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HomeMy WebLinkAboutLL #20 2017 SOUTHOLD TOWN BOARD PUBLIC HEARING December 5, 2017 7:30 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney William Duffy This hearing was opened at 7:50 PM COUNCILMAN GHOSIO: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8th day of November, 2017, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280-of the Town Code entitled `Zoninj4l" and it is RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 5th day of December, 2017 at 7:30 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 2'80 of the Town Code entitled `ZoninjZ"' reads as follows: LOCAL LAW NO. 2017 A Local Law entitled, "A Local Law in relation to Amendments to.Chapter 280 Zoning, in connection with the Affordable Housing". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To amend Chapter 280 to increase options for affordable housing within the Town of Southold and to increase regulatory compliance and grant funding availability for the same. II. Chapter 280 of the Code of the Town of Southold is hereby amended by adding the underlined words and removing the struck items as follows: Amendments to Chapter 280, Affordable Housing December 5, 2017 page 2 § 280-13-Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C= R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections 13(1), (13) and (14) hereof, are subject to site plan approval by the Planning Board: (17) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in an other residence or vacant lot. Tenants must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Register administered by the Government Liaison Officer prior to the commencement of any tenancy. b. Converted space shall be limited to a maximum of six (6) moderate income residential rental units. C. As a condition of the grantingof f a special exception by the Zoning Board of Appeals property owners must convert said applied for space to residential use within six (6) months rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units and maintain the excepted residential units as affordable residential housing for a minimum period of eight (8) years from the date ofrag nting d All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e. All converted affordable residential housing must have at least one parkin space per unit. f. The premises must be located within a designated hamlet locus (HALO) zone D. Rental permit for accessory apartments. Notwithstanding any prior course of conduct or permission granted, no owner of property shall cause, permit, or allow the occupancy or use of an accessory apartment created pursuant to § 280-13A(6) or § 280-13B(13) without a valid rental permit issued upon application to the Chief Building Inspector.[Added 6-15-2010 by L.L.No. 2-2010] The owner of an accessory apartment in an accessory structure lawfully existing pursuant to § 280-13B(13) shall, in addition to the information required in § 280-131)(1)(a) through(f), provide a certification that: The existing single-family dwelling or the accessory apartment in the accessory structure is occupied by the owner as the owner's principal residence. The other dwelling unit on the subject property is to be occupied by either a family member or a reside an individual who is currently on the Southold Town Affordable Housing Registry and eligible for placement. Amendments to Chapter 280, Affordable Housing December 5, 2017 page 3 LeiRents charged to a tenant from the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to § 280-30F of this Code. The dwelling unit is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. § 280-17.Use regulations. In an R-40 District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (3) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot Tenants must work or reside in the Town of Southold at the time they take possession The eligible applicants must be registered in the Town of Southold Housing egistry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b Converted space shall be limited to a maximum of six (6)moderate income residential rental units. c As a condition of therg antin of a special exception by the Zoning Board of Appeals property owners must convert said applied for space to residential use within six (6) months rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excited residential units as affordable residential housing for a minimum period of eight(8) years from the date of granting d All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e All converted affordable residential housing must have at least one parking space per unit. f The premises must be located within a designated hamlet locus (HALO) zone C. Accessory uses, limited to the following: Same as § 280-13C of the Agricultural-Conservation District. (2) Same as §280-13D of the A-C, R-80 R-120 R-200 and R-400 Districts. § 280-30_General regulations and requirements. A. The Town Board shall require the recording of covenants and restrictions that shall apply to all real property within the AHD District. The covenants and restrictions shall contain terms and conditions as the Town Board and Planning Board deem necessary to insure the property is used for purposes consistent with the purposes for which the AHD zoning classification was created, and they shall Amendments to Chapter 280, Affordable Housing December 5, 2017 page 4 be subject to the approval of the Town Attorney. The covenants and restrictions shall include the following: [Amended 5-3-2016 by L.L. No. 4-2016] C. Eligibility (non-age-restricted). In each AHD, the sale or lease of dwelling units and unimproved lots shall be reserved for moderate-income families who do not have any ownership interest in any other residence or vacant lot. The net worth of an applicant (individual or family) shall not exceed 25% of the purchase price of a home sold pursuant to this section. The eligible applicants shaE-must be grouped on a ,;t ,basis and a loacr-5, system will he registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer within g`r-eu"pin aformula �-7aee£�table t, the T., ,,, Board.r follows: Affiie�uclY 7 29 2008 by L.L. No: 8 200853 2016by L.L.N". ^o 4 201 6] 11x1 Tineomi e eligible individuals or-famlies who have lived inert-he Tn�r_ IAM o Southold in the same sehool distriet as the dwelling unit or-lot for-a period of a least three yearsprior-to the submission of their- a pheat;er, J7Jjneome eligible individuals or families who ha„e lived i the T.,<,.,-, .,f Southold for- a period of at least three yearsprior-to the submission_of thea zr upp ea jahineeme eligible individuals/families who have been employed in the Tovm of Southold for n period of at least thffee m»ra prior-to the submission oftheir appl; (4) ineome eligible i div duals/f mikes who hm,e previously li<znurora mininium of Iffee years in th�'outhold and f=isTr to Ilial m. !Cl T., all other- eligible a pl;na„ta D. Age-restricted (age 55 and over) dwelling units or unimproved lots. The sale or lease of dwelling units and unimproved lots in an age-restricted community shall be reserved for age eligible moderate-income families registered in the Town of Southold Housing Registry, as administered by the Government Liaison Officer in the following ordeTvfpiivrity:[[Amended '7a 7 29 2008 by L.L. No 8 70081 (1�1) income eligible individuals orfamilies where i he head of household is-age-S or over, h have had a priFflary residenee in the To of Southold f a period of at least five years prior-to the submission of the applieation, and do not o real estate. Household annual ineome may not exeeed 0 of the 14UD medi e for- Sia lk County, and n net worthm et e e �LRG ed twice the p —of-the ,,,t to he r, rehased ��eo=eekhible individuals or ilies where the head of