HomeMy WebLinkAboutLL-1993 #03LOCAL LAW NO. 3 1993
A Local Law in Relation to Affordable Housing
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended to read as follows:
1. Section 100-51 of the Code of the Town of Southold is hereby
amended to read as follows:
MODERATE-INCOME FAMILY - A family whose aggregate annual
income, including the total of all current annual income, including
the total of all current annual income of all family members
(excluding the earnings of working family members under age
twenty-one (21)) from any source whatsoever at the time of
application for the purchase or lease of an affordable housing unit
or the purchase of an unimproved affordable lot, does not exceed
thh'ty--ni~ thousa~J" do+H~s- ($397000~7 fifty-three thousand
one hundred ninety-nine dollars ($53,199.), which annual income
shall be revised each year on-Jantm~ 3~ to conform to the
previous year~s change in the consumer price index.
2. Section 100-56(E) is hereby amended to read as follows:
E. Maximum sales price and monthly rent.
(1)
In an AHD District, the maximum initial sales price of a
dwelling unit or unimproved lot reserved for sale to
moderate-income families shall be as follows:
(a)
Unimproved lot containing an area of ten thousand
(10,000) square feet: twet~t~-f~'ve thouse~
d~Nrr~-{$~5;080} thirty-four thousand one
hundred and three dollars ($34,103.)..
(2)
(b)
(c)
Attached dwelling unit: s~'t~ thou-~e'n,d" do~Fa~s-
{$60;000~ eighty-one thousand eight hundred
and forty-four dollars ($81,844.)
Single-family detached dwelling unit:
sever~ty-f+ve thou~rdo~l~-{$75;OOOv~
one hundred and two thousand three hundred and
eight dollars ($102,308.)
The maximum initial monthly rent, exclusive of utilities,
for a dwelling unit reserved for moderate-income families
in the AHD District shall be as follows:
(a) Studio apartment: three htr~red doH~rr~-
{$300:) four hundred and seven dollars ($407.).
II.
(b)
One-bedroom dwelling unit: f~ur ht~r~reel
d~n~Fe~ {${~$8~) five hundred forty-four dollars
($5~.).
(c) Two-bedroom dwelling unit:
clara, s-t~$58e:) six hundred eighty two ($682.).
(d) The provisions of the Section 100-56E(2) shall remain
in effect as to each dwelling unit for a period of
fifteen (15) years from the date of the initial lease
thereof.
This Local Law shall take effect upon its filing with the Secretary of
State.
* Underline represents addition(s)
** Underscore represent deletion(s)
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State;)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
' 1~'2¢cof Southold
Local Law No ............ .3. ....................... of'the year 19--9-3---
A local law ..... [.n.._R._e.J.a.t.j.o.n..t.o...b. fto. ..................................................
Be it enacted by the Town Board ..
..... ?~f2;~£;,;;2,','~-~;£ ............................................................... of the
(~tyc Sobthold
Town of .......................................................................... ................. as follows:
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 hereby amended
to read as follows:
Section 100-51 of the Comte of the Town of Southold is hereby amended
to read as follows:
MODERATE-INCOME FAMILY - A family whose aggregate annual income,
including the total of all current annual income of all family members
[excluding the earnings of working family .members under age twenty-one
(21)] from any source whatsoever at the time of application for the
purchase or lease of an affordable housing unit or the purchase of an
unimproved affordable lot, does not exceed fifty-three thousand one
hundred ninety-nine dollars ($53,199.), which annual income shall be
revised each year to conform to the previous year's change in the
consumer price index.
2. Section 100-56(E) is hereby amended to read as follows:
E. Maximum sales price and monthly rent.
(1)
In an AHD District, the maximum initial sales price of a dwelling
unit or unimproved lot reserved for sale to moderate-income
families shall be as follows:
(If additional space is needed, attach pages the same size as this ~heet~ and'number each.)
DOs-239 (Rev. ?~9,) . (1)
(a)
Unimproved lot containing an area of ten thousand (10,000)
square feet: thirty-four thousand one hundred and three
dollars ($34,103.).
(b) Attached dwelling unit: eighty-one thousand eight hundred
and forty-one dollars ($~31,844.).
