HomeMy WebLinkAboutLL-1986 #01 LOCAL LAW NO. I 1986
A Local Law in relation to
Accessory Apartments in existing dwellings
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 100 (Zoning) of the Code of the Town of Southold is amended as follows:
Section 100-13 thereof (Definitions) is amended by adding the following
thereto:
ACCESSORY APARTMENT - A dwelling unit created in a presently existing
one-family dwelling pursuant to Section 100-30B(14).
Section 100-30B (Special Exception uses) is amended by adding a new
subsection thereto, to be subsection (14) to read as follows:
(14) 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 sixteen
hundred (1,600) square feet of liveable floor area.
(d) The accessory apartment shall contain not less than four hundred
fifty (450) square feet of livable floor area.
(e) The accessory apartment shall not exceed forty (40%) percent
of liveable floor area of the existing dwelling unit.
(f) A minimum of three (3) off-street parking spaces shall be provided.
(g) Not more than one (1) accessory apartment shall be permitted
on a lot.
(h) The accessory apartment shall meet the requirements of a dwelling
unit as defined in Section 100-13 hereof.
The exterior entry to the accessory apartment shall, to the
maximum extent possible, retain the existing exterior appearance
of a one-family dwelling.
(j) All exterior alterations to the existing building, except for access
to the apartment, shall be made on the existing foundation.
(k)
Certificate of Occupancy 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 (1) year from date of said demise,
whichever shall first occur.
(I) All conversions subject to inspection of Building Inspector and
Renewal of Certificate of Occupancy annually.
II.
(m)
(n)
The building which is converted to permit an accessory apartment
shall be in existence and have a valid certificate of occupancy
issued prior to January 1, 1984.
The existing building, together with the accessory apartment,
shall comply with all other requirements of Chapter 100 of the
Town Code of the Town of Southold~
{o) Notwithstanding the provisions of Section 100-3013 hereof, no
site plan approval by the Planning Board shall be required for
the establishment of an accessory apartment.
This Local Law shall take effect upon its filing with the Secretary of State.
-2-
(P/ease Use th~s Form for F/flag your Local Law with the Secretary of State)'
Text of law should be given as amended.
eliminated and do not use italics or Underlining to Do not include matter being
indicate new matter.
C, oun~y
Town of. Southold
Local Law No.
....................
local/aw. ...........in relation, to accessory, ap...a.r..t..m..,e.p...t..s..,.[0 g~,i~ ' ·
(~'~"o) "'~'~..O. PZ.~.(ll.r~.~ ........
Be i t enacted by the Town Board
~ ~w~,. ,,t t~u~.u~;"~'fi .........................................
................... of tb~
~ of ..................... ~o.u.tho./d ..
:V4i~g~ ................................................................................................................ as follows:
Chapter 100 (Zoning) of the Code of the Town of Southold is amended as follows:
Section 100-13 thereof (Definitions) is amended by adding the following
thereto:
ACCESSORY APARTMENT _ A dwelling unit'cr~ea~ted in a presently existing
one-family dwelling pursuant to Section 100-30B(lq}.
1. Section 100'30B (Special Exception uses) is amended by adding~a new
subsection thereto, to be subsection (lZQ to read as follows:
(14)toOnetheaCCess°rYfollowingapartmentrequirements:in an existing one-family dwelling, subject
(a) The accessory apartment shall be located in the principal building.
(b) The owner of the existing dwelling shall
units as the owner's princioal r ' occupy one of the dwelling
unit
shall be leased ~ . ~ es~dence, T ~ ~,t~ .
'"' year-round o~ ..... h .... ,er dwehin
written lease for .a term of one or more years.
~,-upancy, evidenced b a
(c) The existing one-family dwelling shall contain not less than sixteen
hundred (~,600) square feet of liveable floor area.
(dj The accessory alS'artment shall contain not less than four hundred
fifty (qS0) square feet of livable floor area. '
(e) The accessory apartment shall not exceed forty (40%) percent
of liveable floor area of the existing dwelling unit.
(fl A minimum of three (3) off-street parking spaces shall be provided.
(g)on NOtamOrelot. than one (I) accessory apartment shall be permitted
~ each)~
I!.
(h) The accessory apartment shall meet the requirements of a dwelling
unit as defined in Section 100-13 hereof.