householdis e5-5 or who ha, e had aprimary � the l,.,.,-,Tof Southoldf r a period r� f at least f;, years prior-to the subinission of the ,al; at;.,", "„ o not d ,ns vot ti-ovreal estate. Household annual ineoine may not exeeed `vvn 0 of the 14UD madia ineofne for S f-olk County, a„d not worth m of e ed t-wi.e the priee of the ,;t to be r rnhased f Tncome eligible individuals er families where the head of household ; e GG or- over, who have had a priniary residenee in the Town of Southold for a erio of at least five yeafs prior-to the submission of the application, and who will be divested of all real estate holdings within 90 days of the eofftfaet execution wi the pr-qjeet sponsor- (sueh ninety day period may be extended by resolution of the T Board). Household al ineomem not o end 8006_ of the HUD Amendments to Chapter 280, Affordable Housing December 5, 2017 page 5 Fnedian kieetne for- Suffolk Geuftty, and not worth may not exeeed twice the pri of the unit to be ., ,...1..,sed f4h!ReeiRe eligible iiidividuals or-families w-her-e the head of household is age 5-5 er-ever, who have had -esidene€ in the Town of Southold for- per-io a of at least five years prior-to the submission of the appheation, and who m411 be divested of all real estate holdings within 90 da�,s of the eontr-aet exeeutien wit the projeet spenser (sueh ninety day pei:ied may be extended by resolution of the Tl,,,,,, Board). Household annual ineeme may of e eed 1001 of the HUD median income for Suffolk County, and net wei4h may not exeeed twiee the pr-i of the tmit to be pufehased. fajneeme eligible iRdividuals or families where the head of household is age 5-5 or over-, who ha�ve had a residenee in the Town of Southold for-a period of at least five year-sprior-to the submission of the . plie do and who will leo divested Of all real estate heldiRgs within 90 days of the contraet exeeUtion with the projee oponso Household annual ineeme may oto ed 1000% of the 14UD media for Suff-elk County, and net worth may Rot exeeed twiee the priee of the unit to be . J�hOther- ine-eme eligible plieants-age 55 o ever-vv'hose household ra ni'aa -or Suff-elk Geunty, and0 ,-tl may t o ed t, iee the pr-iee of the unit to be„ ,...haled § 280-38 Use regulations. In the Residential Office (RO) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board,provided that not more than one use shall be allowed for each 40,000 square feet of lot area: (6) Conversion of existing space to affordable residential housing_ a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot.. Tenants must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b. Converted space shall be limited to a maximum of six (6) moderate income residential rental units. c. As a condition of therg anting of a special exception by the Zoning Board of Appeals, property owners must convert said applied for space to residential use within six (6) months, rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight (8) years from the date ofrg�anting d. All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. Amendments to Chapter 280, Affordable Housing December 5, 2017 page 6 e. All converted affordable residential housing must have at least one parkin space pace per unit. § 280-41-Use regulations. In the LB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. _ Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and are subject to site plan approval by the Planning Board: (5) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot Tenants must work or reside in the Town of Southold'at the time they take possession The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b Converted space shall be limited to a maximum of six (6) moderate income residential rental units. c As a condition of therg antin of f a special exception by the Zoning Board of Appeals property owners must convert said applied for space to residential use within six (6)months rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted'residential units as affordable residential housing for a minimum period of eight (8) years from the date of granting d All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e All converted affordable residential housing must have at least one parkin space per unit. § 280-44-Purpose. The purpose of the Hamlet Business,(HB) District is to provide for business development in the hamlet central business areas, including retail, office and service uses, public and semipublic uses, as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area. § 280-45-Use regulations. [Amended 5-9-1989 by L.L. No. 6-1989; 12-12-1989 by L.L. No. 23-1989; 7-31-1990 by L.L. No. 16-1990; 5-16-1-994 by L.L. No. 9-1994; 11-26-1994 by L.L. No. 26-1994; 2-7-1995 by L.L. No. 3-1995; 10-17-1995 by L.L. No. 21-1995; 5=6-2003 by L.L. No. 10-2003] In the HB District, no building or premises shall}be used and no building or part of a building , shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), JQ, (3) and (10) hereof, are subject to site plan approval by the Planning Board:[Amended 4-20-2004 by L.L. No. 11-2004] i Amendments to Chapter 280, Affordable Housing December 5, 2017 page 7 One-family detached dwelling, not to exceed ene dwelling an eaeh let. The dwelling must be eeeupied by the A�Amer of-the pr-operty. Two-family dwelling;not to exgeed ane dwelli eget. The &velli nb must be occupied,b),the-owner of t44e property. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception;by the Board of Appeals as hereinafter provided, except Subsection B(10),;which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 6-20-2006 by L.L.No. 8� 2006] (11) Conversion of existing space to affordable residential housing. a.,Tenants shall be reserved to moderate-income individuals and families who do not have-any,ownership interest in any_other residence or vacant lot.. Tenants must,work or reside in the Town of Southold at the time they take possession. The eligible applicants must-be registered in the Town of Southold Housing Retry,'administered by the Government Liaison Officer prior to the commencement of any tenancy. b. Converted space shall be limited to a maximum of six(6) moderate income residential rental.units. c. As a condition of therg anting of a special exception by the Zoning Board of Appeals property owners must convert said applied for space.to residential use within six (6) months rent the units at a rate at or below-the maximum,allowable monthly rent for affordable housing units, and maintainthe excepted residential units as affordable residential housing for a minimum period of eight (8) years from the date ofrg anting I All converted affordable residential housing shall be subject to all'Town and County building code and septic specifications. e. All converted affordable residential housing must have at least one parkin space pace per unit. C. Accessory uses. The following uses are permitted,as accessory uses and, except for residential accessory uses and signs, which are subject to Article XIX, are subject to site plan review: _ a,Accessory uses as-set forth in and regulated by§ 280-13C(1)through (7) of the Agricultural-Conservation District, and subject to the conditions set forth in § 280-15 thereof. Apartments are permitted within the pr-incipal pr—palbuilding on!), subject to the following requirements: LaIThe Building Department issuing an accessory apartment permit. The habitable floor area of each apartment shall be at least 350 square feet. 1L �=y,si=gle stfuettn-e-The Apartment shall have all requisite Suffolk County Department of Health approvals. L4JEach apartment shall have at least one off-street parking space. Construction and/or remodeling of an existing structure to create an accessory apartment shall not trigger the need for site plan approval set i Amendments