(c) Single-family detached dwelling unit: one hundred and two
thousand three hundred and eight dollars ($102,308.).
(2)
The maximum initial monthly rent, inclusive of utilities, for a
dwelling unit reserved for moderate-income families in the AHD
District shall be as follows:
(a) Studio apartment: four hundred and seven dollars ($407.).
(b) One-bedroom dwelling unit: five hundred forty-four dollars
($544.).
(c) Two-bedroom dwelling unit: six hundred eighty-two dollars
($682.).
(d)
The provisions of this Section 100-56E[2) shall remain in
effect as to each dwelling unit for a period of fifteen (15)
year's from the date of the initial lease thereof.
I. This Local Law shall take effect upon its Filing with the Secretary of State.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable,)
1. (Final adoption by local legislative body only.)
i hereby certify that the local law annexed hereto, designated as local law No .......... _3_ ........................of 19--9-3---
of the ( ~(~:m0y)~l~(T. own)~Rlga~f) of _..._~;o. ~u.l:b.o. Ld. ............................................... was duly passed by the
........... Lo.~n__~_O_OECt .................. on ._~3_a. Ec__h____2__3__ 19 _9__3_, in accordance with the applicable provisions of law.
(Name af Legi~latlve Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the .................................................. and was deemed duly adopted on .................. 19 ....,
(Elective Chief Executive Officer*)
in accordance with the applicable provisions of law.
3. (FinM adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No ..................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19 ...., and was (approved)(not approved)(repassed after
(Name o/Legislative Body)
disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted
(Elective Chief Executive Officer*)
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the-qualified electors voting thereon at the (general)(special)(annual) election held on .................. 19---- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the ' ' ....
on .................. 19 Such local law was subject to
(£1ective Chief Executive Officer')
permissive referendum and no valid petition requesting such referendum was filed as of .................. 19--,_ , in
accordance with the applicable provisions of law.
*-"~'~tive Chief Executive Officer means or includes the chief executive officer ora county elected on a county.
wide basis or, if there be none, the chairperson of the county legislative bo.dy, the mayor of a city or village, or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
5. (City local law concerningCharter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of- 19 ......
of the City of ............................................. having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(genem[) election held on ................... 19 .... ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the County of .................................................... State of New York, having been submitted to the electors
at the General Election of November ......................19 .... , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and 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 in-
dicated in paragraph ..... _1. ..... , above.
Clerk of the C~nnty ieg~slative body, City, T(~wa o~Village Clerk~
· or officer designated by local legislative body
Judith T. Terry, Town Clerk
(Seal) Date: March 2t~, 1003
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEVI YORK
COUNTY OF ~ql II::FOLK
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had °r taken f°r the enactment °f the l°ca~ lx~a~a~x~?eret°'~': ' ~
Sigthture/ - - v ' .
Matthew G. Kiernan, Assistant Town Attorney
Tille
~i~x of
Toxvn
Southold
Date:
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
March 23, 1993
4:30 P.M.
THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO AFFORDABLE
HOUSING".
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilman Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: At this time a "Local Law in Relation to a Affordable
Housing", a public hearing will be held. The proof of publication, and verification
of such Local Law Councilman Wickham will read.
COUNCILMAN WICKHAM: "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 9th day of March, 1993, a Local Law entitled, "A Local Law in Relation
to Affordable Housing". 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 23rd day of March, 1993,
at 4:30 P.M., at which time all interested persons will be heard. This proposed
"Local Law in Relation to Affordable Housing" reads as follows:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended to read as follows:
1. Section 100-51 of the Code of the Town of Southold is hereby
amended to read as follows:
MODERATE-INCOME FAMILY - A Family whose aggregate annual
income, including the total of all current annual income of all family
members [excluding the earnings of working family members under
age twenty-one (21)] from any source whatsoever at the time of
application for the purchase or lease of an affordable housing unit
or the purchase of an unimproved affordable lot, does not exceed
t-hh*-ty-r~h3e-t~d dollars (-$-3~-,-000-.-), fifty-three thousand one
hundred ninety-nine dollars ($53,199.) which annual income shall be
revised each year on Ja~ua~¥ ~34 to conform to the previous year's
change in the consumer price index.
