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HomeMy WebLinkAboutLL-1995 #23ALEXANDER F. TREADWELL SECRETARY OF STATE STATE Of NEW YORK DEPARTMENT OF STATE ALBANY, NY 12231-O00! December 5, 1995 JUDITH TERRY TOWN OF SOUTHOLD TOWN HALL 53095 MAIN ROAD PO BOX 1179 SOUTHOLD, NY 11971 RE: Town of Southold, Local Law 23, 1995, filed 12/01/95 The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely' ':: i~., ~. ~ ...... / ~ 7~ .... Janice G. Durfee Principal File Clerk Bureau of State Records (518) 474-2755 JGD:ml Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 162 WASHINGTON AVENUE, ALBANY, NY 12231 (Use thls form to file a local law With the Secretary of State.) Text of law should be given as amended. Do no! include matter being eliminated and do not use italics or underlining to indicate new matter. ll:l~ x _~ Southold 'Town u~-5' ........................................................................................ Local Law No ....... _2,3_ .......................... of the year A locallaw in Relation to Relation to Lot Creation and Me_rger . Be it enacted by the Town Boa rd ....................................................... r ................................. of the ~lt~ .~ Southold Town ......................................................... as follows: Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-24 (Lot Creation) is hereby adopted to read as follows: A lot created by deed or Town approval shall be' recognized by the Town if any one of the following standardsapply and if the lots have not merged: 1) The identical lot was created by deed recorded in the Suffolk County Clerk's Office on or before June 30, 1983 and the lot conformed to the minimum lot requirement(s) set forth in Bulk Schedule AA as of the date of lot creation. 2) The lot(s) in question is/are approved by the Southold Town Planning Board. 3) 4) The lot(s) n question is/are shown on a subdivision map approved by the Southold Town Board prior to June 30, 1983. The lot(s) in question is/are approved and/or recognized by formal . action of the Board of Appeals prior to June 30, 1983: (If additional.space is needed, attach pages the same size as this sheet, and number each.) DOS-239 (Rev. 7/91) All lots which are not recognized by the Town pursuant to the above section shall not receive any building permits or other development entitlements. All Pots are subject to the merger provisions of Sec. 100-25. 2. Section 100-25 (Merger) is hereby adopted to read as follows: Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of 50 feet or more in dis- tance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. Definitions. Common ownership shall mean that the parcel is held by the same person in the same percentage of ownership as an adjoining parcel. Exceptions. Lots which are recognized under Sec. 100-24 and meet any of the following categories shall be exempt from the merger provision set forth above and shall not be deemed merged by operation of this law: 1 ) The nonconforming lot has a minimum size of 40,000 square feet, or 2) The nonconforming lot obtained a lot size variance from the Zoning Board, or 3) if the lot is not on the maps described in former Section 100-12, the nonconforming lot has been held in single and separate ownership from July 1,1983 to date, or 4) If the lot is on the maps described in former Section 100-12, the nonconforming lot has been held in single and separate ownership from January 1, 1997 to date. Proof of Merger. The Town may require a person seeking determin- ation of merger to provide any or all of the following documents for evaluation: 1) Proof of the date when the lot was created and the size of the lot, together with a copy of a legal description of the parcel, all to the satisfaction of the Town; -2- 2) 3) 4) 5) A copy of the current tax .map and survey of the Jot; A copy of the original survey of the lot; A title search showing single and separate ownership of the prop- erty from July 1, 1983 to the present time, prepared by a Suffolk County title insurance company indemnifying the Town of Southold with $25,000 of insurance; Other additional information or documentation as may be deemed necessary. Effect of Merger. No building permit or other development entitlement will be issued by the Town until this section has been complied with. The Building Department will issue a written determination whether a property falls within an exemption to the merger provision. Section 100-26 (Waiver of Merger) is hereby adopted to read as follows: If a lot has merged, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and upon finding that: the waiver will not result in a significant increase in the density of the neighborhood; 2) the waiver would recognize a lot that is consistent with the size of lots in that neighborhood; 3) 4) the waiver will avoid economic hardship; the natural details and character of the and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. Section 100-244 (Setbacks for Nonconforming Lots) is hereby amended to read as follows: This subsection is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the Town under 100-24, are nonconforming and have not merged pursuant to 100-25. -3- B Such lot shall be required to meet the following: Yard Area Lot Fronl Side Both Sides Rear (sq. Ft.) Coverage (ft.) (ff.) (feet) (feet) 120,000 to 199.999 10% 75 30 60 85 100,000 to 119,999 10% 75 30 60 85 80,000 to 99,999 15% 60 30 60 85 40,000 to 79,999 20% 60 20 45 75 20,000 to 39,999 20% 40 15 35 50 Less than 20,000 20% 35 15 25 35 Section 100-244 C is hereby deleted in its entirety. Section 100-12 (Exceptions) is hereby deleted in its entirety, as of January 1, 1996. Section 100-32 (Bulk, area and parking regulations) is hereby deleted in its entirety. Section 100-281 A (7) (Building permits) is hereby deleted in its entirety. Bulk Schedule AA is hereby added to read as follows: A. Prior to Apdl 9, 1957 B. Between April 9, 1957 and December 1, 1971 C. Between Decem her 2, 1971 and June 30, 1983 II. Bulk Schedule AA Lot Size Width DeCh any any any 20,000 100 150 40,000 135 175 This Local Law shall take effect upon filing with the Secretary of State, -4- (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which ts not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. __.2__3_ ............................. of 19--9--5- of the (q~roQt~ ~'~ .g~ty:~}Crown)(Y, rl4kLg~ of .... _S._o..u_.t_h._o.[~ ............................................... was duly passed by the .... _T_ _o_ _w_ _n_ _ . _B_ p_a_ _r_ .d_ ......................... on .--!-1--/--2-8- ....... 19.9_.5_, in accordance with the applicable provisions of law. (,Va~e ol L~g~ztatlv¢ Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after disapproval) by the .................................................. and was deemed duly adopted on .................. 19 ...., in accordance with the applicable provisions of law. 3. (Final adopti.or} by referendum.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19-~; .... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted fEtecti,'e CMef Execudve Off~ctr*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on .................. 19---- , in accordance with the applicable provisions of law. , 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after (Name. of Leg~slari,,e Bad),) disapproval) by the .................................................. on .................. 19 .... Such local taw was subject to permissive referendum and no valid petition requesting such referendum was filed as of .................. 19--__ , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county.- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or villa§% or the supervisor ora town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 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 19 ...... of the City of ............................................. having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the aff'n-mative vote of a majority of the qualified electors of such city voting thereon at the (special~(general) election heldon ...... ~ ............19 ...., became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed, hereto, designated as local law No .................................... of 19 ...... of the County of .................................................... State of New York, having been submitted to the electors at the General Election of November ...................... 19 .... , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph ..... .I ..... , above. k o~l~ffCounV/{egis~a*i'ee body, City, Town or Villa~erk ~f of~ .ce.~.de~i~.naled by local legislative body' · ualtn l, Terry, Town Clerk (Seal) Date:. November 29, 1995 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) ,- STAT~ OF NEW SU ~OL~ COUNTY OF I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the IocaI~aw annexed hereto. Laury L.DoWd, Town Attorney Title ~ of Southold ']['own Date: November 29, 1995 (3) IN THE MATTER OF A PUBLIC HEARING SOUTHOLD TOWN BOARD NOVEMBER 28 1995 5:00 P.M PROPOSED '~LOCAL LAW IN RELATION TO LOT CREATION AND MERGER" Present: Supervisor Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Councilwoman Ruth D. Oliva Councilman Joseph L. Townsend, Jr. Justice Louisa P. Evans Town Clerk Judith T. Terry Town Attorney Laury L. Dowd COUNCILWOMAN OLIVA: "Public Notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the lU, th day of November, 1995, a Local Law entitled, "A Local Law in Relation to Lot Creation and Merger". Notice is further given that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law entitled, "A Local Law in Relation to Lot Creation and Merger" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-24 (Lot Creation) is hereby adopted to read as follows: A lot created by deed or town approval shall be recoqnized by the Town if any one of the followin,q standards apply and if the tots have not merqed: The identical lot was created by deed recorded in the Suffolk County Clerk's Office on or before June 30, 1983 and the lot conformed to the minimum lot requirement(s) set forth in Bulk Schedule AA as of the date of lot creation. 2.~ The lot(s) in question is/are approved by the Southold Town Planninq Board. pg 2 PH 3] The lot(s) in question is/are shown on a subdivision map approved by the Southold Town Board prior to June 30, 1983. 4_.). The tot(s1 in question is/are approved and/or recoqnized by formal action of the Board of Appeals orior to June 30, 1983. All lots which are not recoc!n zed by the Town pursuant to the abovn section shall not receive any buildinq permits or other development entitlements. C. All lots are subiect to the mer,qer provisions of 100-25. 2. Section I00-25 (Merger) is hereby adopted to read as follows: A. Merqer. A nonconforminq lot shall merqe with an adiacent conforminq or nonconforminq lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adiacent lot is one which abuts with the parcel for a common course of 50 feet or more in dis tance. Nonconforminq lots shall merqe until the total lot size conforms to the current bulk schedule requirements. Definitions. Common ownership shall mean that the parcel is held by the same person in the same percentaqe of ownership as an adioininq parcel. C. Exceptions. Lots which are recoqnized under Sec. 100-24 and meet any of the followinq cateqories shall be exempt from the merqer provision set forth above and shall not be deemed merqed by pperation of this taw: ' .1_] The nonconforminq tot has a minimum size of 40.000 square feet, o_r 2_.] The nonconforminq lot obtained a lot size variance from thn Zonin,q Board. or If the lot is not on the maps described in former Section 100-12, the nonconforminq lot has been held in sin,qle and separate ownership from July 1,1983 to date. 4_] If the lot is on the maps described in former Section 100-12, the nonconforminq lot has been held in sinqle and separate ownership from January 1, 1997 to date. pg 3 PH Proof of Merqer. The Town may require a person seekinq determin- ation of merqer to provide any or all of the followinq documents for evaluation: 1_~ Proof of the date when the lot was created and the size of the lot, toqether with a copy of a le,qal description of the parcel, all to the satisfaction of the Town; .2) A copy of the current tax map and survey of the lot; copy of the ori,qinal survey of the lot; A title search showinq sinqle and seoarate ownership of the prop- erty from July 1. 1983 to the present time, prepared by a Suffolk County title insurance company indemnifyinq the Town of Southold with $25.000 of insurance; 5_l Other additional information or documentation as may be deemed necessary. Effect of Mer.qer. No buildinq permit or other development entitlement will be issued by the Town until this section has been complied with. The Buitdinq Department will issue a written determination whether a property falls within an exemption to the merqer provision. 3. Section 100-26 (Waiver of Merger) is hereby adopted to read as follows: If a lot has mer.qed, the Zoninq Board of Appeals may waive the merqer and recoqnize oriqinal lot lines upon public hearinq and upon findinq that: 1_~ the waiver will not result in a siqnificant increase in the density of the neiqhborhood; '-2) the waiver would recoqnize a lot that is consistent with the size of lots in that nei.qhborhood; 3_1 the waiver will avoid economic hardship; 4~ the natural details and character of the and character of the contours and slopes of the lot will not be siqnificantly chan.qed or altered in any manner, and there will not be a substantial fillinq of land affectinq nearby environmental or flood areas. pg ~- PH 4. Section 100-244 (Setbacks for Nonconforming Lots) is hereby amended to read as follows: This subsection is intended to provide minimum' standards for granting of a building permit for the principal buildings of lots which are recoqnized by the Town under 100-24, are made nonconforming and have not merqed pursuant to 100-25 or ""'**~v, ,,,. .... .~'~ ,.;", ~," ~"*~'~,~,v cf Area (sq. ft.) 120,000 to 199,999 100,000 to 119,999 80,000 to 99,999 40,000 to 79,999 20,000 to 39,999 'fO,-'30O "'~"*;'~;'"'"+;'-'"' *~'"'* ..... *; ............ ,-* ............. ,4 bV ......... '~¢ Such lot shall b .... +"'~ '~':'~ ¢~'" ¢"""+ ~;'~'~ ':",4 .... '~ dim~n ~;o"s cs fciic';;s required to meet the followin,q: Yard Lot Front Side Both Sides Rear Coverage Width Delat~ (ft.) (ft.) (feet) (feet) 10% 7`5 30 80 8.5 10% 7_5 3o 6(3 8.5 15% 60 3(3 8(3 8.5 20% 8(3 2(3 4.5 7.5 20% 120 140 40 15 35 50 Less than 20,000 20% 80 100 35 15 25 35 ' pg 5 PH Section 100-12 (Exceptions) is hereby deleted in its entirety, as of January 1, 4996. ............ , ........... , ................. , ............. , eros e,=.-+~.-.,~ IV; ____, , , , , , ,,~ ....... , ............... =tots; e~...+;.-.,-. !; m .... ;'* Homos, ¢"'"+;'""' !f; Pccomc Section 100-32 (Bulk, area and parking regulations) is hereby deleted in its entirety: ........... ; ................................... c=m,o ............. tho o+,-, ,,.-*~`4 +k .......... ;,4,-,,4 ,~..-.+ +k ...... ; ..... +"' cf Co!utah ':ii of thu pg 6 PH O) (2) 983. r,,~..,, or: !983. pg 7 PH 7. Section 100-281 A (7) (Building permits) is hereby deleted in its entirety: (7) 8_= Bulk Schedule AA is hereby added to read as follows: Sulk Schedule AA Lot Size Width Depth A. Pdor to April 9, 1957 any any any B. Between Apdl 9, 1957 and 20,000 100 150 December 1, 1971 C. Between December 2. 1971 40,000 135 I75 and June 30, 1983 II. This Local Law shall take effect upon filing with the Secretary of State. * Underline represents additions. ** Strikethrough represents deletions. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: November 14, 1995. Judith T. Terry, Southold Town Clerk." TOWN ATTORNEY DOWD: A public hearing was held on this ordinance, a very similar version of this ordinance in June. Comments were received from Abigail Wickham, and Bill Gardner, and this ordinance has been revised to address their concerns. This Local Law is intended to address current problems in determining of lots for legally created, and if they can exist today as separate lots. The current law provides that non-cDnforming lots merge with certain exceptions, but neither Town staff nor local attorneys have clear guidelines as to which lots merge, which leaves property owners in a limbo. The proposed ordinance provides clear guidelines for lot creation, and lot merger. In particular, it provides that non-conforming lots merge until the lot is big enough to be conforming. There are four significant exceptions to this. No merger occurs if the non-conforming lot is one acre, or if the non-conforming lot has a lot sized variance from the Zoning Board. In the past certain subdivisions were on an exempt list, while other subdivision lots merged. This ordinance takes away that inequity. In other words, there will no longer be a grandfather list of lots to which this law doesn't apply, but recognizing from some of the comments that were made before, that this could work a hardship on some lot owners. This ordinance has revised to create a one year period in which lots, which are adjacent to pg 8 PH non-conforming could be placed in different names, so that they won't merge. So, any of these lots that were formally on the grandfather list have until January of 1997 to put the lots in separate names, if they don't want them to merge. We felt that these changes were significant enough to require an additional public hearing, so that's why we're having this today. COUNCILWOMAN OLIVA: I have two articles of correspondence. The one is from the Director of Planning. It says, Pursuant to the requirements of Section A 14-14 to 23 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. A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Stephen M. Jones, Director of Planning. I have another letter from the Planning Board to Thomas Wickham from Richard Ward, date November 21, 1995. The Planning Board joins me in urging the Town Board to adopt the proposed legislation in relation to lot creation and merger. The proposed legislation accomplishes something our current code does not. It outlines a clear-cut procedure whereby a lot is determined to be either merged or created. The proposed legislation represents a compromise approach that was worked out by several departments within Town Hall. In some instances it is more lenient than the current code in that it grandfathers or recognizes more lots. In other instances it is more demanding in that it sets forth a uniform review procedure for all affected lots. At present, there is no written procedure within the Code and due to differences in interpretation, varying procedures are followed by different departments when reviewing inquiries of this nature. We find this proposal to be an improvement over the current situation. That is the end of the correspondence. I have an affidavit that it has been posted on the Town Clerk's Bulletin Board, and an affidavit that this has been published in The Suffolk Times. SUPERVISOR WICKHAM: Thank you, Ruth. Would anyone in the audience like to address the Board on the subject of this public hearing? Mr. Gardner? WILLIAM GARDNER: I'm approaching the Board as an individual, not a member of an organization. If anybody would like to go ahead of me, because there are members of organizations. They have more effect than I will. No? Let me first ask a technical question, which you broached a little on one of your resolutions. I'm interested in knowing what the time period is between the time you put it in the papers, and the time you have the hearing? There must be some official period for that. TOWN CLERK TERRY: It must be at least five days. WILLIAM GARDINER: At least five days? At least this conforms to that. Just. TOWN CLERK TERRY: Yes, it does. pg 9 PH WILLIAM CARDNER: I was interested in your comments on what this did. My name is Bill Cardner, and I live on Nassau Point, Cutchogue. I'm here to make a personal statement on the second proposal on Local Law on Lot Creation and Merger. I do not represent any organization, but I must say some concerned landowners, knowing my interest in this matter, have contacted me, giving me their opinions, and asked me to keep them up to date. I try to do that. The time frame on this proposal is interesting, in that the B~,B work sessions, and hearings we had took about six months to go from scenario of right BF.B back to relatively no change from the previous legislation. Now, this lot creation and merger proposal is well on the way to an even longer gestation period. In the case of this latest proposal only one sentence has been changed or added from the original proposal in about six months, and frankly, I don't understand many provisions, and map references in the first proposal, but the new sense is beyond my understanding. It says, if the lot is on the maps described in former section so and so, that that section exempted fifty-three areas from the present legislation. Then a non-conforming lot can be held in single and separate ownership from January 1, 1997 to date. Can anyone tell me what this means to someone who owns a lot of lots, which are less than one acre in the previously exempted areas? I have watched the televised Town Board meetings, and read the local papers, and I~ve heard, and seen comments by some Board members, that this provision is going to take care of all the problems, but nobody explains how. The deletion of the exemptions on the first proposal have bothered me, and I have contacted various town departments as to what this means. About August 25th I told by an employee of the Planning Board, that on the next proposal the exemptions would be reinstated, and continued on a new legislation. Attorney Call Wickham, who was also interested in this proposal agrees that she had the same understanding that I have. Now the exemptions be still deleted in the new proposal, and can anyone tell me why this fllp-flopping continues, and what it all means to property owners? With fifty-three areas involved, and maybe, as a guess, ten and a half owners in each area with the problem, the proposed change is going to be of deep concern to about six hundred owners, if they hear about it, and understand. As you can see I have many questions, and a lack of understanding of what this legislation is