to Chapter 280, Affordable Housing ' December 5, 2017 page 8 forth specifically in § 280427 and Article XXIV in general unless such construction or remodeling result's in an increase of the foundation size of the structure. ff The apartment(s) shall not comprise more than 50 40% of the principal building. (g) Each,apartment ori the subject property is to,be occupied by either, a property owner's immediate-family member or an individual who is registered on the Southold�Town Affordable Housing Registry and is eligible for placement prior to possession being taken. § 280-48 Use regulations. B. Uses permitted by special exception by the Board,of Appeals. The following uses are permitted as a special exception;by the Board of Appeals as hereinafter provided, except Subsection B(17),.iwhich may be permitted as a special, exception by the Planning Board, and all such special exception uses shall be subject to site,plan approval by the Planning Board. (18) Conversion of existing_space_to affordable residential housing: a: Tenants shall be reserved,to moderate-income individuals and families who do not have any ownership interest in any other residence,or vacant lot Tenants must work or reside in the Town of Southold at the time they take possession The eligible gpplicants must be registered in the Town of Southold Housing Registry administered by the Government Liaison, Officer prior to the commencement of any tenancy. b Converted space shall be'limited to a maximum of six (6) moderate income residential rental units. c As a condition of therg antro of a special exception by the Zoning Board of Appeals property owners must convert said applied for space to residential use within six (6) months tent the units`at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period-of eight(8) years from the date of granting d. All converted affordable'residential housing shall be subject to all Town and County building code and septic specifications. e. All converted affordable',residential housing must have at least one parkin space pace per unit. f § 280-58 Use regulations. B. __Uses permitted by special exception of the Board of Appeals. The following uses are,permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection 11(10),'which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 5-23-1989 by L.L. No. 7-1989; 4-28-1997 by L.L. No. 6-1997; 11-12-1997 by L.L.No. 26-1997; 2-12-2013 by L.L. No. 2-2013; 6-17-2014 by L.L. No. 7-2014] (11) Conversion of existing space to affordable residential housing. Amendments to Chapter 280, Affordable Housing December 5, 2017 page 9 a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot. Tenants must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b. Converted space shall be limited to a maximum of six (6) moderate income residential_rental units. c. As a condition of therg antin of f a special exception by the Zoning Board of Appeals property owners must convert said applied for space to residential use within six (6) months rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight(8) years from the date ofrgranting d. All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e. All converted affordable residential housing must have at least one parkin space per unit. f. The premises must be located within a designated hamlet locus (HALO) zone § 280-62-Use regulations. In the LI District, no building or premises shall be used and no building or part'of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 4-28-1997 by L.L. No. 6-1997; 2-12-2013 by L.L. No. 2-2013; 6-17-2014 by L.L. No. 7-2014] (18) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant' lot.. Tenants must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b. Converted space shall be limited to a maximum of six (6) moderate income residential rental units. c. As a condition of therantin of f a special exception by the Zoning Board of Appeals property owners must convert said applied for space to residential use within six (6) months rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing Amendments to Chapter 280, Affordable Housing December 5, 2017 page 10 for a minimum period of eight (8) years from the date ofrg anting d. All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e. 'All converted affordable_residential housing must have at least one parkin sg_paceep r unit. III. SEVERABILITY If any clause,-sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to,be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I do'have here a signed affidavit that this hearing was noticed in the Suffolk Times, I also have a signed, notarized affidavit that this was posted on the Town Clerk's bulletin board and on the website. I also have a letter here from Suffolk County that this is a decision for local determination and should not be construed as either an approval or disapproval. Thaf'•s it. SUPERVISOR RUSSELL: Okay. I am just going to ask the Board members to please sit as close as we can to the microphone so everyone can hear? Would anyone like to address the Town Board on this particular local law? Pat? PATRICIA MOORE: Good evening, Patricia Moore. I would like to comment very short and sweet to begin with. If you want affordable housing, then the special permit process is not the way to do it, it is to make it a permitted use. You have here a method where it's going to have to go the Zoning Board for a special permit, that adds at least a year and thousands of dollars of the process, you are also having the individual, after the permits are approved, go through a site plan process. If you want to encourage this use and you identify the parameters including that it's to be done within the HALO zone so you already know the areas in town that are permitted, the. HALO zones and from prior studies, that"s the way you are going to get even the slightest chance to get a project going because a zoning board application is months and months of delay and an extremely expensive process. And then after that, then go for a site plan review. You also have a public hearing in January regarding special exceptions and the time frames that are so restrictive that have been imposed withiri this local law, you have the implementation is to be six months within the time a special permit is granted. You can't complete a site plan review and health department and any other agencies including funding if there are sources, within that time frame. So you are creating, I think modifying the code to give flexibility and additional time because of the recognition of the six month short time frame is impossible. If you want to have a provision that the affordable will be implemented, than make it six, months from the time a' building permit is issued or a CO is issued or some time frame that is reasonable. What you have written here is unreasonable. And again, it's a policy decision but if you really want affordable, this is just not'the way to do it. Make if a permitted use. The site plan process can address all the issues, you designate, you have already designated there, you said you wanted-affordable, Amendments to Chapter 280, Affordable Housing December 5, 2017 page 11 then it's just a question of parking and circulation and things like that. the special permit process is just one additional burdensome process. Thank you. SUPERVISOR RUSSELL: I can appreciate that. First'the site plan process can be waived by the Planning Board- at any time. Secondly, you- know, we are adding a new and, it's a pretty substantial change to the current code, so I don't think, you have to remember that when you are going to add a use, the public has a right to comment and that's where the ZBA has an opportunity to hear the rest of the public who might have a different idea of what they want to' see