Pg 2 - PH LL Affordable ,using
II. This Local Law shall take effect
* Underline represents addition(s)
** Underscore represents deletion(s)
Section I00-56(E) is hereby amended to read as follows:
E. Maximum sales price and monthly rent.
(1) In an AHD District, the maximum initial sales price
of a dwelling unit or unimproved lot reserved for
sale to moderate-income families shall be as follows:
(a) Unimproved lot containing an area of ten
thousand (10,000) square feet: t:wen-t¥--f½ve
~hou$~t~d -e~Uar~ f$~5~eee~ thirty-four
thousand one hundred and three dollars
($34,103.).
(b) Attached dwelling unit: si-~t~
d~le~s ($607000~) eighty-one thousand ei,ght
hundred and forty-four dollars ($81,844.).
(c) Single-family detached dwelling unit:
seve~t~/~+ve t-heu~se~td-deHars {$7570007~ one
hundred and two thousand three hundred
and ei.qht dollars ($102,308.).
(2) The maximum initial monthly rent, exclusive of
utilities, for a dwelling unit reserved for moderate-
income families in the AHD District shall be as
follows:
(a) Studio apartment: ~h~ee
do~ ~$~ee~ four hundred and
seven dollars ($407.).
(b) One-bedroom dwelling unit:
ht~3~ed doHar~ ~$400=) five hundred
forty-four dollars ($544.).
(c) Two-bedroom dwelling unit:
h*,z~rt~ed-do~ta~s {$$00~ six hundred
eighty-two ($682.).
(d) The provisions of this Section 100-
56E(2) shall remain in effect as to
each dwelling unit for a period of
fifteen (15) years from the date of
the initial lease thereof.
upon its filing with the Secretary of State.
Copies of this Local Law are available in the Office of the Town Clerk to any
interested persons during business hours. Dated: March 9, 1993. Judith T.
Terry, Southold Town Clerk." I have before me an affidavit, that it's out on
the Town Clerk's Bulletin Board outside the room here, and 1, also, have a notice,
that it has appeared in The Long Island Traveler-Mattitt~ck Watchman. I have
two communication on this subject dated March 2, 1993, one from the County
of Suffolk. Pursuant to the requirements of Sections A14-14 to 23 of the Suffolk
County Administrative Code, the above reference application which has been sub-
mitted 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. Also, on March 2, we have a communication
from the Planning Board Office. Judith T. Terry, Town Clerk, Dear Mrs. Terry.
The above noted amendment to the Zoning Code was considered by the Planning
Board at their March I, 1993 meeting. We agreed to forward the following comments
to the Town Board. The upper income, and price limits of the Town's Affordable
Pg 3 - PH LL Affordable using
Housing District need to he re-examined. Originally this District was thought
to fill a need which the market place was unable to address. Now, it appears
to be in competition with it. The Town Code allows for a maximum allowable income
of slightly more than $53,000.00. It also sets the maximum allowable sales price
of lots and homes more than $34,000.00 per lot, and more than $102,000.00 per
home at a high enough rate that the Town's program may now be in competition
with similarly priced houses, and property, on the real estate market. If the
Town Board decides to amend the Zoning Code in order to allow for these increased
limits, the Planning Board would then recommend the Town undertake a review,
and revamping of the goals, and objectives of this housing program with considera-
tion given to the current real estate market. Sincerely, Richard G. Ward, Chairman
of the Planning Board, and that's all the communications I have on this.
SUPERVISOR HARRIS: Thank you, Tom. Are there members of the audience
at this time would like to comment in reference to this public hearing?
MARGARET BROWN: I concur with the Planning Board. It needs to be re-examined.
As far as the prices are concerned, I feel that's they're much too high, if you
are seriously interested in providing affordable housing for the people out there.
Thank you.
SUPERVISOR HARRIS: Is there anybody else from the audience? (No response.)
Councilman Lizewski?
