.)
[4] Eight thousand square feet of lot area shall be provided for each
patient bed.
(6) Public utility rights-of-way as well as structures and other installations necessary
to serve areas within the Town, except that wireless communication facilities
must obtain approval pursuant to Article XVII, subject to such conditions as the
Board of Appeals may impose in order to protect and promote the health, safety,
appearance and general welfare of the community and the character of the
neighborhood in which the proposed structure is to be constructed. [Amended 11-
12-1997 by L.L. No. 26-1997]
(7) Beach clubs, tennis clubs, country clubs, golf clubs and annual membership clubs
and accessory playgrounds, beaches, swimming pools, tennis courts, recreational
buildings and maintenance buildings catering exclusively to members and their
guests, subject to the following requirements: [Amended 12-27-1994 by L.L. No.
30-1994; 12-8-1998 by L.L. No. 26-1998]
(a) No building or part thereof or any parking or loading area shall be located
within 100 feet of any street line or within 50 feet of any lot line.
(b) The total area covered by principal and accessory buildings shall not
exceed 20% of the area of the lot.
(c) No such use shall occupy a lot with an area of less than three acres.
(8) Children's recreation camps organized primarily for seasonal use and subject to
the following requirements:
(a) No building, tent, activity area or recreation facility shall be less than 200
feet from any lot line, and any such building, tent, activity area or
recreation facility shall be effectively screened therefrom as required by
the Planning Board. Buildings intended for use as sleeping quarters shall
be not less than 30 feet from each other, except tents, which shall be not
less than 10 feet apart.
(b) The minimum lot area shall be not less than 10,000 square feet for each
cottage, tent or other principal building and not less than 3,000 square feet
of land area shall be provided for each person accommodated in the
buildings or tents on the premises. EN
(c) The sound level of all outdoor public-address systems shall not exceed the
intensity tolerable in a residential neighborhood.
(9) Farm labor camps, subject to the following requirements:
(a) All farm labor camps on farms shall be construed in conformance with
applicable laws and shall not be located nearer to any other residence than
the residence of the employer, except by specific review and approval of
the Planning Board.
(10) Veterinarian's offices and animal hospitals, subject to the following requirements:
(a) The housing of all animals shall be in a fully enclosed structure, if nearer
than 150 feet to any lot line.
Generated December 16, 2009 Page 39
Southold Town Board - Letter Board Meeting of December 15, 2009
(11)
(12)
(13)
Cemeteries.
Stables and riding academies. EN
One accessory apartment in an existing one-family dwelling, subject to the
following requirements:
(a) The accessory apartment shall be located in the principal building.
(b) The owner of the existing dwelling shall occupy one of the dwelling units
as the owner's principal residence. The other dwelling unit shall be leased
for year-round occupancy, evidenced by a written lease for a term of one
or more years.
(c)
(d)
(e)
(0
(g)
(h)
(i)
(j)
The existing one-family dwelling shall contain not less than 1,600 square
feet of livable floor area.
The accessory apartment shall contain not less than 450 square feet of
livable floor area.
The accessory apartment shall not exceed 40% of the livable floor area of
the existing dwelling unit and any addition thereto permitted under Section
280-13(B)(13)(j) hereof.
A minimum of three off-street parking spaces shall be provided.
Not more than one accessory apartment shall be permitted on a lot.
The accessory apartment shall meet the requirements ofa~n dwc!!ing unit
apartment as defined in § 280-4 hereof.
The exterior entry to the accessory apartment shall, to the maximum extent
possible, retain the existing exterior appearance of a one-family dwelling.
.... i~. r.~ ~.~ ~ ,t. .... :~+~ r^,,~,:~ Subiect to all other
apartm~,,,, ..............c ............... ~
restrictions and requirements in this Code, a reasonable expansion of the
existing foundation, not to exceed 25% of the living space of the existing
dwelling unit, may be permitted to accommodate the creation of an
accessory apartment.
(k) The certificate of compliance shall terminate upon the transfer of title by
the owner or upon the owner ceasing to occupy one of the dwelling units
as the owner's principal residence. In the event of an owner's demise, the
occupant of an accessory apartment may continue in occupancy until a
new owner shall occupy the balance of the dwelling or one year from date
of said demise, whichever shall first occur. [Amended 5-20-1993 by L.L.
No. 6-1993]
(1) All conversions shall be subject to the inspection of the Building Inspector
and renewal of the certificate of occupancy annually. [Amended 5-20-
1993 by L.L. No. 6-1993]
(m) The building which is converted to permit an accessory apartment shall be
in existence, ~ be eligible for or have a valid certificate of
occupancy issued prior to January 1, !98~, 2004, or proof of occupancy
prior to that date. [Amended 5-20-1993 by L.L. No. 6-1993]
Generated December 16, 2009 Page 40
Southold Town Board - Letter Board Meeting of December 15, 2009
(14)
(n) The existing building, together with the accessory apartment, shall comply
with all other requirements of Chapter 280 of the Town Code of the Town
of Southold.
(o) Notwithstanding the provisions of § 280-13B hereof, no site plan approval
by the Planning Board shall be required for the establishment of an
accessory apartment.
(p) Approval by the Suffolk County Department of Health Services of the
water supply and sewage disposal systems shall be required.
(q) No bed-and-breakfast facilities, as authorized by § 280-13B(44! 5) hereof,
shall be permitted in or on premises for which an accessory apartment is
authorized or exists. [Added 3-14-1989 by L.L. No. 3-1989]
One accessory apartment in a lawfully existing detached accessory garage, barn or
storage building, subject to the following requirements:
(a) The accessory apartment shall contain no less than 450 square feet and
shall not exceed 750 square feet of livable floor area and shall have no
more than one bathroom.
A minimum of three offstreet parking spaces shall be provided on
premises.
Not more than one accessory apartment shall be permitted on a 1o!
The accessory apartment shall meet the requirements of an apartment as
defined in Section 280-4 hereof.
The entirety of the living floor area of the accessory apartment must be on
one floor of the accessory structure.
The accessory structure which is converted to permit an accessory
apartment shall be in existence and be eligible for a pre-certificate of
occupancy or have a valid certificate of occupancy issued prior to January
1,2004.
The existing accessory structure shall comply with all other requirements
of this Chapter.
Notwithstanding the provisions of Section 280-13(B) hereof, no site plan
approval by the Planning Board shall be required for the establishment of
an accessory apartment in an accessory structure.
Approval of the Suffolk County Department of Health Services of the
water supply and sewage disposal systems shall be required.
No bed-and-breakfast facilities, as authorized by Section280-13(B)(15)
hereof shall be permitted in or on premises for which an accessory
apartment is authorized or exists.
Occupancy of resident structures on the premises shall be subject to the
following requirements:
[1 ] The owner of the premises shall occupy either the existing single
family dwelling unit or the accessory apartment in the detached
accessory structure as the owner's principal residence. The other
dwelling unit shall be leased for year round occupancy evidenced
by a written lease for a term of one or more years to:
a) a family member; or
(b)
(c)
(d)
(e)
(~)
(h)
(i)
(k)
Generated December 16, 2009 Page 41
Southold Town Board - Letter Board Meeting of December 15, 2009
O)
(m)
(n)
(o)
[21
b) to a resident who is currently on the Southold Town
affordable housing registry.
Rents charged to a resident on the affordable housing registry shall
not exceed the rent established by the Town Board annually
pursuant to §280-30(F) of this code.
[3J No accesso~ apartment shall be occupied by more than the
number of persons permitted to occupy the dwelling unit under
Section 404 of the Property Maintenance Code of the New York
State Uniform Fire Prevention and Building Code.
[4] A transient rental is prohibited.
[5] An accessory apartment shall only be occupied or otherwise
utilized in accordance with the certificate of occupancy issued for
the dwelling unit.
The premises and all structures are subject to annual review and
certification by the owner of compliance with the mandates of this chapter.
The Chief Building Inspector, Code Enforcement Officer, and Town
personnel who are engaged in the enforcement of the provisions of this
chapter are authorized to make or cause to be made inspections to
determine compliance with this chapter and are authorized to enter upon
any property for the purpose of said inspections.
The Chief Building Inspector or Code Enforcement Officer shall revoke
the certificate of occupancy for the premises when he or she finds that the
owner has caused, permitted or allowed to exist and remain upon the
premises a violation of any provision of the Code of the Town of Southold
for a period of 14 days or more after written notice has been given to the
owner.
An appeal from such revocation may be taken by the permit holder to the
Housing Advisory Commission, by written request, made within 30 days
from the date of such revocation. The Housing Advisory Commission
shall hold a public hearing on such appeal within 30 days after receipt of
written notice of such appeal and, after such hearing, shall make written
findings and a decision either sustaining such certification of occupancy
revocation or reinstating such certificate of occupancy within 30 days after
close of such public hearing.
In lieu of an inspection, the owner of the premises may submit a written
certification, within 10 days of each anniversary of the commencement of
the lease term to the Chief Building Inspector verifying that the dwelling
unit is in compliance with all of the provisions of the Code of the Town of
Southold, the laws and sanitary and housing regulations of the County of
Suffolk and the laws of the State of New York. In addition, the owner
shall certify that the tenant is a family member or currently listed on the
Town's approved housing registry in accordance with §280-13(B)(14)(k).
If the owner fails to submit a timely verified certificate, in writing, to the
Chief Building Inspector, such shall be deemed a violation of this chapter.
Generated December 16, 2009 Page 42
Southold Town Board - Letter Board Meeting of December 15, 2009
(4415)
(p) A violation of this chapter by the owner(s) is hereby declared to be an
offense punishable by a fine not less than $1,500 nor more than $8,000 or
imprisonment for a period not to exceed six months, or both, for a
conviction of a first offense; for conviction of a second or subsequent
offense within 18 months, a fine not less than $3,000 nor mom than
$15,000 or imprisonment not to exceed a period of six months, or both.
However, for the purpose of conferring jurisdiction upon courts and
iudicial officers in general, violations of this chapter shall be deemed
misdemeanors, and, for such purpose only, all provisions of law relating to
misdemeanors shall apply. Each day's continued violation shall constitute
a separate additional violation.
(q) Additionally, in lieu of imposing the fine authorized in §280-13(B)(14)(p),
in accordance with Penal Law §80.05(5), the court may sentence the
defendant(s) to pay an amount, fixed by the court, not exceeding double
the amount of the rent collected over the term of the occupancy.
Bed-and-breakfasts which have been issued a bed-and-breakfast permit by the
Building Inspector. Said permit shall be issued for a term of one year if the
following conditions are met: [Amended 3-14-1989 by L.L. No. 3-1989; 2-7-1995
by L.L. No. 3-1995]
(a) A smoke alarm shall be provided on each floor and in every guest room.
(b) The dwelling shall have at least two exits and them shall be a window
large enough for emergency egress in each guest room.
(c) The identification sign shall be no larger than two square feet in areas
zoned Residential-Office or higher, but there shall be no exterior signage
identifying the use as a bed-and-breakfast in residential areas.
(d) No accessory apartment, as authorized by § 280-13B(13) hereof, shall be
Permitted in or on premises for which a bed-and-breakfast facility is
authorized or exists.
Historical society. [Added 11-12-1996 by L.L. No. 20-1996]
Preservation and use of a federal or state designated historic building for the
purpose of hosting community events, together with the use of part of such
building for professional offices and/or one apartment, not to exceed a total of
three uses per building, provided that such building is owned and maintained by a
not-for-profit historic organization. In no event shall there be more than one
apartment per building. [Added 10-25-2005 by L.L. No. 18-2005]
IlL SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
Generated December 16, 2009 Page 43
Southold Town Board - Letter Board Meeting of December 15, 2009
by law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
Generated December 16, 2009 Page 44
#9606
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1 week(s), successively, commencing on the
7th day of January, 2010.