(i) 'l'he exterior entry to tl~e accessory apartment shall, to the
maximum extent possible, retain the existing exterior appearance
of a one-family dwelling.
All exterior alterations to the existing building, except for access
to the apartment r shall be made on the existing foundation.
(k) Certificate of Occupancy 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 (1) year from date of said demise,
whichever shall first occur.
(I) All conversions subiect to inspection of Building Inspector and
Renewal of Certificate of Occupancy annually t
(m) The building which is converted to permit an accessory apartment
shall be in existence and have a valid certificate of occupancy
issued prior to January 1, 1984.
(n) The existing building, togetl~er with the accessory apartment,
shall comply with all other requirements of Chapter 100 of the
Town Code of the Town of Southold~
Notwithstanding the provisions of Section .100-30B hereof, no
site plan approval by~.the Planning Board shall be required for
the establishment of an accessory apartment.
This Local Law shall take effect upon its filing with the Secretary of State.
2o
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matter therein which is not applieahle.)
(Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No ...... .1. ........... of 19....8..6..
County-
of the City of Southold was duly passed by the Town Board
Town .........................................................................................................................
¥i!lzgo (Name of Legislative Body)
on....J..a...n...u...a..r.y.. ~..1. ................... 19.....8.~ in accordance with the applicable provisions of law.
(Passage by local legislative body with approval or no ~isapproval by Elective Chief Executive Officer
or repassage after disapproval.)
I hereby certify that the local law annexed hereto, designatedas local law No .................... of 19 ........
County
City
of the Town of ...................................... was duly passed by the ..................................................................................
Village (Name of Legislative Body)
not disapproved
on .................................................. 19 ...... and was approved by the .......................................................
repassed after disapproval Elective Chief Executive Officer ~
and was deemed duly adopted on ........................................................ 19 ........ , in accordance with the applicable
provisions of law.
(Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No ................... of 19 ..........
County
of the City of ...................................... was duly passed by the ......................................................................................
Town (Name of Legislative Body)
Village
not disapproved
on ................................................... 19 ........ and was approved by the .............................................................
repassed after disapproval Elective chief ~xec~ti,,e Om°e,"
on ...................................................................... J.9. ........ Such local law was submitted to the people by reason of a
mandatory
permissive referendum,and received the affirmative vote of a majority of the qualified electors voting
general
thereon at the special election held on ...................................................... 19 ........ , in accordance wit'h'h the appli-
annual
cable provisions of law.
(Subject to permissive referendum,and final adoption because no valid petition filed requesting
referendum,)
I hereby certify that the local law annexed hereto, designated as local law No ................... of 19. .........
County
City
of the Town of ...................................... was duly passed by the ................................................................................ on
(Name of Le glslative Body)
Village not disapproved
.................................................... 19 ...... and was approved by the ......................................................... on
repassed after disapproval Elective Chief Executive Officer *
.............................................................. 19 ......... Such local law being subject to a permissive referendum arid no
valid petitiou requesting such referendum having been filed, said local law was deemed duly adopted on
...................................................................... 19 ........ , in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis
or, if there be none, the chairman of the county legislative body, the mayor of a city or village or the supervisor of a town,
where such officer is vested with power to approve or veto local laws or ordinances.
Page 2
5o
(City local law concerning Charter rex ision proposed by petition.)
I hcrebvcerti£v that thclocat lawanncxed hereto, designated as local law No ..................... of 1.9 ........
of the City of .......................................................................... having been submitted to referenduw pursuant to the
~ 36
p. rovisions of 37 of the ?dunicipal th.,me Rule Law, amt having recei-ved the affirmative vote of a majority
special
of the qualified electors of such city voting thereon at the general election held on ..................................
................ 19 ............ became operative.
(County local law concerning adoption of Charter.)
I hereby certit'y that the local law annexed hereto, designated as Local Law No ....... of t9 ...... of the
County of ......................................... State of New York, having been submitted to the Electors at the
General Election of November ........... 19 ........... pursuant .to s[abdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors 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.
(If any other authorized form of final adoption has been followed, please provide an appropriate
certification.~
~ 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 correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph ............. !. ............. above.