for that site or they might think up to six is to intense a use and they are looking for three or four. We have to have that flexibility in looking at that application on a site by site basis. MS. MOORE: I understand that but so far, every time that it's gone through a process and the public, it's usually the opposition is obviously all the neighbors and policy is always the denial, so you have to make a decision, if you want and again, the Planning Board has the discretion, they have denied things where there's just not enough land for the circulation of the use. So, somebody may think they can squeeze six units into one acre property and it may just be impossible and three units, four units, there is a ratio and again, it's site plan. But to again, you have my feelings about,the special permit. I think it's just, it's just not happening out here. We are just not getting affordable and we have to make it easier to implement an affordable. So there might, there must be some properties in town that have come to you and said, we'd like to convert the building, so I am hoping that you have already got an idea of where some of these might go. That would be great. But if you already know where they are going to go, then why the special permit? SUPERVISOR RUSSELL: We.... MS. MOORE: Site plan has a public hearing process. SUPERVISOR RUSSELL: Well, the idea,would be to waive the site plan process. MS. MOORE: I have never seen the Planning Board waive any site plan process. SUPERVISOR RUSSELL: Well, they have the authority. MS. MOORE: And now we even have ag uses that are site planned. SUPERVISOR RUSSELL: I disagree with those. In most instances, I disagree with those and for many years I have been saying they should waive it. my understanding is they have waived at least some of the more negligible ones, modest ones from time to time. I do not know, they should be. I agree. MS. MOORE: Thank you. SUPERVISOR RUSSELL: Just the thing on the special exception, also we haven't really had people come up with specific locations, what they had was a specific concept, saying look, I am a business owner, I can't find housing for my people. Give me an avenue in the code where I Amendments to Chapter 280, Affordable Housing December 5, 2017 page 12 can do that. let me find a place and let me get people in there, so that's really where that got fueled from. MS. MOORE: Let me ask, is it taking away the accessory apartment provisions that are already in the code or is it adding another provision? SUPERVISOR RUSSELL: It's adding. MS. MOORE: Okay, so section 17 will be if you want more than what is up to two or three in the code, you can have up to a certain number. SUPERVISOR RUSSELL: Yes, it removes the accessory and allows it as a principal, is really what it does. So you can go up to six now. the problem with the accessory, we tried to expand apartments in the downtown, it didn't work. MS. MOORE: Right. SUPERVISOR RUSSELL: So we have to keep trying all these different avenues and hopefully something will get produced. MS. MOORE: There is also another provision here about one principal use per 40,000 in the RO zone, what's the thought? That a business would be one use and then apartments would be another? Or, why are we putting the limitation? SUPERVISOR RUSSELL: I think that's the existing bulk schedule in the RO? MS. MOORE: The RO has a bulk schedule, yes, but... I SUPERVISOR RUSSELL: I thought 40,000 square is the bulk schedule. MS. MOORE: Yes, per use. So I don't know if it's from.... SUPERVISOR RUSSELL: It's considered a use. Up to six apartments still considered one use. MS. MOORE: That will be one use? SUPERVISOR RUSSELL: Yes. MS. MOORE: Okay, then you can't combine it with a b usiness? That is, existing business? SUPERVISOR RUSSELL: Well, it's a second use that you, if you went through the ZBA process you can discuss that. or you would come in on the accessory component which would give you the three. Right? MS. MOORE: Right, you can do the three...but not the six. Okay, thank you. Amendments to Chapter 280', Affordable Housing December 5, 2017 page 13 SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on this particular local law? DOUG ROBERTS: Good evening, Doug Roberts, Greenport. Full disclosure, I am a Village Trustee in Greenport. I am not here representing the Village Board or our Mayor. I am here as a citizen, an advocate for housing. Bumped into the government liaison at the county legislature a couple of weeks ago, we both went and made our pitch for more Help and what I said to the county legislature was, let's think inside the box, so what I mean by that is let's use the existing space that we have to build more housing. I want to commend all of you for pushing this,and my constituents tell me all the time'when I say, let's get more housing, let's let our young people stay here, they say well, the village is doing its part, it's time for the town to step up. So I'want' to say thank you'for stepping up. A few things I wanted to ask about the eight year restriction or eight year term limit on that. What's the thinking there and can you tell me more about that? SUPERVISOR RUSSELL: Why it ends at eight years? MR. ROBERTS: Right. SUPERVISOR RUSSELL: I think what we needed to do was recognize that it is commercial property and we didn't want to have the perpetuity component that you would have as a normal affordable housing because we are really not making a concession, we are just adding a use to the code. So we wanted the assurance that we were going to get eight years out of that apartment. That's where that came from. The owner, at a certain point, might want to return that property to a commercial use. And that is in'the commercial zone so'we didn't want to eliminate that possibility down the'road. You know, the markets change. Right now the demands for apartments are a lot greater than the demands for an office or the commercial space which is why there is so much vacant. So the demand would hopefully be met now by the apartments. But ultimately that might shift a little bit and we might be able to create apartments elsewhere. I actually think in the near future we are going to have something (inaudible) that everyone is going to be very happy about. MR. ROBERTS: Okay. I wanted to throw out Cedar Fields, you,are all familiar with that, outside of the incorporated Village. SUPERVISOR RUSSELL: Yes. MR. ROBERTS: I hear from a lot of people around town that Cedar Fields is becoming, you know this was 10 years or so ago, so that 8 year time period just lapsed and in that time frame, Airbnb becomes this economic phenomenon. So now you have got people holding on'to their homes because they couldn't afford to buy it now and someone comes in and makes it to a short term rental, so I was wondering if there might be some wisdom in thinking about making this period longer? I want to echo Ms. Moore's comments, if you look at the Village's code, chapter 159-18, we have a very simple streamlined process for residential over retail. And I wish it had produced more housing, it hasn't. it's very expensive as I think everyone knows, you have got to put in all the fire systems and all of that, that's how people come and knock me, they say who is going to develop that space? If we are going to ask them to spend all that money to get_it up to Amendments to Chapter 280, Affordable Housing December 5, 2017 page 14 international building code, let's make it easy. And you know, not for nothing, I think we have all watched a process in the Town of Southold where the majority, the overwhelming majority in the community wanted a new sports facility called Sports East and it got kind of stuck in your statutory board's processes so I want to echo Ms. Moore and say, if you can