Principal Clerk
Sworn to before me this
LEGAL NOTICE
NOIICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN,
there has been presented to the Town
Board of the Town of Southold, Sufiblk
County, New York, on the t5th day of
December 20{)9, a Local Law entitle~t "A
Lood Law in relation to Aln¢ndmon~
tO Use Regulations within the Aericul-
LurM Conservation lA-Ct District
bow Hensitv Residential R-80. R-120
R-200. and R-400 Districts and Acces-
sory Anarlments' and
NOTICE IS HEREBY FURTHER
GIVEN that the Town Board of the Town
of Southold wig hold a public hearing on
the aforesaid LocM Law at the Southoid
Town HaIL 53095 Main Reed. Southold~
New York, on the 19th day of January,
2010, ar 7..35 p.m. at which time ail inter-
ested persons will be given an oppoltu
nity to be heard.
The proposed Local Law entitled,
Local Law in relation to Amendment~
to Use Regulations within the Apric~l-l-
rural Conservation tA-Cl_Distric/ and
Low Density Residential R-80, R-120.
R- and R-400 Distric~ts and Acces-
[t is the intent aud purpose of this law
to allow accessory apartments within ac-
cessory structures in A C, R-8{L R-120,
R 20(} and R-400 Districts to provide
the opportunity for the development of
small rental housing designed to meet
the housing needs of median income
families, both young and old, and rela-
tives of families residing in the Town of
$outhold. It is also thc intent of this law
to increase compliance with building
and fire code, property maintenance,
preserve property values and the health,
safety and we fare ff the com~nunity
Il. Chapter 280 of the Code of the
Town of Southold is hereby amended as
follows:
§280-4~ Definitions.
ACCESSORY APARTMEN'P A~n
presently existing one family dwelling
§280 13B(13 or 141.
FAMILY MEMBE~R 'l)e spous~
TRANSIENT- A rental neriod of 29
§280-13. Use regulations. [Amended
344 1989 by EL. No. 3 1989]
In A-t, R 8/), R 120. R 200 and R-400
Districts, no building or premises shall be
used and no building el part of a build-
ing shall be erected or altered x~lfich is
(11 One-family detached dwellings.
(2) The following agricultural opera-
tions and accessory uses thereto, includ
lng irrigation, provided that there shall
be no storage of manure, fertilizer or
other odov or dust-producing substance
or use, except spraying and dusling to
protect vegetation, within 150 feet of any
lot line: [Amended 5-23-1989 by L.L. N~.
g 1989]
(al The raising of field and garden
crops, vineyard and orchard farming,
the maintenance of nurseries and the
seasonal sale of products grown on the
premises. [Amended 11 29-1994 by
L.L. No. 25 1994:5 13-1997 by L.L No.
8-1997]
(b) The keeping, breeding, raising
and training of horses, domestic animals
and fowl (except ducks)EN on lots of 10
(c) Barns, storage buildings, green
houses (including plastic covered)' and
other related structures~ provided that
such buildings shall conform to the yard
requirements for principal buildings~
(d) The retail sale ol local produce
from structures of less than 211 square
feet floor area shall be set back at least
l0 feet from any lot line. ]Added 5 13-
1997 by L.L No. 8-19971
(3) Buildings, structures and uses
owned or operated by the qrbwn of
Southold. school districts, park districls
and fire districts.
(4) Wineries which meet the fifth}w-
lng standards: ]Added 11-29-1994 by
L.L. No. 26 1994]
(al The winery shall bca place or
prcmises on which wine made from pri-
marily Long lshmd grapes is produced
and sold;
(b) The winery shall be on a parcel
on which a~ least 10 acres are devoted
to vineyard or other agricultural pur-
poses, and which is owned by the winery-
owner:
(c) The winery structures shall be set
back a minimum of 100 feet from a ma-
jor road; and
(d) The winery shall obtain site plan
approval.
(5) Small wind energy systems on
parcels greater than seven acres in size.
which parcels are dedicated primarily to
uses necessary for bona fide agricultural
producfion, and subject to the standards
provided in Chapter 277 of this Town
Code. [Added 7-17-2007 by L.L. No. 15-
20{)7]
B. Uses permitted by special excep-
tion by the Board of Appeals. The fol-
lowing uses are permitted as special
exception by the Board of Appeals, as
hereinafter provided, and, except for
two family dwellings and the uses set
forth in Subsection B(Ig) hereof, are
subject to site plan approval by the Plan-
ning Board: fAmended 12-21-1993 by
L.L. No. 27-19931
(I) l~vo family dwellings not to ex-
ceed one such dwelling on each lot.
(2) Places of worship, including par
ish houses (but excluding a rectory or
parsonage, which shall conform to the
requirements for a one-family dwelling),
subject to the £ollowing requirements:
(al No building or peri thereof shall
be erected nearer than 5(I feet to any
street line and nearer than 20 feet to an3
lot line.
(b) The tmal area covered by alt prin
cipal and accessory buildings shall not
exceed 20% of the area of thc lot.
(3) Private elementary or high
schools, co0cges and other educational
instilutions, subiect to the following re-
quirements:
(al No building shall be less than 50
feet from any street or 1ol line.
(b) The total area occupied by all
principal and accessory buildings shall
not exceed 20% of the area of the lot.
(c) Any school shall be a nonprofit
organization within the meaning of the
Internal Revenue Act and shall be regis-
Icred effectively thereunder as such.
(d) Any such school shall occupy
a lot with an area of not less than five
acres plus one acre for each 25 pupils for
which the building is designed. (4) Nursery schools.
(5) Philanthropic, elcelnosynary or re
ligious institutions, health care, conbnu-
lng care and life facilities, but excluding
facilities for the treatment of all types of
drug addiction, subject to the following
requirements: ]Amended 12-27-1994 by
L.L. No. 30-1994; i1 12-1996 by L.L. No.
20 1996]
(al No building or part thereof or any
parking or loading area shall be located
within 100 feet of any street line nor
within 50 feet of any lot line.
(b) 'lhe total area covered by princi-
pal and accessory buildings shall not ex-
ceed 20% of the area of the lot.
(c) The maximum height shall be 35
feet or 2 1/2 stories.
(d) The entire lot. except areas occu
pied by buildings or parking or loading
areas, shall be suitably hmdscaped and
properly maintained.
(el Any health care~ continuing care
or life care tacility shall meet the follow-
lng standards:
]1] All buildings shall be of fire-rests
tire cxmstruction.-
[2] All such uses shall be served by
adequate water and sewer systems ap-
proved by the Suffolk County Depart-
ment of Health.
[3] Patients suffering from commu-
nicable diseases shall not be permitted
in any nursing home or sanatorium.
(Communicable diseases are defined by
the Sanitary Code of the Public Health
Council of the State of New York.)
[4] Eight thousand square feet of lot
area shall be provided for each patient
bed.
(6) Public utility rights-of-way as well
as struclm'es and other installations nec-
essary to serve areas within the Tovcn,
except that wireless communication fa-
cilities must obtain approval pursuant to
Article XVIL subject to such conditions
as the Board of Appeals may impose in
order to protect and promote the health,
safety, appearance and general welfare
of the community and the character of
the neighborhood in which the proposed
structure is to be constructed. [Amended
11-12 1997 by EL. No. 26-1997]
(7) Beach clubs, tennis clubs, country
clubs, golf clubs and annual member-
ship clubs and accessory playgrounds,
beaches, swimming pools, tennis cohrts,
recreational buildings and maintenance
buildings catering exclusively to mem-
bers and their guests, subject to the fol-
lowing requirements: [Amended 12-27-
1994 by L.L. No. 30-1994; 12-8-1998 by
L.L No. 26-1998]
(al No building or part thereof or any
parking or loading area shall be located
within 100 feet of any street line or with-
in 50 feet of any lot line.
(b) The total area covered by princi-
pal and accessory buildings shall not ex-
ceed 20% of the area of the lot.
(c) No sucti use shall occup~ a lot with
an area of less than three acres.
(8) Children's recreation camps orga-
nized primarily for seasonal use and sub
ject to the following requirements:
(al No building, tent, ax:tivity area
6r recreatinn facility shall be less than
20O feet from any lot line, 'and any such
building, tent. activity area or recreation
facility shall be effectively ~-reea~d
therefrom as required by the Planning
Board. Buildings intended for use as
sleeping quarters shall be not less than 30
feet from each other, except tents, which
shall be not less than 10 feet apart.
(b) The minimum lot area shall be not
less than 10,000 square feet for each cot-
tage, tent or other principal building and
not less than 3,000 square feet of land
area shall be provided for each person
accommodated in the buildings or tents
on the premises. EN
(il The exterior entry to thc act
apartment shelf, to the maximum
possible, retain the existing exter
pearance of a one family dwellin~
~oundat[6i;. Sub)ecl to all other
(k) The certificate of complian¢
owner's principal residence. In thc
~ p~cupancy until a new owner sb
year from date of said demise, whi,
shall first occur. [Amended 5-20-1
L.L. No. 6-1993]
(11 All conversions shall be sub
pancy annually. ]Amended 5-20-1!
L.L. No. 6-] 993]
tm) The building which is con
be in existence, and have be eJigi
or proof of occupancy prior t.
date. ]Amended 5-20-1993 by L.
6-1993]
tn) The existing building, to
ply with all other requirements of
ter 280 of the Town Code of the T,
Southold.
(o) Notwithstanding the provis
§ 280-13B hereof, no site plan ap
by the Planning Board shall be re
for the establishment of an acc
(p) Approval by the Suffolk ~
(q) No bed-and-breakfast facdi
authorized by § 280-13B(34151
shall be permitted in or on premi
which an accessory apartment is
rized or exists. ]Added 3-14-1989 l
No. 3-1989]
lawfully existing~l~tached access,
raee. barn or storage building.
the followine reouirements:
(al The accessory avartmeW
contain no less than 7~50 ~quare ft_
shall not exceed 750 square feet
able floor area and shall have n(
than one bathroom.
b A mini m of three off
mg trrigafion provided that there
be no storage of m .. shall
lot line: ~ar tl°n' within 150 feet of any
8_19891 [ nded 5-23-1989 by L.L. No.
la) The raising of field and garden
crops yineyard and
· ' orchard farming,
premises. ]Amended 11-29_ 99
E'L- No. 25- 994.5131 4 by
8-1997] , - 997 by LL No.
an?.), fl~e keeping, breedin , raj'
wi (except ducks)EN o~ , .
(c) Barns, storage buildings, green-
hou]ses !including plasiic coy?ed), and
to the yard
req~trcment,s.f?, principal builthn .
. ( ) ~lhe retail sale of lOCal p~tg)S~uce
0 feet from shall b? set back a east
any line. [Added 5 3-
997 by .L. No. 8-1997]
w2d s?ctu es and use
:,.H ~d, sch~oo~ ~ .by the Toy. of
(4) Wineries which meet
g standards: [Added the fo[hn~
L. No. 26-1994j I 1-29-1994 by
(al Thc ~inery shall be a place or
ndses on which 'Mne made from pti
rily Long Is and grapes is produced
~b) The Winery shall be on a parcel
~'hirh at leas( ltl acres are devoted
poses, and which is owned by the '
lc) The winery structures shall be set
back a mln mum of 100 feet from a ma-
(d) The Winery shall obtain site plan
approval.
(5) Small wind energy systems on
which parcels are dedicated rfi.nadly o
~eet~essary for ~na fide Pagricultur~
pro,,de °%a 27?,o eS dar
Cod p er 277 of this Town
200}~' [Added 7 17-2007 by L.L No. 15-
B. Uses permitted by special excep-
tion by the Board of Appeal& The fol-
lowing uses are permitted as special
exception by the Board of Appeals, as
hereinafter provided, and, except for
tw0-famdv dwellings and the uses set
forth in ~ubsection B(I$) hereof, are
subject to site plan approval by the Plan
ning Board: ]Amended 12-214993 bv
L.L. No. 27 ]993[
(1) Two-family dwelllngs not to ex-
(2) Places of worship, including par-
ish houses (but excluding a rectory or
parsgnage, which shall conform to the
requirements for a one family dwelling),
subject to the following requi'rements:
la) No building or ~arl thereof shag
street tine and nearer than 20 feet to aa~yy
lot bne.
lb) The total area covered by all prin-
cipal and accessory bin[dings 'shall not
(3) Prbeate elementary or high
in~titul~ ns subject 1o thc folk)wing re.
(al No buBding shall be/ess hah 50
feet from any street or lot ine.
lb) The eta area occuuied by all
principal andoaceessory buiidlngs shall
not exCeed 20 ~ of the area of the lot.