C~er{ of the County legislative body, City, ~al or Village 6-1;tk ~; '-
officer designated by local legislative body
Date: January 23, 1986
Judith T. Terry, Town Clerk
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF ....S...O...F...F...O..b.K. ...........................
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
Si~amto
Date: January 23, 1986 County
of ....... .....................................
TOWB
Viii:ge
Page 3
PUBLIC HEARING
SOUTHOLD TOWN BOARD
January 7, 1986
8:00 P.M.
IN THE MATTER OF A PROPOSED LOCAL LAW ENTITLED, "A LOCAL LAW IN
RELATION TO ACCESSORY APARTMENTS IN EXISTING DWELLINGS.
Present:
Supervisor Francis J. Murphy
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Councilman George L. Penny IV
Town Clerk Judith T. Terry
TOwn Attorney Robert W. Tasker
SUPERVISOR MURPHY: It's now 8:00 o'clock and I'd like to hold a public hearing
on a proposed Local Law in Relation to Accessory Apartments in Existing Dwellings.
Councilman Schondebare will do the official reading.
COUNCILMAN SCHONDEBARE: "Notice is hereby given that a public hearing will
be held by the Town Board of the Town of Southold at the Southold Town Hall,
Main Road, Southold, New York, on the 7th day of January, 1986, at 8:00 P.M.,
pertaining to the enactment by the Town Board of Section 100-13 of the Zoning
Code of the Town of Southold to amend it 'to provide a new section on Accessory
Apartments." It's quite long, quite lengthy and I will not go into the whole thing.
I have an affidavit of posting by the Town Clerk on the Town Clerk's Bulletin
Board of the Town Hall. An affidavit of publication by The Suffolk Times and an
affidavit of publication by The Long Island Traveler-Watchman.
We do have communication from the County of Suffolk, Department of Planning,
dated October 28, 1985: "Gentlemen: Pursuant to the requirements of Sections 1323
to 1332 of the Suffolk County Charter, the above referenced application which has
been submitted to the Suffolk County Planning Commission is considered to be a matter
for local determination. A decision of local determination should not be construed as
either an approval or disapproval." That is the end of that letter.
I have another letter, dated December 3, 1985, from the Planning Board of the
Town of Southold to the Town Clerk: "Dear Mrs. Terry: The following action was
taken by the Southold Town Planning Board, Monday, December 2, 1985: RESOLVED
that the $outhold Town Planning Board forward the following comments regarding the
proposed Local Law on Accessory Apartments to the Town Board: The Planning Board
has no objection to the proposal, however, they recommend that paragraph O, which
states that site plan approval is not required, be deleted. It was also noted, that
paragraph K, regarding the termination of a certificate of occupancy would be hard
to enforce, since it is difficult to police deed transfers or elimination of owner
occupancy. The Board recommends that an enforcement officer be set up to aid
Page 2 - Public Hearing - . .~cessory Apartments
in this matter. The Planning Board feels that with the proper enforcement this
Local Law would be beneficial. If you have any questions, please don't hesitate
to contact our office. Very truly yours, Bennett Orlowski." That is all the
communications that I have.
COUNCILMAN SCHONDEBARE: You don't have this one? (Letter from the Suffolk
County Department of Health Services).
SUPERVISOR MURPHY: Let Jay add it to the reading.
COUNCILMAN SCHONDEBARE: This is from the County of Suffolk, the Department
of Health Services, dated October 30th, 1985, addressed to the Office of the Town
Clerk. "Dear Mrs. Terry: Your letter of October 23, 1985 addressed to the New
York State Department of Environmental Conservation was by copy directed to this
department for written comment. This amendment to Chapter 100 of the Code of the
Town of Southold is of interest to this department in that the Suffolk County Sanitary
Code, Article 14 Housing Hygiene and Occupancy, contains standards relating to the
density of dwellings and dwelling units. I have attached a copy of Article 14 and
direct your attention to Section 1445. A condition which is associated with the ex-
pansion to two family occupancy is the adequacy of the sewage disposal and water
supply facilities. The lis~ of requirements should be expanded to include approval
by the Suffolk County Department of Health Services of the water supply and sewage
disposal systems. Section 100-30B Subsection 14 (o) as proposed would not require
site plan approval by the Planning Board. This could present a problem since some
areas of the town already have a marginal water supply condition with limited or no
control on the humber of residences in any given area that could be converted, it
may I~e possible to increase the population density in an area to such an extent so as
to overtax the groundwater supply. With all the effort that has been expended on
updating the Town master plan, it may be wise to address this issue of accessory
apartments as part of the overall Town master plan. Should you, the Town Board,
or the Building Department wish to discuss the above further, please do not hesitate
to contact me. Very truly yours, Aldo Andreoll, P.E., Director of Environmental
Health."
