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HomeMy WebLinkAboutLL #10 2014 RECEIVED Steven Bellone 5 L� I q 2014 SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Southold Town Clerk Joanne Minieri Deputy County Executive and Commissioner Division i Planning and Environment '.I September 15, 2014 Town of Southold 53095 Main Road P.O. Box 1179 Southold,NY 11971 Attn: Elizabeth Neville Applicant: Town of Southold Zoning Action: Local Law No. 10 of 2014 Amendments to Chapter 280 Zoning "Affordable Housing District" S.C.P.D. File No.: SD-14-LD Dear Ms.Neville: Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, -- Sarah Lansdale Director of Planning �ndrew P. Frele Chief Planner APF/cd I I LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 (631)853-5191 SOUTHOLD TOWN BOARD PUBLIC HEARING August 26, 2014 7:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 7:59 PM COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 6th day of August, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District" , NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 26th day of August, 2014 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chanter 280. Zoning, in connection with the Affordable Housing District" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chanter 280. Zoning, in connection with the Affordable Housing District". BE IT ENACTED by the Town Board of the Town of Southold as follows: A. Purpose. The purpose of these Amendments is to allow more flexibility in the design of Affordable Housing Districts in order to expand the opportunities for the creation of moderate income housing within the Town. Amendments to Chapter 280 Public Hearing August 26, 2014 2 II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: &280-25 Definitions. For- purpose of this ar-tiele, the following+o..ms, rh,ries and w�, shall have the f>>,,. ing Unless otherwise expressly stated, the following terms shall. for the purpose of this Chapter, have the meanings as herein defined. Anv word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the Enalish LanRuaize, unabridged (or latest edition). ASSET - Includes real property holdings and equity, personal property (car, boat, etc.) valued in excess of$10,000, savings, cash, IRAs, 401 k, and any federally recognized tax-deferred vehicles. CONSUMER PRICE INDEX- The consumer price index as published by the United States Department of Labor, Bureau of Labor Statistics, for the New York Metropolitan area. CONVEYANCE - The transfer or transfers of any interest in real property by any method, including but not limited to, sale, exchange, assignment, surrender, mortgage foreclosure, transfer in lieu of foreclosure, option, trust indenture, taking by eminent domain, conveyance upon liquidation or by a receiver, or transfer or acquisition of a controlling interest in any entity with an interest in real property. Notwithstanding the foregoing, conveyance of real property shall not include a conveyance made pursuant to devise, bequest or inheritance; the creation, modification, extension, spreading, severance, consolidation, assignment, transfer, release or satisfaction of a mortgage; a mortgage subordination agreement, a mortgage severance agreement or an instrument given to perfect or correct a recorded mortgage; or a release of lien of tax pursuant to this article or the Internal Revenue Code. HEAD OF HOUSEHOLD - The adult member of the family who is the head of the household for purposes of determining income eligibility and rent.. HOUSEHOLD - The family and live-in aide, if applicable. MODERATE-INCOME FAMILY - A family registered with the Town of Southold Housing Registry 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 18) 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 120% of the HUD median income for the County of Suffolk. MODERATE-INCOME FAMILY DWELLING UNIT - A dwelling unit reserved for rent or sale to a moderate-income family and for which the maximum monthly rent (excluding utilities) or the maximum initial sales price does not exceed the maximum rent or maximum sales price set forth in § 280-30D hereof. Amendments to Chapter 280 Public Hearing August 26, 2014 3 MODERATE-INCOME FAMILY UNIMPROVED LOT - An unimproved lot reserved for sale to a moderate-income family and for which the maximum initial sales price does not exceed the maximum sales price set forth in § 280-30D hereof. Said "unimproved lot" shall mean a vacant parcel of real property designated as a lot on a filed map, inclusive of all utilities brought to the property line. NET WORTH -The net worth of an applicant shall include all liquid assets less debt. Liquid assets shall not include sheltered assets, trusts, Individual Retirement Accounts (IRAs), 401 Ks and all other federally recognized tax-deferred vehicles. PERMANENT FIXED IMPROVEMENT - An improvement to a lot or a moderate-income family dwelling unit which cannot be removed and which provides value to the property above and beyond repairs done to maintain the property in good condition. A permanent fixed improvement must be approved in advance of construction or installation in writing by the Special Projects Coordinator. PRIMARY RESIDENCE - The address listed on a person's federal income tax return. SPECIAL PROJECTS COORDINATOR- The employee of the Town who is responsible for the development, implementation and coordination of the Housing Registry and affordable housing initiatives for the Town of Southold. §280-27. Use regulations. In the AHD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: (1) Permitted uses. (1) Owner-occupied Moderate-Income Family Dwellinp,Unit("MIFDU"), in accordance with the following requirements: (a) An owner-occupied MIFDU shall not be leased. except one time for up to a two-year term, subiect to the written approval of the Special Proiects Coordinator. (b) Owner-occupied MIFDUs may either be attached or detached, or any combination thereof. (2) Tenant-occupied MIFDU, in accordance with the followinv-requirements: (a) A tenant-occupied MIFDU must be leased for a term of not less than one-year. (b) Tenant-occupied MIFDUs may either be attached or detached, or any combination thereof. (4) One family detaehed dwelling whizh ;hull be eeeupied by theowner-of the (21 Two an+4y dwellings w ish shall be eeeupied by the eA%eF of the dwelling, it4e„ ., al of the Sp;7al Projeets G,.,,fdin, e Amendments to Chapter 280 Public Hearing August 26, 2014 4 dwellings.(3) Multiple (44 Row or attaehed dwellings (5) -- prinr-iral building n!y, subjeet to the (a) Theo Leessory ap—ort.1ment shall be leeated in the r cipal building (b) The eAffier-ef the existing dwelling shall eeeup), one ef the dwelling units as the owner-'s pr-ineipal r-esidenee. The other- it shall be !eased fe"a i'round legislation an i,7eneed by ., rine., lease f ..r tor.., of a ., o years. (c) Tho apa-tmert shall zentain notiv than. 350 square feet and sha .,,,t oed o footage o .,l to one half the total o .lewd s o footage v�wvvw u .`�i�uaxav avv�ubv viluua w viae uuaa ( lir) - mi,-mum vi vaav v ff n street par-king spaee stall be pr-evided-. uaaa (e) 1`1 , apartment Nall bided per simg-le- family dwelling ( Not ° D shall hx e-aeeessery (2) Accessory uses. (1) Accessory uses as set forth in and regulated by §280-13C(1), (2), (3), (4), (6) and (7) of this chapter. (2) Accessory apartments are permitted onlv within owner-occupied MIFDUs. subject to the written approval of the Special Projects Coordinator, the issuance of a rental hermit in accordance with &280-13(13) and the followiniz conditions: a) The accessory apartment shall be located within the MIFDU. b) Onlv one accessory apartment shall be permitted in a MIFDU. C) The owner shall occunv either the principal dwellins? or the accessory apartment as the owner's primary residence. d) The accessory apartment shall only_ be occupied bv_ an eliizible family or individual as defined by §280-30 (C). e) The term of the lease for an accessory apartment shall be at least one vear. f) The accessory apartment shall be at least 350 sauare feet and shall not exceed a square foota>;e equal to one half of the total sauare footaize of the MIFDU. g) The accessory apartment shall have only one bathroom. h) A minimum of one off-street narkinp- space shall be provided. i) Not more than 50% of the dwelling units in an approved Affordable Housinl? District shall have accessorv_ apartments. §280-28. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the AHD District unless the same conforms to the following Bulk, Area and Parking Schedule: Bulk, Area and Parking Sehedule Amendments to Chapter 280 Public Hearing August 26, 2014 5 Single Family Two Fami-, Multiple Minimum Requirements Dwellings, DweRiEV DWelBngs Total lot a, e (square feet.). 19-000 29-,W9 '19-AW Lot v,,idth (feat) 80 1W 150 Lot tdepth (fzzt) NO O 110 200 Front ;ard (f ct) 35 35 15 1 side yard (feat) 15 15 '10 Both side yafds t) 25 30 1-0 Do,". gra «�t) 35 35 15 Livable floor-area(squafe fe t 859 6Q9 600 per-dwelli* Off:1trezt parking spa:;.-s 2 2 2 (pof dwelfing) hand area (Squafe feet or 19;000 1-0-,Wo 19;000 dwelling unit) Let coverage (p ent) 29% 215 2-5-OA guWd g height 35 35 35 "'timhar of stcries 2 Bulk, Area and Parking Schedule MIFDU MIFDU Minimum Requirements Owner-Occupied Tenant-Occupied Total lot area(square feet) 10,000 10,000 Lot width (feet) 80 80 Lot depth (feet) 100 100 Front yard (feet) 35 35 1 side yard (feet) 15 15 Both side yards (feet) 25 25 Rear yard (feet) 35 35 Minimum livable floor area 850 450 (square feet per dwelling unit) Off-street parking spaces 2 2 (per dwelling unit) Land area for yield 10,000 10,000 (square feet per dwelling unit) Land area density bonus for n/a 5,000 small rental units in a MIFDU Tenant occupied development. (sq.ft. / dwelling unit <850 sq.ft. up to 50% of the total # of units in the development) B. The Planning Board shall have the authority to reduce or amend yard setback requirements, lot dimension requirements, parkins requirements, and highway Amendments to Chapter 280 Public Hearing August 26, 2014 6 specifications. In making this decision, the Planning Board shall take into consideration the benefit to the applicant, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination, the Planning Board shall also consider: (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the amendments; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than the sought variance; (3) whether the variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. This provision supersedes and amends New York State Town Law §§267, 267-a, 267-b and 267-c insofar as these sections give such authority to the Zoning Board of Appeals. Any amendment to highway specifications shall meet with the approval of the Highway Superintendent. §280-29. Application procedure. A. Application and fees. The application for rezoning shall be filed with the Town Clerk, in a form approved by the Town Board and available in the office of the Town Clerk. Fees applicable to the AHD zoning application shall be set by resolution of the Town Board. B. Application procedure. The procedure for approval of any future development in a proposed AHD District shall involve a three-stage review process as follows: (1) Approval by the Town Board of a preliminary development concept plan. (2) Approval of the final, detailed subdivision plat or site plan by the Planning Board. In an AHD zone, §280-137(A)(5) is inapplicable and the allowable density of MIFDUs shall be determined by the following yield calculation: (a) Buildable land (square feet) divided by the minimum land area per dwelline unit= number of MIFDUs. (3) The zoning classification by the Town Board of a specific parcel or parcels of land for development in accordance with that plan.* §280-30. General regulations and requirements. H. If more than one MIFDU exists on a sinile lot, the dwelling units must either all be owner occupied or tenant occupied units. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Amendments to Chapter 280 Public Hearing August 26, 2014 7 I have a notice that this was posted on the Town Clerk's bulletin board. I also have a notarized affidavit of publication in the Suffolk Times. I have a letter from the Planning Board and I will read it briefly. "Thank you for the opportunity to provide comments on the above local law to amend chapter 280. These amendments are important to ensure that more options become available for the creation of housing for our residents of moderate income. The amendments accomplish this by simplifying the permitted uses, clarifying the potential for an all rental model for development at the same density as an owner-occupied model and improving the application process through allowing the yield to be calculated rather than mapped. Simplifying the permitted uses and making them specific to the zoning district provides clarity to an applicant about the options for development. In addition, while an all-rental model technically could have been accomplished in the code previous to these amendments, there was conflicting language that made it unclear. Providing a calculation for the yield also provides clarity to the applicant and is more cost effective than having to produce a yield plan. All of these amendments improve the overall process for creating affordable housing and we hope will result in more housing being created under this zoning district." I do have a letter here from the LWRP coordinator, where they found this to be a type II action and therefore is not subject to SEQRA review. And finally I have another letter from LWRP finding it consistent with the LWRP policy standards and there consistent with the LWRP. And finally I have a letter from the Suffolk County Planning Commission, "Pursuant to the requirements of section A 14-14 to 14- 25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval." And that is it. SUPERVISOR RUSSELL: I would invite anybody that would like to comment on this particular local law to please feel free. CHUCK MOGUL: Chuck Mogul, Cutchogue. A couple of questions. Number one, why didn't we have the actual code available here tonight so we could review it before the vote? I know it is at the clerk's office but it should have been here as well. TOWN ATTORNEY FINNEGAN: It is on the agenda. SUPERVISOR RUSSELL: Actually, it is located right in the agenda. MR. MOGUL: It is? SUPERVISOR RUSSELL: 735. MR. MOGUL: For instance, there is no description, detailed description as to the AHD district. SUPERVISOR RUSSELL: The