about. I~m glad to hear Mr. Townsend said he got together with various town groups to get on the zoning. It's a good move. I had written to Mr. Wickham on June 29, 1995, and asked him to have a combined Planning Board, Zoning Board, and Assessors Office town forum, where all concerned could talk out of one bible, and hold seminars on the impact of this legislation. He answered my letter on July 20, 1995, four months ago, by saying it was a good idea, and he supports it. I have this letter from you, if anyone wants to review it. I have heard nothing of him since then. In my mind it all comes down to a few basics of honesty and economics. If an individual has purchased two, three or more adjourning lots in Southold, in good faith, gotten a valid deed, title insurance, and paid taxes on each lot for five, ten, twenty, thirty or more years, he should have the right to build on this land, and to sell off unneeded lots as he could individual stocks or bonds, which he also has in his retirement investment portfolio. How can this right be legally taken away? But, this proposal provides that is the lot is not recognized by the town, it shall not received any building permits, or other development entitlements. In other words, a long term owner could suffer the loss of the current value of the lot, plus all the taxes assessed and paid to pg 10 PH the town, in an amount that could total $150,000. Why should he have to pay lawyers' fees to try to establish or compromise on an investment he made for his future? It would appear that the Board thinks all problems have been solved. Maybe so, but I want some evidence that it is not being solved by tricky solutions, that can be overturned in a court of law. For example, I know that some feel that the problem can be solved by having adjourning oversized lots in the name of the husband, and the other lot in the wife's name. This is a gimmick which penalizes, and discriminates against joint ownership, living trust ownership, single man or woman, which some of them just thinks it's not legal. This law opens the door for many law suits against the town, because it discriminates against basic and historic law practices of recording ownership. It is evident to me that the Town Board has a long way to go in clearly understanding, and explaining to the citizens of Southold what all these words really mean. I hope that this Board as presently constituted will not take any precipitative action until all the citizens are given clear and detailed explanations along with numerous examples of possible actions. Don't dump this flawed legislation on the new administration. Thank you. SUPERVISOR WICKHAM: Thank you, Mr. Gardner. Let me just comment that I have to say, I'm pleased with your reference to speaking from one bible, as you put it. It's a pretty thick bible, our Town Code, and we have made an effort to get the Planning Board, the Zoning Board, Town Board, and all of the different agencies in the Town government concerned about land use, to speak in the same tongue, and from the same point of view. That's exactly what this is all about. You did ask an important question, and that basically is, what is the meaning of the change, that we have inserted here since the last time? I would llke to turn to our Town Attorney. If she can just summarize briefly exactly what this change does to the legislation. WILLIAM GARDNER: Can I make some comments after the explanation? SUPERVISOR WICKHAM: Sure. TOWN ATTORNEY DOWD: Admittedly this may not make the most sense the way it's written in 1995, but this law should be in effect in 1999, so referring from 1997 to date will make sense. What this law is supposed to do is that for those lots that are on the grandfather list, which is Section 100-1:2 of the Code, those lots will be exceptions, will continue to be exceptions to the merger law, if they're held in single and separate ownership after January of ~97. That gives you all of this upcoming year to put them in single and separate ownership, if it's the desire of the owners not to have the lots merged. So, that is what this section is intended to do. SUPERVISOR WICKHAM: Laury, there was a question, I think, that whether or not this step, that we're taking will stand a legal test, or would it be getting the Town into a problem of people who want to contest it? Do you want to comment on the legal strength of the document that we have before us? TOWN ATTORNEY DOWD: Yes. Merger laws (tape change.) SUPERVISOR WlGKHAM: Mr. Gardner, would you like to respond? pg 11 PH WILLIAM GARDNER: Yes. The thing that bothers me is, what you say transfer it to somebody else, that usually means a husband transferring it to a wife, so it's in two names. To me, that's a gimmick compared to somebody that can't do that, not just an unmarried person, a person that owns a living trust, his wife and he together, and the question of just a single person. That penalizes them. What do you do about that? SUPERVISOR WlCKHAM: Is it limited to spouses? TOWN ATTORNEY DOWD: It's not limited to spouses. The whole idea behind the merger law to buy into this philosophy, is that what we're talking about here is not every lot. It's only non-conforming lots. That means lots that are too small for the zone that they're in. The goal of the merger ordinance is to try to encourage lots to be the appropriate zone size, and so the idea is that it's not big enough for the zone, to try to encourage it by merging them if possible. So, that's the concept. That's the goal behind it. WILLIAM GARDNER: What if you have nobody to give them to, if you don't want to give up the lot? It's an investment in your retirement portfolio, and if you can't bind them, the Town's going to say you can't build, you can't do anything on that lot. Now, to me, that's just taking it over without paying. I think we're going to have a problem here. COUNCILMAN TOWNSEND: I~m hardly an expert on this thing, and I hope I don~t make a fool of myself, but to the best of my recollection many of these subdivisions that got these grandfather exceptions at the various changes of zone going back to 1970, when we had, you know, a County mandated upzoning to one acre, several subdivisions were exempted from that, and they were listed in those pages, that were referred to earlier. WILLIAM GARDNER: Nassau Point, for example. COUNCILMAN TOWNSEND: Nassau Point was one. There's a bunch of them. Other people were not so lucky. Anybody else that wasn't in one of these filed subdivisions were not exempted. I know the property that I own, for instance, the owner immediately prior to me was surprised that when the property was sold to me, that the lots had been merged. So, many, many people have had their property merged, because of that. The purpose of a upzoning is to increase the area that people build on. What we're trying to do is to make it so it's not an exercise in legal wizardry to figure out who has a merged lot, and who does not have a merge lot, and to sort of make the whole playing field level. On these filed subdivisions that got the exemption, now those people will have to develop, and take the other tack. It will create some problems, but it's always created problems whenever this has happened. This has always happened. It's happened over and over again. WILLIAM GARDNER: I have two lots, and I can't sell them, are you going to take the value of that lot away from me? COUNCILMAN TOWNSEND: It's happened to many, many people. I doubt if a solution can not be found. I feel that a solution can be found. WILLIAM GARDNER: That's what I say, you people make this law, but you don~t say how to do it. pg 12 PH SUPERVISOR WICKHAM: Let me just comment. If there is confusion, or a lack of clarity in this law, and they wish on the part of the landowner to protect his investment in various ways, I would advise the owner of the property to come in, and visit with the Supervisor, in the Supervlsor's Office, which is adjacent to the Town Attorney's Office, and I think the Town officials will make every effort to help owners of property to protect their investment. COUNCILMAN TOWNSEND: On Section 126 of the proposed law, waiver of merger is hereby adopted to read as follows, and then the Zoning Board of Appeals may waive the merger, and recognize original lot lines upon a public hearing, upon finding that the waiver will avoid economic hardship. So, those instances you=re talking about you do have a method of avoiding this. WILLIAM GARDNER: That's going to cost that owner money. COUNCILMAN TOWNSEND: Every time somebody now wants to have their lot un-merged, he has to go to the Zoning Board of Appeals. It will cost many more people much less money once we have this in the works. The reason we did this was to avoid everybody who got surprised by a lot merger, going to the Board of Appeals, and then getting a variance. You many have as many as 500 lots that may be affected by this, but there is going to be more that are affected in the reverse way, that this will correct. WILLIAM GARDNER: You had exemptions in this bill before, right? SUPERVISOR WlCKHAM: Yes. WILLIAM GARDNER: Did they have any affect in the past at all? Did they apply? I have two lots, and there's less than an acre on each, this exempts me from any problems. Now, you're taking that exemption away. SUPERVISOR WICKHAM: get an exemption. But, we're putting in place another mechanism to WILLIAM GARDNER: Like what, selling to your wife, or your son? COUNCILMAN TOWNSEND: Or a variance. WILLIAM GARDNER: That's a gimmick. SUPERVISOR WICKHAM: It's perfectly appropriate. WILLIAM GARDNER: I know, but it's a gimmick. SUPERVISOR WlCKHAM: Joe, did you want to comment on this? COUNCILMAN LIZEWSKI: I just wanted to say there's another side of this law that has me even more concerned, and thatls the creation of lots by deed, and it's way that most of the time people left their children land by deed, and the date is 19..on this, 1983, but deeding was never really a way to create lots, and I don~t know how many lots are really going to be created by this on the other side. This is a lot creation and merger law. It has some flaws on both sides of this, as far as llm concerned, but theyHI decree lots pg 13 PH by a deed before 1983. I don't know how many there are. I don't know how many numbers there are. This law has more than one side to it, and I'm concerned about how many lots will created, where they are, and was deeding lot size? I know farmers split big pieces of property in half by deed, fifty acres to one son, fifty acres to another. That's something that was done to sort of get away with problems with wills, and people knew what they had, but actually have lots created by deed, I don't think it was ever meant to have that done. So, there's other problems that I see with it besides the merger end of it. WILLIAM GARDNER: I don't understand what you're saying. Are you saying that this legislation will create that problem? COUNCILMAN LIZEWSKI: Yes, there are lots out there that were created by deed, and they will now become legal. They won't have to go through any planing process, or through any process at all. They will just be blessed as done. WILLIAM GARDINER: As long as they are more than an acre or more. COUNCILMAN LIZEWSKI: They have to meet some qualifications, but those things, most people when they have lots done, llke the lot that you're talking about, were created through a planning process. They were created through a subdivision process, and they demanded roads, and they had a lot of demands to them, and they were expensive to do. They are all lots out there that will be created now by deed just because they were left to somebody. I don't think it's good, because I know where they are, and I think you're giving something to somebody that probably never went through any procedure before to get them, so you're legalizing a lot of things that shouldn't be made legal. WILLIAM GARDNER: As I say, people have called me up because they noticed my interest in this. I had a telephone conversation with one last night, a single man well up in his sixties, I guess, and he's not married, and has no children. I don't know what he's going to do on this thing. He's concerned about it. He's mentioned suing. I don't know if he will, but he mentioned it. SUPERVISOR WlCKHAM: Why don~t you invite him to meet with the appropriate people in the Town here to deal with it. COUNCILMAN TOWNSEND: Zoning Board of Appeals. It certainly cost a lot less to file for a variance, than it does to sue. Let me make a comment to.. WILLIAM GARDNER: You don't know if you're going to get the variance, COUNCILMAN TOWNSEND: Well, the whole point of this thing is that all these we were giving variances llke hot cakes on this issue. In other words, if somebody complied, if it was in the character of the neighborhood, if the lot was the same size as all the neighbors, they were granted the lot. So, we were having these lengthy proceedings and hearings on case after case after case. That's why the Zoning Board of Appeals and the Planning Board requested that we do something like this, so we can eliminate a lot of the red tape. We are trying to eliminate governmental red tape, and make it pg 1~ PH easier for the people, the majority of the people, which have to go through it. Joe brought up one problem. Some of these lots are created by deed. The vast majority of those lots that were created by deed were created in the early seventies and before, when the Planning Board had no subdivision requirements. But, many of those lots are perfectly legal in the sense that they are the right size, and they would qualify for any subdivision. What we're doing is specifying guidelines, so they dontt have to go through the variance process, if they have a lot that would normally qualify. What we're trying to do is to reduce the red tape, not put people through hoops. However there are a few people, that you have mentioned, that were informed were on a exempt list, that the Board of Appeals had to search through ever time something came in that may be adversely affected to the degree that they have to get a variance. The overall result of this is the reduction of red tape, not an increase of red tape. WILLIAM GARDNER: Reduction of red tape for you, but not for the owner. SUPERVISOR WICKHAM: I would like to respond to Joe's comment, also. The purpose of the changes here are to help owners of property escape from what could be a Catch 22 situation. The provisions of the lot creation aspects of this law are to provide clear guidelines, so that when lots had been created by deed, and it was a fairly common practice in this town for lots to be created by deed, so once that is done those people who own the property will now have a clear say as to what they can or can't do with it. It doesn't mean that every lot that is created by deed automatically becomes a buildable lot. There are criteria, and in some cases they will, some case they won't according the criteria. So, I don't think, Joe, that this opens up a tremendous number of inappropriate lots for development. WILLIAM GARDNER: Will this affect four or five hundred lots on Nassau Point created by deed back in the 1920s? SUPERVISOR WICKHAM: I doubt..maybe some of them, but I doubt it if most of them would. COUNCILMAN TOWNSEND-' It doesn't matter because they have to conform. WILLIAM GARDNER: I know. That's what I'm saying, and you people are just saying, there's not going to be many, it's not going to be this, it's not going to be that. Don~t you know how many? Aren't you going to notify the people? SUPERVISOR WlCKHAM: We are not going to notify every conceivable person, who owns every conceivable lot of which there are probably thousands. In fact, I don~t think either they or we know every permutation, and combination of land holding in this town, who fall within this law. Are there other people in this audience, who would like to address the Board on this Lot Creation and Merger Ordinance? THOMAS SAMUELS; Thank you. I think Mr. Gardner has raised some issues, which really bears some examination. I~ve long been troubled. I~ve known about this for some time. I think you have to identify the areas that are going to be affected. It wasn't fifteen minutes ago that you passed a resolution requiring the notification of adjacent property owners, people pg 15 PH across the road, and everything else. I remember a piece of property I owned in Southampton, that was rezoned I was never even notified about. Apparently to some extent that's happening here. Give it some time. Identify it. The Planning Department should be, and the Assessors Office should be able to identify the properties that are affected. I think it's the fair way to go. I mean, Mr. Gardner has been concerned. Others have been concerned. Others have been concerned. People have mentioned it to me. I~m not opposed to it. I'm not in favor of it. I just don't know where the properties are that are affected. Thank you. COUNCILMAN TOWNSEND: The properties that are affected, that might possibly be affected adversely, are those properties on the exempt list. Those if there's not some sort of arrangement that can't be made, and to the degree that they will be adversely affected would be the fact that they might have to apply for a variance, if they don't conform to some economic hardship, those are the properties that will be affected. All the other areas will only be positively affected, in that they would get something now that they would get by right, that they previously had to get by variance, and that's the entire rest of the town. SUPERVISOR WICKHAM: I'd like to respond, also, to the question of where these place are. These lots extend from Laurel to Orient throughout the entire town. There is no one little segment of the town where they are important. Secondly, the question of holding on to this for a longer period of time. This is the second public hearing we've had on essentially the same thing. As Mr. Gardner commented we've been dealing with this for some number of months now. This Board, if anything, has the dubious recognition of moving very ponderously, and slowly, on many of these issue. THOMAS SAMUELS: I think probably, and certainly I'd agree with that, but again, identification of zoning issues, and essentially this is a zoning issue. That's the way I look at it, and the Town Attorney is absolutely correct when she says if you believe philosophically in what this is doing. The question I have is, does the Board agree philosophically on this question of property rights, which Mr. Gardner raised? And if it does, then it will certainly pass this ordinance, but I believe it's flawed in that the questions that Mr. Gardner asked at the last public hearing haven't apparently been answered. I haven't followed it as closely as he has quite frankly. I don't have any properties that are involved. A great many people don't. Unfortunately, a lot of people are going to find out that their property is affected. I know there's a variance procedure. I don't think it's a terrible burden for the Z.B.A. to look through the list of exempt properties. I really don't. I don't think it's a terrible burden for the Z.B.A. to make decisions. I really don't. I think they're probably one of the adept boards that we have in that they make decisions. I think you should map, or at least get some identification of what properties are affected, and let those people know. Thank you. COUNCILMAN TOWNSEND: The Z.B.A. was one of the main crafters of this. It was at their recommendations that we did this, and they have been a principal part of that. We felt that we did address, and as to your first point, we felt that we did address Mr. Gardner's concern to our sari sfaction. pg 16 PH SUPERVISOR WlCKHAM: Let me just canvas the Board. There's no reason why we couldn't ask the Assessors, or the Zoning Board, or other people to investigate what it would take to contact the people, that we think fall under this. We ask. I have no problem. If there's support for that on the Board we could ask the appropriate offices of the town to assessed, or their views of various parcels that they think fall under this law. COUNCILWOMAN OLIVA: I think they find it very difficult. I think that question was brought up, Tom, and except for the exempt list they really don't know some of these parcels that are out there. SUPERVISOR WlCKHAM: But, the exempt list is of some fifty-three different.. COUNCILWOMAN OLIVA: Right. and I think of our idea was to send out as many letters as we could to realtors, to property owners associations, anything like that to inform these people that they would have a year in which to change it. SUPERVISOR WlCKHAM: Why don~t we as a Board, if we do pass this, take out an advertisement, or have some other way.. COUNCILMAN TOWNSEND: Why don't we discuss it after the hearing? SUPERVISOR WlCKHAM: After this hearing, why don't we discuss other ways of communicating to the public the concerns that Mr. Gardner has expressed. Are there any other comments from the audience? WILLIAM GARDNER: I have one last thing. You provided one method of getting around this thing, and that's what it is, getting around it. Now, you had come up with other solutions, that would be satisfactory. Putting my son~s name, or my wife's name, or my daughter's name, that's a gimmick. There ought to be some way of doing it. Maybe I could use two names, William Gardner, William S. Gardner. Would that be satisfactory? SUPERVISOR WlCKHAM: There may be other solutions available within this law, that we can talk about. Are there other comments from the audience of people who would like to address the Board on this proposed Local Law? (No response.) If not, I declare the hearing closed. Judith T. Terry Southold Town Clerk Legals... (continued from previous page) Yard Area Lot Front Side Both Sides Rear (sq ft.) Coverage ............ ......... r"' (ft.) (fl.) (feet) (feet) 120 O00t~ 99,999 L~¢ 6O ~ ~. ~. 