SUPERVISOR MURPHY: Okay, you've heard the official reading of the file. Is
there anyone here who would like to speak in favor of this proposal Local Law on
Accessory Apartments?
RUTH OLIVA, North Fork Environmental Council: Yes, we certainly do approve of
this law. We could concur with the Planning Board and the Board of Health. Number
one, with the Board of Health that there should be something in the code that the
water and sewage be examined by the Board of Health to make sure they are adequate
for the amount of people that will be living there. And we agree there are marginal
lands in Town and that could present a problem. We do feel that the Planning Board
should have site plan approval, with a public hearing. I think that's necessary. And
we would also concur with the Planning Board as far as enforcement is concerned. You
have to have some way to enforce this. Thank you very much. Otherwise, we're in
favor.
SUPERVISOR MURPHY:
favor? (No response. )
Law? (No response.)
Thank you. Is there anyone else would like to speak in
Anyone llke to speak in opposition to this proposed Local
Anyone like to make any comments?
COUNCILMAN SCHONDEBARE: Yes. We have spent years, days and hours doing
this and only one person shows up.
~Page 3 - Public Hearing - ~,ccessory Apartments
SUPERVISOR MURPHY: And it's ironic, I think, that the grouper law, that was
thrown out, I think will make this a waste of time. But we're trying.
COUNCILMAN SCHONDEBARE: On the other hand, the last time we had a public
hearing only one person showed up and grieved later on. I'm referring to the
Moratorium.
SUPERVISOR MURPHY: We're trying. Is there any other Town Board member
would Hke to make a comment? (No response.) If not I'll close this public hearing.
Judith T. Terry~
Southold Town Clerk
LEGAL NOTICE
NOTICE OF ADOPTION
I,O~AL ][~W NO. 1 -
NOTICE IS HEREBY GIVEN
that the Southold Town Board at
a regular m6otto~ held on Janu.
ery 21, t986 adoptod Local Law
No. 1 - 1986 entitled. "A Local
Law in relation to Acccoas~
Apartments m existing dwell-
ings.- ·
which reads as follows, to wit:
BE IT ENACTED by the Town
Board o£the Town of Southald as
follows: Chapter 100 (Z~ming) of
the Code of the Town of Sonthold
is amended as follows:
Section 100-13 thereof (Defu~.
tions) is amended by adding the
following thereto:-
a presently existing one-faro.
ily dwelling~pursuant to Sec-
tion 100-30B(14).
I. Section 100-3B (8peci~ Ex-
ception us~) is amended by
~ a new subz~tion
thereta,:~.be sub~ction (14)
to read as follows:
(14) One acce~ory apm'tment
in un existing on, family
dwelling, sub~ to the
following requir~monts:
(a)
merit~,~,d~ be loomed
m the I~ncipui
the owner's ~rtocil~l
re~fome. Tho ~ther
leased for ye~r-ronnd
occupm~y, evidenced
by a writton lonas for
(c) The exis~ng one-
fsmily dwelling s~udl
contain not lam than
sixteen hundred
(1,600) squ~re feet of
livable floor eron.
(d) The ascoasory apart.
sot le~ tAa~ four
hundred flity (450)
square feet of livable
floor area.
(e) The - ~_~ory
mant shall not emeed
forty (40%) percent of
livable'floor aron of
the ex~ti~g dwelling '
unit.
(D A mininmm of three
(3) off-otreot parking
spaces shall be pro-
vided.
(g) Not more than one (1)
acce~ory aport~nent
shall be permitted on
a lot.
(h) The accessory apart-
ment shall meet the
requirements of a
dwelling unit as de-
freed in Section 100-
13 hareof.
(i) The exterior entry to
the aeces~ory apart-
ment shall, to the
maximum extent
possible, retain the
existing al~earance
' of a one-family dwell.
lng.