(cl. A~y school sba be a n )-
Orgamzat~on within the meanin~ -prout
g of the
Internal Revenue Act and shall be regis-
tered effectively thereunder as such
(d) Any such School shall OCCupy
a lot with an area of not less than five
acres plus on~ ~cre for e~ch 25 pupils for
whmh the building is designed
~54) N~sery schools. '
I )Phdanthropc, eleemosynarvorre.
llglous inst tufions, health ca~e c(m inu
lng care and life facilities, but excluding
facilities for the treatment of all types of
rdtrug addiction, subject to the foil
equ~rements: Ame owing
L.L No n_ n,!~;. ~ded 12-27-1994 b
20-19961
la) No building or part thereof or any
p?rk~ng or loading area shal he
w'thm 100 feet of any street /iln~e antedr
within 50 feet olany lot line.
lb) 7be lo al area covered by princi-
pal and accessory buildings shall n _
ceed 20% of the area of the lot. et ex
lc) 'File Inaximum height shag be 35
feet or 2 1/2 stories.
(d) ]'he entire lot, except areas occu-
area~ shall be suitably lagdsc~.and
properly maimained.
(el Any hca h care, conlis, ulng care
lng standards:
I1] All buildings shall be of fire-resis-
tive construction.'
I21 All such uses shall be served by
adequate water and sewer systems ap-
proved by the Suffolk County Depart-
ment of Health.
(Communicable diseases are defined by
the Sanitary Code of the Public Health
Council of the State of New York.)
[41 Eight thousand square feet of lot
area shall be provided for each patient
bed.
(6) Public utility rights of way as well
cBities must obtain approval pursuant to
as the Board of Appeals may hnpose in
order to protect and promote the health.
the neighborhood in which the proposed
/ 1-12-1997 by L.L. No. 26-19971 pancy annually. [Amended 5-20-1993 by
(7) Beac}~ clubs, tennis clubs, country ~ L.L No. 6-1993]
sh p c ubs and accessory playgrounds,
bors and their guests, subject to the fol-
lowing requirements: [Amended 12-27-
1994 by LL. No. 30-1994; 12-8-1998 by
L.L. No. 26 19981
(al No building or part thereof or any
parking or loading area shall be located
within 100 feet of any street line or with-
in 50 fee of any lot line.
lb) The total area covered by princi
pal and accessory buildings shall not ex-
ceed 20% of the area of the lot.
lc) No such use shall occupy' a lot with
an area of less than three acres.
(8) Children's recreation camps orga-
nized pr0narily for seasonal use and sub
ject to the following requirements:
(al NO building, tent, activity area
c,r recreation facility shall be less than
200 feet from any lot line, and any such
build ng, ent activity area or recreation
facility shall be effective y screened
therefrom as required by the planning
Board. Buildings intended for use as
sleeping quarters shall be not less than 30
feet from each other, except tents, which
shall be not less than 10 feet apart·
lb) The minimum lot area shall be not
less than I0,0(K) square feet for each cot-
tage. tent or other principal building and
not less than 3,0IR) square feet of land
area shall be provided for each person
accommodated in the buildings or tents
on the premises. EN
lc) "l'he sound level of all outdoor
public address systems shall not exceed
the in ensitv tolerable in a residential
neighborhood·
(9) Farm hlbor camps, subject to the
following requirements:
(al All larm labor camps on farms
shall be construed in conformance with
applicable laws and shall not be located
residence of the employer, except by
specific review and approval of the Plan-
ning Board.
(10) Veterinarian's offices and ant
mai hospitals, subject to the following
(al The housing of all animals shall
than 150 feet to any lot line. (ll) Cemeteries.
02) Stables and riding academies.
EN
existing one-family dwelling, subject to
the following requirements:
(al The accessory apartment shall be
ecu ed in the principal building.
lb) The owner of the ex sting dwelling
shall occupy one of the dwelling units as
the owner!s principal residence. The oth-
er dwelling unit shall be leased for year-
round occupancy evidenced by a written
lc) The existing one-family dwelling
shall contain not less than 1,600 square
feet of livable floor area.
(d) The accessory apartment shall
contain not less than 450 square feet of
livable floor area.
(el The accessory apartment shall not
exceed 40% of the livable Boor area of
the existing dwelling unit a~l~L~0y ad-
d~tion thereto permitted under SecBoa
2~O-13(Bl(13ffi) hereof
(fl A minimum of three off-street
parking spaces shall be provided.
(gl Not more than one accessory
apemncnt shall be permitted on a loL
th) The ccessorv apartmenl shall
meet the requirements of a~n dc, clling
m~--a~artmen_t as defined in § 280-4
hereoL
(i The exterior entry to the accessory
ap~l't ment shall, tO th~ I~ ax lm ~eml~oXrt ~
po~ible, retain the ex,sting ex
(k) '~e certificate of compliance
terminate upon the transfer of fige by
the owner or upon the owner ceasing to
occupy one of the dwell~g units as the
owner's principal residence. In the event
of an owner's demise, ~e ~cupant of
an ac~ssory apartment may continue
(m) The building which is converted
to perndt an accessory apartment shall
be tn existence, ~,l~ i1~,{ be e0g~ble for
~ a valid certificate of occupancy
issued prior fo January 1, ~ ~,
or proof of occupancy prior to that
date. IAmended 5-20-1993 by L.L No.
6 19931
(n) The existing building, together
with the accessory apartment, shall com-
ply with all other requirements of Chap-
ter 280 of the Town Code of the Town of
Southold.
(o) Notwithstanding the provisions of
§ 280-13B hereof, no site plan approval
by the Planning Board shall be required
for the establishment of an accessory
apartment.
(p) Approval by the Suffolk County
Department of Health Services of the
water supply and sewage disposal sys
terns shall be required.
(q) No bed-and-breakfast facilities, as
authorized by § 280 13B(k41~5) hereoL
shall be permitted in or on premises for
which an accessory apartment is autho
rized or exists. [Added 3-14-1989 by L.L
No. 3-1989]
~xisting~ _e4) acce~gsory g~
race. b~gg bu'l~g, sub~
b A · ~f three off street
~hall be r vi ed on
~ e emil ted ovalot.
~sory ~
meet th r inrement~ 9f an~
~t'on 280-4 hereof.
~f Bre ~
~heacce'sor tr ct re.
~o em?n cces~sory anam
~~tence~
for a re-certificate
~er ifD to of occu ancy
~otqo J nuar l 2004.
~~or' structare
shallcom I witl~all other re~ouireme~!~
exceedt erent sa lihedb the Town
e s e 'ti t u the dwell-
e ' te e e of the New
~4] A tra'~-~ n fen al is r h'?l!,ed, l
eordance wi the 'e ti icate of o c-
gx~ssued for the~
~1) The oremis~
~ sector C de orcem
d o r o nvl who ar~
enoaeed in tll~enfor~nt of ~
yi~o~s ~l this c~
glL~p~rly for ~aid insvecz
jjl!)~The ChiLl Budd n.g_!gsoector
o~ ~ode~Enforce~all re-
premis sw e h s nd that the
~st and r~remlses~a
a bed and breakfast facility is autho-
rized or exists.
tilL6) Historical society. [Added 11
12 1996 by L.L. No. 20-1996]
(J~17) Preserver on and use of a fed
oral or state designated historic balldipg
for the purpose of hosting community
events, together with the use of part of
such building for professional offices
and/et one apartment, not to exceed
a total of three uses per building, pro-
vided that such building is owned and
maintained by a not-for-profB historic
organization. In no event shall there be
more than one apartment per building·
[Added 10-25-2005 by LL. No. 18-2005[
IH. 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 iudgment
shah not affect the validity of this law as
a whole or any part thereof other than
the part so decided to be unconstltution
al or invalid.
IV. EFFECTIYE DATE
This Local Law shall take effect im
mediately upon filing with the Secretary
of State as provided by law.
Dated: December 15, 2009
BY ORDER OF
THE TOWN BOARD
OFTHETOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
~06- IT 1/7
~pproval of the Suffo klK_CountX
el2~p~ffS!l~nt of Health Services o~
water suoolv and~,2~ge~disp°sal s~Ls
~1~ shaBbe reaujl~g~L-
~t).No bed-and-breakfast facflitie~
as ant horis -d b~tLou280-13fB~]i 5 )
~eof shall be permitted in or on prem-
ises for which an accessory aoartment is
to var ne~q~Lqg~nt, fixed bY the com~
not exc~°unt of thee
rent collected over_ the term o~[ lbc oc
cupancv.
· (~l~5) Bed-and breakfasts which
have been issued a bed and-breakfast
permit by the Building Inspector. Said
permit shall be issued for a term of one
authorized or exists, year if the following conditions are met:
' (k~ Occuoancv of resident stru¢turea~ [Amended 3-14 1989 by LL No. 3 1989:
o~n ~he uremises shall be subie~cl to the 2 7-1995 by L.L No. 3 1995]
following requirements:
[!] The owner of the premises shall
occuov either the existing single famil~L
~wellin~ unit or the aecessotw anartment
in the detached accessmw structure as_
th~ _owner's orincioal residence. The oth~
~r _d. wellin~ unit shall be leased for year
round occuoancv evidenced by a wr[lten
lease for a term of one or more year~
&~a family member: or
b) lo a resident who iu currently o~n
t~_Southold Town affordable housing:
£egisttw.
g~/~Ren!~ chamed to a resident on
~rdable housine reeistrv shall not
(al A smoke alarm sha0.be provided
on each floor and in every guest room.
lb) The dwelling shall have at leasl
two exits and there shall be a window
large enough for emergency egress in
each guest room.
lc) The identification sign shall be
no larger than two square feel in areas
zoned Residential Office or higher, but
there shall be no exterior signage iden-
tifying the use as a bed-and-breakfast in
residential areas.
(d) No accessory apartment, as au
thorized by § 280-13B(t3) hereof, shall
be permitted in or on premises for which
~ven to the owner_.
(n/An apoeal fi'om such revocation
~q request, made within 30 days from
tJl0 date of such revocation. The Hou~
i_ng ~dviso~ Commission shall hold a
public hearina on ~thin 30
~h ~p~al a~er such hearina, sha~
~ocatinn or reinstating such
certificate qf occupancy within 30~
certification, withi~ays of each a~
~y Of that 9f the
~ with all of ~sious o~
~f the T wn of S uthold the
~ sanita~g reeula~
h; St~In ad-
~ ~hall~ that the
~a gcco~280-1 ~
be deemed a viol~
A ~ds chater the
~rcd to be an of-
~n shab ~aot lees thgn
~ conviction of a secoud
~ se ucnt or.us within 18 months`
~isonme~ exceed~
~ose on~ p~ovi~
~~asfitme
EAST MARION FIRE DISTRICT
Board of Fire Commissioners
PO Box 131 · Maim Road · East Marion, NY 11939
(631) 477-0163. Fax (637) 477-8310
Email: EMFDistrict@Foptonline.net
January 20,2010
Scoff Russell, Supervisor
Town of Southold
PO Box 1179
Southold, NY 11971
RECEIVED
JAN 21 010
Dear Supervisor Russell and Members of the Town Board,
We would like to respond to information in regard to the Public Hearing recently held at Town Hall relative to
Accessory Housing. Our membership has been in a steady decline over the last several years While this is
not uncommon with all volunteer fire departments are situation is quite unique due to the lack of available
housing,
Currently we have a roster of 38 members. Nine of those members live outside of the East Marion Fire
District, Additionally of the ten members that we have under the age of forty, only one of them owns their
own home, The rest either rent or live with family members or own home outside of the fire district. While
this may seem problematic, what is more startling is that in the 1960's the fire department had 72 members,
all living in East Marion.
We understand that the proposed new law does not include language far uses in Ihe R-40 zone. East
Marion is predominately R-40. We have a large stock of older homes that would be suitable for purchase
and modification to include an accessory apartmenL We also lack much in the way of vacant land, which
would support high density residences.
Please reconsider you new law to include our needs, as well as those of others in the Town. We are certain
a lot of hard work and thoughtful planning has gone into drafting this law, but we urge you to avoid creating a
situation that will continue our dowesiide
We are aware that the East Marion Stakeholders had also recommended modification of existing homes as
the most appropriate solution to our problem,
Thank you for your consideration.