79 ~399_ ~ 60 20 ~ ~ (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval on or after May 20, 1983. (3) All lots sot off or 8reated by approval of tho Planning Board on or after May 20, 1983. D~. The bulk and parking requirements for two family dwellings sot forth in Column xii of tho Bulk~ Schedule and Parking Schedule incorporated - .into this chapter shall iapply to the following lots: (1) All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. ~ (2) All tots shown on ~najor subdivision maps upon which the Planning Board has held a lhearing for preliminary approval on or after May (3) All lots set off or (~reated by approval of the Planning Board on or after May 20, 198~3. Section 100-281 A (7) (Bdilding permits) is hereby deleted in its entirety: (7) An application for a building permit for construction on a vacant lot which is not on ar' approved subdivision map shall be accompan led by a certified ',lbstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. , Bulk Schedule AA is hereby added to read as follows: Bulk Schedule AA Lot Size A_~. Pdor to April 9. 1957 B.~. Between Apdl 9, 1957 and 20!000 December 1, 1971 C_~. Between December 2, 1971 40.000 and June 30, 1983 Width Depth any any 100 150 135 175 It. This Local Law shall take effect upon filing with the Secretary of State. * Underline represents additions. ** Strikethrough represents delelions. COUNTY ~"SUFFOLK STATE OF NEW YORK ss: DEADLI, N E DECEMBER131, 1996 The South°Id Town Lot CreatiOn and Merger Law became effective in :NOvember, 19:95: If YoU own more :than one underSized:lot, Consult your attOrney or the Southold Town Building Departmentto determine the legal status of your property. If changeS ~ fare ncessary, they must be made by 'December 31,1 996. , TOWN CLERK , TOwN:OF sOUTHoLD 5309'5 Main Road', S0utl~old, NY Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman 'once each week for successively, commencing on the ...... ../...S7........~. day 0f;~ ........ ~~ ....................... ,19...7....~. ...... Sworn to before me tNs ........................... day of Notary Public NOTARY PUBLIC, State of Ne~ Yor~ FREE Copy of New Law on Lot Creation and Merger The Town of Southold has adopted a neW law that applies to: · lots 'smaller than.-the zOning allows or · lOts that were nOt created by the town COUNTY OF SUFFOLK STATE OF NEW YORK,. ss: Joey Mac Lella'rl, being duly sworn, says that he is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suf- folk Count~; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each week for successively, comm~ng on the .....6 ....... 9..~..~. day of ............ ~, ....... ~...'.~ .................... ,~ ....... ................................. Sworn to before me this .......... ..~...~...~..... day of ........................ ~..~.~ ........................ ,~9..?..~ Notary Public EARBARA A. SCHNEIDER NgT[~RY ?U£!LIC, State of N~w York t~o, z,,gO~g46 qu::!;[!? in SufTolk County ~ G0mn,iosiOn ~pire$ ~'/.~V<~ Stop at Town Clerk's Office in ToWn Hall betWeen ~8 a.m. - 4-p.m. to pick up.copies of this local law lX-5/23 (109) W. S. Gardner P.O. Box 975 Vanston Road Cutchogue, N.Y. 11935 June 29,1995 M.ro Tho~aas H. Wick_ham Southold Town Supervisor Dear ¥~r., Wickham: Thank you for giving me the opportumity to speak at the PuLb!ic Hearing on the proposed "A Local Law in Relation to Lot Creation and Merger". I was sunazed at the few residents who attended this hearing and even more puzzled that only two of us - Ms. Wickham amid I spoke on the proposal. It only enforces my opinion that there is not sufficient understanding of the effects of t~his preposal by the property owners of Southold. Ms. ',~ici~ham suggested a grace period be allowed before tb2Ls legislation is adopted in order to explain this proposal to proper~ owners. I urged the same approach by suggesting that the Town actively make more information available and not to rush into enactment until the affected population a chance to respond. Recently, i have gone toTown Hall to ask questions and i visited the Planning Board and the Town Assessors office and would have liked to interview someone at the Building Office and the Zoning Board of Appeals. It has been difficult for me to obtain a clear understanding of the effects of this legislation and what actions property owners may take to protect themselves from the results of this enactment. I suggest that to explain this in the clearest manner possible, you could arrange for al! interested departments to get together and prepare a form of questions and answers which would cover various scenarios and problems giving answers on how they will be resolved. This could then be run as information in the local newspapers for the inz~)z~m- ation of everyone.. Also, I suggest that an open public seminar be held so t~mt all interested persons could attend and present their questions to a p~nel which would consist of members of all interested Town Departments. In this way we could have everyone speaking out of the same "Bible". I hope the Board will seriously consider ~his suggestion 'to avoid some property owners from a "rude awakening" and frustration on z~ture rea! estate transactions. Very truly yours, IN THE MATTER OF THE CREATION AND MERGER". SOUTHOLD TOWN BOARD JUNE 30, 1995 8:00 P.M. PROPOSED "LOCAL LAW IN RELATION TO LOT PFesent: Supervisor Thomas H. Wickham Councilman Joseph J. Lizewskl Councilwoman Alice J. Hussie Councilwoman Ruth D. Oliva Councilman Joseph L. Townsend, Jr. Justice Louisa P. Evans Town Clerk Judith T. Terry Town Atl[orney Laur¥ L. Dowd COUNCILWOMAN OLIVA: "Public Notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 30th day of May, 1995, a Local Law entitled, "A Local [.aw in Relation to Lot Creation and Merger". Notice is further given ~hat the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 27th day of June, 1995, at 8:00 P.M.,at which time all interested persons will be heard. This proposed "Local Law in Relation to Lot Creation and Merger" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapte~- 100 (Zoning) of the Code of the Town of Southold ~s hereby amended as follows: 1. Section 100-24 (Lot Creation) is hereby adopted to read as follows: A lot created bv deed or town approval shall be recoqnized bv the Town if any one of the: followinq standards apply and if the lots have not merqed: The identical lot was created by deed recorded in the Suffolk County Clerk's Office on or before June 30, 1983 and the lot conformed to the minimum lot requirement(st set forth in Bulk Schedule AA as of the date of lot creation. 2...~ The lot in question was approved by the Southold Town Plannin(3 Board. 3.~ The Iotfsl in question is/are shown on a subdivision map approved bv the Southold Town Board prior to June 30, 1983. pg 2 P.Ho 4_2 The lotfs) in question is/are approved and/or recoqnized by fon'nal action of the Board of AI2oeals prior to June 30, 1983. All lots which are not recoqnized by the Town pursuant to the abow~ section shall not receive any buildino 2ermits or other development entitlements. All lots are subject to the merqer prov sions of 100-25. 2. Section 100-25 (Merger) is hereby adopted to read as follows: Mer,qer. A nonconforminq lot shall merqe with an adjacent conforminq or nonconforminq lot which has been held in common ownership wiith the first lot at any time after July 1. 1983. An adiacent lot is one which abuts with the parcel for a common course of 50 feet or more in dis- tance, Nonconformina lots shall merqe until the total lot size conforms to the current bulk schedule reauirements. Definitions. Comrnon ownership shall mean that the parcel is held bv the same person in the same peroentac~e of ownership as an adioinin~ parcel. Exceptions, Lots which are recoanized under Sec. 100-24 and meet any of the followincl cateaories shall be exempt from the merqer provision set forth above and shall not be deemed merqed by operation of this law: The nonconforminq lot has a minimum size of 40,000 square feet, o_r The nonconforminq lot obtained a lot size variance from the Zoninq Board, or 3~ The nonconformine lot has been held in sinqle and separate ownership from July 1.1983 to date. Proof of Merqer. The Town may require a person seekinq determin- ation of merqer to provide any or all of the fotlowinq documents for evaluation: Proof of the date :when the lot was created and the size of the, lot. toqether with a coo¥ of a leqal description of the parcel, all to the satisfaction of the Town; pg 3 P.H. copy of the current tax map and survey of the lot: 3~ A copy of the oriainal survey of the lot; A title search showin¢~ sinale and separate ownership of the prop- ertv from July 1. 1983 to the present time, prepared by a Suffolk County title insurance company indemnifvina the Town of Southold with $25,000 of insurance: Other additional information or documentation as may be deecned necessary. Effect of Meraer. No buildinq permit or other development entitlement will be issued by the Town until this section has been complied with. The Buildina Department will issue a written determination whether a property falls within an exemption to the merqer provision. 3. Section 100-26 (Waiver of Merger) is hereby ad~pted to read as follows: If a lot has merqed, the Zonina Board of AI2oeals may waiver the merqer and recoqnize the oriainal lot lines upon public hearinq and upon a findin¢~ that: 1_). the waiver will not result in a sianificant increase in the density of the neiqhborhood: 2_~ the waiver would recoqnize a lot that is consistent with the size of lots in that neiahborhood: the waiver will avoid economic hardship. Section 100-244 (Setbacks for Nonconforming Lots) is hereby amended to read as follows: This subsection is intended to provide minimum standards for granting of a building permit for lots which are recoanized by the Town under 100-24, are ma~e nonconforming and have not mercled pursuant to 100-25 or continued in a state of nonconformanco by tho adoption of this Article and that were singly and separatoly owned as of the effective date of this Article. pg ~t P.H. Area (sq. ft.) 120,000 to 199,999 100,000 to 119,999 80,000 to gg,ggg 40,000 to 79.999 20,000 to 3g.9.99 Lessthan 20,000 A nonconforming lot separately owned and not adjoining any let or land in the same ownership at the cffcctive date of this Article and not adjoining any lot or land in the same ownership at any time subso quent to such date may bc used, or a building structure may be crec tod on such lot for use, in accordance with all tho other applicable provisions of this chapter, provided that proof of such separate owner ship is submitted in tho form of an abstract of title showing the changes of title to said lot; which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and ensure title to real property in Suffolk county and shall contain a certification that no contiguous property ,gas owned by an owner of the property involved since thc date of any previously applicable Zoning La',';. Such lot shall be granted relief for front side and rear yard dimon siena as follows reouired to meet the followinq: Yard Lot Front Side Both Sides Rear Coverage Width 9e¢~ (ft.) (ft.) (feet) (feet) 10% 7~5 3._.~0 80 8~5 10% 7_~5 3_~0 60 8~5 15 % 6_.~0 3_~0 8_.~0 8..~5 20% 8_~0 2_.~0 4~5 7~5 20% 120 140 40 15 35 50 20% 8~ 100 35 15 25 35 In the case of single and separate ownership of a 2onconformir, g lot located in a subdivision plat, approved after April 9, 1957', by the Planning Board of the Town of Southold and ,filed with the County Clerk of Suffolk County, relief for ail front, side and rear yard and r. troa dimensions shall be granted to the extent that such front, side and rear yard and area dimensions wore required at thc time the map was originally fitod with the County Clerk of Suffolk County. pg 5 P.H. 5. Section 100-12 (Exceptions) is hereby ~ in its entirety. All of the lots on the following subdivision maps shall be excepted from the k~ area and lot width requirements of this chapter, and thc lot arc, as and k~: widths applicablc to said lots shell bo as shown and designated on said e~bdivision maps: Groan Acres; Stratmors; Marion Manor, Cleaves Point, Section !1; Fordham Acres, Section !; Fordham Acres, Section Il; Storli!ng Homos; Eastern Shores, Section l; Eastern Shores, Section Ii; Eastern Shores, Section 111; Eestcm Shores, Section tV; Eastern Shores, Section V; Southold Shores; Sunny Shores; Moose Cove; Nassau Point; Deer Perk; Village Manor; G.I. Tuthill; Edgemcro P=rk; Willow Terrace; Soundcrest Woods; Gardincrs Bay Estates, Section I11; Harvest Homes, Section I; Bayview Woods Estates; Willow Point; Harbor Lights Estatcs, Section I; Terw Waters; Bay Haven; Corey Creek Estates; West Creek Estates; Northwoods; Vista Bluff; Jacksons Landing; Bennett's Pond; Rosewood Estates; Sunset Knolls, Section II; Smithfield Park; Paradise Point; Harbor Lights Estates, Section III; Highwood; Nunnakoma Waters; Yennecott Perk; Downsview; South Harbor Homes;-P¢conic Shores, Section 1; Pecenic Homes,; Section 1; Pc, conic Homes, Section II; Poconic Bay Oaks; Laurel Country Estetes; Odent by tho Sea, Section II; Cleaves Point, Section II1. Section 100-32 (Bulk, area and parking regulations) is hereby ¢:~Nete~ in its entirety: No building or premises shall be used and no building or part thereof shall bo erected or altered in the Agriculturai Conservation District and in the L-~ Density Residential R 80 District unless the sams conforms to tho ~'k Schedule and Parking Schedule incorporated into this chapter witlh the same force and effect as if such regulations wcre sot forth herein in full, as well as to tho following bulk and parking requirements: In tho cass of a lot hold in single and separate ownership prior to November 23, I971, and thereafter, with an area of less than forty thousand (40,000) square feet, a single family dwelling may bo con situated thereon, provided that tho requirements of Column vii of tho Bulk Schedule and tho Parking Schedule incorporated ',n this chapter are complied with. The bulk and parking requirements for single famiiy dwellings as sot forth in Column ii of the Bulk Schedule and the -Parking Schedule incorporated into this chapter shall apply to the following lots: pg 6 P.H. (1) All lots shown on major and minor subdivision maps which were §ranted final approval by the Planning Board prior to May 20, (2) · .. All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval prior to May 20, 1983. (-8-) All lots shown on minor subdivision maps that have been granted sketch plan approval by the Planning Board prior to May 20, 1(,}83. (4} All lots set off or created by approval of the Planning Board subsequent to November 23, 1971, and prior to May 20, 1983. The bulk and parking requirements for single family dwellings set forth in Columns i and iii of the Bulk Schedule and Parking Schedule incorporated into this chapter shall apply to tho following lots: All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. All lots shown on major subdivision maps upon which the Planning Board has hold a hearing for preliminary map approval on or after May 20, 1983. All lots set off or created by approval of the Planning Bo~rd on or after May 20, '1983. The bulk and parking requirements for t,~o family dwellings sot forth in Column xii of tho Bull( Schedule and Parking Schedule incorporat[:d into this chapter shall apply to the following lots: All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. All lots shown on major subdivision maps upon ,which the Planning Board has held a hearing for preliminary approval on or after lVlay on 1983. All lots sot off or created by approval of the Planning Board on or after May 20, !983. ~ pg 7 P.H. 7. Section 100-281 A (7) (Building permits) is hereby ~elete~ in its entire'b/: (7) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompan led by = certified abstract of title issued by a title company which shall show single and seporate ownership of the entire lot prior to April 9, 1957, 8~ Bulk Schedule AA is hereby added to read as follows: Bulk Schedule AA Lot, Size Width Depth A.~. Prior to Ardl 9, 1957 any any any B.~. Between Aodl 9, 1957 and December 1, 1971 20,000 100 150 C_~. Between December 2. 1971 40,000 135 17.~5 and June 30. 1983 II. This Local Law shall take effect upon iris filing with the Secretary of State. * Under~ine represents additions. ** Strikethrough represents deletions. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: June 13, 1995. Judith T. Terry, Southold Town Clerk." I do have certificates that the law was posted on the Soutlhold Town Clerk's Bulletin Board, and an affidavit of publication in The Suft"olk Times. We have just two correspondence, Pursuant tot he requirements of Section A 1~-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted 1~o 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, Slbephen M. Jones, Director of Planning. From our own Planning Board we have,, Dear Mrs. Terry. The Planning Board has reviewed the proposed legislation pertaining t,o Lot Creation and Merger and finds that it is in support of the legislation as it is written. However, the Planning Board also suggests the following changes that it feels should be made to the proposal before it is adopted. 2. Section 100-25 (Merger) B. In regard to common ownership, the definition could be changed to eliminate the wording in reference to the same percentage of ownership. The Board feels that, from a technical standpoint, it will be an additional, difficult review step to determine the percentage of ownership. One of the primary intents of this draft legislation was to streamline the review to the extent possible without compromising purpose of review. Requiring this level of detail will represent a significant cost of time and' money by the applicants and the Town. Additional changes that should be made to the Town Code if the proposed legislation is adopted. 100-281 (;7) Building Permits. This section cc, nflicts pg 8 P.H. with the proposed legislation and should be eliminated. Sincerely, Richard C. Ward, Chairman. No further communications. SUPERVISOR WICKHAM: This is one of the more complicated Local Laws, that the Board has attempted. It was initiated by our Town Attorney in association with several of the different offices of town government. W,e have the Building Department, the Planning Board, the Zoning Board, the Town Board, all getting together to try to treat the issue of merger and creation of lots, particularly small lots, in a common way, so that we can deal in one manner So the public. I wonder if I could ask the Town Attorney to cut through a lot of the legal language, that's in this Code, but just present briefly what we're trying to do, and why, and the summary of it. TOWN ATTC)RNEY DOWD: The purpose of this legislation is to fill a sort of a black hole in it's existing Town Law, as regards to two aspects of lots. One is, wa:~ your lot every validly created, or was it created sort of by an informal process, that means that it will not be recognized? We haven't had clear rules on that, and so for a long time, for example, people were just deeding off lots, and not going through any formal subdivision process. This is going to create some uniform rules, that will treat all these kind of situations fairly, and hopefully, equitable. What wefve decided is, that if your lot was created for example by deed before 1983, we will recognize it. It was a common practice before 1983, to do that without going through the formal procedures. After 1983 we feel that everybody was sophisticated enough to know that you had to go through the subdivision process. Therefore we are not going to create recognized lots that were created by deed after 1983. Then, of course, any lot that has been approved by the Town Board, Planning Board, Zoning Board, as a legally created lot we're going to recognize. So, that's one aspect, was your lot ever 'validly created? The question, that this is intended to address is, if your lot was validly created, but because of zoning it's become a non-conforming lot, which mean:~ it's not as big as the zone requires a lot to be. Then this talks about what happens if you hap:pen to own two of these nonconformln, g lots next to each other. The idea behind this is that non-conforming lot.% lots that are srnaller than the zoning allows are not really desirable. That we'd llke to have everybody up to the zoning. That's why the Town Board felt it was appropriate to put in that zoning. So, the tendency is that if you have non-conforming lots they merge until they become big enough to conform to the zone. floweret, we recognize that this would create a hardship, so we put in some safeguards, or safety valves, to protect people. One is that, any lot that's bigger than forty thousand square feet, we're saying it's not going to merge. Itfs big enough, we can live with it. If the non-conforming lot got some kind of lot size variance from the Zoning Board of Appeals, we're going to recognize it's not going to merge. Finally, and this is kind of obvious, but it's always worth saying even the obvious, if one Io[ is held in a different name from a secon!d lot, and they're both non-conforming.~ they don't merge unless they're held: in the same ownership. You can't merge it with somebody, you know, who holds a lot in a different name. So, this law is intended to address these kinds of issues in a uniform way, that has not really been the way that it has. been working in the past, and so we think that this way everybody can have some clarity as to what the status of their lot is. This has a couple of Other minor points. I'll just touch on them briefly. As another safety valveI the Zoning Board is able to waive mergers, if the waiw.~r would result in a significant increase in the density of the pg 9 P.H. neighborhood, and is consistent with the size of other lots in the neighborhood. So, there's a safety valve there, if you had never meant these lots of merge, and it's going to create a terrible hardship, you can go to the Zoning Board, and they can decide, oh yes, I guess it doesn't really merge after all. One other safeguard we try to build in was that in terms a lot creation. As I said, if this lot was created by deed before 1983, we're going to recognize (tape change) SUPERVISOP, WICKHAM: This is a hearing. We're here to listen to what people in the audience wish to inform the Board about. May I ask each speaker to keep his or his comments within ten minutes. Would anyone else to address the Board? ABIGAIL WlCKHAM: Good evening. My name is Abigail Wickham. I~d like to, first of all,, just recognize the tremendous effort that obviously went into the drafting of this legislation. It's certainly an area of the Code that's crying out 'for some reform. ~ have a few substantive and technical comments, which, I hope will be instructive. I~d like start with the substantive comments. On Section 100-2u, A, Lot Creation, I'm troubled by the words, if the lots have not merged, and I'm not sure that this should really be a criteria at this point, particularly as to those lots which now fall within Section ~00.