HomeMy WebLinkAboutLL-1985 #07 LOCAL LAW NO. 11 1985
A Local Law to amend the ~'oning Code
in relation to dwelling unit density
BE IT ENACTED by the Town Board of the Town of Southold as
follows: {additions indicated by underline; deletions by [brackets]).
Section 100-116 of the Zoning Code of the Town of Southold is hereby
amended to read as follows:
Section 100-116. Dwelling unit density.
Notwithstanding any other provision of this chapter, each dwelling
unit in a multiple dwelling shall have [nine] twenty thousand [9,000]
20,000 square feet of land for each dwelling unit in the building where
public water and public sewer are not provided, and shall have [six]
ten thousand [five hundred (6,500)] (10,000) square feet of land for
~ach dwelling unit in the building where public water and public sewer
are provided.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
Dear Sir/Madam:
Please be advised that Local Law(s) No. '~0 ~ ]]
of ~,985 of the Trmn o'F
was/were received and filed on 7,/92./R~
Additional forms for filing local laws with this office will be forwarded upon
NYS Department of State
Bureau of State Records
(Please Usc this Form for Fi[lag your Local Law wRh tl~e $ccrelary o'f
eliminated and do not use italics or underlining [o indicate new matter.
C?~- of ............... ;~.o.u.tb~ld ...................................................................... ; ..................
Town ·
Local Law No ............ 7. ........................................... of the year 19 85
Be it enacted by the ....................... .T..o.~ri..BQia£.d. ..................................................................................... of the
City- of Southold .................................................... as follows:
Towu
(additions indicated by underline; deletions by [brackets])
Section 100-116 of the Zoning Code of the Town of Southold is hereby
amended to read as follows:
I1.
Section 100-116. Dwelling unit density.
Notwithstanding any other provision of this chapter, each dwelling unit
in a multiple dwelling shall have [nine] twenty thousand [9,000] 20,000
square feet of land for each dwelling unit in the building where public
water and public sewer are not provided, and shall have [six] ten
thousand [five hundred (.6,500)] (10,000) square feet of land for e-~-~-h
dwelling unit in the buiIding where public water and public sewer are
p rov id ed.
This Local Law shall take effect upon its filing with the Secretary of
State.
~Tb"(If addiHonaI snace is needed, niease attach sheets of the same size as this and number_each)~
(Coml}h.te the c,.rLification ia thc pi~ragraph which npplie~ to the filing of thi~ loenJ law lind Mrike out lh,~
(["imd adoption by Imm] h..~iMative body anJy.)
I hereby cer~y that the TcwM Taw aanexed bm'em, &,signaLed as Total law No ..... ~ ........... o~ ~ ....
~iL~ of Southp. l~ was duly passed hy ~he Town B~rd ........
or the Town ........... ' m,,,,i ;~ ~;~i'J;~'J;"iiL~i~ ........ - '
on ....... ~.P.C}i..~ ........................ 19_85. in acco.lance ~ith the applica'b[e provisions of
(Passage by local legislative bedy with approval or no disapproval hy'El~etive Chief
or repassage after disapprov{tJ.)
I hereby certify that the local law annexed hereto, desigmatedas~ocallaw No ...... ............... of
County
City o~ ...................................... was duly passed by the .......................................................................... : .......
of the Towu (Nam~ of Lagisiatiw Body}
Village not disapproved
on .......................... 19 ........ and was approved by tim .......................................................
repassed after disapproval ~leetfv¢ Chi~l ~zeeutlw Oiliest
and was deemed duly adopted on ........................................................ 19 ......... in accordance with the applicable
provtsmns of law.
(l"i,ml adoption by refereadun,.)
I hembycertirythat the local law anaexed hereto, designatedaslocal law No ................... of 19 ..........
County
~f the TownCity of ...................................... was duly passed by the .................................................................................. tN~.,, of l.e~i,,lati~e Body)
Village not disapproved.
on -". ........... 19 ........ and was approved by the ....................................... : .....................
repassed after disapproval gleetive Chief l{:xeeutive Officer ~'
on ...................................................................... J.9.: ....... Such local law was submitted to the people by reason of;
'mandateD' referendum,and received the affirmative vote of a maiority of the qualified electors votint
permi ssive
general
thereon at the special election held on ........................................ 19 ......... in accordance with the appli
annual
cable provisions of law.
(Subject to permissive referendum,and final adoption because no valid petition filed requesfin;
referendum.) ,:'
I hereby certify that the local law anndxed hereto, designated as local law No ..... i ............. of 19...~...