streamline this and make is so that it's sort of as of right, it has got to fit code, pass inspection but then the housing gets built. I think that would help. I also want to point out, for the HALO zones that are near the Village, everyone knows the Village has a wastewater treatment plant, so give me a call if you need help, making sure we can get extensions built as things get built out there. I also want to make another plea, I have always been an advocate, you and I have talked about this before, Mr. Supervisor, the Community Preservation Fund is not controlled by the Village, you guys,control it. you can spend up to 20 percent on water quality improvement, I hope this might be the thing that gets you to think about using this money for water quality improvement, specifically sewer hookup fees for structures that might get renovated to put housing into it. this is a good time to think about that, as you are pushing this way. As you know, you'have to put a referendum on the ballot in the fall and people would vote on it and the second thing is that I am pushing our Village, I am asking our Mayor to send someone to this meeting on the 19th, for the county water. It's an acronym, WPQRP, it's the quarter percent sales tax, so if the two governments work together to make sure that homeowners in the town, homeowners in the village want to add more housing can get access. Outside of the village you have to pay a hook up fee. So I hope you will push for those funding streams because sewer hookup fees are not cheap, they cost the Village a bunch of money but we if we get one on the wastewater treatment plant, no one can be upset with the increased density because we won't be,hurting the environment. So,thank you for listening. SUPERVISOR RUSSELL:, Thank you very much., Would anybody else like to address-the Town Board on this particular local law? (No response) This hearing was closed at 8:04 PM Elizabeth A. Neville Southold Town Clerk, STATE OF NEW YORK DEPARTMENT OF STATE ANDREW MI Cuow.o ONE COMMERCE'PLAZA GOVLR.-OR 99 WASHINGTON AVENUE ALBANY.NY 12231-0001 ROS RO;ADO SECCRET RETFRl Of S1l.1L vWwnl DOS NY GOV t January 12, 2018 RECEIVED Lynda M Rudder Deputy Town Clerk JAN 1 9 2018 Town Hall, 53095 Main Road. PO Box 1179 Southold NY 11971 Southold Town Clerk RE: Town of Southold, Local Law 20 2017, filed on December 26, 2017 Dear Sir/Madam: The above referenced material;was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.gov. Sincerely, State Records and Law Bureau (518) 473-2492 f i NI "'ORK Department sTAi c or OPP111 RTUNITY. Of State STATE OF NEW YORK RECEIVED DEPARTMENT OF STATE ONE COMMERCE PLAZA ��� I ® �o�e, ANDREW NI CUOmC) WASHINGTON ASHINGTON AVENUE @ dW GOVLAuaR ALBANY.NY 12231-0001 ROSSANA ROSADO W1AM/DOS NY GOV SCORE 7FRY OI $1(.T[ Southold Town Clerk January 10, 2018 Town Clerk RE: Town of Southold, Local Law 20 2017, filed on December 26, 2017 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.gov. Sincerely, State Records and Law Bureau (518) 473-2492 I NEW ,9RK Department STAT C O! OPPORTUNITY_ of State � r' ELIZABETH A.NEVILLE,MMC Q ,^ " �%'„ Town Hall,53095 Main Road TOWN CLERK '- P.O.sox 1179 { Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 631 = . '< Fax 765-6145 �' - ( ) MARRIAGE OFFICER F • Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ° ® ` www.southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 15, 2016 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Law listed below on Decemb'cr-5,.20T7 at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280,Zoning, in connection with the Affordable Housing Please sign this letter and return to me at your earliest convenience. Thank you. Southold Town Clerk Attachments 1 , cc; Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island ; Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA village of Sign e,Received by Date Please print name Title 1, ti ELIZABETH A.NEVILLE,MMC 'Y `b f "",dP ��°?0' Town Hall,53095 Main Road TOWN CLERK '° ` ' x P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS �< s- ';,q` 4' + P'T Fax(631)765-6145 �•.. mom. 'V MARRIAGE OFFICER , r, ,4� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER " ,a`'� " ? '. lig www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERIC TOWN OF SOUTHOLD ; September 15, 2016 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Law listed below on December-5,2017 at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Lave in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing Please sign this letter and return to me at your earliest convenience. Thank you. i 11 s atli,/l.'Wvf10 Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island- Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greeiaport Signature, Received by Date urtt�?oI& PICtn- n� Pleasc print name Title 611[ • FROM;(PLEASESuthold TQ�n Clerk ' 7�O�i 18nJ0 I-lllllll l llll 111 lllll illll l 111 IIII IIIII I III IIIII III IIII IIIIIIII II II I Town of Southold EK 222962228 US, PO Box 1179 Southold, NY 11971 PRIORITY � UNITED STATES * MAIL -* POST13LSERVICE® EXPRESSTM. I IIIENTW ACCOUNT(if applicable) USPS®Corporate Acct No Federal Agency Acct No or Postal Service'"Acct No - IM-9►5 [ORIGINiit5[�_IVE9Y_0PTIONS(Customer Use Only) ONLY) ❑SIGNATURE REQUIRED Note The mailer must check the'Signature Required'box if the mailer 1) ❑1-Day 2-Day ❑Military ❑DPOy,» Requires the addressee's signature,OR 2)Purchases additional insurance,OR 3)Purchases COD servos,OR 4) Purchases Return Receipt service lfihe box is not checked,the Postal Service will leave the item in the addressee's PO ZIP Code Scheduledelivery Date Postee mail receptacle or other secure location without attempting to obtain the addressees signature on delivery 1Sp r�^ ` , Delivery Options 22 ❑No Saturday Delivery(delivered next business day) iii -111 I( ❑Sunday/Holiday Delivery Required(additional fee,where available*) Date AFlo ed MM/DD ❑10 30 AM Delivery Required(additional fee,where available') /Y1') Schedul d Del Time Insurance Fee OD Fee 'Refer to USPS corn®or local Post Office'"for availabili • (0 I ❑10 30 AM 3 00 PM $ $ t ❑12 NOON 'TO:(PLEASE PPINT) PHONE( ) Time Accepted 10 3 AM Delivery Fee Ret Feceipt A ve Animal �❑AM .. irraTrspQrtabon Fee NYS Department. Off' State 7 r 11 PM $ � $ $ State Records s La Bureau _ Weight Flat Rate SundayM>g PrbqILim Fee Total Postage&Fees One Commerce Plaza $ Acceptance Employee Initials 99 Washington Avenue be oza $ S ( !! %p-� ` jNY 12231 [DELIVERY(POSTAL SERVICE USE ONLY) ZIP+4e US�D�hESSES��NLY Delivery Attempt(MM/DD/YY)Time Employee Signature El AM - 1 0 P Em _ 0,For pickup o CUSPS TrackingTM,visit USPS coni Delivery Attempt(MM/DDA^O Time ployee Signature or call 800-222-1811. C1 AM - ■ $100 00 insurance included. ❑PM LABEL 11-B,JANUARY 2014 PSN 7690-02-000-9996 2-CUSTOMER COPY L. Pt� SQga_sqd a� • ECTION COMPLETETHIe e e ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X �o Rgent so that we can return the card to you. ❑Addressee • Attach this card to the back of the mailpiece, B. Received by(Printed Name, C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery addressi � ro item*1? 13 Yes f std �;r If YES,enter`del°iQ address be ur�_y '❑No Un�i •O.�vn �O10o -I ,r1l, �n��.J�Q` uY1IIIII 11111 I I III III I VII I Service Type ❑Priority Mail Express® d Adult Signature q Registered MaIITM ❑Adult Signature Restricted Delivery b Registered Mail Restricted Certified Mad® Delivery 9590 9402 2663 6336 3044 97 ❑Certified(flail RQstricted Delivery ❑Return Receipt for b Collect on De((very Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature Confirmationlu 2. Article-Number(Transfer from service label) q signature Confirmation ( • : - - —r� IJ Insured Mad Restricted Delivery .7 010 10 6 -0001i 15!: 0,�.9 9 5 W ❑Insured MaiILRe;triFted Delivery l, ,,, + (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt OMPLETE THIS SECTION Cam LETETHfS SECTION ON dELIVEA*k v4 ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverseXis.\' 13 Agent so that we can return the card to you. �►1 ❑Addressee, B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the beck of the mailpiece, � or on the front if space permits, 0 \3� 0 l% 1. Article Addressed D. Is delivery address different-from item 1? ❑Yes L � a�lz If YES,enter delivery address below: [3 No � . Co,�, III IIII IIIII�IIIII III V III V III III III 3. Service acre ❑RegiiteredMall"'m , ❑Adult Signature ❑Registered MaiIT"^ ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted Pfcertified Mail® Delivery 9590 9402 2663 6336 3045 03 1:1 Certified Mail Restricted Delivery ❑Return Recelpt for Q Collect on Delivery Merchandise 2. Article-Number—Mransfer from serviceabet) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM -i ❑Insured Mail q Signature Confirmation 7 01r D .10 6 0 a0 ,y,57❑4 �j 7 l7 Insure Mai Restricted Dgglivery Restricted Delivery c. �r(yy�' r)�rrrrrfl)ilrr�r _ PS Form 3811,JUly 201 PSN 7530-02-000-9053 - - Domestic Return Receipt °0 °�caJL�JII vl1l��I5tTi�1 � MIuD���,�T CDi]Q[I� i [ ��U13 it u�/yQ{�n t�/ ��[y�t0l6l��tfrdlr�valS�l` �° ®o maw ryh, •a- ° o a D o - LL%l•1G •-"" J]4�+LJ Wucz".u'�"u`�.� e ,o ° o o•a ,T, Er iPl4 c3 L L C3 Postage $Ln �0, 0 � Ln Postage $ so�',�y- ul r- e r=1 - -f Certified Fee f "std` '� Certified Fee r� r=1r q I�Ipark. ❑ Return Receipt Fee He N C3 Return Receipt Fee e 0 (Endorsement Required) y, ® ,, (Endorsement Required) ?o!j O ;i, yJ ,, �' ❑ Restricted Delivery Fee Restricted Delivery Fee s, C3 (Endorsement Required) q$? ` r3 (Endorsement Required) ❑ Total Postage&Fees Total Postage&Fees r-9 ❑ .�_ -�_ll C�J � e_ 0 Segt TO. 1 I L l _._S.2l T ` e— G.ir .. Bi':ea-- s�_. Fe' Apt No.; -` p /�nn r �_`Q_ ,L_. 0 eat A L o. or PO Box No. -------- lti or OBoxtUo. _w ------ 09 __ -r airy-t ,ZIF+4 /p City, tate,[thf+p� - ���G � o oli'J,[ Q USPS TRACKING# First-Class Mail Postage&Fees Paid USPS Permit No.G-10 9590 9402 2663 6336 3044 97 United States •Sender:Please print your name,address,and ZIP+4®in this box" Postal Service �OFFO[K OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD ® ELIZABETH A NEVILLE,TOWN CLERK poi# �a3 P.O.BOX 1179 SOUTHOLD,NEW YORK 11971 U�Spi3RAB First-Class Mail -� Postage&Fees Paid } USPS ' Permit No.G-10 9590 9402 2663 6336 3045 03 United States °Sender:Please print your name,address,and ZIP+4®in this b i x• Postal Service OFFICE OF THE TOWN CLERK �oo��FK TOWN OF SOUTHOLD j ® ELIZABETH A.NEVILLE,TOWN CLERK ag P.O.BOX 1179 SOUTHOLD,NEW YORK 11971 .,lllul�l,11111111�1�1'Ill�i�llIJill,IJill)111�)I�I�I�f�llll,ln ELIZABETH A. NEVILLE,MMC �® �� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 US REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER *� ®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®.1 �� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 20, 2017 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law-in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long-Island`State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department 01 r Date: /7 gnature, Received y e Y�m S?. -r Title: ¢ 1 P ease print name DUPLICATE TO.BE SIGNED AND,RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A.NEVILLE,MMC ® Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS . . Fax(631)765-6145 MARRIAGE OFFICERt Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 20, 2017 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department t Date: Signature, Recei d By /—I G?)f'44 Title: LAND .Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK r THA. NEVILLE MMC r' Town Hall,53095 Main Road ELIZABE TOWN CLERK P.O.Box 1179 '. �: .' Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER „ ' ' . �' J; Telephone(631)765-1800 i RECORDS MANAGEMENT OFFICER , www southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD + PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Law listed below on December 5,2017 at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable y Housing Please sign this letter and return to me at your earliest convenience. Thank you. Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees "j Southold Assessors Southold ZBA Village`f Gr ort rG� _i�-2 - Signatures Rec ed by Date e., Please Please print name Title ELIZABETH A.NEVILLE,IMMC Town Hall,53095 Main Road P.O.Box 11 7R TOWN CLERK Southold,New Ybrk 1-19 1 d 7 REGISTFLAR OF VITAL STATISTICS Fai(631j7,65-'6145' MAj?,MGE-OFFICER Telephone,(631)7�54 800 P1;C0R17§MA.&TAGEMENT OFFICER w%"w.soufholdtxnvrffiy.goV FREEDOM OF WORMATION OFACER OFFIC-E110F THE TONVN CLERK TOWN OF SOTJTIIQLD September 15,,2016 PLEASE TAKE NOTICE that the Town Board of the ToWn of�Sauthold ENACTED the�proposed Local Law listed below on December 5,.2017 at the Southold Town Hall, 53095 Main Road, Southold,Nor: A Local Law in relatioft to Amendments to Chapter 2180,Zoning,in connection With the Affordable Housing Please sign this letter,tad return to me-at-your earliest convenience. TbAnk you. "j'4 4 Eliza Scju&jd�,_TqWn Clerk Attachments' cc: Sufflolk County Dept of Planning Long Island State-Park Commission F-miffl: Town of Riveilicad Town of Shelter Island Town-of So' uthampten Southold Building Dept Southold Planning Dept S o4h o I d_Trust'_ee',s Southold Assessors Southold Z-,BA- Village eenport reenport e S. attire,Red eiv �d by Date f 10 f lea ac Up r 1'Zntrn a§rne Title 12/2012017 18:56 6317493436 S I TOWN CLERK PAGE 01 1•uT�V��4^ r ELIZABETH A.NE'VILLE,MMC ya $ 49L-0 I Town Hall,53095 Main Road TOWN CLERK 4 P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VTTAL STATISTICS ,^'Xr► r',' Fax(631)765-6145 MARRIAGE OFFICER �' & 1V Telophone(631)765-1800 RECORDS MANAGEMENT OFFICER °}h' �f y`i`p` www,southoldtowimy.gov jo FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 15, 2016 PLEASE TAKE NO'T'ICE that the Town Board of the Town of Southold ENACTED the proposed Local Law listed below on December-5,2017 at the Southold Town 14all, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280, Zoning, in-connection with the Affordable Housing Please sign this letter and return to me at your earliest convenience. Thank you, ?lir a.th A, cvi114 Southold Town Clerk Attachments cc: Suffolk County Dept of Plaxming Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport 1Q ignaturCC, cPei ved y Date _ rw7a ..--- Please print arae Title i "" Town Hall,53095 Main Road ELIZABETH A.NEVdLL]E,IMC �� , ;F,;���->��,. , CLERKa :,`` P.O.Box 1179 TOWN CLE a' sem' R Southold,New York 11971 ti _`„ REGISTRAR OF VITAL STATISTICS � ��; � �,� Fax(631)765-6145 MARRIAGE OFFICER ` M Telephone(631)765-1800 ' RECORDS MANAGEMENT OFFICER www.southoldtownny.gov �v FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 15, 2016 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Law listed below on December 5 2017 at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Dousing Please sign this letter and return to me at your earliest convenience. Thank you. Eliza Lh_tL..l�lev� le. '' Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport 12, a ) 7 Signature, Received by Date _Iezo Please print name Title 12120/2017 12:51 6312835606 SOUTHAMPTON TOWN CLK PAGE 01/01 A.NEVILLI MMC 1S � F PLS' � ''Town Hall,53095 Main Road L+L1LZAd3 TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITA.STATISTICS Fax(651)765.6145 MARRIAGE OFFICER Telephone(631)76S-1800 RECORDSMANAGEMENTOFFICER „�+ '�,� www,southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TowN OF SOUTHOLD September 15,2016 PLEASE FAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Law listed below on Decem•6cr.5.2017 at the Southold Town Hall, 53095 Main Road, Southold,NY: A.Local