(j) All exterior xitera-
tions to the existing
building, except for
~ees to the apar~-
~aon~, shall be made
on th~ existing foun-
dation.
(k) Certifica~ of Occu-
pancy shall tonui-
nato upon the t~mms-
far of title by the
owner, or upon the
owner ceasi~ to oc-
cupy one ofthe dwell-
ing units as the
owner's principal re-
~idenco. In the event
of an owner's dmnise.
the occupant of an ac.
~ apartment
may continue in ocon-
pan(9, until a new
owner shall ~FaP~
the halan~e of ~
dwelli~i~ or o~e (1)
~ear from d~te of said
demise, whichever
shall fir~ oecur.
(1) All ~onvei, siotts sub-
Buildi-_= Inspector
and t~newml of Cer-
tlficato of Occupancy
(m) T~ilding Which is
conve~ed to permit
mn acc~ry apart-
merit ~balt ha ui exas-
tosco :mad have a
valid cortificote ofoc.
~ isled I~ior
to January.I, 1984.
(n) T~ existi~ build-
acco~ory.al~ment.
other reg~remonts
of Chapter 100 of the
Town Code of the
Town of Southold.
(o) Notwi~nAi,,g the
profdsi~s of Section
100-3B ~reof, no site
plan aid'oval bi, the
Pls,,,~i,g Board shall
be required for the es.
tsblimhment of an ac-
ceaso~ apartment.
H. This Lo~I Law shall take el.
fact upon its fllh~ with the
DA'I~D: Junuary 21, 1986
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
1TF134i154
STATE OF NEW YORK )
) SS:
COUNTY OF SUFFOLK )
Mary K. Degnan 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 _13
dayof February 1986
/ P~cipal Clerk
ANN M. ABATE
.rn to befor~.~/~e this
LEGAL NOTICI~
NOTICE OF ADOIY~ION
LOCAL LAW NO. 1-1986
NOTICE IS HEREBY
GIVEN that the Southold Town
Board at a ~gular meeting held
on January 21, 1986 adopted
Local Law No. 1-1986 entitled,
"A Local Law in relation to Ac-
cessory Apartments in existing
dwellings." which reads as
follOWS, to wit:
BE IT ENACTED by the
Town Board of the Town of
Southold as follows: Chapter
100 (Zoning) of the Code of the
Town of Southold is amended as
follows:
Section ' 100-13 ' thereof
(Definitions) is amended by ad-
ding the following thereto:
ACCESSORY
APARTMENT- A dwelling unit
crea~d in a p~sently existing
one-family dwelling pursuant to
Section 100-30B(14).
1. Section 100-30B (Special
Exception uses) is amended by
adding a new subsection there~
to be subsection (14) to read as
follows:
(14) One accessory apextment
in an existir~ one-fairly dwell-
lng, subject, to the following
requir~nents:
(a) Tbe 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 shah be leased for
year-round occupancy, evidenc-
ed by a written lease for a term
of one or more years.
(c) The existing one-family
dwelling shall contain not less
than sixteen, hund~.ed. (1,600)
square feet of liveable floor
(d) The accessory apartment
shah contain not less than four
hundred fifty (450) square feet
of liveable floor area.
(e) The accessory apartment
shall not exceed forty
(40%)percent of liveable floor
area of the existing dwelling
(f) A minimum of three (3)
off-street parking spaces shall be
provided.
(~) Not more than one (1) ac-
ce~ory apartment shall be per-
mitted on a lot,
(h) The aeeessory apartment
shall meet the requirements of
a dwelling unit as defined in
Section 100-13 hereof.
(i) The exterior entry to the
accessory apartment shall, to
the maximum extent possible,
retain the existing exterior ap-
pearance of a one-family
dwelling.
(j) All exterior alterations to
the existing building, except for
access to the apartment, shah be
made on the existing
foundation.
COUNTY OF SUFFOLK
STATE OF NEW YORK
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 .......... ./~?_~ . .z~.'. ....