County
City
o[ the Town of ...................................... was duly passed by the ................................................................................ tN~m,, of l.,gi=hm~,e Body)
Village not dlsapprow:d
...................................................... 19 ........ and was approved by the .............................................. ' .........
repassed after dj Sapl~rtwal I.;t,.,.ti~,. t;hi,-! I';w~ruti'~*. Olfi~.t,r m
........................................... 19 ......... Such local law being subject to a permissive referendum and
valid peliliolt re,lin'sting such referendum haviug been fih:d, said local law was deemed duly adopted
...................................................................... 19 ........ , itl accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief ex-'cutiv¢ offiee~ of a county elected on a county-wide bt
or, if there be none. the ehman of the county legisLttiv¢ body, the mayor of ,, city or village or the supervisor of ,, tow
where racY, ofF.:er ia vested wiry, power to approve or veto local iawt or ordinmaees.
Pa ge 2
I hcrohycea~t'~ Iha~ tl~, I~;,~ ~m-~mc~mlhm'~qn, d°M~natod~]°eM lawN~ ..................... of [~ ........ ' , -.
of the C~tv or' ........................................................................ h.~n~ heeu snbm~ted to mferendu~ pur~uanl ~o the
provisions o~ ~ o~ d~c Ymnk:~pal I i..me t~ule Law,an,! Lavh~ mce~ed lhe ~ffirmafiw
of the quaI]f~ed elector~ of such ckty voting thereou al the gem.ral election held on ..................................
................ '19 ............ became operative.
(County local !aw concerning adoption of Charter,)
I hereby certify that the local law annexed hereto, designated as Local Law No ....... of 19 ...... of the
County of ......................................... Stute of New York, having been submitted to the Electom at the
General Election of November ........... 19 ........... pursuant to subdivisions fi and 7 of Section 33 of the Muni-
cipal Home Rule Law. and having received the affirmative vote of a majority of the qualified electo~ of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(ff any other authorized form of final adoption has been followed, please provide an appropriato
eerti[ieatiou.}
~ I further certify that I'have compared the preceding local law with the original on file in this office
and that the same is a co=ect transcript therefrom and of the whole of such original local law, and was
rinally adopted in the manner indicated in paragraph .......... 1 ................ a~ve.
Date: April 10, 1985
Clerk of/the County lesiflativ¢ body. City. Tow~ Vill~e ~"~tk
officer dcstgnat~d by locnl lagl~llttivc body
Judith T. Terry, Town Clerk
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village AtLorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF ........ s..U. EE.Q..U~ ..............
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that ail
proper proceedings have [~:en had or taken for the enactment of the local law annexed hereto.
[3ate: April 10, 1985.
...... Rob. er& W... T~s~er.,. ,Town. Attm-rmy ....
Tlttc
~unty-
Town
Page 3 ,...
PUBLIC HEARING
SOUTHOLD TOWN BOARD
JULY 2, 1985
3:05 P.M.
IN THE MATTER OF A PROPOSED LOCAL LAW ENTITLED, "A LOCAL LAW TO
AMEND THE ZONING CODE IN RELATION TO DWELLING UNIT DENSITY."
Present:
Supervisor Francis J. Murphy
Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
SUPERVISOR MURPHY: This is the second hearing we have scheduled for this
afternoon which is the proposed Local Law to amend the Zoning Code in relation
to dwelling unit density. At this time I'd llke to ask Councilman Schondebare to
do the official reading of the notice.
COUNCILMAN SCHONDEBARE: "Public notice is hereby given that there has been
presented to the Town Board of the Town of Southold, Suffolk County, New York,
on the 23rd day of May, 1985, a Local Law entitled, "A Local Law to amend the Zoning
Code in relation to dwelling unit density," which reads as follows, to wit:
Be it enacted by the Town Board of the Town~ of Southold as follows:
(additions indicated by underline; deletions by [brackets]).
1. Section 100-116 of the ~g Code of the Tow of Southold is hereby amended to
read as follows:
Section 100-116. Dwelling unit density.
Notwithstanding any other provision of this chapter, each dwelling unit in a
multiple dwelling shall have [nine] twenty thousand [9,000] 20,000 square feet
of land for each dwelling unit in the building where public water and public
sewer are not provided, and shall have [six] ten thousand [five hundred
(6,500)] (10,000) square feet of land for each dwelling unit in the building
where public water and public sewer are provided.
II. This Local Law shall take effect upon its filing with the Secretary of State.
Copies of said Local Law are available in the Office of the Town Clerk to any
interested persons during business hours.
Notice is 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, Main Road,
Southold, New York, on the 2nd day of July, 1985, at 3:05 o'clock P.M., at which
time all interested persons will be heard.