Very truly yours,
Robert WaJlace, Chairman
Board of ~re OommJssioners
EBst ~rJon Fire Dis~rJot
LL/AMENDMENTS TO ACCESSORY APARTMENTS
SUMMARY OF PROPOSED CHANGES
r,r,,o, ,,, ',EREAS AND RFSOLVED THFN:
The proposed Local Law that is the subject of tonight's public hearing sets
forth certain amendments to residential zoning districts (A-C, R-80, R-120,
R-200 and R-400) that include minor changes to existing accessory
apartment regulations within principal buildings and more extensive
amendments to permit accessory apartments in certain accessory
structures.
With respect to accessory apartments in principal buildings, the Town
Board is proposing amendments that will increase the inventory of available
accessory apartments by allowing them in principle structures for which a
certificate of occupancy was issued prior to January 1, 2004. The
amendments also permit the expansion of the existing foundation of the
primary structure to accommodate an accessory apartment.
The primary purpose of the proposed amendments is to expand our code
to permit accessory apartments in certain lawfully existing accessory
structures as a means to further increase the inventory of available small
rental housing to meet the needs of median income families, both young
and old, and relatives of families residing in the Town of Southold. It is also
the intent of this law to increase compliance with building and fire codes,
property maintenance regulations and to preserve property values and the
health, safety and welfare of the community
The proposed amendments set forth parameters for construction of
accessory apartments in accessory structures, and regulations for use and
occupancy. Specifically, any newly constructed accessory apartment in an
accessory structure must be occupied by a family member of the owner or
by an individual or family currently listed on the Town's Affordable Housing
Registry. The amendments also set forth an enforcement scheme whereby
the premises and structures are subject to an annual inspection by the
Town or in lieu of such inspection, the owner may submit a written
certification verifying that the apartment is in compliance with the Code, the
County sanitary and housing regulations and the laws of the State of New
York. Violations of the code may result in the revocation of the certificate of
occupancy for the accessory apartment and/or a range of fines depending
on the number of offenses.
Already of record for this public hearing are the following documents:
1) A letter dated January 13, 2010 from Chief Planner Andrew Freleng
of the Suffolk County Department of Planning setting forth the
Planning Commission's consideration of this matter as one for local
determination.
2) A Memo to the Town Board dated January 15, 2010 from the
Chairman of the Planning Board setting forth the Planning Board's
comments on the proposed local law, all of which were considered
and discussed by the Town Board at Today's work session. The
Planning Board has recommended the elimination of the lease
requirement in Section 280-13(B) (14)(k)(1) for family member
occupants; review of the transient rental definition; reconsideration of
the maximum size limit as a fixed size rather than as a percentage of
existing livable floor area; extension of eligibility to buildings or
structures that have a CO issued as of the date of enactment rather
than prior to January 1, 2004; and the extension of the legislation to
commercial zones as well.
3) A Memo to the Town Board dated January 15, 2010 from Mark Terry,
LWRP Coordinator recommending that the proposed law is
Consistent with the LWRP together with a Short Environmental
Assessment Form confirming that the proposed law will not result in
any significant adverse environmental impacts
4) ^ letter dated this day from Patricia Moore Esq. stating her strong
support for the legislation and suggesting certain changes including
the expansion of the definition of "Family Member" to include "care
givers"; the elimination of the single floor restriction on accessory
apartments in Section 14(e); the expansion of the affordable housing
registry conditions to include more categories of eligible occupants
including teachers, fire fighters etc.; and other changes similar to
those suggested by the Planning Board including extending the
eligibility to structures with CO's issued currently and eliminating
leases for family member occupants.
5) There are also copies of legal notices and certifications that the
proposed local law and this public hearing were duly noticed in the
Suffolk Times.
6)
PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold, New York 11971
Tel: (631) 765-4330
Fax: (631) 765-4643
January 19, 2010
Supervisor Scott Russell
Southold Town Board c/o Town Clerk
Southold Town Hall
Southold, NY 11971
RECEIVED
JAN 1 9 2010
Town Clerl~
Margaret Rutkowski
Betsey Perkins
Secretaries
Re: Accessory Apartment Law
Public Hearing: January 19, 2010
Dear Supervisor and Members of the Board:
I can not be present at your
apartment legislation tonight, but
for this legislation.
public hearing for the accessory
I wish to state my strong support
I commend you for trying to address the problem many Southold
residents are experiencing with the current state of the economy which
has caused families to move in together. College graduates and
retired seniors are finding it necessary to move in with their
families. Basements are being used to house families. This community
has old barns and garages which can be retrofitted to create safer and
more suitable spaces.
1. As I understand this legislation, the accessory apartment
code will apply to R-40 Zoning Districts by incorporation of the 280-
13 (B) uses. I strongly support allowing accessory apartments in R-40
Zoning Districts, as well as other zoning districts, because it is
where many of the residents which are finding it difficult to keep
their homes or need to make room for their families are living. My
letter to you in March of 2009 requesting legislation allowing more
flexibility with the accessory apartment legislation was my reaction
to discussions with clients living in the R-40 Zoning Districts.
I would respectfully suggest the following changes to the
proposed legislation:
280-4 Definitions: "Family member"- please include "care givers" of
spouse, domestic partner, child, grandchild, stepchild etc. Some
elderly and parents of children need live-in care givers. The
detached accessory structure would be a perfect space. Generally, the
care giver does not pay rent but housing is part of the compensation
for the care giver's services. The detached accessory space provides
both privacy and a family living environment.
(13) (m) you limit the conversion of buildings for accessory
apartments to those buildings in existence with a C.O. prior to
January 1, 2004. There should be no limitation by date of C.O. on
the conversion.
(14) (e) ~'the entirety of the living floor area of the accessory
apartment [for a detached structure] must be on one floor of the
accessory structure." I disagree. This condition cause buildings and
living spaces to be spread out and larger then they need to be in
order to place all the living space on one floor. The living space
in existing buildings (barns & accessory buildings) often fit on two
floors without any need for exterior changes. There are many
accessory structures which do not have room for all the living space
on one floor. You already limit the size of the living area to 750
sq.ft., this size limitation provides the protection needed without
placing unnecessary design restrictions on an existing structure. 14
(e) should be eliminated.
(14) (f) Do not limit the use of accessory buildings to detached
structures with a C.O. prior to 1/1/2004. If a family needs space,
it is best to use accessory buildings. If you continue this
limitation in the code, owners have to build large connections between
the house and accessory building to use the accessory building for
living space.
(14) (k) Occupancy: If the accessory apartment or dwelling is occupied
by family members there should be no need for a lease. Most families
do not prepare leases for family members or care givers. This is also
in (13) (b).
Please review the affordable housing registry conditions. If
there is no one on the affordable housing registry available- or the
tenant on the registry may not want to rent a particular available
apartment- there should be a procedure to rent outside the
restrictions of (k) (1). A teacher, doctor, police officer, etc. may
make too much money to be on the ~Southold Town affordable housinq
registry" but we want to keep a person who works in the Town of
Southold (or Greenport)living in Southold. Please add more categories
of eligible tenants for the occupancy of an accessory apartment in a
detached structure.
Commercial Zoning Districts:
The zoning code should clarify (which is presently less than clear)
that accessory apartments in commercial districts do not require a
"special exception", they are a permitted (as of right) accessory
uses.
Please provide that in RO and HB, accessory apartments over
businesses, attached to businesses, or in detached structures are
allowed. In all the Hamlets, there are some nice accessory structures
which could be converted to apartments. Some existing principal
buildings in Southold (and other Hamlets) are in a Historic District
and flexibility of placement and design of accessory apartments in
detached accessory structures would simplify the regulatory process
for owners as well as preserve the character of the Hamlets.
(P) Violations- until this law is tested and applied, the fines should
be no less than $500, rather than $1,500.
I thank the Board for considering my comments. If the use is
made legal, with proper permits, safe spaces will be created. The Town
can collect taxes for the legal improvements and you have made the
Town of Southold a place where families are welcomed. I am always at
your service to assist in implementing good legislation.
~lcia C. Moore
PLANNING BOARD MEMBERS
MARTIN H. SIDOR
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JOSEPH L. TOWNSEND
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
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
MEMORANDUM
To:
Scott Russell, Town Supervisor
Members of the Town Board
From:
Martin Sidor, Planning Board Chairperson
Date:
January 15, 2010
Re:
Planning Board Comments on "A Local Law in relation to
Amendments to Use ReRulations within the A,qricultural
Conservation (A-C) District and Low Density Residential R-80~
R-120, R-200, and R-400 Districts and Accessory Apartments"
The Planning Board has reviewed the above proposed legislation and offers the
following comments and recommendations:
§280-13 B. (14)(k)[1] Occupancy. Requiring a lease for family members
could be burdensome and result in additional unnecessary costs to family
members. It is recommended that a simple legal instrument (affidavit) be
included as a second option for family member occupants.
The Southold Town Code requires a one year occupancy in §280-13 B.
(14)(k)[1], and also prohibits "transient rentals" in §280-13 B. (14)(k)[4],
which is defined as less than 29 days. The question of whether a person
can rent out an accessory apartment for one month, or a summer, or
some other length of time between 29 days and one year was raised. This
should be clarified in the code.
Recent case history indicates that the maximum size limit established by
§ 280-13.B.(13)(e) (text below) is too large in situations where the
principal dwelling unit is substantial in size.
The accessory apartment shall not exceed 40% of the livable floor
area of the existing dwelling unit.
It is recommended that either a maximum size for an accessory apartment
be stated, or a sliding scale be developed linking apartment size to the
livable floor area of the existing dwelling unit or principal dwelling.
4. Item (13) m. § 280-13. Use regulations. [Amended 3-14-1989 by L.L. No.
3-1989] item 13 (m) requires "the building which is converted to an
accessory apartment...be el~qible for or have a valid certificate of
occupancy prior to January 1, 2004 or proof of occupancy prior to that
date".
Individuals who purchased single family homes built after January 1, 2004
and those who constructed single family homes in the high priced housing
market are excluded from the ability to construct an accessory apartment.
It is recommended that the Board consider changing the cutoff date to the
same day this legislation is adopted.
This section also needs to be clarified with respect to what does it mean
that a building was eligible for a c.o. by the cutoff date? How is that
proven?
5. The code does not clearly differentiate between affordable and market-
rate accessory apartment requirements. It is recommended that the term
"affordable" be added to the applicable sections.
6. The proposed local law excludes the ability to locate an affordable
apartment within a detached structure within the commercial districts
which allow residential use; specifically RO, HB and B. Currently
accessory apartments are permissible only within "principal buildings"
within these districts. Most of these zoning districts are located within and
around Hamlet Centers where apartments should be located to take
advantage of the infrastructure that would support such uses (public
water, sidewalks etc.) Additionally, the outlying areas immediately around
the Hamlet Centers within these zones contain large older homes with
outbuildings that could be suitable for such uses. It is recommended that
the Board evaluate the exclusion of these districts from the proposed local
law.
There is a discrepancy in the Hamlet Business (HB) district code with
respect to Accessory Apartments. The HB code refers back to this
proposed amended code section. Accessory apartments have two
conflicting sets of rules - one in the Special Exception use category where
they must follow the A-C zone code, allowing only one per residence, and
the other in the Accessory Use category where there can be 3 per
principal building. We believe the two categories were enacted to account
for the fact that there are both residential and commercial uses allowed in
the zone. The Special Exception option for one per residence being for
residential uses (otherwise you'd be creating an apartment building or
"multi-family" residence which is handled under residential site plans in the
code). The option under Accessory Uses is clearly meant for the
commercial uses where it should be simple to allow for more than one
apartment in a commercial building. We recommend the remedy be to
insert the word "commercial" between "principal" and "building" in § 280-45
C. (2).
Further, a maximum size is recommended instead of the 40% limit.
Commercial buildings can be large and 40% could allow for a very large
apartment where more than one would better suit the town's goals.
OFFICE LOCATION:
Town H~II Annex
543?5 State Route 25
(cot Ma/n Rd. & ¥oungs Ave.)