Sworn to before me this /~ ~
..................... day of
...... !'Z.-:?.. ..... ,
(k) Certiflca~ of Occupancy
shall t~ z,~l~e upon the transfer
of title by the owner, or upon
the owner ceasing to occupy one
of the dwelling units ns tbe
owner's principal residence In
the event of an owner's demise,
the occupant of an accessory
apartment may continue in oc-
copancy until a new owner shall
occupy the balanee of the dwell-
ing or one (l) year fwm date of
said demise, whichever shall first
Occur.
(I) All conversions subj~t to
and Renewat of Certificate of
Occupancy annually.
(m) The building which is
apartment shall be in existence
and have a valid certificate of
occupancy issued prior to
January 1, 1984.
(n) The existing building,
together with the accessory
apartment, shall comply with all
other requirements of Chapter
100 of the Town Code of the
Town of Southold:
(o) Notwithstanding the pro-
visions of Section 100-30B
hereof, no site plan approval by
the Planning Board shall be re-
quim:l for the establishment of
an accessory apartment.
IL This Local Law shall take
effect upon its f'ding with the
Secretary of State.
DATED: January 21, 1986.
JUDITH T. TERRY
~' SOUTHOLD- ~OWN~ CLERK
1T2/13/86(11)
Notary Public
BARBARA FORBES
}fora,fy Pubiie, State o~ New York
No.
Quali£icd in Su£io;k County
Commission Expires March 30, 19~
NOTICE OF PUBLIC
HEARING ON LOCAL LAW
PUBLIC NOTICE IS HERE-
BY GIVEN that there has been
presented to the Town Board
of~the Town of Southold, Suf-
folk County, New York. on the
22nd day of October, 1985, a
Local Law entitled, "A Local
Law in relation to Accessory
Apartments in existing dwell-
ings," which reads as follows,
to wit~ BE IT ENACTED by the
Town Board of the Town of
Southold as follows: Chapter
100 (Zoning) of thc Code of thc
Town of Southold is amended
as follows.
Section 100.13. thereof (De-
finitions) is amended by add-
ins the following thereto:
ACCESSORY APARTMENT
A dwelling unit created in a
presently existing one-family
dwelling pursuant to Section
100-30B (14).
I. Section 100-30B (Special
Ex~:eptlou uses) is amended by
adding a new subsection
thereto, to be subsection (14)
to read as follows:
(14) One .'accessory apart-
ment in an'i~xisting one-faro-
ily ~dwelling, subject to~ the
folldi~in~ ~requimments:
(a) The accessor~ apanmem
shall be located in the princi-
paLhuilding. _
(b) The owner of the existing
dwelling shaff~'~upy on~ of
the dwelling units as the own-
er's principal residence~ The
other dwelling unit shall be
leased for year-round occu-
pancy, evidehced by a written
lease for a term of one or more
~ears.
(c} The existing one-family
dwelling shall contain not less
than sixteen hundred (1,600)
square feet of liveable ficor
area.
(d) The accessory apartmen!
shall contain not .less than four
hundred fifty (450) squt~re feel
of liveable floor area.
(e) The accessory apartment
shall not exceed forty [40%)
percent of liveable floor area of
the existing dwelling unit.
(f) A minimum of three (3)
off-street parking spaces shall
be provided.
(g) Not more than one (1)
accessory apartment shall be
permitted on a lot.
(h) The accessory apartment
shall meet the requirements of
a dwelling unit as defined in
Section 100-13 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.
(j) All exterior alterations to
the existing building, except
for access to the apartment.
shall be made on the existing
foundation.
COUNTY OF SUFFOLK
STATE OF NEW YORK
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 ......... ./.~?. i~'. .......
Sworn to before me this ........ ./.~ .~. ...... day of
~z/certlttcate of Occupancy
shall terminate upon the trans-
fei' 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
(1) year from date of said
cruise, whichever shall first
occor,
(1) All conversions subject to
inspection of Building Inspec~.
or and Renewal of Certificate
of Occupancy annually.
(m) The building which is
converted to permit an acces-
sory apartment shall be in
existenc~ and' have a valid
cectific~t~ llgoecupancy issued
prior to January 1. 1984.
(n) The existing building,
of the Town of 5outhold.
(o) Notwithstanding the pro.
vistons of Section 100-30B
hereoL no site plan approval
by the Planning Board shall be
required for the establishment
of an accessory apartment.