Dated: June 18, 1985. Judith T. Terry, Southold Town Clerk."
I have an affidavit of publication ,by The Suffolk Times; an affidavit of
publication The Long Island Traveler-Watchman; affidavit by the Town Clerk Judith
T. Terry that she posted same on the Town Clerk's Bulletin Board.
Page 2 - Public Hearing
Local Law - I~welling Unit Density
I have a letter from the Greenport-Southold Chamber of Commerce, dated July
2, 1985, to the Southold Town Board: "Gentlemen: The Board of Directors of the
Greenport-Southold Chamber of Commerce hereby wish to reiterate their opposition
to the proposed Local Law in relation to "Dwelling Unit Density" for the reasons
stated in our two (2) previous letters concerning our opposition to the legislation
in the proposed local law. According to the survey conducted by the chamber, it
appears to be detrimental to the wishes of the community in the fact that they want
more apartments. If they want more apartments, why make it more expensive to
build apartments by cutting the density? We don't understand the urgency of this
proposed legislation since these changes are supposed to be in coniuction with the
revised Master Plan and proposed Zoning Regulations. Very truly yours~ /s/ Bernard
Dempsey, President, on behalf of the Board of Directors~ Greenport-Southold Chamber
of Commerce."
We have a letter from the Suffolk County Department of Plannining which says
that the decision in this matter is a local determination and they neither approve nor
disapprove. That is dated May 31st, 1985.
We have a letter from the Town of Southold Planning Board dated June 13th, 1985
which states as follows: "Resolved that the Southold Town Planning Board recommend
to the Town Board that the proposed Local Law to amend the Zoning Code in relation
to dwelling unit density, which pertains to Section 100-116 of the Town Code, be
approved."
That concludes the reading.
SUPERVISOR MURPHY: Thank you, Jay. You've heard the official reading of the
notice of this proposed Local Law. Is there anyone here would like to speak in
favor of this proposed local Law?
FRANKLIN BEAR, on behalf of the North Fork Environmental Cound~: We feel that
this is in accordance with the type of planning that we have been in favor of for a
long, long time. In order to control the density, the increase in population and so
forth, which are going to be detrimental to the Town. We feel that this still gives
an opportunity for the kind of housing for Iow income or median income people and
that this would be favorable to the future of the Town of Southold. We urge it be
adopted.
SUPERVISOR MURPHY: Thank you. Is there anyone else here would like to speak?
Ruth?
RUTH OLIVA, Orient: Ruth Oliva, just speaking for Ruth Oliva. I have supported
this since it was clarified and I do believe this is an excellent proposal for good land
use p~anning and from past experience or talking to people around the State, we are
certainly one of the most advanced towns around. I think this is important that we
enact this and it fits in with our Master Plan and, number two, that this does not
discourage affordable housing. We have two proposals before the Planning Board now
for affordable housing with quarter acre and it doesn't seem to bother them, they
feel that they can make money out of it and still providing the housing for those
people. Thank you.
SUPERVISOR MURPHY: Thank you, Ruth. Is there anyone else here would like
to speak in favor of this proposed Local Law? (No response.) If not, is there
anyone here would like to speak in opposition to the proposed Local Law? Jeff?
Page '3 - Public Hearing
Local Law - Dwelling Unit Density
GEOFFREY PROUD: Honorable members of the Town Board. My name is Jeff Proud
and I speak on behalf of a growing number of citizens who are concerned about a
serious problem, namely the lack of housing which people who live in Southold can
afford to buy or rent. They are represented as Citizen Action for Affordable Housing
in Southold. Before stating our position on the proposed law to reduce density, let
me first make it clear that CitZen Action for Affordable Housing in Southold does not
advocate or support subsidy of any kind, not for subsidized housing. Nor are we
advocates of any type of lesser quality housing which would be different from the
types of housing Southold is accustomed to. I would refer to trailer parks or pre-
fabricated houses. We do not speak in favor of these notions. The aim of Citizen
Action for Affordable Housing is to dissem~i~nate information, much of it published in
the Department of Housing's Affordable Housing Symposium, which aids and advises
local governments on streamling bureacratic regulations so as to reduce the cost of
building a house, a quality traditional house. The regulation you propose to enact
I'm sure you realize will add to the cost of a house because it will require the consumer
to buy twice as much as property. I believe you should reconsider at this time, when
everywhere the problem of finding shelter intensifies, not only for those economically
disadvantaged, but for middle class working people, including highly trained professionals.