Southold, NY 1197!
MAII~NG ADDRESS:
P.O. Box 1179
Sou~hold, N'Y 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL ~gATERFRO!NT REVITALIZATION PROGRA/VI
TOWN OF SOUTHOLD
MEMORANDUM
To: Supervisor Scott Russell
Town of Southold Town Board
From: Mark Terry, Principal Planner
LWRP Coordinator N~.J
Date: January 15, 2010
Re:
Local Waterfront Revitalization Program Consistency Review for consideration of
"A Local Law in relation to Amendments to Use Regulations within the
Agricultural Conservation (A-C) District and Low Density Residential R-80, R-
120, R-200, and R-400 Districts and Accessory Apartments"
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, Jt 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
'd LO~'ON ~d90:¢
11:59 G31-85~-4044 S C PLANING DEPT PAGE
R~CEIVED
COUNTY OF SUFFOLK
1 3 20]0
DEPARTMENT OF PLANNING
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
THOMAS A. ISLES, A.I.C.P
DIRECTOR OF PLANNING
January I3,2010
Town of Southold
PO Box 1179
Southold, New York 11935
Att: Ms. Elizabeth A, Neville, Clerk
Applicant:
Zoning Action:
Public Hearing Date:
S.C.P.D. File No,:
Town of Southold '
Amendments: Section 28-13 "Use
Regulations within AC District & R-80,
R-120, R-200 & R-400 Districts and
Accessory Apaztments"
1/19/10
SD-09-17
Dear Ms, Neville:
Pursuant to the requirements of Sections A14-14 tlwu 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 them is no
apparent significant county-wide or inter-community impact(s). A decision of local determination
should not be construed as either an approval Or disapproval.
Very truly yours,
Thomas A. Isles, A?........,~..~2-----~---~
,q.narew r. r rc-leng
Chief Plarmer
APF:ds
LOCATION MAILING ADDRESS
N LEE DENNISON BLDG.- 4TH FLOOR P.O. [lOX 61~ (631] 853-5191
100 VETEI;~,N$ MEMORIAL HIGHWAY HAUPPAUGE, NY 11786-0099 TELECOPIER (631) 853-4044
$17.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
'ART I - PROJECT INFORMATION 0'o be completed by AFplicant or Project Sponsor~
1 APPLICANT/SPONSOR J2. PROJECT NAME
Town of Southold Town Board J Amendments to Use l~ulations for Accessory Apanmcats
¥ PROJECT LOCATION;
Municipality To'~m ofSoutttold County Suffolk
4. PRECISE LOCATION (Slmet addras$ and road Imsrse~oas, prominent landmarks, etc., ot provide map)
Agricultural Co~ervation (A-C) District a~d Low Density Residmfial R-S0, R-120, ~-200, a~d ~-400 Dismcts within the Toum of
Soufl~old
5 PROPOSED ACTION IS;
[] New [] Expall~ion [] Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
Amendments to Use Regulations within the Agricultural Conse/wation (A-C) Distx-ict and Low Dellsity Residential R-gO, R-I
and R-400 Districts and Accessm7 Apamnents
7 AMOUNT OF LAND AFFECTED:
In[[lally l~A acres Ultimately I~A acres
§ W[kL PROPOSED ACTION COMPLY WiTH EXISTING ZONING OR OTHER EXISTING LAND USE [~ESTRiCTiONS? [] Yes [] No If NO, describe bdefly
9. WHAT iS PRESENT L~ND USE IN VICINITY OF PROJECT?
Descn~e:Residanfia~ [] Indusldal [] Commercial [] Agfiuulture [] Park/Forest/Open Spaoa [] Other
10. DOES ACTION INVOLV~ A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDERAL. STATE OR LOCAL)7
[] Yes [] No If Yes, I~st agency(s) name and permifJapprovals:
Amendments to the Southold Town Code radiations require review and filing with the New
York Departmont of State
11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLy VALID PBRMIT OR APPROVAL?
] ] Yes [] No If 'Cea. list agency(s) name and permit/approvals;
NA
AS A RESULT OF PROPOSED ACTION WILL EXi~I'ING PERMIT/APPROVAL REQUIRE MODIFICATION?
~]Yes r~No
I CERTIFy THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BE~T OF MY KNOWI.~D~E
A~plieantJspe nsor name; Date; 1/15/0~
IIf the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessme,nt Form before proceeding with this assessment J
OVER
'
'ON
PART II - iMPACT ASSESSMENT (To be completed by L~ad Agency)
A. DOES ACT1ON ~CEED ANy TYPE I THRESHOLD IN 6 NYCRR, PART 617-47 tf ~es. coordlnale the review flrosess arid use ~.he FULL EAF.
~]Yes ['~No
e. WILL ACTION RECEI~/E COORDINATED REVIEW/AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a Olegative
dectatation may be superseded by another Involved agency.
[~Yes [~lNo
C, COULD ACTION RESULT tN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air Cluslity. surface er groundwater quality or quantity, noise levels, e~sting tramc paflern, solid wasfe preclusion or disposal.
pol~rrlial far erosion, drainage or flooding problems? Exptain bdefr~:
Nonc
C2. Aesthetic. agricultural, archaeological hlstnde, or other natural or c~ltural resources; or semmuhRy or neighborhood charac[e~ Explain briery:
None
C3, Vegetation or fauna, fish, shellfish or wiMli~e specJe~, significant habitats, or threatened or endangered species? Explain briefly;
None
C4, A c~rnmunity's existing plans or goals as oilldally adopted, or a change in use or tntenslb' of use of land or other natural resc~mes? Explain brle/ly;
Nor~e
C5. GroWth, suesequent development, or mlate~ activities Iii(ely to ba ~duc~d by the propo~cl scti0n? Explaln briefly:
None
C6. Long tenn. short term, cumulati'.e, or other effects not iden~ed in CI-C57 Espla[n briefly;
None
C7 Other impac~ (indufling changes in use Of either quanflty or lype of ei~rgy)? Explain bl~qy;
None
D, WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA
[] Yes [] No ~fYes esptaln brlelly;
E, 15 THERE. OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes [] No If Yes. explain briefly:
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each advem.,e effect k~antified above, determine whether it is sLib$(a0tial, la.jo, important or otherwise significant. Each
effect shoulcl be assessed in connection with its Ia) setting (i.e. udoan or rural); (b) probability of occurring: (c) duration; Id) irreversibility; Ia)
geographic scope; and It) roagnttude, If necessary, add attachroents 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 Pa~ II was checked
yes, the determinatlor~ of significance must evaluate the potential irope~t of the proposed action on the environmental characteristics of the CEA.
EAF and/or prepare a poslgve declarotion.
Town of Southold Town Board
Name of Lead A~en;y
Scott Russell
Print or Type Name of Responsible O~ficer i~ Lead Agency
Signature of Responsible officer in Lead Agency
1/15/09
Supervisor
Title Of Respo~sibta Officer
sig,~,."~e o rP/~parer (I f diffe~on~tble offi~O
~ 'd IOt'ON ~dLO:~ OLOCGLNVI
Page I of l
Cooper, Linda
From: Cooper, Linda
Sent: Tuesday, December 29, 2009 10:00 AM
To: Suffolk Times Legals
Subject: Accessory Apt 1-19-10
Attachments: ,Accessory Apt 1-19-10doc
Hi,
Here we go again. Please confirm receipt of this Legal Notice of Public Hearing for the 1/7/10 issue of the
Suffolk Times.
Thank you.
Linda Cooper
Happy and Health New Year!
12/29/2009
ELIZABETH A. NEVILLE, [LMC, CMC
TOWN CLERK
REGISTRAR OF VIT.~,.L 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
Martin Sidor, Chairman
Southold Town Planning Board
54375 State Route 25
Post Office Box 1179
Southold, New York 11971
Dear Mr. Sider,
December 17, 2009
Re: Resolution Number 2009-972 "A Local Law
in relation to Amendments to Use Regulations
within thc Agricultural Conservation (A-C) District
and Low Density Residential District R-80; R-120;
R-200, R-400 Districts and Accessory Apartments
The Southold Town Board at their regular meeting held on December 17, 2009 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 a suitable time in order to allow
sufficient time for the Town Board to review it before the public hearing.. This proposed local
law will also be transmitted to the Suffolk County Planning Department for their review. The
date and time for this public hearing is 7:35 P.M., Tuesday, January 19, 2010. Please do not
hesitate to contact me, if you have any questions. Thank you.
Very truly yours,
Elizg6ethA. Ne?i'] 'e~
Southold Town Clerk
Enclosure
cc: Town Board
Town Attomey
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
Martin Sider, Chairman
Southold Town Planning Board
$4375 State Route 25
Post Office Box 1179
Southold, New York 11971
Dear Mr. Sider,
December 17, 2009
Re: Resolution Number 2009-972 "A Local Law
in relation to Amendmants to Use Regulations
within the Agricultural Conservation (A-C) District
and Low Density Residential District R-80; R-120;
R-200, R-400 Districts and Accessory Apartments
The Southold Town Board at their regular meeting held on December 17, 2009 adopted the
resolution referenced above. A certified copy is enclosed.
Please prepare an official report defining the Planning Deparht~ent's recommendations with
regard to this proposed local law and forward it to me at a suitable time in order to allow
sufficient time for the Town Board to review it before the public hearing.. This proposed local
law will also be transmitted to the Suffolk County Planning Department for their review. The
date and time for this public heating is 7:35 P.M., Tuesday, January 19, 2010. Please do not
hesitate to contact me, if you have any questions. Thank you.
Very truly yours,
Eliz~eth A. Neville
Southold Town Clerk
Enclosure
cc: Town Board
Town Attorney
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 o~q~ day of~zd., ,2009, 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: Accessory Apts
-C:57 Elizab~ih ,~.. Neville
Southold Town Clerk
Swom before n~9 this ~ ~
day of ~t~-,... ,2005.
]Notary Public ' -
NOTARY PUBLIC, State of New York
NO. 01 BO6020932. Suffolk County
Term Expires March 6, 20 ~. ~
Page I of I
Neville, Elizabeth
From: Neville, Elizabeth
Sent: Thursday, December 17, 2009 3:57 PM
To: Terry, Mark
Subject: Local Law Determination request
Attachments: LWRP Zoning Referral_20091217152318.pdf; Printout-5594-1034-M17230.doc
Tracking: Recipient Delivery Read
Terry, Hark Delivered: 12/17/2009 3:57 PH Read: 12/18/2009 8:53 AM
The above attachments contain a Local Law Zoning Referral to you. The first attachment is my letter to
you. The second one is the proposed Local Law. It is being sent to you electronically. You will no
longer receive a paper copy in the mail.
You may also respond back to me by e-mail. Please send it to both the Town Attorney and me at the
following e-mail addresses:
~,neville~2town.southold.n~
martin.finn~g0nQjtown.sou!l~ok~,nx,us
Elizabeth A. Neville, RMC, CMC
Southold Town Clerk
~O Box 1179
NY 11971
Ye1631 765-1800
Fax 631 765-6145
1/8/2010
Page 1 of 2
Neville, Elizabeth
From: Neville, Elizabeth
Sent: Thursday, December 17, 2009 4:20 PM
To: Rudder, Lynda; Cooper, Linda
Subject: FW: Local Law Zoning determination request
Tracking: Recipient Delivery Read
Rudder, Lynda Delivered: 12/17/2009 4:20 PH Read: 12/18/2000 8:07 AM
Cooper, Unda Delivered: 12/17/2009 4:20 PH
This is unbelievable!!!
Elizabeth A. Neville, RMC, CMC
Southold Town Clerk
PC) Box 1179
Southold, NY 11971
Tel 631 765-1800
Fax 631 765-6145
From: Freleng, Andrew [mailto:Andrew,Freleng@suffolkcountyny.gov]
Sent: Thursday, December 17, 2009 4:09 PM
To: Neville, Elizabeth
Cc: Isles, Tom
Subject-' RE: Local Law Zoning determination request
Dear Ms. Neville:
OThank you for your correspondence. Please be advised that the Suffolk County Planning Commission currently
does not have a policy on the acceptance of GML 239 and Suffolk County Administrative Code (section A14)
referrals from local governments. As such, we can only accept your e-mail transmittal as an informal notification.