-12, which is being deleted, or which were approved at: some point by the Planning Board, as set forth in Subsection two, three and four of this sect[ion. The non-merge:r provision automatically apply only to lots over 40,000 square feet, and Um not suggesting that you approve postage stamp or very small lots, but I do think the law is a little erroneous in that respect, as drafted. Anyone with concerns about size of lots with respect to water quality and sewerage should be advised that actually the Health Department sometimes hals more control over these types of density issues, than the Town does in many, many respects. That's something that they should keep a very careful eye on. My second point in that same section 100-2~B is l[he language all lots which are not recognized as above shall not receive any building permits, or other development ent|~.lements. That almost sounds Hke you are not permitting a variance application. I know you do have variance application further back, but the Board of Appeals or someone could read 'that very narrowly, and I think that language maybe needs to be clarified. IVly third comment has to do with the elimination of 100-12. I~m relating back to my prior comment before, but my main point here, and this is one of the major points I'd tike to make, is I think that this will take a lot of people by surprise. This law has just been advertised. I don't know how many people know about it, and we need some form of grace period. I don't know how many people are here from Nassau Point, but this is really going to have a major impact on a lot of areas that are currently exempted under 100=12. I'd ask the Board to consider, while the law does go into effect immediately, allowing a three month, or some period of grace period, for people to be able to react tO this law. My next point, and again this is the second important point I want to make, is the bulk schedule AA. I feel very strongly that this is an arbitrary schedule which cuts off many' lots, which conformed when they were created, but not others. It draws a line, and I'm not sure that it's a fair' line. It's discriminatory, I think, to many lots which were created by deedI, or otherwise, in accordance with standards that were permitted at the tiime. Again, it's not clear that ther'e~s a provision for a variance there. I think that needs to be addressed. Those are my substantive comments, and I'd just like to make a couple of technical pg '~0 P.H,, notes, if I may. On Section 100-25, the merger section. The last sentence non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. I think that's an excellent idea, because now the whole thing would merge, but I'm not sure what it means, whether you have three lots you can pick two that merge, and one that doesn't. I'm not sure really how that would work in practice. 125-B with deference to the Planning Board comments I thought that that language about the same percentage of ownership was one of the more brilliant parts of this legislation. I really think it's a good idea. I think this is an excellent provision. J think the word held by the same person should be persons, but I would strongly urge the Board in that direction, to keep that language in there. On Section D and E of that section, in section D, proof of merger, you state ti~e Town may require proof of certain things, and then E says no building permit will be issued until this section has been complied with. There coulcl be some..certainly in the Building Department about wlhether they may or have to deny a building permit under certain circumstances, and on Section C a copy of an original survey of that lot. I don't, know what that means, original survey, whether you mean a original plan, or do you mean any survey that was made of that lot. So, again, my main comment is, first of all, that the grace period should be provided in order to comply with lots, that otherwise would i be not exempted under this language, and number two, that the bulk schedule AA be examined. SUPERVISOR WICKHAM: Thank, you. Would anyone else llke to address the Board on this rather complicated piece of legislation? BILL GARDINER: My name is Bill Gardiner, and I live in Cutchogue on Nassau Point. Since 1967 when I bought my lot, built my present home, I have appeared many times before your Board, the Board of Appeals, and the Board of Trustees, on matters which have affected me personally,, and others, which did not effect me, but which had an important effect on residents of' Southold, and Nasisau Point. Recently, I presented to your Board my objections to reducing the requirements for establishing B&B's. I was very pleased when you reconsidered your proposal, and basically' kept the old restrictions, and based on all the bad publicity on these establishments in residential zohes, you even tightened the requirements. Tonight ~m here to make some comments on your proposed Local Law in Relation to Lot Creation and Merger. Now, I think everybody here tonight, and there's not too many here, !has seen and felt that this thing is a very complicated matter, and I doubt that many people in this town understand it. Without a !great education and! knowledge on the present, and what is proposed in this complicated le~aislatlon, I believe the average resident in Southold will have no understariding of how this legislation could seriously harm their t[inancial planning and status. I thank Ms. Wickham on points of excellence. She mentioned Nassa~J Point, and many points that J agree on. This is corr~plicated procedure, land if you throw it at people they're not going to understand it. They're inot going to get a chance to comment on it. In general iii proposes that adjoihing lots held by one owner, and in the case of Nassau Point, encompassing less than one acre will be merged, will not be eligible for a building permit Without permission of the Zoning Board of Appeals. In speaking to Miss Splro, who prepared this proposed legislation, she told me that while the present law in general had carried the same restrictions, that in general, the law has not been clear, and this proposal is to tighten and enforce it~ which would result in my opinion, to pg ~1 P.H.. the detriment of many. Under the old law, I believe Nassau Point was excused from these requirements. Nassau Point was subdivided before 1920, and the lot map was filed in the Suffolk County Clerk's Office, and all the individual lots are shown on the County Tax Maps. Owners, and prospective owners have relied on these maps. I have registered my objections te Miss. Splro, and the probable results of this proposed legislations and how it could affect present, and future property owners. Her comment was, let the buyer beware. I dare say, that very few residents are aware of this proposal, and have not be warned of the impact. For anyone to beware they have to be aware of the problem. I feel strongly that this Board has responsibility to publicize the details of this proposal, so that all present and future owners are made aware of it's affect on them, and given a chance to raise their objections. This proposed legislation should not be another B&B proposal which eliminated any Board review. It should receive the complete light of any of the day, give everyone chance to comment on all unfavorable aspects. I ask the Board to actively make more information available or) this complicated proposal, and not to rush into factions until the effected population has a chance to respond. Thank you. SUPERVISOR WICKHAM: Thank you. Would anyone else llke to address the Board on tl"~e matter of this public hearing? (No response.) If not, I cleclare this hearing closed. 'Judith T. Terry 6/ $outhold Town Clerk STATE OFNEW YORV ~ SS: COUNTY OF SUFFOLK ) of in said County, being duly sworn, says flu Principal Clerk of THE SUFFOLK TIME& Newspaper, published at Mattituck, in ~ Southold, County of Suffolk and State of and that the Notice of which the and printed copy, has been regularly publis_i Newspaper once each week for _ succ__esslvely, commencing on the c~ 9_q5 LEGAL NOTICE · .- NOTICE OF ~ l~than PIOELICH~ARING 20,000 . 20~ g~ ~ 35 15 25 ~5 ' ~ L~AL LAW ' ' ~. In ~o 0~ of 0~o ~d 0o~c dvm0~hip of a no~onfo~ing ~t~d PUBLIC NO~ IS ~REBY GI~N that thee ~s been prcse~cd tothe Town ~d of the To~ ~ SoumoM,:g~fo~ Coumy. New Yo~, on ~ M~ : m ~o oxmnt ~t o~h ~nt, mdg ~ r~ y~d ~ a~ ~mon0~ ~rc NO~CE ~ ~R. , GIVEN ~at th~ Town Boa~ of ~e ~_ of So.old < . ~8~t~ ~ ~y-of the lot: ~lu~ i ~d:iii of ~o g~,~ulo and P~ ~hodulc i~o~md ~ AB lpt; ahovm on ~o~ oub~N~on ~a~'~poa xx~ tho ~nnning ~ fot~w~ ~ v~ieh ~ net on ~ app~/~ g~N~on m~ 0~11 ho ~o~pani~ ~d a Z ~gd ~:~ea tee f6116~ : ' 8377- ITIu22 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JUDITH T. TERRY,; Town Clerk of the Town of Southold, New York, bein,g duly sworn, says:that on the 16th day of June 1995, 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 C~unty, New York, to wit: To~vn Clerk's Bulletin Board, Southold Town Hall, Main Road, Southold, New York 11971. Legal Notice, Notice of Public Hearing on "A Local Law in Relation to Lot Creation and Merger", 8:00 P.M., Tuesday, June 27, 1995, Southold Town Hall. Sworn to before me this 16thday of June ,i 1995. Pubi~ Judith T. Te~"~y / Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC flEARING ON LOCAL LAW PUBLIC NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 30th day of May, 1995, a Local Law entitled, "A Local Law in Relation to [~t Creation and ~erger". NOTICE IS FURTHER GIVEN that the Town Board of the Town of Sou'[hold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, lqew York, on the 27th day of JUne. 1995. at 8:00 Pil~., at which time all interested persons will be heard. This proposed "Local Law in Relation to Lot Creation and Merger" reacls as follows: BE IT ENACTED, by the ToWn Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-24 (Lo! Creation) is hereby adopted to read as follows: A lot created by deed or town approval shall be recoclnized by the Town if any one of the followinc~ standards apply and if the lots have not mer.~ed: The identiCal lot was created by deed recorded in the Suffolk County Clerk's Office on or before June 30, 1983 and the lot conformedito the minimum lot recluirement(s) set forth in Bulk Schedule AA as of the date of lot creation. The lot in guestion was approved by the Southold Town Plannina Board. The lot(s) lin cluestion is/are shown on a subdivision map approved bv the Sou~hold Town Board prior to June 30, 1983. 4_). The lot(s) lin cluestion is/are approved and/or recoclnized bv formal action of the Board of Appeals prior to June 30, 1983. All lots which are not recoclnized by the Town pursuant to tlhe above section shall not receive any buildincl permits or other development entitlements. C__~. All lots are sul:iject to the mercier provisions of 100-25. 2. Section 100-25 (Mbrger) is hereby adopted to read as follows: Mer,qer. A nodconforminq lot shall merqe with an adiacent conformina or nonconformina tot Which has been held in common ownership with the first lot at ~ny time after July t, 1983. An adiacent tot is one which abuts with the 3arcet for a common course of 50 feet or more in dis- tance. Noncon-'ormincl lots shall mercle until the total lot sizes conforms to the current bulk schedule recluirements. Pagle 2 - Legal ~ .ice - Lot Creation & Merger Definitions. Common ownership shall mean that the parcel is held by the same person in the same percenta.qe of ownership as an adioinin.q parcel. Exceptions. Lots which are recoqnized under Sec. 100-24 and meet any of the following cateqories shall be exempt from the merqer provision set forth above and shall not be deemed merqed by operation of this law: The nonconforminq lot has a minimum size of 40,000 souare feet, P.Z The noncorlformin~ lot obtained a lot size variance from the Zoning Board, or The nonconforminq lot has been held in sinale and separate ownership from July 1.1983 to date. Proof of Meraer~ The Town may reauire a person seekina determin- ation of merqer to provide any or all of the following documents for evaluation: ~ Proof of thel date when the lot was created and the size of the lot, together with a copy of a leqal description of the 12arcel, all to the satisfaction iof the Town; 2_). A copy of thee current tax map and survey of the lot; 3_) A copy of the oriqinal survey of the lot; A title search showina sinale and separate ownership of the prop- ertv from Juiv 1. 1983 to the present time, prepared by a Suffolk County title !insurance company indemnifyinq the Town of Southold wilh $25.000 of insurance; 5) Other additional information or documentation as may be deemed necessary.. E__= Effect of Merqer' No buildinq permit or other development entitlement will be issued by the Town until this section has been compli~,-,d with. The Buildincl De2artment will issue a written determination whether a property falls within an exempt on to th~ merger prov sion Section 100-26 (Walver of Merger) is hereby adopted to read as follows: A._= If a lot has merqed, the Zoninq Board of Appeals may waiver' the merqer and rec0an ze the or q na pt lines upon pub ic hearinq and upon a findinq tl~at: ~ the waiver will not result in a siqnificant increase in the density of the neiclhborhood; 2_) the waiver ,,~ould recoqnize a lot that is consistent with the size of lots in that r~eiqhborhood: the waiver ~ 411 avoid economic hardship. Page 3 - Legal [4 =e - Lot Creation ¢, Merger Section 100-244 (Setbacks for Nonconforming Lots) is hereby amended to read as follows: This subsection is intended to provide minimum standard.~ for granting of a building permit for lots which are recoqnized by the Town under 100-24, are made nonconforming and have not merqed pursuant to 100-25 or continued in a state of nonconformance by tho adoption of this Article and that wore singly and separately owned as of the effective dare'of this Article. A nonconforming lot separately owned and not adjoining any lot or land in tho same ownership at the effective date of this Article and not adjoining any ilot or land in the same ownership at any time subse quent to suchldate may be used, or a building structure may be orec ted on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such scp.'-irate owner ship is submitted in the form of an abstract of title showing the changes of t fie to said lot; which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and ensure titl. e to real property in Suffolk county and shall contain a certification that no contiguous property was owned by an ,owner of tho property involved since the date of any previously applicable Zoning La'.;'. Such lot ~hall be granted relief for front side and rear yard dimen sions as follows required to meet the fotlowinq: Area Lot (sq, ft.) Coverage 12(],,000 to 19g,,999 10% 1__0(],,000 to 80.000 to 99,999 15% 40,1300 to 79,9g__~9 20% 20,000 to 39,999 4O,0OO Less than 20,g00 Yard Front Side Both Sides Rear W!dt~ Del)th (ff.) (ff.) (feet) (feet) 7_~5 3~0 6_~0 8..~5 7-5 30 e.._~o 8_~5 e_.0 3o 6o s~ 6_Qo 2o 4--5 7-5 20% 120 140 40 15 35 50 20% 80 100 35 15 25 35 In the case oflsingle and separate ownership of a nonconforming lot located in a subdivision plat, approved after April 9, 1957, by the Planning Board of the Town of Southold and filed with the County Clerk of Suffolk County, relief for all front, side and rear yard and area dimensions st~all bo granted to the extent that such front, side and rear yard and areq dimensions were required at the time tho map was originally filed with the County Clerk of Suffolk County. 5. Section 100-12 (Exceptions) is hereby deleted in its entirety. All of thc lots on tl~e following subdivision maps shall be excepted from the lot area and lot wiUth requirements of this chapter, and tho lot areas and lot widths applical~le to said lots shall be as shown and designated on said subdivision maps:I Green Acres; Stratmors; MarioR Manor; Cleaves Point, Section II; Fordharn Acres, Section I; Fordham Acres, Section II; Stoding Homes; Eastern Shores, Section I; Eastern Shores, Section II; Eastern Shores, Section I1!; Eastern Shores, Section IV; Eastern Shores, Section I Page 4 - Legal N .ice -Lot Creation & Merger V; Southold Shores; Sunny Shores; Moose Cove; Nassau Point; Deer Park; Village Manor; G.I. Tuthill; Edgemere-Park; Willow Terrace; Soundcrest Woods; Gardiners Bay Estates, Section II1; Harvest Homes, Section I; Bayview Woods Estates; Willow Point; Harbor Lights Estates, Section I; Terry Waters; Bay Haven; Corey Creel< Estates; West Creek Estates; NorthwOods; Vista Bluff; Jacksens Landing; Bennett's Pond; Rosewood Estafos; Sunset Knolls, Section I1; Smithfield Park; Paradise Point; Harbor Lights Estates, Section III; Highwood; Nunnakoma Waters; Yennecott Park; Downsview; South Harbor Homes; Peconic Shores, Section I; Peconic Homos, Section I; Peconic Hemes, Section II;-peconic Bay Oaks; Laurel Country Estates; Orient by the Sea, Section II; Cleaves Point, Section 111. Section 100-32 (Bulk, area and parking regulations) is hereby ~ in its entirety: No building or premises shall be used and no building or part thereof shall be erected or altered in the Agricultural Conservation District and in the Low Density Residential R 80 District unless tho same conforms to tho Bulk Schedule and-Parking Schedule inoorporatod into this chapter with the same force and effect as if such regulations were set forth herein in full, as well as to the following bulk and parking requirements:: In tho case of a lot held in single and separate ownership prior to November 23, 1971, and thereafter, with an area of less than forty thousand (40,000) square feet, a single family dwelling may be con structed thereon, provided that the roquircments of Column vii of the Bulk Schedule and the Parking Schedule incorporated in this chapter are complied ~with. The bulk and parking requirements for single family dwellings as set forth in Column ii of the Bulk Schedule and the Parking Schedule i~corporated into this chapter shall apply to the following lots: All lots shown on major and minor subdivision maps which were granted final approval by tho Planning Board prior to May 20, All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval prior to May 20, 1983. All lots shown on minor subdivision maps that have been granted sketch plan approval by tho Planning Board prior to May 20, 1983. (4-). All lots set off or created by 'approval of the Planning Board subsequent to November 23, 1971, and prior to May 20, 1983. ¢~. Tho bulk and parking requirements for single family dwellings set forth in Columns i and iii of tho Bull< Schedule and Parking Schedule incorporated into this chapter shall apply to thc following lots: ,L-!--) All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. Page 5 - Legal i~' ce - Lot Creation & Merger (-2-) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval on or after May 20, 1983. All lots set off or created by approval of the Planning Board on or after May 20, 1983. Tho bulk and parking requirements for two family dwcllings sot forth in Column xii of the Bulk Schedule and Parking Schedule incorporated into this chapter shall apply to the following lots: All lots shown on minor subdivision maps which have boon granted sketch plan approval by the Planning Board on or after May 20, 1983. Ail lets shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary approval on or after May All lots set~off or created by approval of the Planning Board on or after May 20, 1983. 7. Section 100-281 A(7) (Building permits) is hereby ~ in its entirety: (7) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompan led by a certified abstract of title issued by a title company which shall sho~ single and separate ownership of the entire lot prior to April 9, 1957. 8~ Bulk Schedule AA is hereby added to read as follows: A._~ Prior to ADdl 9, 1957 B_.~ Between April 9, 1957 and December 1,197t Between December 2, 1971 and June 30, 1983 Bulk Schedule AA Lot Size Width Depth any any any 20,000 100 I50 40,000 135 175 II.This Local Law shall take effect upon filing with the Secretary of Sta~te. * Underline represents additions. ** Strikethrough represents deletions. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons d¢ring business hours. Dated: June 13, 1995. JUDITH T. TERRY SOUTHOLD TOWN CLERK Page 6 - Legal N ~¢e - Lot Creation & Merger PLEASE PUBLISH ON JUNE 22. 1995, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO jUDITH TERRY, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Boarc~ Members Town Attorney Southold Town Plantin9 Board Southold Town Board of Appeals Southold Town Buil~ling Department Town Clerk's Bulletin Board LEGAL NOTICE NOTICE OF PUBLIC HEARING ON LOCAL LAW PUBLIC NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 30th day of May, 1995, a Local Law entitled, "A Local Law i]~ Relation to Lot Creation and g~erger". NOTICE IS FURTNER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local L~,w at the Southold Town Hall, Main Road, Southold, i'~ew York, on the 27th day of JUne, 1995, at 8:00 P.I~i., at which time all interested persons will be heard,, This proposed "Local Law in Relation to Lot Creation and Merger" reads as. follows: BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-24 (LOt Creation) is hereby adopted to read as follows: A lot created by deed or town approval shall be reco~lnized by the Town if any one of the followinq standards apply and if the lots have not mer.qed: The identical lot was created by deed recorded in the Suffolk County Clerk's Office on or before June 30, 1983 and the lot conformed to the minimum lot requirement(s) set forth in Bulk Schedule AA as of the date of lot creation. The lot in question was approved bv the Southold Town Planninq Board. 3~ The lot(s) in question is/are shown on a subdivision map approved by the Southold Town Board prior to June 30, 1983. 