II. This Local law sh~ll 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 FDRTHER GIV-
EN that the Town Bourd of the
Town of Southold will hold a
public hearing on the aforesaid
Local Law ar the l~Yathold
Town Hall. Main Rmui, Soath-
old, New York, on the 7th day
of January, 19~6. at 8:00 P.M.,
at which time all interested
persons will he heard.
DATED: December 3, 1985.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
1T-12/12/85(6)
Notary Public
BARBARA FORBES
l~Iotary Public, State of New York
No. 4806846
Qualified in Su£folk County
Uommission Expires March 30, 19 ~
LEGAL NOTICE
NOTICE OF PUBLIC
HEARING ON LOCAL LAW
PUBLIC NOTICE IS
HEREBY GIVEN that there has
been presented to the Town
Board of the Town of Southo]d,
Suffolk County, New York, on
the 22nd day of October, 1985, a
~cal Law entitled, "A Local Law
m relation to Accessory Apart-
ments in existing dwellings",
which reads as follows, to wit:
BE IT ENACTED by the Town
Board of the Town of Southold as
follows:
Chapter 100 (Zoning) of the Code
of the Town of Southold is
amended as follows:
Section 100-13 thereof(Defini-
tions) is amended by adding the
following thereto:
ACCESSORY APARTMENT
- A dwelling unit created in
a presently existing one-faro-
i]y dwelling pursuant to Sec-
tion 100-30B(14).
I. Section 100-30B (Special Ex-
ception uses) is amended by
adding a new subsection
thereto, to be subsection (14)
to read as follwos:
(14) ?ne accessory apartment
is an existing one-family
dwelling, subject to the
following requirements:
(a) The accessory apart-
ment shall be located in
the principal building.
(b) The owner of the
existing dwelling shall
occupy one of the dwell-
ing 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
(c) The existing one-faro-
ily dwelling shall contain
not less than sixteen
hundred (1,600) square
feet of livable floor area.
(d) The accessory apart-
ment shah contain not
less th~~ four hundred
fifty (41 quare feet of
livable t,vJr area.
(et The accessory apart-
ment shall not exceed
forty (40%) percent of liv
able floor area of the
existing dwelling unit.
(Il A minimum of three
(3) off-street parking
spaces shall be provided.
/gl Not more than one Il/
accessory apartment
shall be permitted on a
lot.
(h) The accessory apart-
ment shall meet the re-
quirements of a dwelling
unit as defined in Section
100-13 bereo£
Iii The exterior entry to
the accessory apartment
shall, to the maximum
extent possible, retain
the existing exterior ap-
pearance of a one-family
dwelling.
ki) All exterior alters*
tions to the existing
building, except for ac-
cess to the apartment,
shall be made on the
existing foundation.
(k) Certificate of Occu-
pancy 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 oc-
cupant of an accessory
apartment may continue
in occupancy until a new
owner shall occupy the
balance of the dwelling or
one (1) year from date of
said demise, whichever
shall first occur.
(bAll conversions sub-
jeact to inspection of
Building Inspector and
Renewal of Certificate of
Occupancy annually.
(m) The building which is
converted to permit an
accessory apartment
shall be in existence and
have a valid certificate of
occupancy issued prior to
January 1, 1984.
(n) The existing building,
together with the acces-
sory apartment, shall
comply with all other re-
quirements of Chapter
100 of the Town Code of
the Town of Southold.
(o) Notwithstanding the
provisions &Section 100-
30B hereof, no site plan
approval by the Planning
Board shall be required
for the establishment of
an accessory apartment.
II. This Local Law shall take ef-
fect 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 bearing on the aforesaid
Local Law at the Southold Town
I~all, Main Road, Southold, New
York, on the 7th day of January,
1986, at 8:00 P.M., at which time
all interested persons will be
heard.
DATED: December 3, 1985.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
1TD12-5103
STATE OF NEW YORK
) SS:
COUNTY OF SUFFOLK
Mary K. Deqnar~ of Graanport, in
said County, being duly sworn, says that he/she le
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Gresnport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which the annexed is
e printed copy, has been regularly published in
said Newspaper once each week for one
weeks successively, commencing on the ] 2
day of December 19 8~5_
/ '~ ANN M. ABATE
Sworn to befo~,q me this /~ov PUBLIC, State 0f New York