description with regard to the Affordable Housing District? MR. MOGUL: Yes. Where is the AHD district? Amendments to Chapter 280 Public Hearing August 26, 2014 8 SUPERVISOR RUSSELL: We don't have, it is a floating zone. It is an overlay zoning that basically when someone comes in with a proposal that is accepted by the town, we overlay that zoning onto whatever the underlying zoning might be. But there is a great deal of criteria that go into that zoning. MR. MOGUL: Yeah but we should be able to see that. SUPERVISOR RUSSELL: But there is no map of it. the projects will come in one at a time and they will all be subject to a public hearing, basically a code hearing. So there is no area, there is no one specific parcel right now that's proposed for affordable housing. MR. MOGUL: Okay. The problem with affordable housing if of course, the cost of the land. And of course finding a builder, probably a non-profit that is willing to do it, as they did in Mattituck. Very difficult at best. So even though we are making these modifications, it doesn't necessarily mean we are going to get more affordable housing out of this. SUPERVISOR RUSSELL: It might now. Look, I think the model that was in Mattituck was fine but I think it is probably an unrealistic model in the future. I think the lack of grants and subsidies at federal, state and county level are just not going to be there. MR. MOGUL: That's right. SUPERVISOR RUSSELL: I think this is going to have to be a solution that will hopefully be more or less solved by private industry, builders. But then you have to have serious discussions about density. Under the current density and the lack of public sewers, I don't think the density per acre is going to make too many of the projects feasible but it doesn't mean that we are not trying to look at every opportunity that comes in the door. MR. MOGUL: Right. Okay, thank you. SUPERVISOR RUSSELL: Would anybody else like to comment on this local law? Ray? RAY HUNTINGTON: Good evening, Ray Huntington, Cutchogue. I would like to, well, first of all I have no doubt that many would like to see more young people in our town, so this is a positive. But many would also agree that government has a poor record of legislating social `improvements' particularly at the national level. Less so at the local level because you are closer to it and that is a plus but up island we have seen an abundance of failures in affordable housing over the years. A couple of things mark those failures, one, absentee landlords and that's part of this legislation. And another is the concentrations that come with it or at least have come with it up island. Big projects, no management, no supervision of the investment what's on site and being close to things is good management. We are moving in an opposite direction here. Of course, on the good side of this I guess you could say that you would, well first of all, let me say that I am sure you recognize as you worked on this that the move is not without risk. We have risk here, so how can we mitigate that risk? And what assurances do we have, well, maybe I used the wrong word. Assurances isn't perhaps what can be applied here but how can we, what does the, what's in the legislation that augers away from concentration and away from Amendments to Chapter 280 Public Hearing August 26, 2014 9 absentee landlords or at least puts controls on those landlords so that they would behave in a way that they would if they were on site. I don't see much in the legislation that does that. of course, we don't have many affordable housing districts but that's another part of the concentration picture. There is nothing in the code that limits how many we could have as we just pointed out, if a person makes a proposition, it would be considered by the board and perhaps passed. And I suppose this is where the board's judgment as to how many we can tolerate comes into play. But certainly that does, that's a factor that downstream is going to count a lot. So the bottom line is, what does the board think it can do beyond the legislation to affect the performance of an absentee landlord and to minimize concentration or actually looking at it in a positive way, to distribute this around town, distribute affordable housing around town so that it becomes a strand in our fabric and not a wart. SUPERVISOR RUSSELL: Can I address some of the issues you just raised? Or do you still have more? MR. HUNTINGTON: I have no more. SUPERVISOR RUSSELL: Okay. MR. HUNTINGTON: I don't know whether it is appropriate but I would like to hear your thoughts as well. SUPERVISOR RUSSELL: It is more than appropriate, it's why we are here. I will just speak to the issue of the no limit on AHD or Affordable Housing District zoning. There is currently no limit now so that scenario could play out in, under any administration, that you could simply create as many AHD zones in the concentrated area as you want. This doesn't change that equation. What it does is it looks at affordable housing a little bit more realistically. The notion of being able to build these communities and try to build yourself out of a crisis, it's people, younger people having a much more difficult time getting mortgages, they are not finding the type of career employment that they need in Southold Town but at the end of the day, when you look at the list, many of these people what they need is starter housing. What they need is a place to live and be able to develop some equity so they can step into the regular market. We have an affordable housing commission that will have oversight here, we also have a Town Board that will have oversight. Any type of management agreement or assurances that these properties are maintained, maintained well and that they are kept to their original mission which is to house people who qualify for affordable housing can all be spelled out in these proposals as they come forward. There's no current assurances either, we have already tried to address some of the affordable housing zoning by limiting resale, I think we certainly can do this for any new proposal with regard to the intent of this. MR. HUNTINGTON: Yes. What powers does the coordinator have? SUPERVISOR RUSSELL: The coordinator? He is an administrator. I am not sure he has singular authority, he is an administrator. Generally all of the proposals come to the Town Board... Amendments to Chapter 280 Public Hearing August 26, 2014 10 MR. HUNTINGTON: Does he clear the person who is applying or? SUPERVISOR RUSSELL: Well, we have a qualifying list and that has to go through a fairly rigorous qualification guideline, I think ultimately, don't they get independently approved by, when there are subsidies available? TOWN ATTORNEY FINNEGAN: If there are.... SUPERVISOR RUSSELL: If there are subsidies available but they also have to be screened by HUD or the qualifying organization like CDC built in Mattituck. TOWN JUSTICE EVANS: But it is not just an income for affordable housing, there is a priority list of living and working in the town and then I think it comes down to living in the town. SUPERVISOR RUSSELL: I would also mention we changed it a few years ago so that the first priority would be people living in the school district. TOWN JUSTICE EVANS: Yes. SUPERVISOR RUSSELL: If you are going to create 15 apartments for 15 people that live in Mattituck, there's, the people are already there. MR. HUNTINGTON: That addresses the tenant as it were, what addresses the landlord? SUPERVISOR RUSSELL: Those would be management agreements and conditions upon which the approval would be given and we would have to make sure they are enforceable provisions. COUNCILWOMAN DOHERTY: And they are reviewed yearly. MR. HUNTINGTON: By the administrator? COUNCILWOMAN DOHERTY: By the town, by the administrator, yes. MR. HUNTINGTON: So if the performance should go downhill, there is a penalty of some kind? SUPERVISOR RUSSELL: When you say performance, you mean the property management? MR. HUNTINGTON: Yes. SUPERVISOR RUSSELL: Yes, that is something that we would have to address at any proposal. A management agreement, certain conditions that need to be met and an enforcement mechanism for them. MR. HUNTINGTON: That sounds good, I think can prove very important. Thank you. Amendments to Chapter 280 Public Hearing August 26, 2014 11 SUPERVISOR RUSSELL: Sure. Would anybody else like to address the Town Board on this particular local law? (No response) This hearing was closed at 8:14 PM a Eli eth A. Neville Southold Town Clerk STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M. CUOMO 99 WASHINGTON AVENUE CESAR A. PERALES GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE September 8, 2014 Lynda M Rudder RECEIVED Deputy Town Clerk Town Hall, 53095 Main Road SEE' 1 5 2014 PO Box 1179 Southold NY 11971 Southold Town Clerk RE: Town of Southold, Local Law 9 & 10 2014, filed on September 8, 2014 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.nv.aov. Sincerely, State Records and Law Bureau (518) 474-2755 WWW.DOS.NY.GOV E-MAIL:INFO@DOS.NY.GOV Rudder, Lynda From: Rudder, Lynda Sent: Wednesday, September 03, 2014 2:25 PM To: Bunch, Connie; Kalin, Carol; Lanza, Heather; Riverhead Twon Clerk; Shelter Island Clerk; Southampton Town clerk; Sylvia Pirillo;Toth, Vicki; Verity, Mike Subject: LL#10 of 2014 Attachments: 11_20140903131716.pdf Your message is ready to be sent with the following file or link attachments: 11_20140903131716.pdf Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. o�Og�FFO[,�c0 ELIZABETH A. NEVILLE,MMC may► r/y Town Hall, 53095 Main Road TOWN CLERKp P.O. Box 1179 coo Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS O Fax(631)765-6145 MARRIAGE OFFICER �'� �� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �.� `1►� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER RECEIVED OFFICE OF THE TOWN CLERK SEN 8 2014 TOWN OF SOUTHOLD September 3, 2014 Southold Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Law listed below on Aueust 26,2014: 7:32pm: Local Law in relation to Chapter 280 Zoning, Affordable Housing District Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Village of Greenport Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA /-A ,J /y'Iflti�A-C�"ML-r,�% C'-�'Z��t''��;.✓�n/'`-�' Signature, Received by Date Please print name Title ELIZABETH A. NEVILLE,MMC ��O �l/,y Town Hall, 53095 Main f4zo TOWN CLERKo P.O.Box 1179 ti 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p • .�C Fax(631)765-6145 MARRIAGE OFFICER '�'� o� Telephone(631) 765-1800 RECORDS MANAGEMENT OFFICER �l `�►►� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER RECEIVED r> trrvt1) OFFICE OF THE TOWN CLERK S L f 4 TOWN OF SOUTHOLD September 3, 2014 / Southold Town Clerk S*Utf wn Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Law listed below on August 26, 2014: 7:32pm: Local Law in relation to Chapter 280 Zoning, Affordable Housing District Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Village of Greenport Email: "Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA 'Sii �ature, Received U Date -Awk)� � /V Please print name Title O��g�FFOl,�co ELIZABETH A.NEVILLE,MMC �� r/y Town Hall,53095 Main Road TOWN CLERK p P.O.Box 1179 COD 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS d Fax(631)765-6145 MARRIAGE OFFICER 'f'� 0�' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �l `T►a www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 4, 2014 Express Mail )EM679787852US RE: Local Law No. 9 & 10 of 2014 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 9 & 10 of 2014 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney r NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing 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. ❑ County ❑ City R1 Town of SOUTHOLD ❑ Village Local Law No. 10 of the year 2014 . A Local Law entitled, A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District Be it enacted the Town Board of the: ❑ County ❑ City Rl Town of SOUTHOLD ❑ Village I. Purpose. The purpose of these Amendments is to allow more flexibility in the design of Affordable Housing Districts in order to expand the opportunities for the creation of moderate income housing within the Town. I1. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-25 Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). ASSET - Includes real property holdings and equity, personal property (car, boat, etc.) valued in excess of $10,000, savings, cash, IRAs, 401 k, and any federally recognized tax-deferred vehicles. CONSUMER PRICE INDEX - The consumer price index as published by the United States Department of Labor, Bureau of Labor Statistics, for the New York Metropolitan area. CONVEYANCE - The transfer or transfers of any interest in real property by any method, including but not limited to, sale, exchange, assignment, surrender, mortgage foreclosure, transfer in lieu of foreclosure, option, trust indenture, taking by eminent domain, conveyance upon liquidation or by a receiver, or transfer or (If additional space is needed, attach pages the same size as this sheet,and number each.) DOS-239(Rev.05/05) 1 v acquisition of a controlling interest in any entity with an interest in real property. Notwithstanding the foregoing, conveyance of real property shall not include a conveyance made pursuant to devise, bequest or inheritance; the creation, modification, extension, spreading, severance, consolidation, assignment,transfer, release or satisfaction of a mortgage; a mortgage subordination agreement, a mortgage severance agreement or an instrument given to perfect or correct a recorded mortgage; or a release of lien of tax pursuant to this article or the Internal Revenue Code. HEAD OF HOUSEHOLD - The adult member of the family who is the head of the household for purposes of determining income eligibility and rent.. HOUSEHOLD - The family and live-in aide, if applicable. MODERATE-INCOME FAMILY - A family registered with the Town of Southold Housing Registry 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 18) 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 120% of the HUD median income for the County of Suffolk. MODERATE-INCOME FAMILY DWELLING UNIT -A dwelling unit reserved for rent or sale to a moderate-income family and for which the maximum monthly rent (excluding utilities) or the maximum initial sales price does not exceed the maximum rent or maximum sales price set forth in § 280-30D hereof. MODERATE-INCOME FAMILY UNIMPROVED LOT - An unimproved lot reserved for sale to a moderate-income family