Permit me to read from Sunday's Times on the housing crisis as reported in a neighboring
town, "John H. Marberg, President of the State University of New York at Stony Brook,
and a member of the Economic Development Commission said a moratorium in Brookhaven
against development, would harm the University, which he called Brookhaven's largest
employer. He said the main problem with finding housing for the 7,000 University
employees. We have trouble recruiting people because they don't have places to live,
he said. Dr. Marberger added that middle income housing is vital for Brookhaven's
economy. There is going to have to be more middle income housing, he said. Right
now I see the absence of this as being an impediment. We can't have a balanced
economy if the only people who can come here are those who can afford $200,000
houses." And I continue here. If there are to be moratoriums, let the moratoriums
be on passing laws and regulations which restrict the development of housing. At
least until the time comes where positive steps can be taken to address this problem.
Thank you.
SUPERVISOR MURPHY: Thank you, Jeff. Is there anyone else would like to speak?
Herb?
HERBERT MANDEL: Ladies and gentlemen, my name is Herbert Mandel. I'm from
Greenport. Four months ago on March 12th I addressed you on the very same matter
we have before us today, namely a proposed Local Law to reduce density in districts
designated for multiple dwellings, from four units per acre to two units per acre. At
the time you may recall, every person who testified in this matter, including the spokes-
woman for the League of Women Voters and the spokeswoman for the Environmental
Council, as well as individuals whose properties would be directly and immediately
affected by the law, spoke in opposition to the proposal Nonetheless you took counsel
among yourselves and passed the law. To say the least, we as constituents were
disappointed. As I understand it, that determination was invalidated by a legal
technicality. We have another chance to present our arguments. I consider this
good fortune and hope that the arguments this time may persuade you, if not by
their cogency, then by their repetition. The arguments have not changed. The Local
Law to amend the Zoning Code in relation to Unit Density, which we are considering
here, will be a serious detriment to efforts to provide affordable housing for the people
of our Town. The law proposes 20,000 square feet of land for every unit built on
lands zoned for multiple dwelling construction. An acre measures 44,000 square feet.
This law will require that every unit be built on what is virtually a half acre of property,
Page 4- I~ublic Hearing
Local Law - Dwelling Unit Density
whereas the law now specifies 9,000 square feet per unit. The proposed change
will more than double the cost of property for the prospective home buyer. I
realize that the law has as its purpose the preservation of open spaces in our Town,
which I can appreciate, but there must be other ways of preserving open spaces,
other than making the cost of housing prohibitive for three quarters ot~ the people
who live here. When I spoke in opposition to this law in March, I also critized it
from a builder's view point, after all, that was my profession for close to forty years
before I retired to live in Greenport. The builder who has already committed time
and money to a project, secured ~inancing, drawn up architectural plans based on
current law, will suffer serious financial harm by a sudden and absolute change in
the law. It would be like to seek redress in court, I am puzzled that there is
created an emnity between builders and town officials. The impression is given that
the destruction of aH that is good is caused by builders and developers. It seems
to be the undercurrent of all you read and hear in matters related to town development.
In reality, much of the comfort, convenience and prosperity that makes up the way of
life that you and I enjoy came about because of builders and developers who took risks,
worked hard and had visions of a better way of live for our people. It's a mistake to
think that reducing density inhibits builders and developers. It only misdirects them.
If you allow only one dwelling, instead of two, one will be built but will cost the price
of two. In effect you cause Southold's own land to be priced out of the purchase range
of people living here. I do not believe that is the kind of planning expected of you.
I'd like to see a greater thrust, communication, openness and cooperation between the
town leadership and builders and developers and I'd like to see it premised on one
thing~ the real needs of the people living in Southold today. To begin with you could
reject the proposed law which will reduce density by 50% in multiple dwelling zones.
This 'will not be a solution for Southold's housing problems, but it will be a sign of
the cooperation to all parties working together in the difficult and complex task of
reaching the ultimate solution. Ladies and gentlemen, these remarks I make also as
Chairman of the Southold Housing Advisory Committee. They represent the sentiment
and position of our committee on the issue before you. I thank you for your patience
and attention.
SUPERVISOR MURPHY: Thank you, Herb. Is there anyone else in the audience
would like to speak in favor of this proposed Loca~ /aw? (No response.) Anyone
like to make any comments at all? (No response.) If not, I'll close the hearing.
Judith T. Terry
Southold Town Clerk
COUNTY OF SUFFOLK
ss:
STATE OF NEW YORK
NO~ICE OF ADOPTION
LO~A~LAW NO, 1! - 1985
NOTICI~ IS HERI~BY GIV-
EN that the Southold Town
Board, ata regular meeting
h~ld on July 16, 1985, adopted
Lecal Law No. 1~ 19~,5 entitl-
e~', "A Local ~ to amend the
Zoning cod~ in re~atio~ to
dwelling unit density," Which
re~ds as follows, to wit:
B£ IT £NACTI~D by the
Town Board ~ the Town of
Southold ~ fallows: (additions
indicated by underline; dele-
tions by [brackets]).