Please provide a hard copy via regular mail (as per section 3.2 of the Suffolk County Planning Commission
Guidebook) so that we may begin the formal review process pursuant to the Suffolk County Administrative Code
(section A14-15 D).
Thank you.
Andrew P. Freleng
Chief Planner
Suffolk County Department of Planning
631.853.5006
From: Neville, Elizabeth [mailto:E,Neville@town.southold.ny.us]
Sent: Thumday, December 17, 2009 3:41 prq
1o: Freleng, Andrew; Isles, Tom
Subject: Local Law Zoning determination request
The above attachments contain a Local Law Zoning Referral to you. The first attachment is my letter to
you. The second one is the proposed Local Law. From this date forward, these requests will be sent to
you electronically. You will no longer receive a paper copy in the mail.
You may also respond back to me by e-mail. Please send it to both the Town Attorney and me at the
following e-mail addresses:
martin.finneganQ~,tow n.southold.ny.us
1/8/2010
Thank you for your cooperation.
Page 2 of 2
Elizabeth A. Neville, RMC, CMC
Southold Town Clerk
PO Box 1179
Southold, NY 11971
Tel 631 765-1800
Fax 631 765-6145
1/8/2010
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 15t~ day of December 2009, a
Local Law entitled "A Local Law in relation to Amendments to Use Regulations
within the Agricultural Conservation {A-C) District and Low Density Residential R-
80, R-120, R-200~ and R-400 Districts and Accessory Apartments" and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of
Southold will hold a public hearing on the aforesaid Local Law at the Southold Town
Hall, 53095 Main Road, Southold, New York, on the 19th day of January, 2010 at 7:35
p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Use
Regulations within the Agricultural Conservation {A-C) District and Low Density
Residential R-80~ R-120~ R-200, and R-400 Districts and Accessory Apartments"
reads as follows:
LOCAL LAW NO. 2010
A Local Law entitled, "A Local Law in relation to Amendments to Use Regulations
within the Agricultural Conservation (A-C) District and Low Density Residential R-
80~ R-120~ R-200~ and R-400 Districts and Accessory Apartments".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
It is the intent and purpose of this law to allow accessory apartments within accessory
structures in A-C, R-80, R-120, R-200 and R-400 Districts to provide the opportunity for
the development of small rental housing designed to meet the housing needs of median
income families, both young and old, and relatives of families residing in the Town of
Southold. It is also the intent of this law to increase compliance with building mid fire
code, property maintenance, preserve 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:
{}280-4. Definitions.
ACCESSORY APARTMENT An apartment A ~wc!!ing unit created in a presently
existing one family dxvelling unit or accessory structure pursuant to §280-13B(.13 or 14).
FAMILY MEMBER - The spouse, domestic partner, child, grandchild, stepchild, parent,
aunt, uncle, niece, nephew, brother or sister of the owner or of the owner's spouse or
domestic partner.
TRANSIENT - A rental period of 29 days or less.
§280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989]
In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used
and no building or part of a building shall be erected or altered which is arranged,
intended or designed to be used, in whole or in part, for any uses except the following:
Permitted uses.
(1) One-family detached dwellings, not to exceed one dwelling on each lot.
(2) The following agricultural operations and accessory uses thereto,
including irrigation, provided that there shall be no storage of manure,
fertilizer or other odor- or dust-producing substance or use, except
spraying and dusting to protect vegetation, within 150 feet of any lot line:
[Amended 5-23-1989 by L.L. No. 8-1989]
(a) The raising of field and garden crops, vineyard and orchard
farming, the maintenance of nurseries and the seasonal sale of
products grown on the premises. [Amended 11-29-1994 by L.L.
No. 25-1994; 5-13-1997 by L.L. No. 8-1997]
(b) The keeping, breeding, raising and training of horses, domestic
animals and fowl (except ducks)EN on lots of 10 acres or more.
(c) Bains, storage buildings, greenhouses (including plastic covered)
and other related structures, provided that such buildings shall
conform to the yard requirements for principal buildings.
(d) The retail sale of local produce from structures of less than 20
square feet floor area shall be set back at least 10 feet from any tot
line. [Added 5-13-1997 by L.L. No. 8-1997]
(3) Buildings, structures and uses owned or operated by the Town of
Southold, school districts, park districts and fire districts.
(4) Wineries which meet the following standards: [Added 11-29-1994 by L.L.
No. 26-1994]
(a) The winery shall be a place or premises on which wine made from
primarily Long Island grapes is produced and sold;
(b) The winery shall be on a parcel on which at least 10 acres are
devoted to vineyard or other agricultural purposes, and which is
owned by the winery owner;
(c) The winery structures shall be set back a minimum of 100 feet
from a major road; and
(d) The winery shall obtain site plan approval.
(5) Small wind energy systems on parcels greater than seven acres in size,
which parcels are dedicated primarily to uses necessary for bona fide
agricultural production, and subject to the standards provided in Chapter
277 of this Town Code. [Added 7-17-2007 by L.L. No. 15-2007]
Uses permitted by special exception by the Board of Appeals. The following uses
are permitted as special exception by the Board of Appeals, as hereinafter
provided, and, except for two-family dwellings and the uses set fbrth in
Subsection B(15) hereof, are subject to site plan approval by the Planning Board:
[Amended 12-21-1993 by L.L. No. 27-1993]
(1) Two-family dwellings not to exceed one such dwelling on each lot.
(2) Places of worship, including parish houses (but excluding a rectory or
parsonage, which shall contbrm to the requirements for a one-family
dwelling), subject to the following requirements:
(a) No building or part thereof shall be erected nearer than 50 feet to
any street line and nearer than 20 feet to any lot line.
(b) The total area covered by all principal and accessory buildings
shall not exceed 20% of the area of the lot.
(3) Private elementary or high schools, colleges and other educational
institutions, subject to the following requirements:
(a) No building shall be less than 50 feet from any street or lot line.
(b) The total area occupied by all principal and accessory buildings
shall not exceed 20% of the area of the lot.
(c) Any school shall be a nonprofit organization within the meaning of
the Internal Revenue Act and shall be registered effectively
thereunder as such.
(d) Any such school shall occupy a lot with an area of not less than
five acres plus one acre for each 25 pupils for which the building is
designed.
(4) Nursery schools.
(5) Philanthropic, eleemosynary or religious institutions, health care,
continuing care and life lhcilities, but excluding facilities for the treatment
of all types of drug addiction, subject to the following requirements:
[Amended 12-27-1994 by L.L. No. 30-1994; 11-12-1996 by L.L. No. 20-
1996]
(a) No building or part thereof or any parking or loading area shall be
located within 100 feet of any street line nor within 50 feet of any
lot line.
(b) The total area covered by principal and accessory buildings shall
not exceed 20% of the area of the lot.
(c)The maximum height shall be 35 feet or 2 1/2 stories.
(d) The entire lot, except areas occupied by buildings or parking or
loading areas, shall be suitably landscaped and properly
maintained.
(e) Any health care, continuing care or life care facility shall meet the
following standards:
] 1] All buildings shall be of fire-resistive construction.
[2] All such uses shall be served by adequate water and sewer
systems approved by the Suflblk County Department of
Health.
[3] Patients suffering from communicable diseases shall not be
permitted in any nursing home or sanatorium.
(Communicable diseases are defined by the Sanitary Code
of the Public Health Council of the State of New York.)
[4] Eight thousand square feet of lot area shall be provided for
each patient bed.
(6) Public utility rights-of-way as well as structures and other installations
necessary to serve areas within the Town, except that wireless
communication facilities must obtain approval pursuant to Article XVII,
subject to such conditions as the Board of Appeals may impose in order to
protect and promote the health, safety, appearance and general welfare of
the community and the character of the neighborhood in which the
proposed structure is to be constructed. [Amended 11-12-1997 by L.L. No.
26-1997]
(7) Beach clubs, tennis clubs, country clubs, golf clubs and annual
membership clubs and accessory playgrounds, beaches, swimming pools,
tennis courts, recreational buildings and maintenance buildings catering
exclusively to members and their guests, subject to the following
requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 12-8-1998 by
L.L. No. 26-1998]
(a) No building or part thereof or any parking or loading area shall be
located within 100 feet of any street line or within 50 feet of any
lot line.
(b) The total area covered by principal and accessory buildings shall
not exceed 20% of the area of the lot.
(c) No such use shall occupy a lot with an area of less than three acres.
(8) Children's recreation camps organized primarily ~br seasonal use and
subject to the following requirements:
(a) No building, tent, activity area or recreation facility shall be less
than 200 feet from any lot line, and any such building, tent, activity
area or recreation facility shall be effectively screened therefrom as
required by the Planning Board. Buildings intended for use as
sleeping quarters shall be not less than 30 feet from each other,
except tents, which shall be not less than 10 feet apart.
(b) The minimum lot area shall be not less than 10,000 square feet for
each cottage, tent or other principal building and not less than
3,000 square feet of land area shall be provided for each person
accommodated in the buildings or tents on the premises. EN
(c) The sound level of all outdoor public-address systems shall not
exceed the intensity tolerable in a residential neighborhood.
(9) Farm labor camps, subject to the tbllowing requirements:
(a) All farm labor camps on farms shall be construed in conformance
with applicable laws and shall not be located nearer to any other
residence than the residence of the employer, except by specific
review' and approval of the Planning Board.
(10) Veterinarian's offices and animal hospitals, subject to the tbllowing
requirements:
(a) The housing of all animals shall be in a fully enclosed structure, if
nearer than 150 feet to any lot line.
(11) Cemeteries.
(12)
(13)
Stables and riding academies. EN
One accessory apartment in an existing one-family dwelling, subject to the
following requirements:
(a) The accessory apartment shall be located in the principal building.
(b) The owner of the existing dwelling shall occupy one of the
dwelling units as the owner's principal residence. The other
dwelling unit shall be leased for year-round occupancy, evidenced
by a written lease for a term of one or more years.
(c) The existing one-family dwelling shall contain not less than 1,600
square feet of livable floor area.
(d) The accessory apartment shall contain not less than 450 square feet
of livable floor area.
(e) The accessory apartment shall not exceed 40% of the livable floor
area of the existing dwelling unit and any addition thereto
permitted under Section 280-13(B)(13)(i) hereof.
(f) A minimum of three off-street parking spaces shall be provided.
(g) Not more than one accessory apartment shall be permitted on a lot.
(h) The accessory apartment shall meet the requirements of a~n
~ apartment as defined in § 280-4 hereof.
(i) The exterior entry to the accessory apartment shall, to the
maximum extent possible, retain the existing exterior appearance
of a one-family dwelling.
..... v ......... , .............................. ~ ............. Su ect to
all other restrictions and requirements in this Code, a reasonable
expansion of the existing foundation, not to exceed 25% of the
living space of the existing dwelling unit, may be permitted to
accommodate the creation of an accessory apartment.
(k) The certificate of compliance shall terminate upon the transfer of
title by the owner or upon the owner ceasing to occupy one of the
dwelling units as the owner's principal residence. In the event of an
owner's demise, the occupant of an accessory apartment may
continue in occupancy until a new owner shall occupy the balance
of the dwelling or one year from date of said demise, whichever
shall first occur. [Amended 5-20-1993 by L.L No. 6-1993]
(1) All conversions shall be subject to the inspection of the Building
Inspector and renewal of the certificate of occupancy annually.
[Amended 5-20-1993 by L.L. No. 6-1993]
(m) The building which is converted to permit an accessory apartment
shall be in existence, and kavc be eligible for or have a valid
certificate of occupancy issued prior to January 1, ~984 2004, or
proof of occupancy prior to that date. [Amended 5-20-1993 by
L.L. No. 6-1993]
(n) The existing building, together with the accessory apartment, shall
comply with all other requirements of Chapter 280 of the Town
Code of the Town of Southold.
(14)
(o) Notwithstanding the provisions of § 280-13B hereof, no site plan
approval by the Planning Board shall be required for the
establishment of an accessory apartment.
(p) Approval by the Suflblk County Department of Health Services of
the water supply and sewage disposal systems shall be required.