COUNCILMAN LIZEWSKI: Affordable housing has always been one of those things
that amazes me how people look at affordable housing, because they don't realize
that affordable housing is really affordable, is really affordable land. As long
as you have a control of the size of the lots, you really have control of affordable
housing. I don't think you can find that a two by two varies in difference much
in price, or a piece of sheetrock, or the labor that puts it up is going to vary
a great amount in any town, especially out here where we have a limited amount
of supply, and we have certain amount of people, who do our building. What
you can do for affordable housing is cut down the size of the land, which would
have to be done through water and sewage through public health. I think affordable
housing is basically limited by departments other than what we just have in our
town. I don't think affordable housing is something, that we can just legislate.
I think it has a lot to do with supply and demand of land, and the way our Codes
read with a piece of land.
SUPERVISOR HARRIS: Thank you. Councilman?
COUNCILMAN PENNY: There's been some articles in the paper, that alreadypreceeded
this public hearing, as a result of the fact that all the Town Board did is update
the figures, that are in the Code. Three years ago the Town endeavored to
commence on a update, and a review of this program, and quite honestly, it hasn't
come forth yet. It's very hard to justify the figures, that are there. But then
again, it's equally hard to knock the figures that are there, when we don't have
the information. I'm only sorry that Jim McMahon is not here today, because when
you look at these figures, and Jim would explain, the average income of the people,
that were qualified under our Affordable Housing Law formortgagability, their average
income was around $35,000.00. These people were deemed mort~agable, which is
the key aspect of our program. This is not a town subsidized program in any
way. There are State grants, that are available, which reduce the cost two levels,
which are well below the ultimate figure of $104,000, or whatever thousand it is.
Pg 4 - PH LL Affordable ,~ousing
I did a little more research after writing a letter to the Editor, where I stated
that I believe the Riverhead prices were $88,000.00 in their last proposal, and
the Southold in their last proposal was $83,000.00. That's bearing in mind, that
the cost to a developer in Southold Town is $5,000.00 more to provide a water
hookup to these units. So, in effect, if we didn't have to pay for that water,
that water hookup, we'd be looking at about $78,000.00. I took a ride through
Riverhead's affordable housing project, and quite honestly, there's another major
difference. They're on quarter acre lots. As Joe said before, the lot size is
very important to whether or not you can create affordable housing. Affordable
housing was created as a result of a major upzoning by the Town Board in 1983.
That was as a result of pressure from people in the community, that felt that
the Town was being eaten alive by development. Well, the result was is that most
of the local families that are here, that have kids in the community, turned around,
and said that's fine, but how are our kids ever going to afford to live here, if
in fact they have to buy a two acre lot? In about four or five years, that proved
absolutely correct. The young people were living in illegal apartments, were
living in garages, were living in basements, were moving in with mom and dad,
never had a shot at, quote, unquote, American dream. This relieved some of
the pressure, this law. This law was done in about 1986, between 1986 and 1987.
There's about 100 families, that have taken advantage of this law, and believe
you me, if you want to see what this is all about, go check the names of the people,
that are in the community. These names are synonymous with ,your neighbors,
my neighbors, Scott's neighbors, Joe's, Alice's neighbors. Everybody's neighbors
have relatives, or kids, in there, because these ~]re local kids. The last one down
here, Southold Villas, went, I believe, to local kids. So, there is a need for
this. Now, are the numbers right, or the numbers wrong? Anybody can sit there,
and second quess it. It's the easiest thing in the world. But, quite seriously,
mortgagabil~lity is the key factor here. The need is the key factor here, and
I'm not going to say,ifitain't broke, don't fix it, because we can fix it. We can
have more people into the program, but the research has got to be done. So,
we're waiting. Sooner or later, I've been told, to let that alone, that's in another
committee. Don't mess with certain aspects of it. Well, I went, and changed some
of the legal stuff, that was in it, because after waiting three years, we had lawyers
approaching us, and also law cases, that were being filed against some of this
affordable housing, and we had to address certain aspect of the law, hut we never
touched the original concept, which is the criteria, or the prices. Please, I hope
that this town does take it seriously, and does complete this study, because three
years is a long time to wail to find out if you're going to be on the list. Thank
you. - -
SUPERVISOR HARRIS: Anybody else? I just wanted to state that..just a point
for clarification, the maximum sale price, and the monthly rents, that are set forth
by this Local Law are in 100-56E, 1 and 2, and they're revised each year on
January 31st, to conform to the previous year change in the consumer price index.