4_1 The lot(s) in question is/are approved and/or reco~nize¢l by formal action of the Board of Appeals prior to June 30, 1983. All lots which are not recoqnized bv the Town pursuant to the above section shall not receive any building permits or other development entitlements. C_~. All lots are subject to the mer~er provisions of 100-25. 2. Section 100-25 (Merger) is hereby adopted to read as follows: Mer.qer. A nonconformin~ lot shall mer.qe with an adjacent conforminq or nonconforminq lot ~vhich has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of 50 feet or more in dis- tance. Nonconformina lots shall merae until the total lot size conforms to the current bulk schedule requirements. Page 2 - Legal Notice - Lot Creation ~, Merger Definitions. Common ownership shali mean that the parco! is he~d b.¥ the same person in the same percentacle of ownership as an a~ parcel. Exceptions. Lots which are recoqnized under Sec. 100-24 and meek any of the followinq categories shall be exempt from the provision set forth above and shall not be deemed merged operation of this law: 1_) The nonconforminq lot has a minimum size of 40,000 s-~ua,~e feet. o~ 2_) The nonconforming lot obtained a tot size variance from ~_~ Zoning Board, or 3_). The nonconforming lot has been held in single and separate ownership from July 1,1983 to date. Proof of Merqer. The Town may require a person seekinq determin- ation of merqer to provide any or all of the followina documents fo,~ evaluation: Proof of the date when the lot was created and the size of the iot, together with a copy of a leqal description of the parcel, oil f.o the satisfaction of the Town; 2_3 A copy of the current tax map and survey of ,h~ ,o,. 3_)_ A copy of the oriclinal survey of the lot; A title search showina sinale and separate ownership of the prop~ erty from July 1, 1983 to the present time, prepared by a County title insurance company indemnifying the To~vn of Southold with $25,000 of insurance; 5_l Other additional information or documentation as may be deemed necessary. ~ Effect of Merger. No buildinq permit or other development entitlement will be issued by the Town until this section has been complied with,. The Building Depadment will issue a written determination whether a property falls within an exemption to the meEger provision. 3. Section 100-26 (Waiver of Merger) is hereby adopted to read as fotlows: If a lot has meroed, the Zoninq Board of Appeals may waiver the merqer and reco.qnize the oriqinal lot lines upon pub c hear nC 8nd upon a findinCl that: 1) the waiver will not result in a significant increase in the densR¥ of the neiclhborhood; 2_) the waiver would recoqnize a lot that is consistent with the size of lots in that neighborhood: 3_). the waiver will avoid economic hardship. Page 3; - Legal Noti(. - Lot Creatien & Merger 4. Section 100-244 (Setbacks for Nonconforming Lots) is hereby amended to read as follows: This subsection, is intended to provide minimum standards for granting of a building permit for lots which are recoanized by the Town under 100~24. are ma~le nonconforming and have not merged pursuant to 100-25 Or continued in a state of nonconformance by the adoption of this Article and that were singly and separately owned as of the effective date of this Article. Area (sq. ~t.) 120,000 to 19_.~9 999 !O0,OO0 to 119,999 A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at thc effective date of this Article and not adjoining any lot or land in the same ownership at any time subse quent to such date may be used, or a building structure may be erec ted on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate owner ship is submitted in the form of an abstract of title showing the changes of titlelto said lot; which abstract shall be in the usual form, shall be certifie~ by an attorney or a company regularly doing such work in Suffolk County or by a cerporation duly licensed te examine and encure title to real property in Suffolk county and shall contain a certification that no contiguous property was owned by an owner of the propcrty involved since the date of any previously applicable Zoning La;;'. Suc~ lot shall be granted relief for front side and rear yard dimen sions as follows required to meet the following: Yard Lot Front Side Beth Sides Rear ~ ..... ; Del~h (ft.) (lt.) (1eet) (feet) Coverage ~'~'~ ~ 10% 7--5 3._~0 6--0 8-5 10% ~Q,OOO to 9.9.,99-0 40,000 to 79,999 15% 20% 60 3-0 6-0 8-5 6._.Qo 2-0 4-5 7_5 20,000 to 39,~,99 Less than 20,000 20% 43O !~,9 40 15 35 50 20% 80; 400 35 15 25 35 In the case of isingle and separate ownership of a nonconforming lot leeated in a s~bd'v's'on plat, approved after April 9, 1957, by the Planning Boated of the Town of Southold and filed with thc County Clerk of Suffoik County, relief for all front, side and rear yard and area dimensions shall be granted to the extent that such front, side and rear yard and area~ dimensions were required at the time the map was e~iflinally filed with the County Clerk of Suffolk County. Section 100-12 (l~xceptions) is hereby deleted in its entirety. All of the lots on ripe following subdivision maps shall be excepted from the lot area and lot wi~dth requirements of this chapter, and the lot areas and lot widths applicable to said lots shall be as shown and designated on said subdivision maps: Green Acres; Stratmors; Marion Manor; Cleaves Point, ,Se~ie~ll; Fordham Acres, Scction I; Fordham Acrec, Section II; Sterling Homes; Eastern Shores, Section I; Eastern Shores, Section II; Eastern Shores, Section I I; Eastern Shores, Section IV; Eastern Shores, SectieR Page 4 - Legal Notice - Lot Creation & N~erger V; Southold Shores; Sunny Shores; Moose Cove; Park; Village Manor; GL Yuthifl; Edgemere Park; Willow Soundorest Woods; Gardiners Bay Estates, Section 1tl; Hsrvest Section I; Bayview Woods Estatss; Willow Point; Harbor Lights-F~et~? Section I; Terry Waters; B~y Haven; Corey Crook Estates; Wee. Creek Estates; Northwoods; Vista Bluff; Jacksons Landing; Rosewood Estates; Sunset Knolls, Section II; Smithfield Park; Point; Harbor Lights Estates, Section III; Highwood; Nunnakoma Yenneoott Park; Downsview; South Harbor Homes; Peconic Shore~ Section I; Peconio Homes, Sectien-l~-P-eoo~ic H~me~, Bay Oaks; Laurel Country Estates; Orient by the Sea, Point, Section III. Section 100-32 (Bulk, area and parking regulations) is hereby Ce4e~e~ n its entirety: No building or premises shall be4cse~l~nCno b,aikting or pad the~eef~shait I~e erected or altered in the Agricultural Consen/ation D Low Density Residential R--80 District unless tho same co~fer4~-,e~e~he Bulk Schedule and Parking Schedule incorporated ;-'*'* ..... ~4b~sm~.a,em.~ ~w,~" the same fores and effect as if such regulations were set forth he~e~-~ full, as well as to the following bulk and parking requir4~me~ In the case of a lot held in single and separate ownership p~ November 23, 197I, and thereafter, with an area of thousand (40,000) square feet, a single family dwetling .may be structed thereon, provided that tho requirements of Column vil of the Bulk Schedule and the Parking Schedule incorporated in are complied with. The bulk and parking requirements for single fsmi~y dwel~gs~.~. ~e~ forth in Column ii of the Bulk Schedule and the Parking Sche~ incorporated into this chapter shall apply to the following All lots shown on major and minor subdivision maps wl~iehcccece granted final approval by the Planning Board prior to M~y.20~ Al,! ie~8-shewn on major subdivision maps Board has held a hearing May 20, 1983. All lots shown on minor subdivision maps that have been sketch plan approval by the Planning Board (4) /~11 lots set off or created by approval o¢4he-P4a~g~See~ subsequent to November 23, 197!, and prior to The bulk and parking rcq~roments for single family in Columns i and iii of the Bulk Schedule and Parking Sohodu!e incorporated into this chapter shall apply to the fotlow~ {-1-) All lots shown on minor subdivision maps which h~ve bee~ granted sketch plan approval by the Planning Board May 20, 1983. Page 5 - Legal No ~ - Lot Creation ~ Merger All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval on or after May 20, 1983. (3) All lets set=off or created by approval of thePlanning Board on or after May 20, 1983. I~. The bulk and p,arkmg rcquircmcnts for two family dwellings set forth in Column xii of the Bulk Schedule and Parking Schedule incorporated into this chaptdr shall apply to the following lots: All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983 All lots shown on major subdivision maps upon which the Planning Beard haslheld a hearing for preliminary approval on or after May (3) All lots setI off or created by approval of tho Planning Board on or after May 20, 1983. 7. Section 100-281 Ai(7) (Building permits) is hereby deleted in its entirety: (7) An apFlication for a building permit for construction on a vacant lot which is not on an approved subdMsion map shall be accompan led by a certified abstract of title issued by a title cornpany which shall show single and separate ownership of the entire lot prior to April 9, 1957. 8_.. Bulk Schedule AA :is hereby added to read as follows: Bulk Schedule AA Lot Size Width D.__.~t ~L A_~ Prior to April 9, 1957 a._~y, any a._nv Between April 9, 1957 and December 1, 1971 20,000 100 15.~0 C_:Between December2,1971 and June 30,1983 40,000 135 17_...~5 II. This Local Law shall take effect upon filing with the Secretary of State. * Underline represents additions. ** Strikethrough represents deletions. CoFies of this Local Law are available in the Office of the Town Clerk tO any interested persons during business hours, Dar,ed: June 13, 1995. JUDITH T. TERRY SOUTHOLD TOWN CLERK Page 6 - Legal Notice - Lot Creation $ Merger PLEASE PUBLISH ON JUNE 22, 1995, AND FOR~/~ARD ©NE (~, OF PUBLICATION TO JUDITH TERRY, T©WN t~LER(, ~'~'-:~ BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department Town Clerk's Bulletin Board JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 15, 1995 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Southo!d, at the Southold Town Hall, 53095 Main Road, Sow:hold, New York, at 8:00 P.M., Tuesday, June 27, 1995, on a proposed ~Lo~ai Law in Relation to Lot Creation and Merger", a copy of which is attached hereto. Please sign the duplicate ~opy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Judith T. Terg~ Southold Town Clerk Attachment cc: suffolk County Oepartmen~ of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southamptont~ Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department[~ ,./~,// Signature JUDITH T. TEERY TOWN CLEP~ REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O~ Box 1179 Southold, New York 11971 Feux (516) 765-1823 Telephone, (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 15, 1995 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, at 8:00 P.M., Tuesday, June 27, 1995, on a proposed "Local Law in RelatiOn to Lot Creation and Merger", a copy of which is attached hereto. Please sign the duplicate :copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Attachment Southold Town Clerk CC: Suffolk County Department of Planning Long Island State Par~ Commission Village of Greenport ~ Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Ptanning B~ard Southold Town Board of Al~peais Southotd Town Building Delpartment g a/u Date/ J-u-DiTI-I T. TEP~RY TOWN CLERI~ REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMAT/ON OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-t800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 15, 1995 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, at 8:00 P.M., Tuesday, June 27, 1995, on a proposed "Lo, a! Law in Relation to Lot Creation and Merger", a copy of which is attached hereto. Please sign the duplicate :copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Attachment CC: Suffolk County Oepartmenti of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning BOard Southold Town Board of Appeals Southold Town Building Department~'~' Southold Town Clerk gUI)ri'It T. TERRY TOWN CLERK REGISTRAR OF V1TAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephon~ (516) 765.1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 15, 1995 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of South01d, at the Southotd Town Hall, 53095 Main Road, Southold, New York, al~ 8:00 P.M., Tuesday, .June 27, 1995, on a proposed "Local Law in Relation to Lot Creation and Merger". a copy of which is attached hereto. Please sign the duplicate icopy of this letter and return to me in the enclosed self-addressed, stampe~d envelope. Thank you. Southotd Town Clerk Attachment ~ cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of She!ter !sland Town of Riverhead Town of Southampton i Southold Town Planning BOard South.01d Town Board of Appeals Department~partment ~ ,~ ~ South.old Town Building ~'~~gna~t r~e Si Title JU'DIT~! T. TEPAtY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARR/AGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (51.6) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 15, 1995 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of 'the Town of Southold, at the Southoid Town Hall, 53095 Main Road, Southold, New York, at 8:00 P.M., Tuesday, June 27, 1995, on a proposed "Local Law in Relation to Lot Creation and Merger", a copy of which is attached hereto. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Judith T. Terr~ Southold Town Clerk Attachment cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island/,,'/ Town of R[verhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building DePartment ignatu~ ~ JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARR/AGE OFF/CER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, iNew York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June ]5, ]995 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, a( 8:00 'P.M., Tuesday, June 27, 1995, on a proposed "Local Lav~ in Relation to Lot Creation and Mergern. a copy of which is attached hereto. Please sign the duplicate ,copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Judith T. Terr~ Southold Town Clerk Attachment cc: Suffoik County Department of Planning Long Island State Park Commission VHlage of Greenport Town of Shelter Isla~od ' Town of Riverhead~' Town of Southampton Southold Town Plannincj Board Southold Town Board of A ~peals Southold Town Building DE ~artment~ Title JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 , Faz (5]L6) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTI-IOLD June 15, 1995 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of South~ld, at the Southold Town Hall, 5309§ Main Road, Southold, New York, at 8:00 P.M., Tuesday, June 27, 19~5, on a proposed "Local Law in Relation to Lot Creation and Merger". a copy of which is attached hereto. Please sign the duplicate :copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Southold Town Clerk Attachment CC: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board/ Sourly. old Town Board of A~ppeals Southold Town Building Department Title Date JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATIGN OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 15, 1995 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, at 8:00 P.M., Tuesday, June 27, 1995, on a proposed "Local Law in Relation to Lot Creation and Merger", a copy of which is attached hereto. Please sign the duplicate copy of this letter and return to me iin the enclosed self-addressed, stamped envelope. Thank you. Southold Town Clerk Attachment Suffolk County Department of Planning Long Island State Park C~mmission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southotd Town Planning Board Southold Town Board of Appeals/ Southold Town Building Department J~DITH T. TEB~RY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 15, 1995 PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, at 8:00 P.M., Tuesday, June 27, 1995, on a proposed ~Locai Law in Relation to Lot Creation and Merger". a copy of which is attached hereto. Please sign the duplicate icopy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Southold Town Clerk Attachment cc: Suffolk County Departmen of Planning~_~4- Long Island State Park Cdmmission Village of Greenport/~. Town of Shelter Town of Riverhead/~.. Town of Southampton~C~'i Southold Town Planning Bbard~' Southold Town Board of ~ppeals/~- Southold Town Building D~partment)~,~. Signature Title Date JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, ]Sew York 11971 Fax (5116) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 13, 1995: WHEREAS, there was presented to the Town Board of the Town of Southold, on the 23rd day of February, 1995, amended and resubmitted to the Town Board on the 30th day of May, 1995, a Local Law entitled, "A Local Law in Relation to Lot Creation and Merger"; and WHEREAS, this Local Law was referired to the Southold Town Planning Board and the Suffolk County Department of Planning for recommendations and reports; now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, June 2,7, 1995, Southoid Town Hall, Main Road, Sou~:hold, New York, as time and place for a public hearing on this Local Law, which reads as follows: LOCAL~LAW NO. - 1995 A Local Law in Relation to Lot Creation and Merger BE IT ENACTED, by the Town Board of the Town of Southold as follows: Chapter 100 (Zoning) of the Code of the Town of Southold is hereby ame~ded as follows: 1. Section 100-24 (Lot Creation) is hereby adopted to read as follows: A lot created by deed!or town approval shall be recoanized by the Town if any one of the followina standards apply and if the lots have not memed: 1_! The identical lot was created by deed recorded in the Suffolk County Clerk's office on or before June 30, 1983 and the lot conformed to thelminimum lot requirement(s~ set forth in Bulk Schedule AA as of the date of lot creation. The lot in questiqn was approved by the Southold Town Planinincl Board. 3~ The Iotis) in (luestion is/are shown on a subdivision map approved by the Southold Town Board pdor to June 30, 1983. 4_). The Iotfs) in cluestion is/are approved and/or recoqnized by formal action of the Board of Appeals prior to June 30, 1983. All lots which are not recoqnized by the Town pursuant to the above section shall not receive any buildinq permits or other development entitlements, C_.= All lots are subject to the meraer provisions of 100-25. 2. Section 100-25 (Merger) is hereby adopted to read as follows: Merqer, A nonconforminq lot shall merqe with an adiacent conformin.q or nonconformincl lot Which has been held in common ownership with the first lot at any time :after July 1, 1983. An adiacent tot is one which abuts with the parcel for a common course of 50 feet or more in dis- tance. Nonconforminq lots shall merqe until the total lot size conforms to the current bulk schedule requirements. Definitions. Common ownership shall mean that the parcel is held by the same person in th~ same percentac~e of ownership as an adioininq parcel. Excelgtions. Lots which are recognized under Sec. 100-24 and meet any of the followinq ca~eqories shall be exempt from the mer(ler L~rovision set forth abo~/e and shall not be deemed merqed by operation of this law: 1) The nonconforminq tot has a minimum size of 40,000 square feet, o_zr The nonconformina lot obtained a lot size variance from the Zonin(l Board, or The nonconforming lot has been held in sinqle and separate ownership from July 1,1983 to date. Proof of Meraer. The Town may require a person seekinq determin- ation of merqer to provide any or all of the followinq documents for evaluation: Proof of the date when the lot was created and the size of the lot. to(/ether with a copf¢ of a leqal description of the ~arcel. all to the satisfaction of the '¢'own; 2_). A copy of the current tax map and survey of the lot: 3_2 A col2v of the oriqin~al survey of the lot; A title search showinq sinale and separate ownership of the prop- erty from Julv 1. 1983 to the present time, prepared by a Suffolk Countv title insurance company indemnifvina the Town of Southotd with $25,000 of insurance; 5t Other additional information or documentation as may be deemed necessary. Effect of Merqer. No buildina permit or other development entitlement will be issued by the Town until this section has been complied witlq. The Buildina Department will issue a written determination whether a property falls within an exemption to the mer~er provision. Se~ion 100-26 (Waiver of Merger) is hereby adopted to read as follows: A...