(q) No bed-and-breakfast facilities, as authorized by § 280-13B(4415)
hereof, shall be permitted in or on premises for which an accessory
apartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3-
1989]
One accessory apartment in a lawfully existing detached accessory garage,
barn or storage building, subject to the following requirements:
(a) The accessory apartment shall contain no less than 450 square feet
and shall not exceed 750 square feet of livable floor area and shall
have no more than one bathroom.
(b) A minimum of three off street parking spaces shall be provided on
premises.
(c) Not more than one accessory apartment shall be permitted on a lot.
(d) The accessory apartment shall meet the requirements of an
apartment as defined in Section 280-4 hereof.
(e) The entirety of the living floor area of the accessory apartment
must be on one floor of the accessory structure.
(f) The accessory structure which is converted to permit an accessory
apartment shall be in existence and be eligible for a pre-certificate
of occupancy or have a valid certificate of occupancy issued prior
to January 1, 2004.
(g) The existing accessory structure shall comply with all other
requirements of this Chapter.
(h) Notwithstanding the provisions of Section 280-13(B) hereof, no
site plan approval by the Planning Board shall be required for the
establishment of an accessory apartment in an accessory structure.
(i) Approval of the Suflblk County Department of Health Services of
the water supply and sewage disposal systems shall be required.
No bed-and-breakfast facilities, as authorized by Section280-
13(B)(15) hereof shall be permitted in or on premises for which an
accessory apartment is authorized or exists.
(k) Occupancy of resident structures on the premises shall be subject
to the following requirements:
[1] The owner of the premises shall occupy either the existing
single family dwelling unit or the accessory apartment in
the detached accessory structure as the owner's principal
residence. The other dwelling unit shall be leased for year
round occupancy evidenced by a written lease for a term of
one or more years to:
a) a fhmily member; or
b) to a resident who is currently on the Southold Town
aflbrdable housing registry.
I21
I31
Rents charged to a resident on the affordable housing
registry shall not exceed the rent established by the Town
Board annually pursuant to §2g0-30(F) of this code.
No accessory apartment shall be occupied by more than the
number of persons permitted to occupy the dwelling unit
under Section 404 of the Property Maintenance Code of the
New York State Uniform Fire Prevention and Building
[4]
Code.
A transient rental is prohibited.
An accessory apartment shall only be occupied or
otherwise utilized in accordance with the certificate of
occupancy issued for the dwelling unit.
The premises and all structures are subiect to annual review and
(m)
(n)
(o)
certification by the owner of compliance with the mandates of this
chapter. The Chief Building Inspector, Code Enforcement Officer,
and Town personnel who are engaged in the enforcement of the
provisions of this chapter are authorized to make or cause to be
made inspections to determine compliance with this chapter and
are authorized to enter upon any property for the purpose of said
inspections.
The Chief Building Inspector or Code Enforcement Officer shall
revoke the certificate of occupancy for the premises when he or
she finds that the owner has caused, permitted or allowed to exist
and remain upon the premises a violation of any provision of the
Code of the Town of Southold for a period of 14 days or more after
written notice has been given to the owner.
An appeal from such revocation may be taken by the permit holder
to the Housing Advisory Commission, by written request, made
within 30 days from the date of such revocation. The Housing
Advisory Commission shall hold a public hearing on such appeal
within 30 days after receipt of written notice of such appeal and,
after such hearing, shall make written findings and a decision
either sustaining such certification of occupancy revocation or
reinstating such certificate of occupancy within 30 days after close
of such public hearing.
In lieu of an inspection, the owner of the premises may submit a
written certification, within 10 days of each anniversary of the
commencement of the lease term to the Chief Building Inspector
verifying that the dwelling unit is in compliance with all of the
provisions of the Code of the Town of Southold, the laws and
sanitary and housing regulations of the County of Suffolk and the
laws of the State of New York. In addition, the owner shall certify
that the tenant is a family member or currently listed on the
Town's approved housing registry in accordance with §280-
13(B)(14)(k). If the owner fails to submit a timely verified
0415)
(~516)
(4417)
certificate, in writing, to the Chief Building Inspector, such shall
be deemed a violation of this chapter.
(p) A violation of this chapter by the owner(s) is hereby declared to be
an offense punishable by a fine not less than $1,500 nor more than
$8,000 or imprisonment for a period not to exceed six months, or
both, for a conviction of a first offense; for conviction of a second
or subsequent offense within 18 months~ a fine not less than $3,000
nor more than $15,000 or imprisonment not to exceed a period of
six months, or both. However, for the purpose of conferring
jurisdiction upon courts and judicial officers in general, violations
of this chapter shall be deemed misdemeanors, and, for such
purpose only, all provisions of law relating to misdemeanors shall
apply. Each day's continued violation shall constitute a separate
additional violation.
(q) Additionally, in lieu of imposing the fine authorized in §280-
13(B)(14)(p), in accordance with Penal Law §80.05(5), the court
may sentence the defendant(s) to pay an amount, fixed by the
court, not exceeding double the amount of the rent collected over
the term of the occupancy.
Bed-and-breakfasts which have been issued a bed-and-breakfast permit by
the Building Inspector. Said permit shall be issued for a term of one year if
the following conditions are met: [Amended 3-14-1989 by L.L. No. 3-
1989; 2-7-1995 by L.L. No. 3-1995]
(a) A smoke alarm shall be provided on each floor and in every guest
room.
(b) The dwelling shall have at least two exits and there shall be a
window large enough tbr emergency egress in each guest room.
(c) The identification sign shall be no larger than two square feet in
areas zoned Residential-Office or higher, but there shall be no
exterior signage identifying the use as a bed-and-breakfast in
residential areas.
(d) No accessory apartment, as authorized by § 280-13B(13) hereof,
shall be permitted in or on premises for which a bed-and-breakfast
facility is authorized or exists.
Historical society. [Added 11-12-1996 by L.L. No. 20-1996]
Preservation and use of a federal or state designated historic building for
the purpose of hosting community events, together with the use of part of
such building lbr professional offices and/or one apartment, not to exceed
a total of three uses per building, provided that such building is owned and
maintained by a not-for-profit historic organization. In no event shall there
be more than one apartment per building. [Added 10-25-2005 by L.L. No.
18-2005]
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the
validity of this law as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Dated: December 15, 2009
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON January 7, 2010, AND FORWARD ONE (1) AFFIDAVIT OF
PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O.
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
TC's Bulletin Board
Planning Dept.
Town Board Members
Accounting Dept.
ZBA
Town Attorney
Bldg. Dept.
Southold Town Board - Letter Board Meeting of December 15, 2009
RESOLUTION 2009-972
ADOPTED
Item # 5.29
DOC ID: 5594
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-972 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 15, 2009:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 15th day of December, 2009, a Local Law entitled "A Local Law in
relation to Amendments to Use Regulations within the Agricultural Conservation (A-C)
District and Low Density Residential R-80~ R-120~ R-200~ and R-400 Districts and
Accessory Apartments" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
19th day of January, 2010 at 7:35 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Use
Regulations within the Agricultural Conservation (A-C) District and Low Density
Residential R-80~ R-120, R-200~ and R-400 Districts and Accessory Apartments" reads as
follows:
LOCAL LAW NO. 2010
A Local Law entitled, "A Local Law in relation to Amendments to Use Regulations within
the Agricultural Conservation(A-C) District and Low Density Residential R-80~ R-120~ R-
200~ and R-400 Districts and Accessory Apartments".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
It is the intent and purpose of this law to allow accessory apartments within accessory structures
in A-C, R-80, R-120, R-200 and R-400 Districts to provide the opportunity for the development
of small rental housing designed to meet the housing needs of median income families, both
young and old, and relatives of families residing in the Town of Southold. It is also the intent of
this law to increase compliance with building and fire code, property maintenance, preserve
property values and the health, safety and welfare of the community.
II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
Generated December 16, 2009 Page 36
Southold Town Board - Letter Board Meeting of December 15,201)9
§280-4. Definitions.
ACCESSORY APARTMENT - An apartment A-~ created in a presently existing
one family dwelling unit or accessory structure pursuant to §280-13B(13 or 14).
FAMILY MEMBER - The spouse, domestic panner, child, grandchild, stepchild, parent, aunt,
uncle, niece, nephew, brother or sister of the owner or of the owner's spouse or domestic panner.
TRANSIENT - A rental period of 29 days or less.
§280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989]
In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no
building or part of a building shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any uses except the following:
Permitted uses.
(1) One-family detached dwellings, not to exceed one dwelling on each lot.
(2) The following agricultural operations and accessory uses thereto, including
irrigation, provided that them shall be no storage of manure, fertilizer or other
odor- or dust-producing substance or use, except spraying and dusting to protect
vegetation, within 150 feet of any lot line: [Amended 5-23-1989 by L.L. No. 8-
1989]
(a) The raising of field and garden crops, vineyard and orchard farming, the
maintenance of nurseries and the seasonal sale of products grown on the
premises. [Amended 11-29-1994 by L.L. No. 25-1994; 5-13-1997 by L.L.
No. 8-1997]
(b) The keeping, breeding, raising and training of horses, domestic animals
and fowl (except ducks)EN on lots of 10 acres or more.
(c) Barns, storage buildings, greenhouses (including plastic covered) and
other related structures, provided that such buildings shall conform to the:
yard requirements for principal buildings.
(d) The retail sale of local produce from structures of less than 20 square feet
floor area shall be set back at least 10 feet from any lot line. [Added 5-13-
1997 by L.L. No. 8-1997]
(3) Buildings, structures and uses owned or operated by the Town of Southold, school
districts, park districts and fire districts.
(4) Wineries which meet the following standards: [Added 11-29-1994 by L.L. No.
26-1994]
(a) The winery shall be a place or premises on which wine made from
primarily Long Island gropes is produced and sold;
(b) The winery shall be on a parcel on which at least 10 acres are devoted to
vineyard or other agricultural purposes, and which is owned by the winery
owner;
(c) The winery structures shall be set back a minimum of 100 feet from a
major road; and
(d)The winery shall obtain site plan approval.
Generated December 16, 2009 Page :37
Southold Town Board - Letter Board Meeting of December 15, 2009
(5) Small wind energy systems on parcels greater than seven acres in size, which
parcels are dedicated primarily to uses necessary for bona fide agricultural
production, and subject to the standards provided in Chapter 277 of this Town
Code. [Added 7-17-2007 by L.L. No. 15-2007]
Uses permitted by special exception by the Board of Appeals. The following uses are
permitted as special exception by the Board of Appeals, as hereinafter provided, and,
except for two-family dwellings and the uses set forth in Subsection B(15) hereof, are
subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No.
27-1993]
(1) Two-family dwellings not to exceed one such dwelling on each lot.
(2) Places of worship, including parish houses (but excluding a rectory or parsonage,
which shall conform to the requirements for a one-family dwelling), subject to the
following requirements:
(a) No building or part thereof shall be erected nearer than 50 feet to any
street line and nearer than 20 feet to any lot line.
(b) The total area covered by all principal and accessory buildings shall not
exceed 20% of the area of the lot.
(3) Private elementary or high schools, colleges and other educational institutions,
subject to the following requirements:
(a) No building shall be less than 50 feet from any street or lot line.
(b) The total area occupied by all principal and accessory buildings shall not
exceed 20% of the area of the lot.
(c) Any school shall be a nonprofit organization within the meaning of the
Internal Revenue Act and shall be registered effectively thereunder as
such.
(d) Any such school shall occupy a lot with an area of not less than five acres
plus one acre for each 25 pupils for which the building is designed.
(4) Nursery schools.
(5) Philanthropic, eleemosynary or religious institutions, health care, continuing care
and life facilities, but excluding facilities for the treatment of all types of drug
addiction, subject to the following requirements: [Amended 12-27~1994 by L.L.
No. 30-1994; 11-12-1996 by L.L. No. 20-1996]
(a) No building or part thereof or any parking or loading area shall be located
within 100 feet of any street line nor within 50 feet of any lot line.
(b) The total area covered by principal and accessory buildings shall not
exceed 20% of the area of the lot.
(c)The maximum height shall be 35 feet or 2 1/2 stories.
(d) The entire lot, except areas occupied by buildings or parking or loading
areas, shall be suitably landscaped and properly maintained.