For those of you in the audience, who would like to know about the consumer
price index, the consumer price index of this town last year was 3.6 percent.
That's for 1992 a period ending December 31st. Those are prices, that are published
by the United State Department of Labor, the Bureau of Labor Statistics for New
York Metropolitan area. Based on our Code, that is the increase based on the
Pg 5 - PH LL Affordable using
CPI, Consumer Price Index, that was just following what was read. Thank you.
Is there anyone else that would like to speak on this Local Law change? (No
response.) Hearing none, I declare this public hearing closed.
Judith T. Terr~
Southold Town Clerk
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
Southold, Suffolk County,
New York, on the 9th day of
March, 1993, a Local Law en-
titled, "A Local Law in Rela-
tion to Affordable Housing."
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 23rd day of March,
1993, at 4:30 P.M., at which
time all interested persons will
be heard.
This proposed "Local Law
in Relation to Affordable
Housing" reads as follows:
BE IT ENACTED by the
Town Board of the Town of
Southold as follows:
1. Chapter [00 (Zoning) of
the Code of the Town of
Southold is hereby amended
as follows:
1. Section 100-51 of the Code
of the Town of Southold is
hereby amended to' read as
follows:
MODERATE-INCOME
FAMILY. A family whose ag-
gregate annual income, in-
cluding the total of all current
annual income of all family
members [excluding the earn-
ings of working family
members under age twenty-
one (21)] from any source
whatsoever at the time of ap-
plication for the purchase or
lease of an affordable housing
unit or the purchase of an
unimproved affordable lot,
does not exceed ~
f'fft -three thousand one
dred ninety-nine- dollars
($53~199.)~ which annual in-
come shall be revised each
y/ear on Jmma~y-34 to conform
: to t~b~'.q}revious year's chat,ge
in the consumer price index.
2. Section 100-56(E) is
hereby amended to read as
follows:
E. Maximum sales price
and monthly rent.
(1) In an AHD District, the
maximum initial sales price of
a dwelling unit or unimprov-
ed lot reserved for sale to
moderate-income families
shall be as follows:
Ca) Unimproved lot contain-
ing an. area of ten thousand
(10,000) square feet:
ff~¥~.} thirty-four thou-
sand one hundred anc[ three
dollars ($34~103.}.
Cb) Attached dwelling unit:
(,$~0,~0~00- eighty-one ~hou-
sand eight hundred and ~'ort¥-
Four dollars {$81~844.). ' '
-Cc) Single-family detached
~welling unit: r~v~.~..f4,,~
one hundred and two thou-
sand three hundred and eight
dollars ($1027308.}.
(2) The maximum initial
monthly rent, exclusiv~e of
utilties, for a dwelling unit
reserved for moderate-income
families in the AHD District
shall be as follows:
(a) Studio apartment:i
~k. ~ a~,h t~,- (t~,3~ ~ ~ four
hundred and seven ~ollars
($40'/.)..
Cb) One-hedroom dwelling
unit:
dollars ~$544.). ·
Cc) Two-bedroom dwelling
unit: f4w ~- .bu~ d-- .dott~s
(~$682.)..
Cd) The provisions fif this
Section 100~56E (2) snail re-
main in effect as to:reach
dwelling unit for a period of
fifteen (15) years from the date
of the initial lease thereof.
II. This Local Law shall
take effect upon its filirlg with
the Secretary of State.
· Underline represents addi-
tion(s). · * Underscore
represents deletions(s).
Copies of this Local Law
are available in the Office of
the Town Clerk to a~y in-
terested persons during
business hours.
DATED: March 9, 1993.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
1X-3/15/93(1)
COUNTY OF SUFFOLK ss:
S'I'AIEOF 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 arulexed is a printed copy,
has been published in said I_ong Island Travelei-Watchman
weeks
successively, commencing Oil tile ......................
Sv, ol'n lO before nle Ibis ..................... day of
Notary Public
BARBARA A. SCHNEIDER
NOIARY PUBUC, State o[ New York
No, 4806846
Qualified in Su[[elk County
Commission Expires