and for which the maximum initial sales price does not exceed the maximum sales price set forth in § 280-30D hereof. Said "unimproved lot" shall mean a vacant parcel of real property designated as a lot on a filed map, inclusive of all utilities brought to the property line. NET WORTH -The net worth of an applicant shall include all liquid assets less debt. Liquid assets shall not include sheltered assets, trusts, Individual Retirement Accounts (IRAs), 401 Ks and all other federally recognized tax-deferred vehicles. PERMANENT FIXED IMPROVEMENT - An improvement to a lot or a moderate-income family dwelling unit which cannot be removed and which provides value to the property above and beyond repairs done to maintain the property in good condition. A permanent fixed improvement must be approved in advance of construction or installation in writing by the Special Projects Coordinator. PRIMARY RESIDENCE - The address listed on a person's federal income tax return. SPECIAL PROJECTS COORDINATOR - The employee of the Town who is responsible for the development, implementation and coordination of the Housing Registry and affordable housing initiatives for the Town of Southold. §280-27. Use regulations. In the AHD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: (A) Permitted uses. (1) Owner-occupied Moderate-Income Family Dwelling Unit ("MIFDU"), in accordance with the 2 v following requirements: (a) An owner-occupied MIFDU shall not be leased, except one time for up to a two-year term, subject to the written approval of the Special Projects Coordinator. (b) Owner-occupied MIFDUs may either be attached or detached, or any combination thereof. (2) Tenant-occupied MIFDU, in accordance with the following requirements: (a) A tenant-occupied MIFDU must be leased for a term of not less than one-year. (b) Tenant-occupied MIFDUs may either be attached or detached, or any combination thereof. (B) Accessory uses. (1) Accessory uses as set forth in and regulated by §280-13C(1), (2), (3), (4), (6) and (7) of this chapter. (2) Accessory apartments are permitted only within owner-occupied MIFDUs, subject to the written approval of the Special Projects Coordinator, the issuance of a rental permit in accordance with §280-13(D) and the following conditions: a) The accessory apartment shall be located within the MIFDU. b) Only one accessory apartment shall be permitted in a MIFDU. C) The owner shall occupy either the principal dwelling or the accessory apartment as the owner's primary residence. d) The accessory apartment shall only be occupied by an eligible family or individual as defined by §280-30 (C). e) The term of the lease for an accessory apartment shall be at least one year. f) The accessory apartment shall be at least 350 square feet and shall not exceed a square footage equal to one half of the total square footage of the MIFDU. g) The accessory apartment shall have only one bathroom. h) A minimum of one off-street parking space shall be provided. i) Not more than 50% of the dwelling units in an approved Affordable Housing District shall have accessory apartments. §280-28. Bulk, area and parking regulations. A. No building or premises shall be used and no building or part thereof shall be erected or altered in the AHD District unless the same conforms to the following Bulk, Area and Parking Schedule: Bulk, Area and Parking Schedule Minimum Requirements MIFDU Owner- I MIFDU Tenant- 3 Occupied Occupied Total lot area(square feet) 10,000 10,000 Lot width (feet) 80 80 Lot depth (feet) 100 100 Front yard (feet) 35 35 1 side yard (feet) 15 15 Both side yards (feet) 25 25 Rear yard (feet) 35 35 Minimum livable floor area (square feet 850 450 per dwelling unit) Off-street parking spaces (per dwelling 2 2 unit) Land area for yield (square feet per 10,000 10,000 dwelling unit) Land area density bonus for small rental n/a 5,000 units in a MIFDU Tenant occupied development. (sq.ft. /dwelling unit <850 sq.ft. up to 50% of the total # of units in the development) B. The Planning Board shall have the authority to reduce or amend yard setback requirements, lot dimension requirements, parking requirements, and highway specifications. In making this decision, the Planning Board shall take into consideration the benefit to the applicant, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination, the Planning Board shall also consider: (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the amendments; (2)whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than the sought variance; (3) whether the variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self- created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. This provision supersedes and amends New York State Town Law §§267, 267- a, 267-b and 267-c insofar as these sections give such authority to the Zoning Board of Appeals. Any amendment to highway specifications shall meet with the approval of the Highway Superintendent. §280-29. Application procedure. A. Application and fees. The application for rezoning shall be filed with the Town Clerk, in a form approved by the Town Board and available in the office of the Town Clerk. Fees applicable to the AHD zoning application shall be set by resolution of the Town Board. B. Application procedure. The procedure for approval of any future development in a proposed AHD District shall involve a three-stage review process as follows: (1) Approval by the Town Board of a preliminary development concept plan. (2) Approval of the final, detailed subdivision plat or site plan by the Planning Board. In an AHD 4 r zone, §280-137(A)(5) is inapplicable and the allowable density of MIFDUs shall be determined by the following yield calculation: (a) Buildable land (square feet) divided by the minimum land area per dwelling unit= number of MIFDUs. (3) The zoning classification by the Town Board of a specific parcel or parcels of land for development in accordance with that plan.* §280-30. General regulations and requirements. H. If more than one MIFDU exists on a single lot, the dwelling units must either all be owner occupied or tenant occupied units. 111. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 5 (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. 10 of 20 14 . of the (Town) )of SOUTHOLD was duly passed by the TOWN BOARD on August 26 20 14 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the(County)(City)(Town)(Village)of was duly passed by the on 20 , and was (approved)(not approved)(re-passed after disapproval)by the and was deemed duly adopted on 20 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was(approved)(not approved)(repassed after disapproval)by the on 20 . 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 thereon at the (general)(special)(annual)election held on 20 , 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 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 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 chairperson of the county legislative body, 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. 6 r 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 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)(general)election held on 20 , 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 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 ,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 cities 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 there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Clerk of the Condih' g h'Iky e islative body. City. Town or (Seal) Village Clerk or officer designated by local legislative body Elizabeth A.Neville,Town Clerk Date: September 3,2014 (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 SUFFOLK I, the undersigned, hereby certify that the foregoing local lawfams the corr t text and that all proper proceedings have been had or taken for the enactment of the local law a h Sig Martin D. Finnegan,Town Attorney Stephen F. Kiely,Assistant Town Attorney Title Town of SOUTHOLD *4690 Date: September 3,2014 7 f RESOLUTION 2014-735 ADOPTED DOC ID: 10069 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-735 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 26, 2014: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 61h day of August, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District" , and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefore, be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District" which reads as follows: LOCAL LAW NO. 10 of 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of these Amendments is to allow more flexibility in the design of Affordable Housing Districts in order to expand the opportunities for the creation of moderate income housing within the Town. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: 4280-25 Definitions. For- the purpose of this artiele, the following te s, 0.7r-asas and wer-ds shall have the following Unless otherwise expressly stated, the followinp-terms shall, for the numose of this Chanter, have the meanings as herein defined. Anv word or term not noted below shall be used with a meanine as defined in Webster's Third New International Dictionary of the English Lana_uaae, unabridv-ed (or latest edition). ASSET - Includes real property holdings and equity, personal property (car, boat, etc.)valued in Resolution 2014-735 Board Meeting of August 26, 2014 excess of$10,000, savings, cash, IRAs, 401 k, and any federally recognized tax-deferred vehicles. CONSUMER PRICE INDEX - The consumer price index as published by the United States Department of Labor, Bureau of Labor Statistics, for the New York Metropolitan area. CONVEYANCE - The transfer or transfers of any interest in real property by any method, including but not limited to, sale, exchange, assignment, surrender, mortgage foreclosure, transfer in lieu of foreclosure, option, trust indenture, taking by eminent domain, conveyance upon liquidation or by a receiver, or transfer or acquisition of a controlling interest in any entity with an interest in real property. Notwithstanding the foregoing, conveyance of real property shall not include a conveyance made pursuant to devise, bequest or inheritance; the creation, modification, extension, spreading, severance, consolidation, assignment, transfer, release or satisfaction of a mortgage; a mortgage subordination agreement, a mortgage severance agreement or an instrument given to perfect or correct a recorded mortgage; or a release of lien of tax pursuant to this article or the Internal Revenue Code. HEAD OF HOUSEHOLD - The adult member of the family who is the head of the household for purposes of determining income eligibility and rent.. HOUSEHOLD -The family and live-in aide, if applicable. MODERATE-INCOME FAMILY - A family registered with the Town of Southold Housing Registry 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 18) 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 120% of the HUD median income for the County of Suffolk. MODERATE-INCOME FAMILY DWELLING UNIT -A dwelling unit reserved for rent or sale to a moderate-income family and for which the maximum monthly rent (excluding utilities) or the maximum initial sales price does not exceed the maximum rent or maximum sales price set forth in § 280-30D hereof. MODERATE-INCOME FAMILY UNIMPROVED LOT -An unimproved lot reserved for sale to a moderate-income family and for which the maximum initial sales price does not exceed the maximum sales price set forth in § 280-30D hereof. Said "unimproved lot" shall mean a vacant parcel of real property designated as a lot on a filed map, inclusive of all utilities brought to the property line. NET WORTH -The net worth of an applicant shall include all liquid assets less debt. Liquid assets shall not include sheltered assets, trusts, Individual Retirement Accounts (IRAs), 401 Ks and all other federally recognized tax-deferred vehicles. PERMANENT FIXED IMPROVEMENT - An improvement to a lot or a moderate-income family dwelling unit which cannot be removed and which provides value to the property above and beyond repairs done to maintain the property in good condition. A permanent fixed improvement must be approved in advance of construction or installation in writing by the Special Projects Coordinator. PRIMARY RESIDENCE - The address listed on a person's federal income tax return. SPECIAL PROJECTS COORDINATOR- The employee of the Town who is responsible for the development, implementation and coordination of the Housing Registry and affordable housing initiatives for the Town of Southold. §280-27. Use regulations. In the AHD District, no building or premises shall be used and no building or part of a building Updated: 9/3/2014 12:11 PM by Lynda Rudder Page 2 Resolution 2014-735 Board Meeting of August 26, 2014 shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: (A) Permitted uses. (1) Owner-occupied Moderate-Income Family Dwellinp-Unit ("MIFDU"), in accordance with the following requirements: (a) An owner-occupied MIFDU shall not be leased, except one time for un to a two-year term, subiect to the written approval of the Special Proiects Coordinator. (b) Owner-occupied MIFDUs may either be attached or detached, or any combination thereof. (2) Tenant-occupied MIFDU, in accordance with the followinv-requirements: (a) A tenant-occupied MIFDU must be leased for a term of not less than one-year. (b) Tenant-occupied MIFDUs may either be attached or detached, or any combination thereof. (4) One family detaehed dwelling which shall be eeeupied by the owfier-of the dwelling, or-may be leased e timne h (2) Two fam 'y dwellings whiah. shall b. , may be leased one time by the owner-for a poried not n ea4er-than twe yeafs with (J) Multiple dwellings. (4) Row or-attaehed dwellings /k 1 � 1 5) p ftfnents ., o efmiae within the principal buila:,�,�. only, s ubject to the ApL fellewin It-Si. (a) Tb,o -,.,.o seer-y apaFtmo-nt ,hall he le c-iral building, (b) The ov,%er- of the existing dwelling shall eeettpy one of the dwelling units as the &A%er-'s pfineipal r-esidenee. The ether- dwelling unit shall be leased fer-year round eeeupaney to an =,on as aofined by tl,:� legislation and ., :,lenee,l by a r-44e , lease for- „ ter-fn of one of fneree yeafs. (o) The ,,..,,,.merit shall eentain not loss than 350 square feet and Nall not exeeed a square footage equal to one half the total enelesed square footage of the pfineipal dwelling and shall not eantain fnefe than one bathfoeffl. (d) A minim•,•,, of one off street ,,.,r46ng s e shall be vide (e) 1`1 t ,frail be family dwefling-. (f) Nat fnefe than 50,04o1HD shall have aeeessefy apartments. (B)Accessory uses. (1) Accessory uses as set forth in and regulated by §280-13C(1), (2), (3), (4), (6) and (7) of this chapter. (2) Accessory apartments are permitted only within owner-occupied MIFDUs, subiect to the written approval of the Special Proiects Coordinator, the issuance of a rental permit in accordance with &280-13(D) and the followina conditions: a) The accessory apartment shall be located within the MIFDU. b) Only one accessory apartment shall be permitted in a MIFDU. C) The owner shall occupv either the principal dwelling or the accessory apartment as the owner's primary residence. Updated: 9/3/2014 12:11 PM by Lynda Rudder Page 3 Resolution 2014-735 Board Meeting of August 26, 2014 d) The accessory apartment shall only be occupied by an eligible family or individual as defined by &280-30 (C). e) The term of the lease for an accessory apartment shall be at least one year. f) The accessory apartment shall be at least 350 square feet and shall not exceed a square footage equal to one half of the total square footage of the MIFDU. g) The accessory apartment shall have only one bathroom. h) A minimum of one off-street parking space shall be provided. i) Not more than 50%of the dwelling units in an approved Affordable Housing District shall have accessory_ apartments. §280-28. Bulk, area and parking regulations. A. No building or premises shall be used and no building or part thereof shall be erected or altered in the AHD District unless the same conforms to the following Bulk, Area and Parking Schedule: Bulk,Area and Par-king Sehedule Single Family Two Family Multiple Minimum t, Dwellin r, Dwellings Dwellings Total lot area (square F et) 10,000 'I 00 Lot width (f ct) so 100 150 Lot depth (feet) 190 110 2-98 Front yard (frot) 35 35 15 1- side {fcct) 15 15 20 Both sid y dJ (f--rt) .:5 J0 40 Pour yard (fret) 35 35 15 Livable fl e (square f rt 850 600 689 - per-dwelli* Off street par-king space,- Land e (square root p z 19'80 10,000 10,000 dwelling unit) Lot eeyeF ge Ir ent) `-5-OA l;-ilding height 35 ?5 35 Number of storias 2 ',4 ? ',z Bulk, Area and Parking Schedule Minimum Requirements MIFDU Owner- MIFDU Tenant- Occupied Occupied Total lot area (square feet) 10,000 10,000 Lot width (feet) 80 80 Lot depth (feet) 100 100 Front yard (feet) 35 35 Updated: 9/3/2014 12:11 PM by Lynda Rudder Page 4 Resolution 2014-735 Board Meeting of August 26, 2014 1 side yard (feet) 15 15 Both side yards (feet) 25 25 Rear yard (feet) 35 35 Minimum livable floor area (square feet 850 450 per dwelling unit) Off-street parking spaces (per dwelling 2 2 unit) Land area for yield (square feet per 10,000 10,000 dwelling unit) Land area density bonus for small rental n/a 5,000 units in a MIFDU Tenant occupied development. (sq.ft. /dwelling unit<850 sq.ft. up to 50% of the total # of units in the development) B. The Planning Board shall have the authority to reduce or amend yard setback requirements, lot dimension requirements, parking requirements, and highway specifications. In making this decision, the Planning Board shall take into consideration the benefit to the applicant, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination, the Planning Board shall also consider: (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the amendments; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than the sought variance; (3) whether the variance is substantial; (4)whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. This provision supersedes and amends New York State Town Law §§267, 267-a, 267-b and 267-c insofar as these sections give such authority to the Zoning Board of Appeals. Any amendment to highway specifications shall meet with the approval of the Highway Superintendent. §280-29. Application procedure. A. Application and fees. The application for rezoning shall be filed with the Town Clerk, in a form approved by the Town Board and available in the office of the Town Clerk. Fees applicable to the AHD zoning application shall be set by resolution of the Town Board. B. Application procedure. The procedure for approval of any future development in a proposed AHD District shall involve a three-stage review process as follows: (1) Approval by the Town Board of a preliminary development concept plan. (2) Approval of the final, detailed subdivision plat or site plan by the Planning Board. In an AHD zone, &280-137W(5) is inapplicable and the allowable density_ of MIFDUs shall be determined by the following yield calculation: Updated: 9/3/2014 12:11 PM by Lynda Rudder Page 5 Resolution 2014-735 Board Meeting of August 26, 2014 (a) Buildable land (square feet) divided by the minimum land area Der dwelling unit=number of MIFDUs. (3) The zoning classification by the Town Board of a specific parcel or parcels of land for development in accordance with that plan.* §280-30. General regulations and requirements. H. If more than one MIFDU exists on a single lot, the dwelling_ units must either all be owner occupied or tenant occupied units. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Updated: 9/3/2014 12:11 PM by Lynda Rudder Page 6 09104/2014 11:39 6312835606 SOUTHAMPTON TOWN CLK PAGE 01101 �4g11FF0J4,.. ELIZABETH A. NEVILLE,AMC ��' � 7bwn HaU,58095 Main Road TOWN CLERK ' P.O.Sox 1178 REGISTRAR OF VITAL STAnSTICS Southold,Now York 11971 MARRIAGE OFFICER6, Fax(631)765-6145 RECORDS MANAGEMENT OFFICER �7/,x .�$� Telephone(631)766-1800 FREEDOM OF INFORMATION OFFICER Www,southoIdtownnygov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 3,2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Law listed below onu ust 26.2014: 7:32Dm: Local Law in relation,to Chapter 280 Zoning,Affordable Housing District Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Paris Commission Village of Greenport Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA .- I/ A, 123j"-*� 7 ILI// 44 Signature, Received by Dat Please print6ame / Title 09/04/2014 08:42 6317493436 S I TOWN CLERK PAGE 01 ELIZABRIM A. NEVILLE,MMC + Town Hall,65095 Main Road TOWN CLERK PO.Box 1179 �i Southold,New York 11971 REWSTRAR OF VITAL STATISTICS lax(6S 1)768-6145 MARRIAGE OFFICER Tolophone(681)765.1800 RECORDS MANAGEMENT OPPICBR www.eoutholdtownny gav FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 3, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local l,aw listed below on 4A gust 26.2014: 7-.32am: Local Law in relation to Chapter 280 Ironing,Affordable Housing District Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. �OYI.2& Elizabeth A.Neville Southold Town Clerk Attachmcnts cc: Suffolk County Dept of Planning Long Island State Park Commission Village of Greenport Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Signature, Receive Date Plcasa print ndme Title Rudder, Lynda From: ersupp <ersupp@generalcode.com> Sent: Thursday, September 04, 2014 8:25 AM To: Rudder, Lynda Subject: RE: Emailing: LL#10 2014.docx Thank you for your e-mail. If you are sending legislation for your next Code supplement, it will be processed in the usual manner. All other messages will be forwarded to the appropriate person, who will respond to your inquiry as soon as possible. If you have any questions, please do not hesitate to call or e-mail your Account Representative. General Code 1-800-836-8834 ersupp d( generalcode.com 1 Rudder, Lynda From: Rudder, Lynda Sent: Wednesday, September 03, 2014 2:25 PM To: Bunch, Connie; Kalin, Carol; Lanza, Heather; Riverhead Twon Clerk; Shelter Island Clerk; Southampton Town clerk; Sylvia Pirillo; Toth, Vicki;Verity, Mike Subject: LL#10 of 2014 Attachments: II_20140903131716.pdf Your message is ready to be sent with the following file or link attachments: 11_20140903131716.pdf Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. Southold Town Board - Letter Board Meeting of August 26, 2014 I SOD RESOLUTION 2014-733 Item # 5.34 " f+,ya` ADOPTED DOC ID: 10064 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-733 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 26, 2014: RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated August 26, 2014 Page 46 08/14/2014 14:47 6317493436 S I TOWN CLERK PAGE 01 ELIZABETH A.NEWLLE,MMC Town Hall,63096 Main Road TOWN CLERK P.O.Box 1179 Southold,New'Xork 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6146 MARRIAGE OFFICER �Q� Telephone(631)766-1800 RECORDS MANAGEMENT OFFICER www.eouthotdtownnygov FREEDOM OF INFORM,A,MN OFFICER OMCE OF THE TOWN CLERK TOWN OF SOU MOLD August 11,2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Law listed below on AMust 26.2014: 7:32pm: Local Law in relation to Chapter 280 Zoning,Affordable Housing District Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A.Neville Southold Town Clerk Attachments cc, Suffolk County Dept of Planning Long island State Park Commission Village of Greenport Email: Town of Riverhead Town of Shelter island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Signature, Ikeived b Date .W a10�U4 5 -p rrb� 14- Please print nanke Title TO d -iuloi FF ELIZABETH A.NEVEUX MMC Town Hall,53095 Main Road P.O.Box 1170 TOWN CLERK Southold,Now York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6146 MARRIAGP,Or.PICBR Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.tioutholdtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 11, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARJNGS on the proposed Local Law listed below on August 26.2014: 7;32Dm-. Local Law in relation to Chapter 280 Zoning,Affordable Housing District Please sign the duplicate of this letter and return-,:o me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Village of Greenport Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept, Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA 5o' -Yee-4 Signature, eived by Date d.444t-e Please print name Title TO/TO'd Lo:sT i7w-Tz-onu o��gUFFOL�-�oG ELIZABETH A.NEVILLE,MMC �� y Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 CA 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 5 • .F Fax(631)765-6145 MARRIAGE OFFICER y Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ��,� .�`�� www.so FREEDOM OF INFORMATION OFFICER I�C� D OFFICE OF THE TOWN CLERK AUG 12 2014 TOWN OF SOUTHOLD 11 August 11, 2014 Southold o-wn Planning Board PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Law listed below on August 26,2014: 7:32pm: Local Law in relation to Chapter 280 Zoning,Affordable Housing District Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Village of Greenport Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Signature, Received by Date Please print name Title UFFOlAr ELIZABETH A. NEVILLE,MMC �� Gy Town Hall,53095 Main Road TOWN CLERK p P.O.Box 1179 CA 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS S Fax(631)765-6145 MARRIAGE OFFICER y ! RECORDS MANAGEMENT OFFICER ��,� � Telephone 765-1800 FREEDOM OF INFORMATION OFFICER www.southoldtldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 11, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Law listed below on August 26,2014: 7:32pm: Local Law in relation to Chapter 280 Zoning, Affordable Housing District Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Nillage of Greenport Email:-Town of Riverhead ✓'Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Signature, Received by Date Please print name Title LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 61h day of August, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District" , NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 26th day of August,2014 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280. Zoning, in connection with the Affordable Housina District" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280: Zoning, in connection with the Affordable Housing District'. BE IT ENACTED by the Town Board of the Town of Southold as follows: A. Purpose. The purpose of these Amendments is to allow more flexibility in the design of Affordable Housing Districts in order to expand the opportunities for the creation of moderate income housing within the Town. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: 4280-25 Definitions. For the fpese-af this ar` 1 +�, � 11 1, � ..d :hall have the 'iirg-ccr-rrrS�p�rrruo -- 3 following Unless otherwise expressly stated, the followinp, terms shall. for the purpose of this Chapter. have the meaninv-s as herein defined. Anv word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Lan2uave, unabridged (or latest edition). ASSET - Includes real property holdings and equity, personal property (car, boat, etc.) valued in excess of$10,000, savings, cash, IRAs, 401 k, and any federally recognized tax- deferred vehicles. CONSUMER PRICE INDEX - The consumer price index as published by the United States Department of Labor, Bureau of Labor Statistics, for the New York Metropolitan area. CONVEYANCE - The transfer or transfers of any interest in real property by any method, including but not limited to, sale, exchange, assignment, surrender, mortgage foreclosure, transfer in lieu of foreclosure, option, trust indenture, taking by eminent domain, conveyance upon liquidation or by a receiver, or transfer or acquisition of a controlling interest in any entity with an interest in real property. Notwithstanding the foregoing, conveyance of real property shall not include a conveyance made pursuant to devise, bequest or inheritance; the creation, modification, extension, spreading, severance, consolidation, assignment, transfer, release or satisfaction of a mortgage; a mortgage subordination agreement, a mortgage severance agreement or an instrument given to perfect or correct a recorded mortgage; or a release of lien of tax pursuant to this article or the Internal Revenue Code. HEAD OF HOUSEHOLD - The adult member of the family who is the head of the household for purposes of determining income eligibility and rent.. HOUSEHOLD - The family and live-in aide, if applicable. MODERATE-INCOME FAMILY - A family registered with the Town of Southold Housing Registry 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 18) 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 120% of the HUD median income for the County of Suffolk. MODERATE-INCOME FAMILY DWELLING UNIT - A dwelling unit reserved for rent or sale to a moderate-income family and for which the maximum monthly rent (excluding utilities) or the maximum initial sales price does not exceed the maximum rent or maximum sales price set forth in § 280-30D hereof. MODERATE-INCOME FAMILY UNIMPROVED LOT -An unimproved lot reserved for sale to a moderate-income family and for which the maximum initial sales price does not exceed the maximum sales price set forth in § 280-30D hereof. Said "unimproved lot" shall mean a vacant parcel of real property designated as a lot on a filed map, inclusive of all utilities brought to the property line. NET WORTH - The net worth of an applicant shall include all liquid assets less debt. Liquid assets shall not include sheltered assets, trusts, Individual Retirement Accounts (IRAs), 401 Ks and all other federally recognized tax-deferred vehicles. PERMANENT FIXED IMPROVEMENT - An improvement to a lot or a moderate- income family dwelling unit which cannot be removed and which provides value to the property above and beyond repairs done to maintain the property in good condition. A permanent fixed improvement must be approved in advance of construction or installation in writing by the Special Projects Coordinator. PRIMARY RESIDENCE - The address listed on a person's federal income tax return. SPECIAL PROJECTS COORDINATOR- The employee of the Town who is responsible for the development, implementation and coordination of the Housing Registry and affordable housing initiatives for the Town of Southold. §280-27. Use regulations. In the AHD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: (1) Permitted uses. (1) Owner-occupied Moderate-Income Family Dwelling Unit ("MIFDU"), in accordance with the followinp,requirements: (a) An owner-occupied MIFDU shall not be leased, except one time for up, to a two-year term, subiect to the written approval of the Special Proiects Coordinator. (b) Owner-occupied MIFDUs may either be attached or detached. or any combination thereof. (2) Tenant-occupied MIFDU, in accordance with the following requirements: (a) A tenant-occupied MIFDU must be leased for a term of not less than one-year. (b) Tenant-occupied MIFDUs may either be attached or detached, or any combination thereof. 