~. If a lot has metered, the Zonino Board of ADoeals may waiver the meraer and recoonizeithe oriainal lot lines upon public headna and upon a findinq that: ~ the waiver will not result in a sionificant increase in the density of the neiehborflood: 2_) the waiver would recoqnize a lot that is consistent with the size of lots in that neiahb0rhood: 3_[ the waiver will avoid economic hardship. o Section 100-244 (Setbacks for Nonconforming Lots) is hereby amended to read as follows: This subsection is intended to provide minimum standards for granting of a building permit for' lots which are recoc~nized by the Town under 100-24. are mad=e nonconforming and have not merqed ~ursuant to 100-25 or continued !d a state of nonconformance by the adoption of this Article and that wore singly and separately owned as of the effective d=to of this Article. A nonconfcrmin~; lot separately owned and not adjoining any lot or !and in the same ownership at the effective date of this Article and not adjoining any lot or !and in the same ownership at any time subse quent to such date may be used, or a building structure may be orec ted on such !pt fcr usol, in accordance with all the other applicable provisions cf this ch=.dtcr, provided that proof of such separate owr~er ship is submitted !n tho form of an abstract of title showing the changes of dtlo to scic~ lot; which abstract shall be in the usual fcrm, shell be certified by er3 attorney cra company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and ensure title to repI property in Suffolk county and shall contain a certification that no cohtiguous property was owned by an owner of the property in,.,~vod since the date of any previous,y applicable ZonJing La'.';. Such lot shall be granted relief for front side and roar yard dimen sions as follows' reouired to meet the followino: Area (sq. it.) 120,000 to 199,999 100,000 to 119,999 80,000 to 99,99g 40,000 to 79,999 20,000 to 39,999 Less than 20,000 Yard Lot Front Side Both Sides Rear Coverage W!dth De¢~ (ft.) (ft.) (feet) (feet) 10% 7-5 30 6__0 8--5 lO% 7-5 3o 60 8_5 20% 80 20 4-5 7-5 20% 120 !40 40 15 35 50 20% 8~ 100 35 15 25 35 In the cass of single at~d separate ownership of a nonconforming lot located in a subdivisio0 plat, approved after April 9, 1957, by the Planning Board of thc ~own of Southold and fitcd with the Coun't7 Clerk of Suffolk County, relief for all front, side and roar yard and area dimensions shall be gr,bnted to the axtont that such front, side and roar yard and area dimensions wore required at tho time thc map was originally filed with thc iCounty Clerk of Suffolk County. Section 100-12 (ExceptionS) is hereby 6telete~ in its entirety. Ali of tho lots on thc followi~g subdivision maps shall be excepted from thc Jot area and lot width roquJr~cmcnts of this chapter, and the lot arc, as and lot widths applicable to sai(~ lots shall bc as shown and designatcd on .,a~d subdivision maps: Green Aarcs; Stratmors; Marion Manor; Cleaves Point, Section II; Fordham Acres, Section I; Fordham Acres, Section Il; Stcrting Homes; Eastern Shores, Section I; Eastern Shores, Se~ion tl; Eastcm Shcres, Section III; Easterq Shores, Section IV; Eastern Shores, Section V; Southotd Shores; SunnylShores; Moose Cave; Nassau Point; Deer P-a~q Village Manor; G.I. T~thitl; Edgemcrc Park; Willow Terrace; Scundcrest Woods; Gardin~rs Bay Estates, Section II1; Harvest Homes. Section I; Bayview Woods Estates; Willow-Point; Harbor Lights Estates, Section I; Torn,/Waters; Bay Haven; Corey Creek Estates; West Creek Estates; Northwoods; Vista Bluff; Jacksons Landing; Bennett's Pond; Rosewood Estates; Sunset Knolls, Section II; Smithfield Park; Paradise Point; Harbor Lights Estates, Section 111; Highwood; Nunnakoma Waters; Ye~.qecott Park; Downsvio~; South Harbor Homes; Poconic Shores, Section l; Pcconic Homos,Section l; Pcccnic Homos, Section II; Peconic Bay Oaks; Laurel Country Estates; Orient by tho Sca, Section II; Cleaves Poirt, Section Ill. Section 100-32 (Bulk, area and parking regulations) is hereby ~ in its entirety: No building or promises shall be used and no building or part, thereof shall be erected or altered in tho Agricultural Consenzation District and in the Low Density Residential R 80 District unless tho same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with thc same force and effect as if such regulations wore set forth herein in full, as well as to the following buik and parking requirements: In the case of a lot held in single and separate ownership prior to November 23, 1971, and thereafter, with an area of less than forty thousand (40,000) sqqaro foot, a single family dwelling may bo con structod thereon, prey!dod that the requirements of Column vii of tho Bulk Schedule and the-Parking Schedule incorporated in this chapter are complied with. Thc bulk and parking dcquiroments for single family dwellings as sot forth in Column ii of the Bulk Schedule and the Parking Schedule incorporated into this shapter shall apply to the following !ets: (I) · · Ail iota shown on major and minor subdivision maps which were granted final approval by the Planning Board prior to May 20, (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval prior to May 20, 1983. All lots shown on minor subdivision maps that have been granted sketch plan approval by the Planning Board prior to May 20, 1983. (4} All lots set off or created by approval of the Planning Board subsequent to November 23, 1971, and prior to May 20, 1983. Tho bulk and parking requirements for single family dwellings sat forth in Columns i and iii of the Bulk Schedule and Parking Schedule incorporated into this Chapter shall apply to the following lots: All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. All lots shown on major subdivision maps upon which tho Planning Board has hold a hearing for preliminary map approval on or after May 20, 1983. (a-)- All lots sot off or cioatod by approval of the Planning Board an or after May 20, !983. Tho bulk and parking rpquircmont~ for two family dwelling., ~et forth in Column xii of the Bulk Schedule and Parking Schedule incorporated into this chapter shall apply to tho following lots: All lots shown on minor subdivision maps which have boon granted sketch plan approval by thc Planning Board on or May 20, 1983. All lots shown on major subdivision maps upon which thc Planning Board has hold a bearing for preliminary approval on or after May ,on !983 All lets set off or created by approval of tho Planning Board on or after May 20, 1983. 7. Section 100-281 A (7) (Building permits) is hereby ~eted in its entirety: (7) An application for a building permit for construction on a vacant lot which is not on anlapprovod subdivision map shall be accompan- ied by a certified abstra~ of title issued by a title company which shall show single ~nd separate ownership of the entire lot prior to April 9, 1957. 8_~ Bulk Schedule AA is hereby added to read as follows: Bulk Schedule AA Lot Size Width Depth A..~. Pdor to AI2dl 9, 1957 B_.~. Between AEdl 9, 1957 and December 1, 1971 C_~ Between December 2, 1971 and June 30, 1983 an~ any any 20,0~0 lOq 15q 40,000 !32 175 II. This Local Law shall take effectiupS'n filing with the Secretary of State. * Underline represents additions. I ** Strikethrough represents deletk ns. Judith T. Terry Southol~l Town Clerk Jun~ l~t. 1995 RECEIVED JUN 1995 ,~Jlhold Town Clerk DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ® ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A.I.C.P. Ms. Judith Terry, Clerk Town of Sou~old Ma'm Road Southold, NY 11971 Applicant: Zouing Action: S.C.P.D. File No.: June 6, 1995 Town of Southold Amendments to Sections 100-12, 24, 25, 26, 32 & 244 of the Zun'mg Code SD-95-2A Pursuant to the requirements of Sections A 14-14 to 23 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 determ'mation as there is no apparent sigui:ficant 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, Stephen M. Jones Director of Plato-ring GGN:mb S/s Gerald G. Newman Chief Planner 220 RABRO DRIVE P,O. E~OX 61 O0 PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latharn, Jr. Bennett Oflowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53(195 Main Road P. O. Box 1179 SouthokJ, New York 11971 Fax (516) 765-3136 Telephone {516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 6, i995 Judith T, Terry, Town Clerk Southold Town Hall $outhoid, New York 11971 RECEIVED 'JUN Southold To~ RE: Local Law in Relation to Lot Creation and Merger Dear Mrs. Te]~ry: The Planning Board has reviewed the proposed legislation pertaining to Lot Creation and Merger and finds that it is in support of the legislation as it is written. However. the Planning Board also suggests the following changes that it feels should I;~e made to the proposal before it is adopted. 2. Section 100-25 (Merqer) Bo In regard to common ownershiP, the definition could be changed to eliminate the wording in reference to the same percentage of ownership. The Board feels that. from a technical standpoint, it will be an additional, difficult review step to determine the percentage of ownership. One of the primary intents of this draft legislation was to streamline the review to the extent possible without compromising purpose of review. Requiring this level of detail will represenl[ a significant cost of time and money by the applicants and the Town. Additional changes that should be made to the Town Code if the proposed legislation is adopted: 100-28117) Building Permits This section conflicts with the proposed legislation and should be eliminated. Chairman cc: Zoning Board of Appeals Laury Dc, wd JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, ]New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 1, 1995 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted herewith is ai proposed Local Law entitled, "A Local /aw in Relation to Lot Creation and iMerger". Please prepare recommendations with to me. Thank you. an official report defining relation 1~o this proposed Local the Planning Board's Law and forward same Very truly yours, Judith T. Terry Southold Town Clerk Attachmenl: cc: Board of Appeals JI.FDITH T. 'I'~RR¥ TOWN CLERK REGISTRAR OF VITAL STATISTICS MARlY. tAG E OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-t823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Pursuant to Sections 1323 and 1332 of the Suffolk County Charter the Town Board of the Town of Southold hereby refers the following proposed zoning action to the Suffolk County Department· of Planning: New Zoning Ordinance X Amendment O'f Zoning Cod~ Amendment of Zoning Map (Change of Zone) Location of affected land: Entire: Town of Southold Suffolk County Tax Map No.: ~ Within 500 feet of: X The boundary of any village or town ~ X The boundary of any existing or proposed county, state or federal park. X The right-of-way Of any existing or proposed county or' state parkway, thruway, expressway, road or highway. X The existing or p~oposed right-of-way of any stream or drainage channel owned by the County or for which the County has established channel lines. X The existing or p~oposed boundary, of any other county, state or federally owned land. X The Long I~limd'S~ound, ~ny bay in Suffolk County or estuary of any of the foregoing bodies of water. Or within one mile of: Nuclear power plant. X Airport COMMENTS: Local Law in Relatior to Lot Creation, and Merger attached hereto. , .,¢/ Judith T. T~rrry Southold Town Clerk JUDITH T. TERRY TOWN CLERK~ REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGUlaR MEETING HELD ON MAY 30, 1995: WHEREAS, there was presented to the] Town Board of the Town of Southold, on the 30th day of May, 1995, the rev s on of a Local Law entitled, "A Local Law in Relation to Lot Creation and Merger"; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed: to transmit this Local Law to the Soutl~old Town Board and the Suffolk County Department of Planning, ali in accordance with the Southold Town Code and the Suffolk County C~narter. This Local Law reads as follows: LOCAL LAW NO. - 1995 A Local Law in Relationl to Lot Creation and Merger BE IT ENACTED, by the Town Board of the Town of Southold as follows: Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-24 (Lot Creation) is hereby adopted to read as follows: A lot created bv deed 0r town approval shall be recognized by the Town if any one of the follow n~ standards apply and if the lots have not merqed: ~ 1_). The identical lot was created by deed recorded in the Suffolk County Clerk's Office on or before June 30, 1983 and the lot conformed to the minimum lot re~uirementfs) set forth in Bulk Schedule AA as of the date of lot creation. 2_1 The lot in question was approved by the Southoid Town Plannino Board. : The Iotfs~ in question is/are shown on a subdivision map approved bv the Southold Town Board prior to June 30. 1983. The Iotfs) in Guestion is/are approved and/or recognized by formal action of the Board of Appeals prior to June 30. 1983. All lots which are not recoqnized by the Town pursuant to the above section shall not receive any buildinq permits or other development entitlements, C__~ All lots are subject to the merqer provisions of 100-25. 2. Section 100-25 (Merger') is hereby adopted to read as follows: Mer.qer. A nonconforr~inq lot shall merqe with an adjacent conforminq or nonconforminq lot Which has been held in common ownership with the first lot at any timeaf[er July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of 50 feet or more in dis- tance. Nonconforminq ~lots shall merqe until the total lot size confor.ms to the current bulk schedule requirements. Definitions. Common ownership shall mean that the parcel is held by the same person in the same percentaqe of ownership as an adioininq parcel. Exceptions. Lots which are recoqnized under Sec. 100-24 and meet any of the followin~ cateqories shall be exempt from the merger Brovision set forth above and shall not be deemed merqed by operation of this law: The nonconforminq lot has a minimum size of 40,000 square feet, o~ The nonconforminq lot obtained a lot size variance from the Zoninq Board, or 3_). The nonconformina lot has been held in sinote and separate ownership from JSIv 1.1983 to date. Proof of Merqer. The 'Town may require a person seekincl determiin- ation of merqer to orogide any or all of the fotlowinq documents fo~- evaluation: Proof of the date when the lot was created and the size of the lot. toaether with a cdp¥ of a leaal description of the parcel, all to the satisfaction of thel Town: 2_~ A copy of the current tax mad and survev of the 3_). A copy of the oriqinal survey of the lot: A title search showinci sinqle and separate ownership of the prop- erb/from July 1, 1983 to the present time, prepared by a Suffolk County title insurance company indemnifvinq the Town of Southold with $25,000 of insurance; Other additional information or documentation as may be deemed neoassar¥. Effect of Merqer. No buildinq permit or other development entitlement will be issued by the Town until this section has been complied with. The Buildinci Department will issue a written determination whether a property fails within an exemption to the mercier provision. 3. Section 100-26 (Waiver of Merger) is hereby adopted to read as follows: If a lot has mercied, th~ Zoninci Board of Appeals may waiver the mercier and recocinize ~he oriciinal lot lines upon public hearinci and upon a findinq that: : ~ the waiver will not result in a sicinificant increase in the density of the neicihborhood; ! ~ the waiver would recoqnize a lot that is consistent with the size of lots in that neiqhbdrhood: the waiver will avo~Id economic hardship. Section 100-244 (Setbacksl for Nonconforming Lots) is hereby amended to read a.s follows: This subsection is intended to provide minimum standards for granting of a building permit for ilots which are recocinized by the Town under t00-24, are re=de nondonforming and have not mercied pursuant to 100-25 or oontinucd in !a state of nonconformance by the adoption of this Article and that were singly and separately owned as of tho effective date of this Article. Bo A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this Article and not adjoining any lot or land in the same ownership at any time subsc quent to such date may be used, or a building structure may be crec tod on such lot for use,lin accordance with all the other applicable provisions of this chaptbr, provided that proof of such separate owner ship is submitted in tholform of an abstract of title showing the changes of title to said ilot; which abstract shall be in tho usual form, shall be certified by an ~ttomoy or a company regularly doing such wed< in Suffolk County pr by a corporation duly licensed to examine and ensure title to real property in Suffolk county and shall contain .'~ certification ,, ~at no contiguous property was ownud by an owner of the property involved sines tho date of any previously applicable Zoning Law. Such lot shall be granted relief for front side and rear yard dimen sions as follows reeuired to meet the followinq: Area Lot (sq. ft.) Coverage W!dth 120,000 to 199,999 10% 100,000 to 119,999 10% 80,000 to 99,999 15% 40,000 to 79,999 20% 20,000 to 39,999 20% 120 Less than 20,000 20% ~ Yard Front Side Both Sides Rear (ff.) (ft.) (feet) (feet) 7~5 3_Q 8_Q 8.~5 7_!5 3-0 60 85 6--0 3-0 6-0 8_~5 40 15 35 50 I!00 35 15 25 38 In the casc of single and separate ownc~hip of a nonconforming l!ot located in a subdivisign plat, approved aC[er April 9, 1957, by the Planning Board of thel Town of Southold and filed with thc Count,/ Clerk of Suffolk Country, relief for all front, side and mar yard and area dimensions shall be g~'anted to thc extent that such front, side an(:[ rear yard and area dimensions' "¢zcrc required at the time the map was originally filed with tho County Clerk of Suffolk County. Section 100-12 (Exceptions) is hereby ~elet-ed in its entirety. Ail of the lots on the follo~ tot ama and lot width rcqu lot widths applicable to sa subdivision maps: Green Section Il; Fordham Acre., Homes; Eastern Shores, ,~ Shores, Section Itl; Easte[ V; Southold Shores; Sunn lng subdivision maps shall be excepted from the rements of this chapter, and tho lot areas and d lots shall be as shown and designated on said ~cros; Stratmors; Marion Manor; Cleaves Point, Section I; Fordham Acres, Section Il; Sterling ection 1; Eastern Shores, Section II; Eastern ~ Shores, Section IV; Eastern Shores, Section Shores; Moose Cove; Nassau Point; Doer Park; Village Manor; G.I. Tuthill; Edgemero Park; Willow Ton-ace; Soundcrest Woods; Gardiqcrs Bay Estates, Section 111; Harvest Homes, Section I; Bayviow Woods~ Estates; Willow Point; Harbor Lights Estates, Section I; Terry Waters; Bay Haven; Corey Creek Estates; West Creek Esl:ates; Northwoods; Vist~ Bluff; Jacksons Landing; Bennett's Pond; Rosewood Estates; Sunset Knolls, Section II; Smithfield Park; Paradise Point; Harbor Lights Estates, Section I11; Highwood; Nunnakoma Waters; Yennecott Park; Downsview; South Harbor Homes; Peconic Shores, Section I; Peconic Homes, Section l; Peconic Homes, Section 11; Peconic Bay Oaks; Laurel Country :Estates; Orient by thc Sea, Section 11; Cleaves Point, Section III. Section 100-32 (Bulk, area and parking regulations) is hereby ~ in its entirety: No building or premises shall bc used and no building or part thereof shall be erected or altered in the Agricultural Conservation District and in the Low Density Residential I~ 80 District unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full, as well as to the follo,#lng bulk and parking requirements: A~. In the case of a lot held in single and separate ownership prior to i~lovember 23, 197'1, atqd thereafter, with an area of less than forty thousand (40,000) square feet, a single family dwelling may be structcd thereon, provided that the requirements of Column vii of the Bulk Schedule and thc, Parking Schedule incorporated in this chapter are complied with. The bulk and parking requirements for single .family dwellings as set forth in Column ii of th9 Bulk Schedule and the Parking Scheduto incorporated into this Chapter shall apply to the following lots: ~ All lots shown on major and minor subdivision maps which were granted final approval by the Planning Board prior to May 20, 19~3. All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval prior to May 20, 1983. All lots shown on minor subdivision maps that have been granted sketch plan appro~val by the¢tanning Board prior to May 20, 1983. (-4-} All lots set off or created by approval of the Planning Board subsequent to Noyembor 23 1971, and prior to May 20, 1983. Thc bulk and parking ¢oquircments for singie family dwellings cot 1:orth in Columns i and iii of d~e Bulk Schedule and Parking Schedule incorporated into this Chapter shall apply to the following lots: (1) . · All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. (2) · -. All lots shown on major subdivision maps upon which thc Planning Board has held a hearing for preliminary map approval on or after May 20, 1983. (3) All lots set off or created by approval of the Planning Board on or after May 20, 1983. 1~. Thobulk and p~rking requirements for two family ck¥ollings set forth in Column xii of the Bull< Schedule and Parking Schedule incorporated into this chapter shall apply to the following lots: (1) . · · All lots shown on: minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. (2) ·.. All lots shown on: major subdivision maps upon which the Ptanning Board has held a hearing for preliminaw approval on or after May (3) All lots sot off or created by approval of tho Planning Board on or after May 20, 1983. 7. Bulk Schedule AA is hereby added to read as follows: Bulk Schedule AA Lot Size Width Depth A. Pdor to ADdl 9, 1957 any any any B. Between Aodl 9, 1957 and 20i, 000 Decernbe~ 1, 1971 100 150 C. Between December 2,1971 40i,000 and June 30, 1983 175 II. This Local Law shall take effect upon filing with the Secretary of State. * Underline represents additiops. ** Strikethrough represents deletions. ~' ' Judith T. Ter_r7 ~./ SouthoId Town Clerk May 31, 1995 14-16-4 (2/87)--Text 12 PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comp!eted by Applicant or Project sponsor) 1. APPL[CANTISPONROR 2~P~.~J~rNL/M~ in Relation TOWN OF SOUTHOLD 3. PROJECT LOCATION: Municipality Town of Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Entire Town of Southold SEQR to Lot Creation and Merger 5. IS PROPOSED ACT[ON: [] New [] Expansion ~] Mod f cat on/~ terst on 6. DESCRIBE PROJECT BRIEFLY: Amends Chapter 100 (Zoning) o~ the Code of the Town of Southold providing that a lot created by deed or town approval shall be recognized by the Town if certain standards apply and ff t~e lots have not merged. 7. AMOUNT OF LAND AFFECTED: Initially Marries Ultimate, 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZG [~ Yes [] No If No, describe briefly acres ~IING OR OTHER EXISTING LAND USE RESTRICTIONS? 9. WHAT IS PRESENT LAND USE iN VICINITY OF PROJEI~T? [] Residential [] !ndustria, [] Commercial Describe: ~ [] Agricutture []Par~Forest/Open Space E~Other N/A 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FI~NDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [~ No If yes, list agency s andipermit/approvals 11. DOES ANY ASPECT OF THE ACTIOH HAVE A CURF :-NTLY VALID PERMIT OR APPROVAL? [] Yes [~ No ~f yes, list agency name and ~,,ermitlapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTINt PERMIT/APPROVAL REQUIRE MODIFICATION? E~Yes ~]No NFF i PRO/~ D~//~ I CERTIFY THAT THE I ION DE IS TRUE TO THE REST OF MY KNOWLEDGE Applicant/sponsor name:Thomas Wic~arn, =,~ n nf ~nHthnld Date: May 30, 1995 Signature:~/~ [-~/~/~' ~ ~ If the action is in the Coast al Area, and you are a state agency, complete ithe Coastal Assessment orm before proceeding with this assessment OVER 1 A DOES ACTIOX EX£EED AR¥ YY?E , ,dEES~C L'~ iN 6 N¥CRR, PART 6~7.