(e) Any health care, continuing care or life care facility shall meet the
following standards:
[1] All buildings shall be of fire-resistive construction.
[2] All such uses shall be served by adequate water and sewer systems
approved by the Suffolk County Department of Health.
Generated December 16, 2009 Page 38
Southold Town Board - Letter Board Meeting of December 15, 2009
(6)
(7)
(8)
(9)
(10)
[3] Patients suffering from communicable diseases shall not be
permitted in any nursing home or sanatorium. (Communicable
diseases are defined by the Sanitary Code of the Public Health
Council of the State of New York.)
[4] Eight thousand square feet of lot area shall be provided for each
patient bed.
Public utility rights-of-way as well as structures and other installations necessary
to serve areas within the Town, except that wireless communication facilities
must obtain approval pursuant to Article XVII, subject to such conditions as the
Board of Appeals may impose in order to protect and promote the health, safety,
appearance and general welfare of the community and the character of the
neighborhood in which the proposed structure is to be constructed. [Amended 11-
12-1997 by L.L. No. 26-1997]
Beach clubs, tennis clubs, country clubs, golf clubs and annual membership clubs
and accessory playgrounds, beaches, swimming pools, tennis courts, recreational
buildings and maintenance buildings catering exclusively to members and their
guests, subject to the following requirements: [Amended 12-27-1994 by L.L. No.
30-1994; 12-8-1998 by L.L. No. 26-1998]
(a) No building or part thereof or any parking or loading area shall be located
within 100 feet of any street line or within 50 feet of any lot line.
(b) The total area covered by principal and accessory buildings shall not
exceed 20% of the area of the lot.
(c) No such use shall occupy a lot with an area of less than three acres.
Children's recreation camps organized primarily for seasonal use and subject to
the following requirements:
(a) No building, tent, activity area or recreation facility shall be less than 200
feet from any lot line, and any such building, tent, activity area or
recreation facility shall be effectively screened therefrom as required by
the Planning Board. Buildings intended for use as sleeping quarters shall
be not less than 30 feet from each other, except tents, which shall be not
less than 10 feet apart.
(b) The minimum lot area shall be not less than 10,000 square feet for each
cottage, tent or other principal building and not less than 3,000 square feet
of land area shall be provided for each person accommodated in the
buildings or tents on the premises. EN
(c) The sound level of all outdoor public-address systems shall not exceed the
intensity tolerable in a residential neighborhood.
Farm labor camps, subject to the following requirements:
(a) All farm labor camps on farms shall be construed in conformance with
applicable laws and shall not be located nearer to any other residence than
the residence of the employer, except by specific review and approval of
the Planning Board.
Veterinarian's offices and animal hospitals, subject to the following requirements:
(a) The housing of all animals shall be in a fully enclosed structure, if nearer
than 150 feet to any lot line.
Generated December 16, 2009 Page 39
Southold Town Board - Letter Board Meeting of December 15, 2009
(11)
(12)
(13)
Cemeteries.
Stables and riding academies. EN
One accessory apartment in an existing one-family dwelling, subject to the
following requirements:
(a) The accessory apartment shall be located in the principal building.
(b) The owner of the existing dwelling shall occupy one of the dwelling units
as the owner's principal residence. The other dwelling unit shall be leased
for year-round occupancy, evidenced by a written lease for a term of one
or more years.
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(J)
(k)
(m)
The existing one-family dwelling shall contain not less than 1,600 square
feet of livable floor area.
The accessory apartment shall contain not less than 450 square feet of
livable floor area.
The accessory apartment shall not exceed 40% of the livable floor area of
the existing dwelling unit and any addition thereto permitted under Section
280-13(B)(I 3)0) hereof.
A minimum of three off-street parking spaces shall be provided.
Not more than one accessory apartment shall be permitted on a lot.
The accessory apartment shall meet the requirements of an ~
apartment as defined in § 280-4 hereof.
The exterior entry to the accessory apartment shall, to the maximum extent
possible, retain the existing exterior appearance of a one-family dwelling.
~.,~, ok~n ~-~ ~,~ ^~ ~k .... ;~.;~ c~,~;~ Subiect to all other
restrictions and requirements in this Code, a reasonable expansion of the
existing foundation, not to exceed 25% of the living space of the existing
dwelling unit, may be permitted to accommodate the creation of an
accessory apartment.
The certificate of compliance shall terminate upon the transfer of title by
the owner or upon the owner ceasing to occupy one of the dwelling units
as the owner's principal residence. In the event of an owner's demise, the
occupant of an accessory apartment may continue in occupancy until a
new owner shall occupy the balance of the dwelling or one year from date
of said demise, whichever shall first occur. [Amended 5-20-1993 by L.L.
No. 6-1993]
Alt conversions shall be subject to the inspection of the Building Inspector
and renewal of the certificate of occupancy annually. [Amended 5-20-
1993 by L.L. No. 6-1993]
The building which is converted to permit an accessory apartment shall be
in existence, ~ ....... be eligible for or have a valid certificate of
occupancy issued prior to January 1, -1-984 2004, or proof of occupancy
prior to that date. [Amended 5-20-1993 by L.L. No. 6-1993]
Generated December 16, 2009 Page 40
Southold Town Board - Letter Board Meeting of December 15, 2009
(14)
(n) The existing building, together with the accessory apartment, shall comply
with all other requirements of Chapter 280 of the Town Code of the Town
of Southold.
(o) Notwithstanding the provisions of § 280-13B hereof, no site plan approw~l
by the Planning Board shall be required for the establishment of an
accessory apartment.
(p) Approval by the Suffolk County Department of Health Services of the
water supply and sewage disposal systems shall be required.
(q) No bed-and-breakfast facilities, as authorized by § 280-13B(441~) hereof,
shall be permitted in or on premises for which an accessory apartment is
authorized or exists. [Added 3-14-1989 by L.L. No. 3-1989]
One accessory apartment in a lawfully existing detached accessory garage, barn or
storage building, subiect to the following requirements:
(a) The accessory apartment shall contain no less than 450 square feet and
shall not exceed 750 square feet of livable floor area and shall have no
more than one bathroom.
(b) A minimum of three off street parking spaces shall be provided on
premises.
(c) Not more than one accessory apartment shall be permitted on a lot.
(d) The accessory apartment shall meet the requirements of an apartment as
defined in Section 280-4 hereofi
(e) The entirety of the living floor area of the accessory apartment must be on
one floor of the accessory structure.
(1) The accessory structure which is converted to permit an accessory
apartment shall be in existence and be eligible for a pre-certificate of
occupancy or have a valid certificate of occupancy issued prior to January
1, 2004.
(g) The existing accessory structure shall comply with all other requirements
of this Chapter.
(h) Notwithstanding the provisions of Section 280-13(B) hereof, no site plan
approval by the Planning Board shall be required for the establishment of
an accessory apartment in an accessory structure.
(i) Approval of the Suffolk County Department of Health Services of the
water supply and sewage disposal systems shall be required.
(i) No bed-and-breakfast facilities, as authorized by Section280-13(B)(l 5)
hereof shall be permitted in or on premises for which an accessory
apartment is authorized or exists.
(k) Occupancy of resident structures on the premises shall be subject to the
following requirements:
[1] The owner of the premises shall occupy either the existing single
family dwelling unit or the accessory apartment in the detached
accessory structure as the owner's principal residence. The other
dwelling unit shall be leased for year round occupancy evidenced
by a written lease for a term of one or more years to:
a) a family member; or
Generated December 16, 2009 Page 41
Southold Town Board - Letter Board Meeting of December 15, 2009
O)
(m)
(n)
(o)
b) to a resident who is currently on the Southold Town
affordable housing registry.
[2] Rents charged to a resident on the affordable housing registry shall
not exceed the rent established by the Town Board annually
pursuant to §280-30(F) of this code.
[3] No accessory apartment shall be occupied by more than the
number of persons permitted to occupy the dwelling unit under
Section 404 of the Property Maintenance Code of the New York
State Uniform Fire Prevention and Building Code.
[4] A transient rental is prohibited.
[5] An accessory apartment shall only be occupied or otherwise
utilized in accordance with the certificate of occupancy issued for
the dwelling unit.
The premises and all structures are subject to annual review and
certification by the owner of compliance with the mandates of this chapter.
The Chief Building Inspector, Code Enforcement Officer, and Town
personnel who are engaged in the enforcement of the provisions of this
chapter are authorized to make or cause to be made inspections to
determine compliance with this chapter and are authorized to enter upon
any property for the purpose of said inspections.
The Chief Building Inspector or Code Enforcement Officer shall revoke
the certificate of occupancy for the premises when he or she finds that the
owner has caused, permitted or allowed to exist and remain upon the
premises a violation of any provision of the Code of the Town of Southold
for a period of 14 days or more after written notice has been given to the
owner.
An appeal from such revocation may be taken by the permit holder to .the
Housing Advisory Commission, by written request, made within 30 days
from the date of such revocation. The Housing Advisory Commission
shall hold a public hearing on such appeal within 30 days after receipt of
written notice of such appeal and, after such hearing, shall make written
findings and a decision either sustaining such certification of occupancy
revocation or reinstating such certificate of occupancy within 30 days after
close of such public hearing.
In lieu of an inspection, the owner of the premises may submit a written
certification, within 10 days of each anniversary of the commencement of
the lease term to the Chief Building Inspector verifying that the dwelling
unit is in compliance with all of the provisions of the Code of the Town of
Southold, the laws and sanitary and housing regulations of the County of
Suffolk and the laws of the State of New York. In addition, the owner
shall certify that the tenant is a family member or currently listed on the
Town's approved housing registry in accordance with §280-13(B)(14)(k).
If the owner fails to submit a timely verified certificate, in writing, to the
Chief Building Inspector, such shall be deemed a violation of this chapter.
Generated December 16, 2009 Page 42
Southold Town Board - Letter Board Meeting of December 15, 2009
A violation of this chapter by the owner(s) is hereby declared to be an
offense punishable by a fine not less than $1,500 nor more than $8,000 or
imprisonment for a period not to exceed six months, or both, for a
conviction of a first offense; for conviction of a second or subsequent
offense within 18 months, a fine not less than $3,000 nor more than
$15,000 or imprisonment not to exceed a period of six months, or both.
However, for the purpose of conferring jurisdiction upon courts and
judicial officers in general, violations of this chapter shall be deemed
misdemeanors, and, for such purpose only, all provisions of law relating to
misdemeanors shall apply. Each day's continued violation shall constitute
a separate additional violation.
(q) Additionally, in lieu of imposing the fine authorized in §280-13(B)(14)(v),
in accordance with Penal Law §80.05(5), the court may sentence the
defendant(s) to pay an amount, fixed by the court, not exceeding double
the amount of the rent collected over the term of the occupancy.
(-1415) Bed-and-breakfasts which have been issued a bed-and-breakfast permit by the
Building Inspector. Said permit shall be issued for a term of one year if the
following conditions are met: [Amended 3-14-1989 by L.L. No. 3-1989; 2-7-1995
by L.L. No. 3-1995]
(a) A smoke alarm shall be provided on each floor and in every guest room.
(b) The dwelling shall have at least two exits and there shall be a window
large enough for emergency egress in each guest room.
(c) The identification sign shall be no larger than two square feet in areas
zoned Residential-Office or higher, but there shall be no exterior signage
identifying the use as a bed-and-breakfast in residential areas.
(d) No accessory apartment, as authorized by § 280-13B(13) hereof, shall be'.
permitted in or on premises for which a bed-and-breakfast facility is
authorized or exists.
(4-516) Historical society. [Added 11-12-1996 by L.L. No. 20-1996]
(461_27) Preservation and use of a federal or state designated historic building for the
purpose of hosting community events, together with the use of part of such
building for professional offices and/or one apartment, not to exceed a total of
three uses per building, provided that such building is owned and maintained by a
not-for-profit historic organization. In no event shall there be more than one
apartment per building. [Added 10-25-2005 by L.L. No. 18-2005]
II1. 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
Generated December 16, 2009 Page 43
Southold Town Board - Letter Board Meeting of December 15, 2009
by law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
Generated December 16, 2009 Page 44