4-7 the dwelling, ef may be to lease 7 -im 0 fifne by the owner-fee a period not r rd; „t„ ?\ T..,. family dwellings wh:eh shall be ed by the owner-of the C�1 dwelling, obe leased a time a by the r f_ peIIVu 1V+ g,eKte . than t e ith written approval of the en .11 Projeets rvrudiua u (2) Multiple dwellings. (4� Row or- at4aehed dwellings (5) n n„rtmenI e e rY.:tted ithin thajwi-Rl pal building only „h:eet to the (a) Th .,rt.,, nt shall be loeated in the rinei sal building, (b) The owner- of the existing dwelling shall oeeupy one of the dwelling units as the owner-'s ]rine r-esi le-nee. The etne-i dwelling it shall he leased for- round .l � year- up:.n...y to .... eligible per-son s defined by this legislation and as ;deneed h., ., written lease f r a tern .,f one or rrx9re � (a) Tho apartment shall sentainnot less than 350 squar-e feet and shall * emeeed a square f etage equal to one half the total e„el�ed square footage of'the py- .,1 dwelling and rhall nat . „t.,; than a bathroom. (d)- �N minir .urr: of one off stNeet parking-spaee shall be provided. (o) Not more than one aecessefy apartment shall be provided peF single family dwelling. �f) Nat mefe than 500% „{L,.,,Y.e pfe .ed A un shall have (2) Accessory uses. (1) Accessory uses as set forth in and regulated by §280-13C(1), (2), (3), (4), (6) and (7) of this chapter. (2) Accessory apartments are permitted only within owner-occupied MIFDUs, subiect to the written approval of the Special Proiects Coordinator, the issuance of a rental permit in accordance with &280-13(D) and the following conditions: a) The accessory apartment shall be located within the MIFDU. b) Only one accessory apartment shall be permitted in a MIFDU. C) The owner shall occupv either the principal dwelling or the accessory apartment as the owner's orimary residence. d) The accessory apartment shall only be occupied by an elis4ible family or individual as defined by X280-30 (C). e) The term of the lease for an accessory_ apartment shall be at least one year. f) The accessory apartment shall be at least 350 square feet and shall not exceed a square footage equal to one half of the total square footage of the MIFDU. g) The accessory apartment shall have only one bathroom. h) A minimum of one off-street parkins space shall be provided. i) Not more than 50% of the dwelling units in an approved Affordable Housina District shall have accessory apartments. §280-28. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the AHD District unless the same conforms to the following Bulk, Area and Parking Schedule: Bulk, Area and Parking Sehedule Eingle Family - Multiple Minimum Requir-eme 3 kgs DwellGi»g3 Dwellings Total lot area (square feet) l o40 -10-080 44,408 L-3t v.ridth (fact) 40 100 150 Let depth Igo 110 2.90 Front yard (fzat) 35 35 15 1 side y and (feet) 15 15 20 Both side . afds�t) 25 3-0 19 Rear yard (fact) 35 35 15 t 450 500 500 per-dwelfing) Off ctr eat parking �;paccs 2 2 2 (per- dwelling) Land area /s,,uar-e root ^cr 't _1W 19-000 10,0W dwelling unit) „t cove „ (pefcent` ?S% 25% 23°6 Eailding height 35 35 35 Nur-,b-or cf stcriEs 2 % 2 % %: Bulk, Area and Parkine Schedule MIFDU MIFDU Minimum Requirements Owner-Occupied Tenant-Occupied Total lot area(square feet) 10,000 10,000 Lot width (feet) 80 80 Lot depth (feet) 100 100 Front yard (feet) 35 35 1 side yard (feet) 15 15 Both side yards (feet) 25 25 Rear yard (feet) 35 35 Minimum livable floor area I 850 450 (square feet per dwelling unit) Off-street parking spaces 2 2 (per dwelling unit) Land area for yield I 10,000 10,000 (square feet per dwelling unit) Land area density bonus for n/a 5,000 small rental units in a MIFDU Tenant occupied development. (sq.ft. /dwelling unit <850 sq.ft. up to 50% of the total # of units in the development) B. The Planning Board shall have the authority to reduce or amend yard setback requirements, lot dimension requirements, parkinp-requirements, and highway specifications. In making this decision, the Planning Board shall take into consideration the benefit to the applicant, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination, the Planning Board shall also consider: (1)whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the amendments; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than the sought variance; (3) whether the variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. This provision supersedes and amends New York State Town Law §§267, 267-a, 267-b and 267-c insofar as these sections give such authority to the Zoning Board of Appeals. Any amendment to highway specifications shall meet with the approval of the Highway Superintendent. §280-29. Application procedure. A. Application and fees. The application for rezoning shall be filed with the Town Clerk, in a form approved by the Town Board and available in the office of the Town Clerk. Fees applicable to the AHD zoning application shall be set by resolution of the Town Board. B. Application procedure. The procedure for approval of any future development in a proposed AHD District shall involve a three-stage review process as follows: (1) Approval by the Town Board of a preliminary development concept plan. (2) Approval of the final, detailed subdivision plat or site plan by the Planning Board. In an AHD zone, X280-137(A)(5) is inapplicable and the allowable density of MIFDUs shall be determined bv_ the following yield calculation: (a) Buildable land (square feet) divided by the minimum land area per dwelling unit= number of MIFDUs. (3) The zoning classification by the Town Board of a specific parcel or parcels of land for development in accordance with that plan.* §280-30. General regulations and requirements. H. If more than one MIFDU exists on a single lot, the dwelline_ units must either all be owner occupied or tenant occupied units. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: August 6, 2014 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Town Clerk PLEASE PUBLISH ON August 14.2014, AND FORWARD ONE (1)AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O., BOX 1179, SOUTHOLD,NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney TC's Bulletin Board Town Website Building Planning ZBA ELIZABETH A. NEVILLE,MMC �� r/y Town Hall,53095 Main Road TOWN CLERK p P.O.Box 1179 ti 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p .�C Fax(631)765-6145 MARRIAGE OFFICERy RECORDS MANAGEMENT OFFICER �Ol .� Telephone 765-1800 FREEDOM OF INFORMATION OFFICER www•southoldtldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 11, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Law listed below on August 26, 2014: 7:32pm: Local Law in relation to Chapter 280 Zoning, Affordable Housing District Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Village of Greenport Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Signature, Received by Date Please print name Title LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 6th day of August, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in, connection with the Affordable Housing District", , NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 26th day of August,2014 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280,, Zoning, in connection with the Affordable Housing District". BE IT ENACTED by the Town Board of the Town of Southold as follows: A. Purpose. The purpose of these Amendments is to allow more flexibility in the design of Affordable Housing Districts in order to expand the opportunities for the creation of moderate income housing within the Town. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: X280-25 Definitions. Fefthe pur-pe e of this ai4iele, the f ll,,.,ing+o-ms, uses and . ofds shall t av-e the Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Anv word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). ASSET - Includes real property holdings and equity, personal property (car, boat, etc.) valued in excess of$10,000, savings, cash, IRAs, 401 k, and any federally recognized tax- deferred vehicles. CONSUMER PRICE INDEX - The consumer price index as published by the United States Department of Labor, Bureau of Labor Statistics, for the New York Metropolitan area. CONVEYANCE - The transfer or transfers of any interest in real property by any method, including but not limited to, sale, exchange, assignment, surrender, mortgage foreclosure, transfer in lieu of foreclosure, option, trust indenture, taking by eminent domain, conveyance upon liquidation or by a receiver, or transfer or acquisition of a controlling interest in any entity with an interest in real property. Notwithstanding the foregoing, conveyance of real property shall not include a conveyance made pursuant to devise, bequest or inheritance; the creation, modification, extension, spreading, severance, consolidation, assignment, transfer, release or satisfaction of a mortgage; a mortgage subordination agreement, a mortgage severance agreement or an instrument given to perfect or correct a recorded mortgage; or a release of lien of tax pursuant to this article or the Internal Revenue Code. HEAD OF HOUSEHOLD - The adult member of the family who is the head of the household for purposes of determining income eligibility and rent.. HOUSEHOLD - The family and live-in aide, if applicable. MODERATE-INCOME FAMILY - A family registered with the Town of Southold Housing Registry 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 18) 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 120% of the HUD median income for the County of Suffolk. MODERATE-INCOME FAMILY DWELLING UNIT - A dwelling unit reserved for rent or sale to a moderate-income family and for which the maximum monthly rent (excluding utilities) or the maximum initial sales price does not exceed the maximum rent or maximum sales price set forth in § 280-30D hereof. MODERATE-INCOME FAMILY UNIMPROVED LOT - An unimproved lot reserved for sale to a moderate-income family and for which the maximum initial sales price does not exceed the maximum sales price set forth in § 280-30D hereof. Said "unimproved lot" shall mean a vacant parcel of real property designated as a lot on a filed map, inclusive of all utilities brought to the property line. NET WORTH - The net worth of an applicant shall include all liquid assets less debt. Liquid assets shall not include sheltered assets, trusts, Individual Retirement Accounts (IRAs), 401 Ks and all other federally recognized tax-deferred vehicles. PERMANENT FIXED IMPROVEMENT - An improvement to a lot or a moderate- income family dwelling unit which cannot be removed and which provides value to the property above and beyond repairs done to maintain the property in good condition. A permanent fixed improvement must be approved in advance of construction or installation in writing by the Special Projects Coordinator. PRIMARY RESIDENCE - The address listed on a person's federal income tax return. SPECIAL PROJECTS COORDINATOR- The employee of the Town who is responsible for the development, implementation and coordination of the Housing Registry and affordable housing initiatives for the Town of Southold. §280-27. Use regulations. In the AHD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: (1) Permitted uses. (1) Owner-occupied Moderate-Income Family Dwelling Unit ("MIFDU"), in accordance with the followina requirements: (a) An owner-occupied MIFDU shall not be leased, except one time for up to a two-year term, subiect to the written approval of the Special Proiects Coordinator. (b) Owner-occupied MIFDUs may either be attached or detached, or any combination thereof. (2) Tenant-occupied MIFDU, in accordance with the following requirements: (a) A tenant-occupied MIFDU must be leased for a term of not less than one-year. (b) Tenant-occupied MIFDUs may either be attached or detached, or any combination thereof. (4) One family .letaehed dwelling which shall he eeettpied by the ner e thnw lig, 3r may he leased e time by th. 3wno €er-a-pefied-13et g aat3:than tl,7,'e yeaf s with . .r;tte„ ., al „f the Spee;al PfE. e„ts- Cede-. CG\ Twe famiTly,l. ell;ings „h;-oh chall be eeeupied by theowner- of the 1 dwelling, of may he leased one time by the owner for a period not gr-e.,te« than twe yeafs with written approval of the Speeial Pfejeets Geerdifiatef-. (3) Multiple dwellings. Row or-attaehed dwelli /cT\7 following fequirementsi- (a) Th t shall be l„e.,tea in the prineipal building (b.) The owner- of the existing dwelling shall oneof the l i = dwelling units as the owner'pfine-ipal r--esidenee The ethef dwelling , nit shall he lease.? for- year-r-eund oeeupaney to an eligible per-son as defined by this legislation and as evidenced by r;tten lease fee- e term of one (e) The apcH4fnent shall eontain nat less than 350 s e feet and shat square footage of the pfineipaldwellingn and shall nat-eontain mare than one bathfeem. (d}�1 minimum of one off st eet par-king s e shall be provided. (o) Nat fner-e than one aeeessefy apaAfnent shall be pr-evided pe single famil dwelling. (f) Nat mer-e than 501 of l,.,.,-e r. an aWroved A14D shall have (2) Accessory uses. (1) Accessory uses as set forth in and regulated by §280-13C(1), (2), (3), (4), (6) and (7) of this chapter. (2) Accessory apartments are permitted only within owner-occupied MIFDUs, subject to the written approval of the Special Projects Coordinator. the issuance of a rental permit in accordance with &280-13(D) and the following conditions: a) The accessory apartment shall be located within the MIFDU. b) Only one accessory apartment shall be permitted in a MIFDU. C) The owner shall occupy either the principal dwellinp- or the accessory apartment as the owner's primary residence. d) The accessory apartment shall only be occupied by an eligible family or individual as defined by &280-30 (C). e) The term of the lease for an accessory apartment shall be at least one year. fl The accessory apartment shall be at least 350 square feet and shall not exceed a square footage equal to one half of the total square footage of the MIFDU. g) The accessory apartment shall have only one bathroom. h) A minimum of one off-street parking space shall be provided. i) Not more than 50% of the dwelling units in an approved Affordable Housing District shall have accessory apartments. §280-28. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the AHD District unless the same conforms to the following Bulk, Area and Parking Schedule: Bulk, Area and Parking Sehedul-e Single Family Two Fami -I �� Minimum Requir-eme Wig, Dwellilfgs Digs feet)Total Wt ffea(squar-e 19;990 -IQ- J 19;SA9 Let-.,,i3th ;fzet) QO 100 150 Lo"cYth (fezt) 100 110 203 F.a-nt yard 35 15 1 side yard (fact) 15 15 23 f"oth :Frac yards ;f Et) 25 30 10 Rear y-ard (feet) 35 35 15 Livable rt,,,,,. ., ., (squ.,,.o f rt E59 600 609 ,7 Wellifig) 04 st-fect parking :,paces 2 2 3 (per-dwelling) Land area(s,,, afe feet per 19-000 19 90 MOW dwelling, ni4) !at cev2rag-3 ',pzrcent, 29% 2C% 259/z, 40ding height 3E ?§ 35 Number sf stErias 2 ',4 2 % 2 Bulk, Area and Parking Schedule MIFDU MIFDU Minimum Requirements Owner-Occupied Tenant-Occupied Total lot area (square feet) 10,000 10,000 Lot width (feet) 80 80 Lot depth (feet) 100 100 Front yard (feet) 35 35 1 side yard (feet) 15 15 Both side yards (feet) 25 25 Rear yard (feet) 35 35 Minimum livable floor area 850 450 (square feet per dwelling unit) Off-street parking spaces 2 2 (per dwelling unit) Land area for yield 10,000 10,000 (square feet per dwelling unit) Land area density bonus for n/a 5,000 small rental units in a MIFDU Tenant occupied development. (sq.ft. /dwelling unit <850 sq.ft. up to 50% of the total # of units in the development) B. The Planning Board shall have the authority to reduce or amend yard setback requirements, lot dimension requirements, parkinv requirements, and highway specifications. In making this decision, the Planning Board shall take into consideration the benefit to the applicant, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination, the Planning Board shall also consider: (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the amendments; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than the sought variance; (3) whether the variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. This provision supersedes and amends New York State Town Law §§267, 267-a, 267-b and 267-c insofar as these sections give such authority to the Zoning Board of Appeals. Any amendment to highway specifications shall meet with the approval of the Highway Superintendent. §280-29. Application procedure. A. Application and fees. The application for rezoning shall be filed with the Town Clerk, in a form approved by the Town Board and available in the office of the Town Clerk. Fees applicable to the AHD zoning application shall be set by resolution of the Town Board. B. Application procedure. The procedure for approval of any future development in a proposed AHD District shall involve a three-stage review process as follows: (1) Approval by the Town Board of a preliminary development concept plan. (2) Approval of the final, detailed subdivision plat or site Dlan by the Planning Board. In an AHD zone, §280-137(A)(5) is inapplicable and the allowable density of MIFDUs shall be determined by the following yield calculation: (aa) Buildable land (square feet) divided by the minimum land area per dwelling unit=number of MIFDUs. (3) The zoning classification by the Town Board of a specific parcel or parcels of land for development in accordance with that plan.* §280-30. General regulations and requirements. H. If more than one MIFDU exists on a single lot, the dwelling units must either all be owner occupied or tenant occupied units. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: August 6, 2014 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Town Clerk PLEASE PUBLISH ON August 14,2014, AND FORWARD ONE (I) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD,NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney TC's Bulletin Board Town Website Building Planning ZBA RECEIVED Steven Bellone AUG 2 8 2014 SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning SOUthOld Town Clerk Joanne Minieri Deputy County Executive and Commissioner Division i Planning and Environment August 20, 2014 Town of Southold 53095 Main Road P.O. Box 1179 Southold,NY 11971 Attn: Elizabeth A.Neville Applicant: Town of Southold Zoning Action: Adopted Resolutions 2014-670&671 "A Local Law in relation in connection with the Affordable Housing District S.C.P.D. File No.: SD-14-LD Dear Ms.Neville: Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Director of Planning Andrew P. Frelen Chief Planner APF:cd LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099■(631)853-5191 SUMMARY OF LL/AMENDMENTS TO CHAPTER 280, ZONING AFFORDABLE HOUSING DISTRICT THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S PUBLIC HEARING AMENDS CHAPTER 280, ZONING, ARTICLE VI ENTITLED "AFFORDABLE HOUSING DISTRICT" OF THE SOUTHOLD TOWN CODE. THE PURPOSE OF THESE AMENDMENTS IS TO ALLOW MORE FLEXIBILITY IN AFFORDABLE HOUSING DISTRICTS BY PERMITTING THE CREATION OF BOTH. OWNER-OCCUPIED AND TENANT-OCCUPIED MODERATE INCOME FAMILY DWELLING UNITS WHICH WILL AFFORD A POTENTIAL DEVELOPER THE FLEXIBILITY TO TAILOR THE USE TO MEET THE NEEDS OF NOT ONLY THE DEVELOPER, BUT ALSO OF THE SURROUNDING COMMUNITY. SPECIFICALLY, THE AMENDMENTS TO §280-27(A) CONDENSE THE FIVE PERMITTED USES INTO TWO, NAMELY OWNER-OCCUPIED AND TENANT- OCCUPIED MODERATE INCOME FAMILY DWELLING UNITS, AND REMOVES ACCESSORY APARTMENTS FROM THE PERMITTED USE SECTION TO THE MORE APPROPRIATE ACCESSORY USE SECTION. §280-28 WAS AMENDED TO REFLECT THE NEW DIMENSIONAL REQUIREMENTS OF THE TWO PERMITTED USES AND TO CREATE A DENSITY BONUS FOR THE TENANT-OCCUPIED UNITS AND TO ALLOW THE PLANNING BOARD TO VARY PARKING REQUIREMENTS. §280-29(B)(2) WAS AMENDED TO ESTABLISH A YIELD CALCULATION TO DETERMINE THE NUMBER OF MODERATE INCOME FAMILY DWELLING UNITS THAT MAY EXIST ON A SINGLE PARCEL TO ALLEVIATE THE NEED FOR AN APPLICANT TO SUBMIT A YIELD PLAN. THE GENERAL REQUIREMENTS AND REGULATIONS IN §280-30 WERE AMENDED TO REQUIRE THAT ALL MODERATE INCOME FAMILY DWELLING UNITS ON A SINGLE LOT MUST BE THE SAME TYPE OF UNIT. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN TODAY'S AGENDA, IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE. Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner Division and Environment Planning ironment August 20, 2014 RECEIVED Town of Southold 53095 Main Road P.O. Box 1179 AUG 2 6 2014 Southold, NY 11971 Attn: Elizabeth A. Neville Southold Town Clerk Applicant: Town of Southold Zoning Action: Adopted Resolutions 2014-670&671 "A Local Law in relation in connection with the Affordable Housing District S.C.P.D. File No.: SD-14-LD Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Director of Planning Andrew P. Frelen - Chief Planner APF:cd LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th FI 0 P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 OFFICE LOCATION: ��OF S0!/jyo MAILING ADDRESS: Town Hall Annex ,`O l0 P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) cn Telephone: 631 765-1938 Southold, NY 11971 G �� Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM RECEIVED AUG 2 2 2014 To: Supervisor Scott Russell Town of Southold Town Board Southold Town Clerk From: Mark Terry, Principal Planner LWRP Coordinator Date: August 21, 2014 Re: Local Waterfront Revitalization Coastal Consistency Review "A Local Law in relation to Amendments to Chapter 280. Zoninq, in connection with the Affordable Housinq District" The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with • the LWRP Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Martin Finnegan, Town Attorney MAILING ADDRESS: PLANNING BOARD MEMBERS rjF SO P.O. Box 1179 DONALD J.WILCENSKI �ok y�lO Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERSTown Hall Annex PIERCE RAFFERTY G • Q 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR lyCOUf��� Southold, NY Telephone: 631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Scott Russell, Supervisor AUG 2 2 2014 Members of the Southold Town Board 0 Southold Town Clerk From: Mark Terry, Principal Planner LWRP Coordinator Date: August 21, 2014 Re: A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280,, Zonina, in connection with the Affordable Housing District", The proposed action has been reviewed to New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my determination that pursuant to Part 617.5C(27), the action, as proposed, is a Type II action and therefore not subject to SEQRA review. 4P17.5(c)(27) "adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list,` Please contact me with any questions. Cc: Martin Finnegan, Town Attorney MAILING ADDRESS: PLANNING BOARD MEMBERS �QF SU!/ry P.O. Box 1179 DONALD J.WILCENSKI ��� Old Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERSy Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H.RICH III �Ql (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR �C�U �� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Elizabeth A. Neville, Town Clerk AUG 2 0 2014 • From: Donald J. Wilcenski, Chairman Southold Town Clerk Date: August 19, 2014 Re: A Local Law in Relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District Thank you for the opportunity to provide comments on the above Local Law to amend Chapter 280, Zoning, in connection with the Affordable Housing District. The Planning Board supports the proposed amendments. These amendments are important to ensure that more options become available for the creation of housing for our residents of moderate income. The amendments accomplish this by simplifying the permitted uses, clarifying the • potential for an all-rental model for development at the same density as an owner-occupied model, and improving the application process through allowing the yield to be calculated rather than mapped. Simplifying the permitted uses and making them specific to the zoning district provides clarity to an applicant about the options for development. In addition, while an all-rental model technically could have been accomplished in the code previous to these amendments, there was conflicting language that made it unclear. Providing a calculation for the yield also provides clarity to the applicant and is more cost-effective than having to produce a yield plan. All of these amendments improve the overall process for creating affordable housing and we hope will result in more housing being created under this zoning district. cc: Scott Russell, Town Supervisor Members of the Town Board Town Attorney #11831 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) of Mattituck, in said county, being duly sworn, says that she is Karen Kine SUFFOLK TIMES, a weekly newspaper, published at Principal Clerk of THE S - ty of Suffolk and State of New York, and that Mattituck, in the Town of Southold, Coun the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once eweek for week(s) successfully commencing on the ach 14th day of August, 2014., '-,Principal Clerk in—=111113=1" yp'tbq�autborityto reduce or amend yaropetback r i ements,tot decision;the and,highway specifications. in mdl�this Planning' shaUll. 4040".- the benefit to the a0ficant,'as weighed against the detrifitent to the bealth,i0ety, of the neighbordiodd or community. In making such determination,the Planning shall` k �'�. 'e&,r.aa,undea"ble change will be produced in the character of 2014. the neiih i6arby properties w0lbe created by the granting of the amendments; method,(2)whetjf�erfe benet'stttsg►L by the feasible for the applicant S%to pursue,,other substantial;(4)whether the proposed variance will have an advt tse effect impact an the physical or tal conditions in the neigh- borhood of district;and(5)whether the atleged difficulty was self cxeated, shall be relevant to the decision but shall not necessartly preclude the proposed amendment or variance.This provision supersedes and amends New York State Town Law 44267,2b7-a,267-b and 2b?c insofar as these sections give such authority to the Zoning Board of Appeals. Any amendment to highway specifications shall meet with the OLINSKI approval of the Highway Superintendent. E OF NEW YORK i 4200-29.Application procedure, 105050 M A. Application and fees.The application for rezoning shall be filed with the Town Clerk,in a form )i approved by the Town Board and available in the office of the Town Clerk. Fees applicable to the AHD �olk county 11 zoning application shall be set by resolution of the Town Board. February 25, 2016 cl fL Application procedure. The procedure for approval of any future development in a proposed a AHD District shall involve a three-stage review process as follows: (1) Approval by the lbwn Board of a preliminary development concept plan. (2) Approval of the final,detailed subdivision plat or sit&„>llasi by the Planning Board. zonc.6280-137(A)(5)is inoRphobh and the sllbwable deaft of MEFDUs shall be dcwn�n x 4�_P_ MW calcul" Buildable land(gqU=feet)divided by the minimum Ind area UM dwelling MWI=muw=of M0 (3) The zoning classification by the Town Board of a specific parcel or parcels of land for develop- .41pbool ment in accordance with that plan.