~27 if yes, coot ,,ate t,he ~eview process end uss ~he FULL EAF NO NO Vegetation, or fauna, fish, sheilfish or w!ldlife species, significant habitats, or threatened or endangered species? Explalq b:' el!y; NO : NO NO NO NO D. IS THERE, OR iS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENViRCNMENTAL IMRAC?S? E~] Yes ~ No If Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE ('to oe completed by AGency) iNSTRUCTiONS: For each adverse effect identified Above, determine whether it ~s substantiai, IArge, [mportaet or cthe,w,'ise significant. Each effect should be Assessed in connection with its (A) setting (i.e. urban or rural); (b) probabi[it? of OCCUr,dRG; (c) duration% ~d) irreversibility; (e) geographic scope; and (f) magnitude. Jf necessa~, Add AttAchments or reference euppoP;ing materials..E~scre the,'. explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately ~dd~esse~, [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive deciaration. [~ Check this box if you have determined, based on the information and analysis above and any support documentation, that the proposed action WILL NOT result in any significant adverse env~¢onme~t~] ~mpacts AND provide on ~chments as necessary, the reasons supportinG this determination: // Southoid Town Board May 30, 'i995 2 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. ]~ox 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE! OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TO¥1N BOARD AT A REGULAR MEETING HELD ON MAY 30, 1995: ~ RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental quaility Review Act, and 6NYCRR Part 6'17.10, and Chapl~.er 44 of the Code !of the Town of Southold, notice is hereby given that the Southold Town of this unlisted action, has effect on the environment. DESCRIPTION OF ACTION: P ~oard, in conducting an uncoordinated review ~etermined that there will be no sicjniificant Ioposed "Local Law in Relation to Lot Creation and Merger" which amends Chapter 100 (Zoning) of the Code of the- Town of Southold by adding the provisions that a lot created by deed or town approval shall be r~cognized by the Town if certain standards apply and if the lots have no[ merged. The proposal has been determined not to have a significant i effect on the environment because an Environmental Assessment Forth has been submitted and reviewed and the Town Board has concluded that no environment is likely to occ planned. Soul Jr should significant adverse effect to the the proposal be implemented as lith T. Terry (/ ~old Town Clerk ~ay 31, 1995 LAURY L. DOWD Town Attorney TO: FROM: RE: DATE: OFFICE OF THE TOWN AI'rORNEY TOWN OF SOUTHOLD TOWN BOARD TOWN ATTORNEY LOT CREATION AND MERCER ORDINANCE APRIL 27, 1995 Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-1823 Telephone (5'16) 765-1800 Attached is a draft local law which addresses the Planning Board's comments about the draft lot creation and merger ordinance. I~d like to summarize the contents of the ordinance, note changes since you've last seen it, and highlight areas which need a policy decision. The local law is intended to address staff problems in determining if lots were legally created and if they can exist today as separate lots. Currently, the Planning Bcard, Zoning Board :and Building Department handle these issues differently, because there is no clear guidance in the code as to how the issues should be handled, The new ordinance gives such guidance. The ordinance requires lots to !be created by subdivision after 6/30/83. Lots created before that will be recognized if they received Town approval or if they conform to a basic lot size. In response to comments, requirements have been added to require the Io[ to have a minimum lot width and depth requirement (based on the width and depth requirements in the code ;at those times). The goal is to avoid r~cognizing roads and other narrow parcels as lots. The basic lot requirements;have been set out in Bulk Schedule AA which is attached to the end and whlchi is part of the ordinance. Even if a lot was validly create(J, it may have merged wlth an adjoining lot. Section 100-25 establishes the rules regarding mergers of nonconforming lots. In response to comments, Section A has been revised. A nonconforming lot merges wlth other lots held in the same names until the lot is big enough to be conforming. For example, if you lhave six 1-acre lots in a 2 acre zone, the lots will merge to form three 2-acre 10ts, not one 6-acre lot. Section 100-244, 100-12 and 100-~2 have been deleted because the new sections make them unnecessary. Note !that 100-24L~ has been amended to include setbacks for undersized lots in the relatively new R200 zones. Page 2 The new ordinance calls for the Building Department to apply it. Since some administrative details need to be worked out (forms and filing procedures), I recommend that the new law have a delayed effective date of two months. A policy decision still remains to be made about whether lots merge ~f they are held in the same names but in different percentages of ownership. For example, one nonconforming lot is held bY John and Mary Smith (50% each) and the adjacent lot is held by John Smit~h (2/3) and Mary Smith (1/3). Under the draft language these lots would not merge. The Planning Board suggests 'that the Town ignore percentage of ownership and merge the above-described lots, on the grounds that figuring out percentage of ownership is an undue complication~ We should talk about how you want to proceed with this is!~ue. The next stop in proceeding is tO set this ordinance for public hearing. DRAFT 4126/95 Local Law No. 1995 A Local Law in Relation to Lot Creation and Merger BE IT ENACTED, by the Town Board of the Town of Southoid as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-24 (Lot Creation) is hereby adopted to read as follows: A. A lot created by deed or town approval shall be recognized bv the Town if any one of the followin~ standards apply and if the lots have not mer.qed: 1_) The identical lot was created bv deed recorded in the Suffolk County Clerk's Office on or before June 30, 1983 and the lot conformed to the minimum lot requirement('s) set forth in Bulk Schedule AA as 0f the date of lot creation. 2_). The lot in c~uestion was approved by the Southold Town Plannin~ Board. : 3) The lot(s) in question is/are shown on a subdivision map approved by the Southold Town Board prior to June 30, 1983. The lot(s) in question is/are approved and/or recoqnized by formal action of the Board of Appeals prior to June 30, 1983. All lots which are not rlecoqnized by the Town pursuant to the above section shall not receive any buildin~ permits or other developme~t entitlements. C__~ All lots are subject to !he mer.aer provisions of 100-25. 2. Section 100-25 (Merger) il hereby adopted to read as follows: Merger. A nonconforminq lot shall mer.qe with an adjacent conformin¢~ or nonconformin¢l lot ~,hich has at any time been held in common ownership as the first iot. An adiacent lot is one which abuts with tile parcel for a common dourse of 50 feet or more in distance. Nonconformina lots shall merc~e until the total lot size conforms to the current bulk schedule iequirements. Definitions. Common ownership shall mean that the parcel is held by the same person in the same percentage of ownership as an adioinin~ parcel. Exceptions. Lots which are recognized under Sec. 100-24 and meet any of the followina Categories shall be exempt from the mercier provision set forth above and shall not be deemed mercied by operation of this law: 1_). The nonconformin~ lot has a minimum size of 40,000 square feet, o..z The nonconforminq lot obtained a lot size variance from the Zoninci Board, or~ 3_) The nonconformin~ lot has been held in single and separate ownership from JUly 1,1983 to date, Proof of Mer.~er, The Town may require a person seekin~ determin- ation of mercier to provide any or all of the followinq documents for evaluation: Proof of the date When the lot was created and the size of the lot, toqether with a ca~)y of a legal description of the parcel, all to the satisfaction of the'l'own; 2_) A copy of the currbnt tax map and survey of the lot; 3_) A copy of the original survey of the lot; 4_) A title search shoWin~ sinClle and separate ownership of the prop- erty from July 1, 1983 to the present time, prepared by a Suffolk County title insurance company indemnifvinci the Town of Southold with $25,000 of insurance; 5_) Other additional information or documentation as may be deemed necessary. ! Effect of Mer.qer. No buildin.cl permit or other development entitlement will be issued by the Town until this section has been complied with. The Buildin~ Department will issue a written determination whether a property falls within an exemption to the mer~er provision. Section 100-244 (Setback ~ for Undersized Lots) is hereby amended to read as follows: Area (sq. ft.) 120,000 to 199,999 100,000 to 119,999 80,000 to 99,999 40,000 to 79,999 20,000 to 39,999 Less than 20,000 This subsection is intended to provide minimum standards for granting of a building permit for lots which are recoqnized by the Town under 100-24, are re=dc nonconforming and have not merqed pursuant to 100-25 or continued in a state of nonconformance by the adoption of this ^rticlo and that were singly and separately owned as of the effective date of this Article. A nonconforming lot s~parately owned and not adjoining any lot or land in the same ownership at the effective date of this Article and not adjoining any lot or land in the same ownership at any time subso quent to such date raCy be used, or a building structure may be erec ted on such lot for use, in accordance with all the other applicable provisions of this chal~ter, provided that proof of such separate owner ship is submitted in this form of an abstract of title showing the changes of title to saicl lot; which abstract shall be in tho usual form, shall be certified by ar] attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and ensure title to real property in Suffolk county and shall contain a certification that no cdntiguous property was owned by an owner of tho property involved since tho date of any previously applicable Zoning L=w. Such lot shall bE granted relief for front side and rear yard dimen sions as follows required to meet the followin.q: Yard Lot Front Side Both Sides Rear Coverage ~ ~ (ft.) (ft.) (feet) (feet) 10% 10% 15% 2O% 2O% 7.5 30 6_.QO 8.5 7,5 30 6._¢.0 8,5 6._QO 30 60 8.5 6_~0 2_.Q0 4.5 7.5 120 ~43 40 15 35 50 20% 8O 35 15 25 35 In the case of single and separate ownership of a nonconforming Ilot located in a subdivision plat, approved after April 9, 1957, by the Planning Board of the Town of Southold and filed with the County Clerk of Suffolk County, relief for all front, side and rear yard and area dimensions shall be granted to the extent that such front, side ~nc~l rear yard and area dimensions were required at the time tho map w~s originally filed with the County Clerk of Suffolk County. 3. Section 100-12 (Exceptions) is hereby ~ in its entirety. All of the lots on the following subdivision maps shall be excepted from the lot area and lot width requirements of this chapter, and the lot areas and lot widths applicable to said lots shall be as shown and designated on said subdivision maps: Green Acres; Stratmors; Marion Manor; Cleaves Point, Section II; Fordham Acres, Section I; Fordham Acres, Section II; Sterling l~mes; Eastern Shores, ~ection I; Eastern Shores, Sect on ; Eastern Shores, Section III; Eastern Shores, Section IV; Eastern Shores, Section V; Southold Shores; Sunny Shores; Moose Cove; Nassau Point; Deer Park; Village Manor; G.I. TuthJll; Edgemore Park; Willow Terrace; Saundcrest Woods; Gardihers Bay Estates, Section III; Harvest Homes, Section I; Bayview Wood~ Estates; Willow Point; Harbor Lights Estates, Section I; Terry Waters; Bay Haven; Corey Creek Estates; West Crook Estates; Northwoods; Vista Bluff; Jacksons Landing; Bennett's Pond; Rosewood Estates; Sunset Knolls, Section II; Smithfield Park; Paradise Point; Harbor Lights Estates, Section III; Highwood; Nunnakoma Waters; Yennecott Park; Downsview; South Harbor Homes; Peconic Shores, Section I; Peconic Homesi Section I; Peconic Homes, Section II; Peconic Bay Oaks; Laurel Country!Estates; Orient by the Sea, Section II; Cleaves Point, Section III. Section 100-32 (Bulk, area and parking regulations) is hereby ~etete~ in its entirety: No building or premises shall be used and no building or part thereof ..;hall be erected or altered in the Agricultural Conservation District and in tho Low Density Residential I~ 80 District unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein in full, as well as to the follOWing bulk and parking requirements: In the case of a lot heid in single and separate ownership prior to November 23, 1971, and thereafter, with an area of less than forty thousand (40,000) square feet, a single family dwelling may bo con structed thereon, pro¥ided that the requirements of Column vii of the Bulk Schedule and th, Parking Schedule incorporated in this chapter are complied with. The bulk and parking requirements for single family dwellings as set forth in Column ii of the Bulk Schedule and tho Parking Schedule incorporated into this chapter shall apply to the following lots: All lots shown on m~or and minor subdivision maps which we,re granted final approval by the Planning Board prior to May 20, All lots shown on major subdivision maps upon which tho Planning Board has held a hearing for preliminary map approval prior to May 20, 1983. All lots shown on minor subdivision maps that have been granted sketch plan approval by the Planning Board prior to May 20, 1983. All lots set off or c'~oated by approval of the Planning Board subsequent to NoVember 23 1971, and prior to May 20, 1983. Thc bulk and parking requirements for single family dwellings set forth in Columns i and iii of the Bulk Schedule and Parking Schedule incorporated into this Chapter shall apply to tho following lots: (1) ... A ets shown on rn~nor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. (2) All lots shown on major subdivision maps upon which the Planning Board has held a Ihoaring for preliminary map approval on or after May 20, 1983. (3) All lots set off or ci"eated by approval of the Planning Board on or after May 20, 1985. I~. The bulk and parking iequirements for two family dwellings set forth in Column xii of tho Bulk ISchedule and Parking Schedule incorporated into this chapter shall ~pply to the following lots: ~ All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. ' All lots shown on m~or subdivision maps upon which the Planning Board has held a beanng ~r prehm~nary approval on or a~er May All lots sot off or c~ oated by approval of the Planning Board on or after May 20, 198,' A~ Pdor to April 9, 1957 B. Between Apdl 9. 1957 and December I, 1971 Between December 2. 1971 and June 30, 1983 Bulk Schedule AA Lo[ Size Width Depth Shy any any 20,000 100 150 40,~00 135 175 II. This Local Law shall take effect upon filing with the Secretary of State. * Underline represents addition.. ** Strikethrough represents deletions. PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 530!)5 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD CEJVED April 11. 1995 Judith T. Terry. Town Clerk Southold Town Hall $outhold. New York 11971 SOL~O!d TOWN CJerk RE: Local Law in Relation to Lot Creation and Merger Dear Mrs. Terry: The Planning Board has reviewed the proposed legislation pertaining to Lot Creation and Merger and finds that it is in support of the legislation as it is written. However. the Planning Board also lsuggests minor additions and word changes that it feels should be m~de to the proposal before it is adopted. These have been sent to the Town Attorney under separate cover. A copy is enclosed for your convenience, i Sincerely. R'chard G. ~/ard ~.¢ Chairman enc. CC: Zoning Board of Appeals Building Department PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southo]d, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNI=NG BOARD OFFICE TOWN OF SOUTHOLD TO: Laury Dowd. Town Attorney FROM: Richard G. Ward. Chairman RE: Proposed Local Law in Relation to Lot Creation and Merger DATE: April 11. 1995 The Planning Board has reviewed the proposed legislation pertaining to Lot Creation and Merger and finds that it is in support of the legislation. However. there are some minor additions and word changes that we think should be made to clarify the intent and the procedures as we understand it. The suggested changes are list~ed below by section number. 1. Section 100-24 {Lot Creation} Perhaps the word "legally" should be eliminated from this section. The intent of this section is to clarify those situations where the Town recognizes the creation iof a lot. not whether the lot was created tn a legal manner· A(1) The draft legislation uses minimum lot area as the standard which must be met in determining wihether or not lots are merged. This standard would allow the Towin to recognize lots which did not conform to all the minimum requirements (width. depth, front yard. etc. ) at the time they were created. To be consistent, the other minimum requirements should Ibe included in the standards to determine whether or not ~otsl are merged. The minimum requirements for each time period should b~ added to the text of Subsection A(la. b and c). perhaps in a tableiformat. A(lc)This section sets standards for some but not all of the Zoning Districts in existence during the December 1, 1971 to June 30, 1983 time period. It does not include the Business Districts, "B" and "B-I". To be consistent, ail Zoning Districts should be included in this section. A(3) An exact, date (June 30, 1983i) is specified in other sections of the draft legislation. This same date should be used in Sections (A 2 and 3). This sentence should further !define a map as a subdivision map so as not to give the impression that this section applies to zoning and other maps. Lot Creation and Merger Page 2 April 11, 1995 Bo The word "lecjally" should be eliminated from this section. The Board suggests that this sentence be amended as follows: No building permits or other development entitlements will be issued by the Town on lots which were not created pursuant to the above sectlon. 2. Section 100-25 (Merger} Ao The meaning of this section iS not clear to us for situations involving a conforming lot and one or more non-conforming lots. Perhaps the meaning should be clarified so that it is clear that a non-conforming lot which doeS not meet any of the categories in Exceptions will be merged with an adjacent conforming lot under the same owr)ership. In addition, this section is not clear about how the lots will be merged. That is, if there arei multiple lots in question, shall the lots be merged into one lot which may exceed the zoning requirements? Or. shall the lets be merged up to the point where a conforming lot is created? Finally. this section should require that the merged lot (or lots) shall be recorded as such in the Town records and in the County Real Property records. B. In regard to common ownership, the definition could be changed to eliminate the wording in reference to the same percentage of ownership. The Board feels that, from a technical standpoint, it will be an additional, difficult review step to determine the percentage of ownership. One of the primary intents of this draft legislation was to streamline the review ;o the extent possible without compromising purpose of review. Requiring this level of detail will represent a significant cost o~ time and money by the applicants and the Town. The Board sees ne reason to take the review to this level of detail at this time. If necessary, we can revisit this issue at some future date. : In addition, in order to clari~y that common ownership pertains to Corporations. Trusts. and mqre than one person, perhaps the word person should be changed 1~o owners or other similar nomenclature? C. The word "legallyn should bel eliminated for the same reasons mentioned earlier. This sentehce should be reworded to refer to lots created in accordance with S~ction 100-2LL C(2) It must be clarified whether "a lot size variance" is just that. or whether this sentence refers the reader to the existing Code. Section A106-53. This section is in regard to actions taken by the Board of Appeals between the period from January 1. 1971. and September 5. 1979. During this period, the Board of Appeals made certain determinations involving area variances and/or the relocation of lot lines and/or the setoff of lots. A schedule of such determinations Lot Creation ~nd Merger April 11. 1995 Page 3 was compiled, endorsed by the Chairman of the Planning Board and filed in the Town Clerk's office. This schedule is referred to as the "Grandfather List." If it is possible to separate the area variances from the other actions included on the Grandfather List. then it is suggested thst this be done. and the wording for this section remain as proposed. If it is not possible to separate the area variances from the actions included on the Grandfather List, then it is suggested that the proposal be clarified by rafer~ing to the actions included in Section A106-53 {The Grandfather List) in addition to the nonconforming lots which obtained a lot size variance from the Zoning Board of Appeals. It should be noted that if it lis not possible to separate the actions, there may be a few Cases where a nonconforming lot will be deemed r~erged if it was created by a setoff approved by the Planning Board during the 19~1-t979 time period, and a similar lot will be deemed single and sel~arste if it was crested by a setoff approved by the Zoning Board of Appeals during the same. time period. D. The "re" should be replaced With "in regard to." D(4) A specific date {July 1983) was specified in section C{3) in regard to the single and separate search. This date should be used in placE,. of the 1983 date. E. A procedure will have to be developed whereby the Building Department issues a written determination whether a property falls within an exemption to the merger provision. It is suggested that the procedure be discussed at this time, so that it will be in place when this draft legislation is adopted, The procedure must address such aspects as how merger inquires are directed to the Building Department. and how the written determination will be recorded within the Town Departments; Section 100-2~ (Setbacks for UnderSized Lots) 3(B) The column for the lot areas ifrom 100.000 sq. ft. to 119.000 sq. ft. should be extended to be Istlareas from 100.000 sq. ft. to 119.999 sq. ft. A new column should be created for lot areas from 120.000 sq. ft. to 199,999 sq. ft. Perhaps average setbacks should be established in place of the tablE! format? : 3lC) This section is proposed to qlarify the minimum requirements for cluster developments which dp not have established front, side. and rear yard dimensions. Lots created in a cluster development are not considered nonconforming Iot~ unless a zone change took place after Lot Creation and Merger April 11. 