L Section 100.116 of the
Zoning Code of the ToWn of
$outhold'is ~ereby an~nd~d to
.sectio~?g 100.116. I~telling
nnl~ deti~llq2,
Ndfivithstanding any other
provision of this chapter, each
dweilmg unit in a multiple
dwelling shall have [~ine1
twenty thousand [9,000]
squa~'e feet of land for
e~ unit in the bUild-
ing Whe~ public water and
public sower are not provided,
and shall have [six] ten thous-
and [five hundre~ (6,500)]
(1~.000) square feet of land for
each dweltthg unit in the build-
ing where public water and
public sewer ar~ provided.
1I. This local Law shall take
effect upon its filing with the
Secretary of State.
DATED: July 16, 1985.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
1T-7/25/85(77)
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for ................. ~ ........ weeks
successively, commencing on the
.
Sworn to before me this ~-'~' day of
....... ..........
Notary Public
BARBARA FORBES
Not~-y Public, State of New York
Iqo. 450~84fi
Qualified in Su£fo;k County
Commission Expires March 80, 19~
COUNTY OF SUFFOLK
ss:
STATE OF NEW YORK
NOTICE OF ADOPTION
LOCAL LAW NO. 11 ~ i985
NOTICE IS HERE~t' OIV.
EN that the Southold Town
BOard, at a regular meeting
held on July 16, 1985, adopted
Local law No. 11- 1985 entitl-
ed, "A Local Law to amend the
Zoni~ Cbde in relation to
dwelling Unit denSity,~' '~hich
reads ~s follows, to wit:
BE IT ENACTED by the
Town ilhard of the Town of
So~thokl~as follows: (additions
indiCated by ~ dele.
tions by
L Section 100-H6 of the
Zoning Code of the Town of
Southold is hereby amended to
read as follows:
Section 100-116. Dwelling
unit density.
Notwithstanding any other
provision of this chapter, each
dwelling uni~ in a 'rnultiple
dwelling shall have [nine]
twenty thousand [9,000]
20~r000 square feet of land for
each dvtelling unit in the build-
ing where public water and
public sewer are not provided,
and shail have [six] teln thous-
an~l [five hundred (6,500)]
(10.0001 square feet ~lalld for
each dwelling unit in th~ build-
ing where p~blic water and
public sewer are provided.
IL This Local Law shall take
effect upon its filing with the
Secretly of State,
DATED: July 16, 198~.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
1T-7/25/85(77)
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for .................... /. ...... weeks
successively, commencing on the .......... .~.~ ........
d ay. o)L~::~... ~.~..~ ...... 1 9. ?! .~.
Sworn to before me this .?. ..... day of
.....................C~/'~' ,19 .....
Notary Public
BARBARA FORBES
Notary Public, State of I~ew York
No. ,~o846
Qualified in Suffolk County ~
Commission Expires Mameh 30, 19 ~
~o~J~ NOTICE
NOTICE OF ADOPTION
LOCAL LAW NO. 11 - 1985
NOTICE IS HEREBY GIVEN
that the Southold Town Board,
at a regular meeting held on July
16, 1985, adopted Local Law No.
11 - 1985 entitled, "A Local L~w
to amend the Zoning Code in re-
lation to dwelling unit density,"
which rend~ as follows, to wit:
BE IT ENACTED by the Town
Board of the Town of Southold as
follows: (additions i~dicated by
underline; deletions by [brack-
et~]).
I. Section 100-116 of the Zoning
Code of the Town of Southold
is hereby amended to read as
follow~:
Section 100-116. Dwelling
unit density.
Notwithstanding any other
provision of t~is chapter, each
dwelling uni~ in a multiple
dwelling shall have [nine]
twenty thousand [9,000]
20~000 squa~:e feet of land for
each dwelling unit in the
building where public water
and public sewer are not pro-
vided, and sh~ll have [six] ten
thousand [five hundred
(6,500)] (10~000) square feet of
land for each dwelling unit in
the building where public
water mhd public sewer are
provided.
II. This Lo,al Law shall take
effect upon it~ filing with the
Secretary of State.
DATED: July 16, 1985.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
1TJy25-4964
STATE OF NEW YORK )
! SS:
COUNTY OF SUFFOLK )
ANNA LEKKAS of Greenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Greenport, 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 one
weeks successively, commencing on the 2 5
dayof J~ly 19 85
Sworn to before me this 25
dayof July 19 85
_,~/
Principal Clark