* General regubdonsand requiftweaft If more than one Nfl]FDU exists on'a single I !.the dwelling units must-either all be ow 0X*4 Q1 wow occt UnftL M SLIVER"MM _lf.auy clause,sentence;paragraph,section,or part of this Local Law shall be adjudged by any court of competent jurisdiction to be'invalid,the judgment shall not affect the validity of this law at a whole or any part thereofother than the part so decided.to be unconstitutional or invalid. M EFFECTIVE DATE aq This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. bated:August 6,2014 BY ORDER OF THE TOWN BOARD OMIETOWWOFSOUMOLD Elizabeth A..Neville Man Southold Town Clerk T ftfu powWig"WPM. n'8000.20qw,JP luoutiXedoci sol'sts palglun 010 Immak p;qWP.Vn POZM*KM Ap"Im AIM iq;ibow'4ir�pus'dmploq AVOCIO'd J021 %1u1XVs'0W0TS 10 swya ul ponleA(-jp,1ieoq L""UttUf W44 ;)44 Wj4 U,X" SMOUOJ Sa popume Aqwoq "Adak STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 8th day of August , 2014, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York. PH for Chapter 280 in connection with Affordable Housing District ffAabeth A. Neville Southold Town Clerk Sworn before me this 8 day of AuguS A A,, Notary Public • LYNDA M. RUDDER Notary Public, State of New York No.01 RU6020932 Qualified in Suffolk County Commission Expires March 8,201:5:— LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 6th day of August, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District" , NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 26th day of August, 2014 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District". BE IT ENACTED by the Town Board of the Town of Southold as follows: A. Purpose. The purpose of these Amendments is to allow more flexibility in the design of Affordable Housing Districts in order to expand the opportunities for the creation of moderate income housing within the Town. . II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: &280-25 Definitions. F,,,.the ..pose 9€this ai4ie-le, the following tefms, phfases a wef& skull have the following Unless otherwise expressly stated, the following terms shall, for the vumose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary_ of the English Language, unabridged (or latest edition). ASSET - Includes real property holdings and equity, personal property (car, boat, etc.) valued in excess of$10,000, savings, cash, IRAs, 401 k, and any federally recognized tax- deferred vehicles. CONSUMER PRICE INDEX - The consumer price index as published by the United States Department of Labor, Bureau of Labor Statistics, for the New York Metropolitan area. CONVEYANCE - The transfer or transfers of any interest in real property by any method, including but not limited to, sale, exchange, assignment, surrender, mortgage foreclosure, transfer in lieu of foreclosure, option, trust indenture, taking by eminent domain, conveyance upon liquidation or by a receiver, or transfer or acquisition of a controlling interest in any entity with an interest in real property. Notwithstanding the foregoing, conveyance of real property shall not include a conveyance made pursuant to devise, bequest or inheritance; the creation, modification, extension, spreading, severance, consolidation, assignment, transfer, release or satisfaction of a mortgage; a mortgage subordination agreement, a mortgage severance agreement or an instrument given to perfect or correct a recorded mortgage; or a release of lien of tax pursuant to this article or the Internal Revenue Code. • HEAD OF HOUSEHOLD - The adult member of the family who is the head of the household for purposes of determining income eligibility and rent.. HOUSEHOLD - The family and live-in aide, if applicable. MODERATE-INCOME FAMILY - A family registered with the Town of Southold Housing Registry 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 18) 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 120% of the HUD median income for the County of Suffolk. MODERATE-INCOME FAMILY DWELLING UNIT -A dwelling unit reserved for • rent or sale to a moderate-income family and for which the maximum monthly rent (excluding utilities) or the maximum initial sales price does not exceed the maximum rent or maximum sales price set forth in § 280-30D hereof. MODERATE-INCOME FAMILY UNIMPROVED LOT -An unimproved lot reserved for sale to a moderate-income family and for which the maximum initial sales price does not exceed the maximum sales price set forth in § 280-30D hereof. Said "unimproved lot" shall mean a vacant parcel of real property designated as a lot on a filed map, inclusive of all utilities brought to the property line. NET WORTH - The net worth of an applicant shall include all liquid assets less debt. Liquid assets shall not include sheltered assets, trusts, Individual Retirement Accounts (IRAs), 401 Ks and all other federally recognized tax-deferred vehicles. PERMANENT FIXED IMPROVEMENT - An improvement to a lot or a moderate- income family dwelling unit which cannot be removed and which provides value to the property above and beyond repairs done to maintain the property in good condition. A permanent fixed improvement must be approved in advance of construction or installation in writing by the Special Projects Coordinator. PRIMARY RESIDENCE - The address listed on a person's federal income tax return. SPECIAL PROJECTS COORDINATOR- The employee of the Town who is responsible for the development, implementation and coordination of the Housing Registry and affordable housing initiatives for the Town of Southold. §280-27. Use regulations. In the AHD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: (1) Permitted uses. • (1) Owner-occupied Moderate-Income Family Dwellinp,Unit ("MIFDU"), in accordance with the following requirements: (a) An owner-occupied MIFDU shall not be leased, except one time for up to a two-year term, subject to the written approval of the Special Projects Coordinator. (b) Owner-occupied MIFDUs may either be attached or detached, or any combination thereof. (2) Tenant-occupied MIFDU, in accordance with the following requirements: (a) A tenant-occupied MIFDU must be leased for a term of not less than one-year. (b) Tenant-occupied MIFDUs may either be attached or detached, or any combination thereof. (4) One family detaehed dwelling whieh shall be eeeupied by the owne the d,A,elling, or-may be leased ene time by the owner-for- a period no • Geefdinater-. dwelling, EW may be leased one fifne by the ownef for a period not gr-ea4er- (J) Multiple dwellings. (5; principal hu lding only, ubje.t to the (a) The aeeesser-y pa ft,rofit shall be 1eea4ed in the principal building. (b) The owner-of the exisfing dwelling shall eeeupy one of th-e dwelling units as the owner's pr-ineipal fesidenee. The other.- occupan- a» (o) The apai4menr�shall eontein n t less than 350 square feet and shall footage 1 to half the tetal not a sqLIaT'+r-rovcuge �uurcv-vii�rasrrcrn—rosur..e..,s..d squafe footage of the pfineipal dwelling and shall not een4ain fnef-e than a b tl,r,.em (d) A :r�:nimum of one off st,.eet Purloin . (c) Not m than e aeeessefy pai4.,.,en4 shall be „ idea pe single family (f) Nat m 0%e than 50of homes, in an aprtraved 14 :hall hu.-,e (2) Accessory uses. (1) Accessory uses as set forth in and regulated by §280-13C(l), (2), (3), (4), (6) and (7) of this chapter. (2) Accessory apartments are permitted only within owner-occupied MIFDUs, subiect to the written approval of the Special Proiects Coordinator, the issuance of a rental permit in accordance with X280-13(1)) and the following conditions: • a) The accessory apartment shall be located within the MIFDU. b) Only one accessory apartment shall be permitted in a MIFDU. C) The owner shall occupy either the principal dwelliniz or the accessory apartment as the owner's primary residence. d) The accessory apartment shall only be occupied by an eligible family or individual as defined by X280-30 (C). e) The term of the lease for an accessory apartment shall be at least one year. f) The accessory_ apartment shall be at least 350 square feet and shall not exceed a square footage equal to one half of the total square footai4e of the MIFDU. • g) The accessory apartment shall have only one bathroom. h) A minimum of one off-street parking space shall be provided. i) Not more than 50% of the dwelling units in an approved Affordable Housing District shall have accessory apartments. §280-28. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the AHD District unless the same conforms to the following Bulk, Area and Parking Schedule: Bulk, Area and Parking Sehedute S' a• 11 4a-liple Minimum Requireme 3 �- Dwelling3 Dwellings Total let foot) 19;000 2$90Q 40-,A00 Lot-,,,idth "feet) EO 100 150 Lot depth (feet) 100 110 299 Front yturd (feet) 35 35 15 1--si& 3 urd (f rt) 15 15 20 Reid yids (feet) 25 30 10 Rear-yafd (feot) 35 35 15 r i able floc« e„ /s,,,,af of 950 68Q 600 pef dwelling) Off si-ect parking spaees 2 2 2 (pef dwelling) Land ea (squ fe feet per 10,000 19;009 dwelling , nio Building h-3ight 35 35 35 NurntEr of sty ie� % % 3 • Bulk, Area and Parking Schedule MIFDU MIFDU Minimum Requirements Owner-Occupied Tenant-Occupied Total lot area (square feet) 10,000 10,000 Lot width (feet) 80 80 Lot depth (feet) 100 100 Front yard (feet) 35 35 1 side yard (feet) 15 15 Both side yards (feet) 25 25 Rear yard (feet) 35 35 Minimum livable floor area 850 450 • (square feet per dwelling unit) Off-street parking spaces 2 2 (per dwelling unit) Land area for yield 10,000 10,000 (square feet per dwelling unit) Land area density bonus for n/a 5,000 small rental units in a MIFDU Tenant occupied development. (sq.ft. / dwelling unit <850 sq.ft. up to 50% of the total # of units in the development) B. The Planning Board shall have the authority to reduce or amend yard setback requirements, lot dimension requirements, narkinv-requirements, and highway specifications. In making this decision, the Planning Board shall take into consideration the benefit to the applicant, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination, the Planning Board shall also consider: (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the amendments; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than the sought variance; (3) whether the variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. This provision supersedes and amends New York State Town Law §§267, 267-a, 267-b and 267-c insofar as these sections give such authority to the Zoning Board of Appeals. Any amendment to highway specifications shall meet with the approval of the Highway Superintendent. §280-29. Application procedure. • A. Application and fees. The application for rezoning shall be filed with the Town Clerk, in a form approved by the Town Board and available in the office of the Town Clerk. Fees applicable to the AHD zoning application shall be set by resolution of the Town Board. B. Application procedure. The procedure for approval of any future development in a proposed AHD District shall involve a three-stage review process as follows: (1) Approval by the Town Board of a preliminary development concept plan. (2) Approval of the final, detailed subdivision plat or site plan by the Planning Board. In an AHD zone, §280-137(A)(5) is inapplicable and the allowable density of MIFDUs shall be determined by the following yield calculation: Lal Buildable land (square feet) divided by the minimum land area per dwellina unit= number of MIFDUs. (3) The zoning classification by the Town Board of a specific parcel or • parcels of land for development in accordance with that plan.* §280-30. General regulations and requirements. H. If more than one MIFDU exists on a single lot, the dwelliniz units must either all be owner occupied or tenant occupied units. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: August 6, 2014 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Town Clerk PLEASE PUBLISH ON August 14,2014, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney TC's Bulletin Board Town Website Building • Planning ZBA • �oSUFFoc,��, ELIZABETH A. NEVILLE,MMC �•�� ��/y Town Hall,53095 Main Road TOWN CLERK P.O. Box 1179 ti Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p • Fax(631)765-6145 MARRIAGE OFFICER �' ��' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ��.( `�►a www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 13, 2014 Re: Resolution Number(s) 2014-670&671 "A Local Law in Relation to Amendments to Chapter 280,Zoning in connection with the Affordable Housing District of the Code of the Town of Southold,Southold, NY • Andrew P. Freeling, Chief Planner Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freeling, The Southold Town Board at their regular meeting held on August 6, 2014 adopted the resolution(s) referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is • also being sent to the Southold Town Planning Board for their review. The date and time for this public hearing is 7:32PM,Tuesday, August 26,2014 Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, E(iiAbeth A. Neville Southold Town Clerk Enclosure cc:Town Board ��SUFFO(,�oo ELIZABETH A.NEVILLE,MMC �Z� Gy Town Hall,53095 Main Road TOWN CLERK o P.O.Box 1179 coo = Southold,New York 11971 REGISTRAR OF VITAL STATISTICS - • Fax(631)765-6145 MARRIAGE OFFICERy� ate`' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER 0.( `�► www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 14, 2014 Re: Resolution Numbers 2014-670&671"A Local Law in Relation to Amendments to Chapter 280, • Zoning, in connection with the Affordable Housing District,of the Code of the Town of Southold, New York Donald Wilcenski, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr. Wilcenski: The Southold Town Board at their regular meeting held on August 6, 2014 adopted the resolutions referenced above. Certified copies are enclosed. • Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Suffolk County Department of Planning for their review. The date and time for this public hearing is 7:32PM,Tuesday,August 26,2014. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, C4�44 0YIU4�& - Eliza eth A. Neville Southold Town Clerk Enclosure cc:Town Board ag1FF0t,F RESOLUTION 2014-671 ADOPTED DOC ID: 10021 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-671 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 6,2014: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District"to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell • RESOLUTION 2014-670 ADOPTED DOC ID: 10020 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-670 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 6,2014: WHEREAS, there has been resented to the Town Board of the Town of Southold, Suffolk County, New York, on the 6t day of August, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the • 26" day of August,2014 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. • The purpose of these Amendments is to allow more flexibility in the design of Affordable Housing Districts in order to expand the opportunities for the creation of moderate income housing within the Town. H. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: X280-25 Definitions. For-the purpose of this artielo the f llowing toms, phrases dwof Shull ha-.'-e the following Unless otherwise expressly stated, the following terms shall, for the puraose of this Chapter, have the meaninias as herein defined. Any word or term not noted below shall be used with a meaninv, as defined in Webster's Third New International Dictionary of the Env-lish Lanv-uap-e, unabridged (or latest edition). Resolution 2014-670 Board Meeting of August 6, 2014 ASSET - Includes real property holdings and equity, personal property (car, boat, etc.) valued in excess of$10,000, savings, cash, IRAs, 401 k, and any federally recognized tax-deferred vehicles. CONSUMER PRICE INDEX - The consumer price index as published by the United States Department of Labor, Bureau of Labor Statistics, for the New York Metropolitan area. CONVEYANCE - The transfer or transfers of any interest in real property by any method, including but not limited to, sale, exchange, assignment, surrender, mortgage foreclosure, transfer in lieu of foreclosure, option, trust indenture, taking by eminent domain, conveyance upon liquidation or by a receiver, or transfer or acquisition of a controlling interest in any entity with an interest in real property. Notwithstanding the foregoing, conveyance of real property shall not include a conveyance made pursuant to devise, bequest or inheritance; the creation, modification, extension, spreading, severance, consolidation, assignment, transfer, release or satisfaction of a mortgage; a mortgage subordination agreement, a mortgage severance agreement or an instrument given to perfect or correct a recorded mortgage; or a release of lien of tax pursuant to this article or the Internal Revenue Code. HEAD OF HOUSEHOLD - The adult member of the family who is the head of the household for purposes of determining income eligibility and rent.. HOUSEHOLD - The family and live-in aide, if applicable. MODERATE-INCOME FAMILY - A family registered with the Town of Southold Housing Registry 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 18) 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 120% of the HUD median income for the County of Suffolk. MODERATE-INCOME FAMILY DWELLING UNIT - A dwelling unit reserved for rent or sale to a moderate-income family and for which the maximum monthly rent (excluding utilities) • or the maximum initial sales price does not exceed the maximum rent or maximum sales price set forth in § 280-30D hereof. MODERATE-INCOME FAMILY UNIMPROVED LOT -An unimproved lot reserved for sale to a moderate-income family and for which the maximum initial sales price does not exceed the maximum sales price set forth in § 280-30D hereof. Said "unimproved lot" shall mean a vacant parcel of real property designated as a lot on a filed map, inclusive of all utilities brought to the property line. NET WORTH - The net worth of an applicant shall include all liquid assets less debt. Liquid assets shall not include sheltered assets, trusts, Individual Retirement Accounts (IRAs), 401 Ks and all other federally recognized tax-deferred vehicles. PERMANENT FIXED IMPROVEMENT - An improvement to a lot or a moderate-income family dwelling unit which cannot be removed and which provides value to the property above and beyond repairs done to maintain the property in good condition. A permanent fixed Updated: 8/5/2014 12:22 PM by Lynda Rudder Page 2 Resolution 2014-670 Board Meeting of August 6, 2014 improvement must be approved in advance of construction or installation in writing by the Special Projects Coordinator. PRIMARY RESIDENCE - The address listed on a person's federal income tax return. SPECIAL PROJECTS COORDINATOR- The employee of the Town who is responsible for the development, implementation and coordination of the Housing Registry and affordable housing initiatives for the Town of Southold. §280-27. Use regulations. In the AHD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (1) Owner-occuvied Moderate-Income Family Dwelling Unit("MIFDU"). in accordance with the following requirements: (a) An owner-occuDied MIFDU shall not be leased. except one time for uv to a two-year term. subiect to the written amoroval of the Special Proiects, Coordinator. (b) Owner-OCCUDied MIFDUs may either be attached or detached. or any combination thereof (2) Tenant-occupied MIFDU. in accordance with the following requirements: (a) A tenant-occupied MIFDU must be leased for a term of not less than one-year.. (b) Tenant-occui3ied MIFDUs may either be attached or detached, or any combination thereof. (1) One family detaehed dwe4ing whieh shall be oeeupied tahR_ &,m;-lerr 0- dwelling, or-may be leased one time by the ev.%er fef a pefiod not greatef t twe years with wr-44en approval of the Speeial Pr-ejeets Goer-dinatef, (-21 Two family dwellings whieh shall be eeeupied by the owner-of the dwelling, or- may be leased one time by the owner-for-a pefied not gfeatef than two yeafs wit written approval of the Special Prqjeet&4C-e9rEi�-I�at - (3) Multiple dwellings. (4) Row or-attaehed dwellings following requirements: (a) Tl�e (b) T of the dwelling units 11 1- 1-p-A as the oA%er's prineipal id E4 The other-dwelling unit sho 0_ leased fef year-retind eeeupaney to an eligible pefsen as defined by this legislation and as evideneed by a wfitten lease fef a teFm of one or-ffier-e year6-. (c) The apaftment shall eontain not less than 350 square feet and sha exeeed a squafe fe—ge -Hall to --,- half the total enelesed square ofthepfineipald elling -and shall not eontain more than one bathfoem. �d) A minimurn of one off stfeet par-king spaee shall be pfevided-. (e)-- Not more than one aeeessoFy apai4ment shall be provided per-single family dwe4inn -. Updated: 8/5/2014 12:22 PM by Lynda Rudder Page 3 Resolution 2014-670 Board Meeting of August 6, 2014 (f) Not more than 50-13,� of hemes in an appr-evedAHD shall have apa4ment-- B. Accessory uses. (1) Accessory uses as set forth in and regulated by §280-13C(1), (2), (3), (4), (6) and (7) of this chapter. (2) Accessory apartments are permitted only within owner-occupied MIFDUs, subiect to the written approval of the Special Proiects Coordinator, the issuance of a rental permit in accordance with M0-13(1)) and the following conditions: a) The accessory apartment shall be located within the MIFDU., b) Only one accessory anartment shall be permitted in a MIFDU. C) The owner shall occupy either the principal dwelling, or the accessory apartment as the owner's primary residence. d) The accessory apartment shall only be occupied by an eligible family or individual as defined by $280-30 (C). e) The term of the lease for an accessory apartment shall be at least one year. f) The accessory apartment shall be at least 350 square feet and shall, not exceed a square footage equal to one half of the total square, footap-c of the MlFDU. g) The accessory apartment shall have only one bathroom.. h) A minimum of one off-street parking space shall be provided. i) Not more than 50% of the dwelling units in an amroved Affordable Housina District shall have accessory apartments. §280-28. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the AHD District unless the same conforms to the following Bulk, Area and Parking Schedule: Bulic,Area and Par-king-Sehedttle Single Family Two Famik' littttipte Minimum R Dwellin S Dwelling-z DW-effings TeW lot area (square-feet-) ',0,00 2 0", W Let,vidth(feet) 89 190 159 Lot depth (feet) 109 119 200 Front yard (fejt) 35 35 1 side yard(fe t) i 5 15 20 Both side yafds (feet) 25 39 40 Rear yard (fbot) 35 35 15. Livable 44eer-area (squafe-feet 859 600 600 per-dwelling) Off stree:1,parking :paces 2 2 2 (per-dwelling) Land area (squafe feetTor 10-,-040 1o-,040 dwelling unit) Let eeveFage (perGent) guil-,{1g hci-ht 0 Updated: 8/5/2014 12:22 PM by Lynda Rudder Page 4 Resolution 2014-670 Board Meeting of August 6, 2014 "'amber cf ctc�r ic-s 2 % 1 � Bulk, Area and Parkine Schedule MIFDU MIFDU Minimum Requirements Owner-Occupied Tenant-Occupied Total lot area (square feet) 10,000 I 10,000 Lot width (feet) 80 80 Lot depth (feet) 100 100 Front yard (feet) 35 35 1 side yard (feet) 15 15 Both side yards (feet) 25 I 25 Rear yard (feet) 35 35 Minimum livable floor area 850 450 (square feet per dwelling unit) Off-street parking spaces 2 2 (per dwelling unit) Land area for yield 10,000 10,000 (square feet per dwelling unit) Land area density bonus for n/a 5,000 small rental units in a MIFDU Tenant occupied development. (sq.ft. /dwelling unit<850 sq.ft. up to 50% of the total # of units in the development) B. The Planning Board shall have the authority to reduce or amend yard setback requirements, lot dimension requirements, parking requirements, and highway specifications. In making this decision, the Planning Board shall take into consideration the benefit to the applicant, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination, the Planning Board shall also consider: (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the amendments; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than the sought variance; (3) whether the variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. This provision supersedes and amends New York State Town Law §§267, 267-a, 267-b and 267-c insofar as these sections give such authority to the Updated: 8/5/2014 12:22 PM by Lynda Rudder Page 5 Resolution 2014-670 Board Meeting of August 6, 2014 Zoning Board of Appeals. Any amendment to highway specifications shall meet with the approval of the Highway Superintendent. §280-29. Application procedure. A. Application and fees. The application for rezoning shall be filed with the Town Clerk, in a form approved by the Town Board and available in the office of the Town Clerk. Fees applicable to the AHD zoning application shall be set by resolution of the Town Board. B. Application procedure, The procedure for approval of any future development in a proposed AHD District shall involve a three-stage review process as follows: (1) Approval by the Town Board of a preliminary development concept plan. (2) Approval of the final, detailed subdivision plat or site Man by the Planning Board. In an AHD zone. &280-137W(5) is inapplicable and the allowable density of MIFDUs shall be determined by the following yield calculation: (a) Buildable land (sauare feet) divided by the minimum land area per dwellinsz unit=number of MIFDUs. (3) The zoning classification by the Town Board of a specific parcel or parcels of land for development in accordance with that plan.* §280-30. General regulations and requirements. H. If more than one MIFDU exists on a single lot. the dwelling units must either all be, owner occupied or tenant occupied units. Ill. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. T Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Updated: 8/5/2014 12:22 PM by Lynda Rudder Page 6 Rudder, Lynda From: Cerria Torres <ctorres@timesreview.com> Sent: Friday, August 08, 2014 12:20 PM To: Rudder, Lynda Subject: Re: for publication Lynda, The two notices are set to publish in The Suffolk Times on 08/14/14. ThrT,.,, nk you REVIE MED�R GAQUP Cerria Torres lisplay Ad Coordinator 631.354.8011 (D) ctorresO.timesreview.com www.timesreview.com From: <Rudder>, Lynda <Ivnda.rudder(@town.southold.nv.us> Date: Friday, August 8, 2014 12:22 PM To: "Beltz, Phillip" <Phillip.Beltz@town.southold.nv.us>, "Collins, Michael" <michael.collinsC@town.southold.nv.us>, "Richter,Jamie" <Jamie.Richter(@town.southold.nv.us>, "Orlando, Vincent" <vincent.orlando@town.southold.nv.us>, Jim Dinizio <iim(@iamesdinizio.com>, "Cushman,John" <John.Cushman(cDtown.southold.nv.us>, "Doherty,Jill" <iill.dohertv(@town.southold.nv.us>, "Finnegan, Martin" <martin.finnegan(a@town.southold.nv.us>, "Ghosio, Bob" <bob.Rhosio@town.southold.nv.us>, "Kiely, Stephen" <ster)hen.kiely@town.southold.nv.us>, "Krauza, Lynne" <Ivnne.krauza(@town.southold.nv.us>, Louisa Evans<lPevans06390(@Rmail.com>, "Reisenberg, Lloyd" t lovd.ReisenberR(cDtown.southold.nv.us>, "Russell, Scott" <Scott.Russell(a)town.southold.nv.us>, "Standish, Lauren" auren.Standish@town.southold.nv.us>, "Tomaszewski, Michelle" <michellet(@town.southold.nv.us>,Times Review <tdoubrava@timesreview.com>, William Ruland <rulandfarm@vahoo.com> Subject:for publication Please publish in the 8/14 edition of the Suffolk Times and the Town website 1 Rudder, Lynda From: Reisenberg, Lloyd Sent: Monday, August 04, 2014 11:45 AM To: Rudder, Lynda Subject: RE: for publication Posted Lloyd H. Reisenberg Network and Systems Administrator Town of Southold, New York www.south oldtownn v.pov Ilovdr@southoldtownnv.pov 0: 631-765-1891 1 M:631-879-1554 F: 631-765-5178 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged Oformation. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is rohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Rudder, Lynda Sent: Friday, August 01, 2014 8:53 AM To: Rallis, Damon; Jim Dinizio; Beltz, Phillip; Cushman, John; Doherty, Jill; Finnegan, Martin; Ghosio, Bob; Kiely, Stephen; Krauza, Lynne; Louisa Evans; Reisenberg, Lloyd; Russell, Scott; Standish, Lauren; Tomaszewski, Michelle; Tracey Doubrava (tdoubrava(&timesreview.com); William Ruland Subject: for publication Please publish in the 8/7 edition of the Suffolk times and the Town website i Rudder, Lynda From: Rudder, Lynda Sent: Monday, August 11, 2014 3:38 PM To: Bunch, Connie; Kalin, Carol; Lanza, Heather; Riverhead Twon Clerk; Shelter Island Clerk; Southampton Town clerk; Sylvia Pirillo;Toth, Vicki; Verity, Mike Subject: Notice of Public Hearing Attachments: 11 280 and_20140811110226.pdf Your message is ready to be sent with the following file or link attachments: 11 280 and_20140811110226.pdf Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. 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