1995 Page 4 the development was approved. Since there are few. if any. cluster developments that have been :made nonconforming due to a zone change, the Planning Board Suggests that this section be eliminated from the proposed legislation and that it be added at a later date to the Cluster- Development section of the Code. Additional Chanqes that must be n~ade to the Town Code if the proposed leqislation is adopted Section '100-32 (A) This existing section conflicts with the proposed legislation and should be eliminated. Section 100-32(B.C and D) These sections should be reviewed for potential conflicts with the proposed legislation. RECEIVED ~tl~ld ?ow~ Cler~ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNE¥ SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING March 6, 1995 Ms. Judith Terry, Town Clerk Town of Southold Main Road Southold, NY 11971 Applicant: Town of Southold Zoning Action: Amendmem to Sections 100-12, 24, 25 and 244 of the Zoning Code. S.C.P.D. FileNo.: SD-95-2 Pm'suant to the requirements of Sections A 14-14 to 23 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 determ'mafion should not be construed as either an approval or disapproval. Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner 220 RABRO DRIVE P.0, BOX 61OO HAUPPAUGE. LONG ISLAND, NY 11788-0099 JUDrr~i T. TERRY TOWN CLERK EEGISTRAR OF VI~AL s'rATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O,. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telepho~B (516) 765-1800 OFFICE OF THE TOWN CLERK TOWi~ OF SOI~THOLD February 24, 1995 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted herewith is proposed Local Law entitled, "A Loca~l Law in Relation to Lot Creat on and !Merger". Please prepare an officlal report defining the Planning Board's recommendations with regard t~ this proposed Local Law and forward same ~Q me. Thank you. Very truly yours, $outhold Town Clerk Attachment JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL '~'TATlSTICS MARRIAGE OFFICER REcoRDS MANAOEMENT OL~FICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-180 l Pursuant to Sections 1323 and 1332 of the Suffolk County Charter the 'town Board of the Town of Southold hereby refers the following proposed zoning action to the Suffolk County Department of Plahning: New Zoning Ordinance X Amendment Of Zoning Coda Amendment of Zoning Map (Change of Zone) Location of affected land: Entire Town of Southold Suffolk County Tax Map No.: Within 500 feet of: X The boundary of any village or town X The boundary of ~ny existing or proposed county, state or federal park. X The right-of-way Of any existin9 or proposed county or state parkway, thruway, expressway, road or highway. X The existing or proposed right-of-way of any stream or drainage channel owned by the County or for which the County has established channel lines. X The existing or proposed boundary of any other county, state or federally owned land. X The Long Island Sbund, any bay in Suffolk County or estuary of any of the foregoing bodies of water. Or within one mile of: ~ Nuclear power plant, X Airport COMMENTS: Proposed Local Law e~titled, "A Local Law in Relation to Lot Creation. and Merger" is attached hereto. Date: February 24, 1995 udith T.c2rerry Southold Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 23. 1995: WHEREAS, there has been presented to the Town Board of the Town of Southold, on the 23rd day of February, 1995, a Local Law entitled, "A Local Law in :Relation to Lot Creation and Merger"; now,. therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this proposed Local Law to the Southold Town Planning Board and the Suffolk County Department of Planning, all in accordance with the Southold Town Code and the Suffolk County Charter.: This Local Law reads as foliows: LOCAL LAW NO. - 1995 A Local Law in Relation to Lot Creation and Merger BE IT ENACTED, by the Town Board ofithe Town of Southold as folloWs: I. Chapter 100 (Zoning) of the Code qf the Town of Southold is hereby amended as follows: 1. Section 100-24 (Lot Creation) ia hereby adopted to read as follows: A lot created by deed or town approval shall be deemed to be leqallv created if any one of the folilowin~l standards apply and if the lots have not merqed: , The identical lot was crt~ated by deed recorded in the Suffolk County Clerk's Office o[~ or before June 30, 1983 and the lot conforms to the followincl minimum lot area requirement(s) when created: fa) Prior to April 9, 1997; any size (b) Between April 9, .1~57 end December .1, 197.1; 20,000 sq. ft. ~c) -Between December 1, '197'1 and June 30~ '1983; A Residential Zone: M Liqht Multiple Residence: M-1 Multiple Residence Zone: C Liqht Industrial Zone: C-1 Heavy Industrial Zone: 40,000 sq. ff. 40,000 sq. fi, 80,000 sq. ~, 40,000 sq. ff. 200,000 sq.~. The lot in question was: approved by the Southold Town Planning Board. 3.~ The lot(s) in question is/are shown on a map approved by the Southold Town Board prior to 1983. The lot(s) in question iq/are approved and/or recognized by formal action of the Board of Appeals prior to 1983. All lots which were not leqalilY created pursuant to the above section shalI not receive any buiidiqq permits. C_~. All lots shall be subject to the meraer provisions of 100-25. Section 100-25 (Merger) is hereby adopted to read as follows: Mer,qer. Nonconforminq parcels of property shall be merged if they have at any time been held[ in common ownership with another parcel which abuts for a common (;ourse of 50 feet or more in distance. The zoninq bulk schedule requirements for the combined ('larger) area shall Definitions. Common owne, rship shall mean that the parcel is held by the same person in the same percentape of ownership as an adioininq parcel. Exceptions. Legally-create~ Iots which meet any of the following cate- .qories shall be exempt forml the Merger provision set forth above and shall not be deemed merged by operation of this law: ~ 'The nonconforming lot bas a minimum size of 40,000 square feet, or 2_) ']-he nonconforming lot fbtained a lot size variance from the Zonin¢~ Board, or The nonconforming lot ~as been held in sinqle and separate ownership from July 1983 to date. Proof re Merqer. The Town Imav require a person seeking determin- ation of merqer to provide art~/or all of the followinq documents for evaluation: Proof of the date when the lot was created and the size of the tot, toqether with a copy ora leqal description of the parcel, all to the satisfaction of the Town; A copy of the current tax map and survey of the lot; A copy of the oriqinal survey of the lot; A title search showinp single and separate ownership of the prop- erty from 1983 to the present time, prepared by a Suffolk County [itle insurance company indemnifyinq the Town of Southold with insurance of $25,000; Other additional information or documentation as may be deemed iqecessary. Effect of Mercier. No buitdin¢l permit or other development entitlement will be issued by the Town until this chapter has been complied with. The Buildin~l Department will issue a written determination whether a property falls within an exemption to the merp~er provision. Section 100-244 (Setbacks for Undersized Lots) is hereby amended to read as follows: This subsection is intended: to provide minimum standards for granting of a building permit for leclally created lots which are made noncon- forming and have not merged pursuant to 100-25 or continued in 3 state of nonconformance by tho adoption of this Article and that were singly and separately ownod as of the effective date of this Article. A nonconforming lot separately owned and not adjoining any lot or land in the same ownership! at tho effective date of this Article and not adjoining any lot or land in (ho same ownership at any time subso quont to such date may be 8sod, or a building structure may bo oroc ted on such lot for uso, in accordance with all tho other applicable provisions of this chapter, provided that proof of such separate owner ship is ~ubmittod in tho form of an abstract of title showing the ¢Jaarcges of title to said lot; which abstract shall bo in the usu=! ferry, shall be certified by an attodney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and ensure title to real propprty in Suffolk county and shall contain a eertification that no contiguous property was owned by an owner of the property involved since tho Cate of any prcviously appliceblo Zoning ~aw. Such lot shall be granted relief for front side and roar yard dimen sions~s4o!!ov,'s required to meet the followin~l: Area (sq. ft.) t00,00o to 119,o00 80~000 to 99,999 40,000 to 79,999 20,000 to ~9,999 Lessthan 20,000 Yard Lot Front Side Both Sides Rear Coverage Width DeCh (ft.) (ft.) (feet) (feet) 10% 7~5 3~0 60 8~5 15 % 6_~0 3~0 6_~0 8_~_5 20% 6_0_0 20 4~5 7~5 20% ~20 ~ 40 15 35 50 20% - 88 .... 100 -.--:35 '-"15- ~ 25 35 ~- In the case of single and separate ownership of a nonconforming lot located in a subdivision platI approved after April 9, 1957, by tho Pqa~ning Board of thc Town iof Southold and filed with tho County Clerk of Suffolk County, relief for all front, side and roar yard and area dimensions shall bo grantodito the extent that such front, side and roar yard and area dimensions were required at the time the map was originally filed with the County Clerk of Suffolk County. If a cluster map was approved by the Planninc~ Board of the Town of Southold and filed with ':~he County Clerk of Suffolk County after April 9, 1957 and shows front, side, and rear yard dimensions, those dimensions shall control over the ones set forth above. 3. Section 100-12 (Exceptions) is hereby deleted in its entirety. All of '[he lots on tho following subdivision maps shall be excepted from tho lot =re= snd lot width roquiremerlts of this chapter, and tho lot areas and lot widths applicable to said lots ~hall bo as shown and designated on said subdivision maps: Green Acres; ~tratmors; Marion Manor; Cleaves Point, Section II; Fordham Acres, Section I; Fordham Acres, Section II; Sterling Homos; Eastern Shores Soction!l Eastern Shores, Section II; Eastorrt Shores, Section III; Eastern Shodos, Section IV; Eastern Shores, Section V; Southold Shores~; Sunny Shor~s; Moose Cove; Nassau Point; Doer Park; Village Manor; G.I. Tuthill; Edgemoro Park; Willow Torra¢.~;; ...... cre.~t Wood.., Gardinors B~y Estates, Section II1; Harvest Homos, Section I; Bayviow Woods Estates; Willow Point; Harbor Lights Estates~, Section I; Terry Waters; Bay Haven; Corey Creek Estates; Estates; Northwoods; Vist~ ~"m ..... ,~ Jacksons Landing; Bennett's,D~'~"~-.~, ~Dcqtes ...... et Knoll., Section 11; Smithfield Park; Par~ .... P ..... , Harbor Lights Estates, Se0t on II; Highwood; Nunnakoma Wators4; Yonnecott Park; Downsvicw; Sodth Harbor Homos; Poconic Shores, Section I; Poconic Homes, Soctirn I; Poconic Homos, Section I1; Poconio Bay Oaks; Laurel Country Esta~eb; Orient by the Sea, Section 11; Cleaves Point, Section III. II. This Local Law shall take effect upon filing with the Secretary of State. *! Underline represents additions ** Strikethroug,h represents deletions. Judith T. Terry Southold Town Clerk February 2~. 1995 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. ]~x 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN ~OARD AT A REGULAR MEETING HELD ON FEBRUARY 23, 1995: 'RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter 44 of the Code of: the Town of Southold, notice is hereby given that the Southold Town Boalrd, in conducting an uncoordinated review of this unlisted action, has de~ermined that there will be no significant effect on the environment. DESCRIPTION OF ACTION: PropOsed "Local Law in Relation to Lot Creation and Merger", which amends Chapter 100. (Zoning) of the Code of the Town of Southold. The proposal has been determined not to have a significant effect on the environrhent because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the proposal be implemented as planned. Southold Town Cler~ Februa~cy 24. 1995 14-164 (2187)--Text 12 PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR I 2. PROJECT NAME TOWN OF SOUTHOLD IA Local Law in Relation t.o Lot: Creation & 3. PROJECT LOCATION: Merger Municipality Town of Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Entire Town of Southold SEQR PROPOSED ACTION: [] New [] Expansion DESCRISE PROJECT BRIEFLY: [] M odification/~lterat[on A Local Law amending Chapter i00 (Zoning) of the Code of the Town of Southold. AMOUNT OF LAND AFFECTED: N/A Initially acres UIt[rnate!y _ acres WILL PROPOSED ACTION COMPLY W~TH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefJy WHAT IS PRBSBNT LAND USE IN VICINITY OF PROJECT? [] Residential [] industrial [] Commercial Describe: = [] Agriculture [] ParldForestlOpen ~pace [] Other -N/A 10, DOES ACTION INVOLVE A PERMIT APPROVAL. OR EUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If yes, list agency(s) add permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PBRMIT OR APPROVAL? [] Yes ~ No If yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION ~'I~L EXISTING PERMIT/APPROVAL REQUIRE MQDIFICATION? []Ye, // i · ICERTiFYTHA~THAT~HE[NIORMA.~O~P~\HE[NFORMA ONP VIDED ABOVE IS TRUE TO THE SEST OF MY KNOWLEDGE _ Signature: ~ ~'V ~/~. . ~ If the action is in the Co~ Coastal Assessmen stal Area, and you are a state agency, complete the Form before proceeding with this assessment OVER 1 Sr=S,~¢'~-N ~ ,m,o be ccmp!eted by Agency' NO NO NO NO C5. Growth, subseduem development, or related activities likely to be induced by the proposed action? NO 06. Long term, short term, Cumulative, or other effects not identified in 6%05? Explain briefly. NO C7. Other impacts (including changes in use of eitner quantity or type of energy)? Explain briefly. NO D. IS THERE, OR IS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL iM?ACTS? ~ Yes ~ No tf Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, impoAen~ or of~he~Jise sig,'~fica~;t. Each effect should be assessed in connection with its Ia) setting (i.e. urban or rarat); (b) prcbabiiity of occdrrin9; (c) ~uratie~; {d) irreversibility; (el geographic scope; and If) magnitude, if necessary, add attachments or reference supporting r~ate¢[a~s. E~surs that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequate!y Addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts whic~ ¢'~A¥ occur, Then proceed directly to the FULL EAF and/or prepare a positive declaration. ~ Check this box if you have determined, based on the informaHon and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmentai impacts AND provide ' attachments as necessary, the reasons supporting this determination: Thomas Town Board in Lead Agency February 23, 1995 2 DRAFT 2/2/95 Local Law No. 1995 A Local Law in Relation to Lot Creation and Merger BE I-r ENACTED, by the Town Board of the Town of Southold as follows: Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 11. Section 100-24 (Lot Creation) is hereby adopted to read as follows: A lot created by deed or town approval shall be deemed to be leqallv created if any one of the followin~ standards apply and if the lots have not merqed: The identical lot was created by deed recorded in the Suffolk County Clerk's Office on or before June 30, 1983 and the lot conforms to the followin~ minimum lot area requirementfs) when created: Prior to April 9, 1957; any size Between April 9, 1957 and December 1, 1971; 20,000 sq. ft. Between December 1, 1971 and June 30, 1983; A Residential Zone: M Liqht Multiple Residence: M-1 Multiple Residence Zone; C Liqht Industrial Zone: C-1 Heavy Industrial Zone: 40,000 sq. ft. 40,000 sq. ft. 80,000 sq. ft. 40,000 sq. ft. 200,000 sq. ft. The lot in question was approved by the Southold Town Planninc] Board. 3_~ The lot(s) in question is/are shown on a map approved by the Southold Town Board prior to 1983. 4_) The lot(s) in question is/are approved and/or recoqnized bv formal action of the Board of Appeals prior to 1983. B.~ All lots which were not era y created pursuant to the above section shall not receive any buildinq permits. C._~ All lots shall be subiect to the mer.qer provisions of 100-25. 2. Section 100-25 (Merger) is hereby adopted to read as follows: Merger. Nonconforming parcels of property shall be merged if they have at any time been held in common ownership with another parcel which abuts for a common course of 50 feet or more in distance. The zoning bulk schedule requirements for the combined ('larger) area shall apply. Definitions. Common ownership shall mean that the parcel is held by the same person in the same percentaqe of ownership as an adjoining parcel. Exceptions. Legally-created lots which meet any of the following cate- gories shall be exempt form the Merger provis on set forth above and shall not be deemed merged by operation of this law: The nonconforming lot has a minimum size of 40,000 square feet, o_Er 2_) The nonconforminq lot obtained a lot size variance from the Zonin¢l Board, or The nonconforming lot has been held n s ng e and separate ownership from July 1983 to date. Proof re Merger. The Town may require a person seekinq determin- ation of merqer to provide any or all of the following documents for evaluation: Proof of the date when the lot was created and the size of the lot, toe, ether with a copy of a leqal description of the parcel, all to the satisfaction of the Town; cop'/of the current tax map and survey of the lot; copy of the oriqinal survey of the lot; A title search showing single and separate ownership of the prop- eft'/from 1983 to the present time, prepared by a Suffolk County title insurance compan'/indemnifying the Town of Southold with insurance of $25,000; Other additional information or documentation as may be deemed necessary. Area (sq. fL.) 100,000 to 119,00~0 80,000 to 99,99_9 40,000 to 79,999 20,000 to 39,99~9 Effect of Merqer. No buildinq permit or other development entitlement will be issued bv the Town until this chapter has been complied with. The Buildincl Department will issue a written determination whether a propertv falls within an exemption to the merger provision. Section 100-244 (Setbacks for Undersized Lots) is hereby amended to read as follows: This subsection is intended to provide minimum standards for granting of a building permit for legally created lots which are made noncon- forming and have not merged pursuant to 100-25 or continued in a state of nonconformance by tho adoption of this Article and that wore singly and separately owned as of tho effective date of this Article. A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at tho effective date of this Article and not adjoining any lot or land in the same ownership at any time subso quent to such date may be used, or a building structure may be erec tod on such lot for uso, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate owner ship is submitted in tho form of an abstract of title showing the changes of title to said lot; which abstract shall be in the usual form, shall bo certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and ensure title to real property in Suffolk county and shall contain a certification that no contiguous property was owned by an owner of the property involved since tho date of any previously applicable Zoning ~aw. Such lot shall be granted relief for front side and rear yard dimen sions as follows required to meet the followinq: Yard Lot Front Side Both Sides Rear Coverage ......... ~,,. (ft.) (ft.) (feet) (feet) 10% 7--5 3--0 6__0 8-5 15% 6--0 3__0 6-0 8-5 20% 6-0 2-0 4~5 7~5 20% 120 140 40 15 35 50 Less than 20,000 20% - 89 100 -- 35 15 25 35 - In the case of single and separate ownership of a nonconforming lot located in a subdivision plat, approved after April 9, 1957, by the Planning Board of tho Town of Southold and filed with the County Clerk of Suffolk County, relief for all front, side and rear yard and area dimensions shall bo granted to the extent that such front, side and roar yard and area dimensions were required at the time the map was originally filed with tho County Clerk of Suffolk County. If a cluster map was approved by the Plannin¢l Board of the Town of Southold and filed with the County Clerk of Suffolk County after April 9, 1957 and shows front, side, and rear yard dimensions, those dimensions shall control over the ones set forth above. 3. Section 100-12 (Exceptions) is hereby deleted in its entirety. All of tho lots on the following subdivision maps shall be excepted from the lot area and lot width requirements of this chapter, and tho lot arcas and lot widths applicable to said lots shall bo as shown and designated on said subdivision maps: Green Acres; Stratmors; Marion Manor; Cleaves Point, Section I1; Fordham Acres, Section I; Fordham Acres, Section II; Sterling Homes; Eastern Shores, Section I; Eastern Shores, Section II; Eastern Shores, Section III; Eastern Shores, Section IV; Eastern Shores, Section V; Southold Shores; Sunny Shores; Moose Cove; Nassau Point; Door Park; Village Manor; G.I. Tuthitl; Edgemere Park; Willow Terrace; Soundcrest Woods; Gardiners Bay Estates, Section I11; Harvest Homes, Section I; Bayview Woods Estates; Willow Point; Harbor Lights Estates, Section I; Terry Waters; Bay Haven; Corey Creek Estates; West Creek Estates; Northwoods; Vista Bluff; Jacksons Landing; Bennett's Pond; Rosewood Estates; Sunset Knolls, Section tl; Smithfield Park; Paradise Point; Harbor Lights Estates, Section III; Highwood; Nunnakoma Waters; Yennecott Park; Downsview; South Harbor Homes; Peconic Shores, Section I; Poconic Homes, Section I; Poconic Homos, Section II; Poconic Bay Oaks; Laurel Country Estates; Orient by tho Sea, Section II; Cleaves Point, Section III. II. qFhis Local Law shall take effect upon filing with the Secretary of State. * Llnderline represents additions. ** Strikethrough represents deletions.