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Home My WebLink AboutTOR RES 456 Office of the Town Clerk Diane M. Wilhelm, Town Clerl~ Registrar of Vital Statistics Records Management Officer Marriage Officer June 6,2013 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on June 4, 2013 Resolution #456-AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE OF PUBLIC HEARING TO CONSIDERA LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF THE RIVERHEAD TOWN CODE (Article VIII, Accessory Apartments) if you have any questions, please caii Carol Del Vecchio at 63i-727-3200, Ext 262, or Diane Wilhelm at Ext. 260 Sincerely, Diane M. Wilhelm DMW:cd 200 Howell Avenue ~ Riverhead, New York 11901~ (631)727-3200 Ext. 260 ~ Fax (631)208-4034 Office of the Town Clerk Diane M. IYilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer June 6,2013 We would appreciate your signing this letter acknowledging receipt of the Resolution and returning it to the Office of the Riverhead Town Clerk. (Resolution# 456 from Town Board Meeting 6.4.13) Si~ncer,ely, Diane M. Wilhelm Town Clerk Signature: DW:cd date: RECEIVED JUN 6 2013 3outhOld Town 200 Howell Avenue ~ Riverhead, New York 11901- (631)727-3200 Ext. 260 ~ Fax (631)208-4034 06.04.13 ADOPTED 130456 TOWN OF RIVERHEAD Resolution tf 456 AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF THE RIVERHEAD TOWN CODE (Article VIII. Accessory Apartments) Councilman Dunleav¥ offered the following resolution, which was seconded by Councilman Wooten RESOLVED, that the Town Clerk be and is hereby authorized to publish the attached public notice to consider a proposed local law to amend Chapter 108 entitled "Zoning" of the Riverhead Town Code once in the June 13, 2013 issue of the News- Review, the newspaper hereby designated as the official newspaper for this purpose, and post same on the sign board at Town Hall; and be it further RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and, if needed, a certified copy of same may be obtained from the Office of the Town Clerk. ' THE VOTE Giglio [~]Yes E]No Gabrielsen []Yes E~No Wooten [~Yes [~No Dunleavy [~Yes E~]No Walter [~Yes [~No The Resolution Was [] Thereupon Duly Declared Adopted TA RESOLUTIONS 6 4~13 Setting Public Hearing to Amend Chap 108 Accessory Aparlments TOWN OF RIVERHEAD PUBLIC NOTICE PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead, at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 18thday of June, 2013 at 7:05 o'clock p.m. to consider a local law amending Chapter 108 entitled "Zoning" of the Riverhead Town Code as follows: CHAPTER 108: ZONING Article VIII. Accessory Apartments § 108-34. Purpose; findings; standards. C. Standards (4) Accessory apartment size. The minimum area for an accessory apartment shall be 300 square feet and a maximum of 650 square feet. The accessory apartment shall not exceed 40% of the area of the principal dwelling. For preexisting apartments seeking to comply with the Code provisions set forth in this chapter, the Accessory Apartment~Committe~, comprised of the Buildinq and Planninq Administrator, Planning Director or his/her desiqnee and the Buildinq Inspector or his/her designee, may review, approve, approve with conditions, or deny accessory apartments that exceed 650 square feet, up to a maximum of 850 square feet, provided that the accessory apartment does not exceed 40% of the area of the principal dwelling of which the apartment is accessory. In no event may there be more than one bedroom per accessory apartment. (8) Inspection. The Building Department Administrator for the Town of Riverhead Building Department or his or her designated representative or a Code Enforcement Officer shall be is authorized to make or cause to be made inspections, upon reasonable notice, to determine the condition of the dwellings and compliance with the provisions of this article to safeguard the health, safety, and welfare of the public. A renewal application or transfer application shall be subject to identical inspection criteria as set forth above. (9) Duration. All permits issued hereunder shall be valid for an initial period of three years and shall be renewable for successive periods of up to five years at the discretion of the Accessory ApartmentBcard Committee. ......... ~'* "* .............. "*"'~"* .....* ^- ~"* forth in ~no wF of TA RESOLUTIONS 6-4-13 Setting Public Hearing to Amend Chap 108 Accessory Apartments [ ~ 08~51 Applications. A1 There shall be submitted to Building Department the following: (4) An application to the Accessory ApartmentReviewq=%a~ICommitteefor an accessory apartment permit. The Accessory Apartment~Committeeas part of its application, may require the applicant to submit supporting documents, including but not limited to floor plans, surveys, less than 10 years old that show all existing structures, photographs, and/or exterior renderings. The application for the transfer of an accessory apartment permit to a subsequent property owner shall be completed on such forms and in such a manner as prescribed by the Accessory Apartment~Committee. § 108-37. Accessory ApartmentRevievH3eardCommitteeApplication Review Process. The Accessory Apartment~Committeeshall consist of th, cee of ,~.,~,, .... ~,~,~ ........ .,~- ~,,,~.~m~ 9uilding and Planninq Administrator, Planninq Director or his/her designee and tho BWIdinq Inspector or his/hot The Accessory ApartmentReview--BaacdCommitteeshall hear and decide applications for accessory apartments pursuant to the standards enumerated in § 108-34C of this article. C. The Accessory ApartmentReview-Bear~Committeeshall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this article. Meetings TA RESOLUTIONS 6-4-13 Setting Public Hearing to Amend Chap 108 Accessory Apartments shall be held at the call of the Chairman and at such other times as the Bo~rdOommitteemay determine. The BocrdCommJtteeshall keep minutes of its proceedings and records of its examinations and other official actions, all of which shall be a public record. D. All applications made to theBccrdCommitteeshall be in writing, on forms prescribed by theBc3rdCommittee. The Accessory Apartment~ Committeeshall fix a reasonable time for the hearing of the application and give public notice thereof, as well as due notice to the applicant. The applicant shall mail notice of the hearing posted at least seven days prior to the date of the public hearing by either certified or registered mail, return receipt requested, to every property owner, as shown on the current Riverhead assessment rolls, owning property immediately adjacent and contiguous to that of the applicant. For purposes of this section, property separated from that of the application by a public road or right-of-way shall be deemed contiguous. F. Revocation. The Accessory Apartment~Committee shall retain the right to revoke any accessory apartment permit issued hereunder should the applicant or applicant's tenant violate any provision of this article, any condition imposed upon the issuance of the accessory apartment permit, or violation of the provisions of the Town Code of the Town of Riverhead. Said revocation shall be after a hearing held on notice to the applicant and, if known, the tenant. As an alternative to revocation, the Accessory ApartmentRe¥iew-Bea~Committeemay continue the permit on a probationary basis, and in such event, it may revoke the permit without further notice to the applicant or tenant upon a violation of any conditions attached to the probationary permit. G. Lapse of accessory apartment permit. Every application for accessory apartment permit granted by the Accessory Apartment~Committee shall be and become null and void and of no further force and effect unless the applicant obtains a building and zoning permit for work to be done and/or change of use no later than 30 days after approval is granted by the Accessory Apa rtmentReviewqSea~Com mittee. H. No person shall create or occupy an accessory apartment without obtaining an accessory apartment permit from the Accessory Apartment~ Bc3rdCommitteeand a certificate of occupancy for said use from the Building Department. I. The article shall sunset upon the issuance of the 250th accessory apartment permit, excluding accessory apartment permits issued to applicants seeking to legalize a pre-existing accessory apartment under the amnesty provision set forth in § 108-34C(11). The Town Board may, by resolution, extend the sunset provision up to the 500th accessory apartment permit and/or impose saturation limits within a specified geographical radius or zoning district. TA RESOLUTIONS 6-4-13 SetUng Pub}ic He~rin§ to Amend Chap 108 Accessory Apartments § t08-38. Appeals. All appeals from the determination of the Accessory ApartmentReview Be=rdCommitteeor from any administrative determination regarding interpretation of any provision of this article shall solely be by an Article 78 proceeding. This shall be the exclusive remedy of any aggrieved party. Underline represents addition(s) Strikethrough represents deletion(s) Dated: Riverhead, New York June 4, 2013 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, TOWN CLERK TA RESOLUTIONS 6-4-13 Set[in§ Public HeaNn8 to Amend Chap 108 Accesser,/Apar[ments