Law in.relation to'Amendments to Chapter 280,Zoub% in connection with the Affordable Housing Please sign this letter and return to me at your earliest convenience. Thank you, Illza th A.Wvile, Southold Town Clerk Attachments cc: Suffolk County Dept of Pl=itzg Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island' Tows,of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southbld Assessors Southold ZBA Village of Greenport Signature,Received by Date unt)in Please print.name Title vVa�1 7*M R++,�• � ELIZABETH A.NEVItLLE,MMC ,�L7�'�,�4 Town Hall,53095 Maim Rond + » P.O.Box 1179 TOWN CL>C1 K r ts Soutbold,Now York 11971 REGISTRAR OF VITAL STATISTICS � � Fax(G31,)765-6145 MARRIAGE OFFICER �`�, ,�'+� Telephone(631)765.1800 RECORDS MANAGEMENT OFFICER �� ' * ' �� www.southoldtownny.gov PMEDOM OF INFORMATION OFFICFR OFFICE OF THE TOWN CLERK TOWN OF SOUTII:OLD September, 1.5, 2016 PLEASE 'FAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Law listed below on Deember 5,1017 at the Southold Town Hall, 53095 Main load, Southold,NYS A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing Please Sign this letter and return tome at your earliest convenience. Thank you. L�� 1 izeV,h A.N r Southold Town Clerk A.ttachttents cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead 'Town of Shelter Island Town of Southampton Southold Building Dept Southold Plannin$Dept Southold Trustees Southold Assessors Southold ZBA V llage of eenp rt (fI Signature, Receive'd by Date Please print name Title fyr� �*afFOL ' ELIZABETH A.NEVILLE,MMC �y� '` �;� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold New York 11971 REGISTRAR.OF VITAL STATISTICS4� Fax(631)765-6145 MARRIAGE OFFICER Yl Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ' � ,' www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 15, 2016 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Law listed below on December 5, 2017 at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing Please sign this letter and return to me at your earliest convenience. Thank you. Eliza th A. NcvJ11e Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village f Greenport r 1 Lq 06 Signature, Received by/ / Date nark— Please print name Title ELIZABETH A. NEVILLE, MMC ® Town Hall,53095 Main Road TOWN CLERK a P.O.Box 1179 co 29 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER °�Q� �,�® www.southoldt6wnny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 20, 2017 Express Mail LEK202962228LJS--/; RE: Local Law No. 20 of 2017 Town of Southold, Suffolk County New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany,NY 12231 Dear Sir/Madam: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 20 of 2017 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, 0 q\,L"4---- - I-- Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET .Local Law Filing ALBANY,NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City Q Town of SOUTHOLD ❑ Village Local Law No. 20 of the year 2017 . A Local Law entitled, A Local Law in relation to Amendments to Chapter 280 Zoning, in connection with the Affordable Housing Be it enacted the Town Board of the: ❑ County ❑ City Q Town of SOUTHOLD ❑ Village I. Purpose. To amend Chapter 280 to increase options for affordable housing within the Town of Southold and to increase regulatory compliance and grant funding availability for the same. II. Chapter 280 of the Code of the Town of Southold is hereby amended by adding the underlined words and removing the struck items as follows: § 280-13-Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected.or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14)hereof, are subject to site plan approval by the Planning Board: (17) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot. Tenants (If additional space is needed,attach pages the same size as this sheet, and number each.) DOS-239(Rev 05/05) 1 must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b. Converted space shall be limited to a maximum of six (6)moderate income residential rental units. C. As a condition of the granting of a special exception by the Zoning Board of Appeals, property owners must convert said applied for space to residential use within six (6)months,rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight(8) years from the date of granting d. All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e. All converted affordable residential housing must have at least one parking space per unit. f. The premises must be located within a designated hamlet locus (HALO) zone D. Rental permit for accessory apartments.Notwithstanding any prior course of conduct or permission granted,no owner of property shall cause,permit, or allow the occupancy or use of an accessory apartment created pursuant to § 280-13A(6) or § 280-13B(13) without a valid rental permit issued upon application to the Chief Building Inspector.[Added 6-15-2010 by L.L. No. 2- 2010] (3) The owner of an accessory apartment in an accessory structure lawfully existing pursuant to § 280-13B(13) shall, in addition to the information required in § 280-131)(1)(a) through(f),provide a certification that: (a) The existing single-family dwelling or the accessory apartment in the accessory structure is occupied by the owner as the owner's principal residence. (b) The other dwelling unit on the subject property is to be occupied by either a family member or an individual who is currently on the Southold Town Affordable Housing Registry and eligible for placement. (c) Rents charged to a tenant from the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to § 280-30F of this Code. (d) The dwelling unit is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. § 280-17 Use regulations. In an R-40 District,no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (3) Conversion of existing space to affordable residential housing. 2 t (a) Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot. Tenants must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Governinent Liaison Officer prior to the commencement of any tenancy. (b) Converted space shall be limited to a maximum of six (6)moderate income residential rental units. (c) As a condition of the granting of a special exception by the Zoning Board of Appeals,property owners must convert said applied for space to residential use within six (6)months, rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight(8) years from the date of granting (d) All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. (e) All converted affordable residential housing must have at least one parking space per unit. (f) The premises must be located within a designated hamlet locus (HALO) zone C. Accessory uses, limited to the following: (1) Same as § 280-13C of the Agricultural-Conservation District. (2) Same as §280-13D of the A-C, R-80, R-120, R-200 and R-400 Districts. § 280-30 General regulations and requirements. A. The Town Board shall require the recording of covenants and restrictions that shall apply to all real property within the AHD District. The covenants and restrictions shall contain terms and conditions as the Town Board and Planning Board deem necessary to insure the property is used for purposes consistent with the purposes for which the AHD zoning classification was created, and they shall be subject to the approval of the Town Attorney. The covenants and restrictions shall include the following: [Amended 5-3-2016 by L.L. No. 4-2016] C. Eligibility(non-age-restricted). In each AHD, the sale or lease of dwelling units and unimproved lots shall be reserved for moderate-income families who do not have any ownership interest in any other residence or vacant lot. The net worth of an applicant(individual or family) shall not exceed 25% of the purchase price of a home sold pursuant to this section. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer D. Age-restricted (age 55 and over) dwelling units or unimproved lots. The sale or lease of dwelling units and unimproved lots in an age-restricted community shall be reserved for age eligible moderate-income families registered in the Town of Southold Housing Registry, as administered by the Government Liaison Officer § 280-38 Use regulations. In the Residential Office (RO) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for 3 any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board,provided that not more than one use shall be allowed for each 40,000 square feet of lot area: (6) Conversion of existing space to affordable residential housing. (a) Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot.. Tenants must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. (b) Converted space shall be limited to a maximum of six (6) moderate income residential rental units. (c) As a condition of the granting of a special exception by the Zoning Board of Appeals,property owners must convert said applied for space to residential use within six (6)months, rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight (8) years from the date of granting (d) All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. (e) All converted affordable residential housing must have at least one parking space per unit. § 280-41 Use regulations. In the LB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and are subject to site plan approval by the Planning Board: (5) Conversion of existing space to affordable residential housing. (a) Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot. Tenants must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. (b) Converted space shall be limited to a maximum of six (6) moderate income residential rental units. (c) As a condition of the granting of a special exception by the Zoning Board of Appeals, property owners must convert said applied for space to residential use within six (6)months, rent the units at a rate at or below the maximum allowable 4 monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight(8) years from the date of granting (d) All converted affordable residential housing shall be subject to all-Town and County building code and septic specifications. (e) All converted affordable residential housing must have at least one parking space per unit. § 280-44 Purpose. The purpose of the Hamlet Business (HB)District is to provide for business development in the hamlet central business areas, including retail, office and service uses,public and semipublic uses, as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area. § 280-45 Use regulations. [Amended 5-9-1989 by L.L. No. 6-1989; 12-12-1989 by L.L. No. 23-1989; 7-31-1990 by L.L. No. 16-1990; 5- 16-1994 by L.L. No. 9-1994; 11-26-1994 by L.L. No. 26-1994; 2-7-1995 by L.L.No. 3-1995; 10-17-1995 by L.L. No. 21-1995; 5-6-2003 by L.L. No. 10-2003] In the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), (2), (3) and(20)hereof, are subject to site plan approval by the Planning Board:[Amended 4-20-2004 by L.L. No. 11-2004] (1) One-family detached dwelling, (2) Two-family dwelling B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 6-20-2006 by L.L. No. 8-2006] (11) Conversion of existing space to affordable residential housing. (a) Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot. Tenants must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. (b) Converted space shall be limited to a maximum of six (6)moderate income residential rental units. (c) As a condition of the granting of a special exception by the Zoning Board of Appeals,property owners must convert said applied for space to residential use within six (6)months, rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight(8) years 5 from the date of granting (d) All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. (e) All converted affordable residential housing must have at least one parking space per unit. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are subject to Article XIX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 280-13C(1) through (7) of the Agricultural-Conservation District, and subject to the conditions set forth in § 280-15 thereof. (2) Apartments are permitted, subject to the following requirements: (a) The Building Department issuing an accessory apartment permit. (b) The habitable floor area of each apartment shall be at least 350 square feet. (c) The Apartment shall have all requisite Suffolk County Department of Health approvals. (d) Each apartment shall have at least one off-street parking space. (e) Construction and/or remodeling of an existing structure to create an accessory apartment shall not trigger the need for site plan approval set forth specifically in § 280-127 and Article XXIV in general unless such construction or remodeling results in an increase of the foundation size of the structure. (f) The apartment(s) shall not comprise more than 50% of the principal building. (g) Each apartment on the subject property is to be occupied by either a property owner's immediate family member or an individual who is registered on the Southold Town Affordable Housing Registry and is eligible for placement prior to possession being taken. § 280-48 Use regulations. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(17), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board. (18) Conversion of existing space to affordable residential housing. (a) Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot. Tenants must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. (b) Converted space shall be limited to a maximum of six (6)moderate income residential rental units. (c) As a condition of the granting of a special exception by the Zoning Board of Appeals, property owners must convert said applied for space to residential use within six (6) months, rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential 6 units as affordable residential housing for a minimum period of eight(8) years from the date of granting (d) All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. •• (e) All converted affordable residential housing must have at least one parking space per unit. § 280-58 Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 5-23- 1989 by L.L. No. 7-1989; 4-28-1997 by L.L. No. 6-1997; 11-12-1997 by L.L. No. 26-1997; 2- 12-2013 by L.L. No. 2-2013; 6-17-2014 by L.L. No. 7-2014] (11) Conversion of existing space to affordable residential housing. (a) Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot. Tenants must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. (b) Converted space shall be limited to a maximum of six (6)moderate income residential rental units. (c) As a condition of the granting of a special exception by the Zoning Board of Appeals,property owners must convert said applied for space to residential use within six(6)months,rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight(8) years from the date of granting (d) All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. (e) All converted affordable residential housing must have at least one parking space per unit. (f) The premises must be located within a designated hamlet locus (HALO) zone § 280-62 Use regulations. In the LI District,no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board:[Amended 4-28-1997 by L.L. No. 6-1997; 2-12-2013 by L.L. No. 2-2013; 6-17-2014 by L.L. No. 7-2014] (18) Conversion of existing space to affordable residential housing. (a) Tenants shall be reserved to moderate-income individuals and families who do 7 • not have any ownership interest in any other residence or vacant lot. Tenants must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Offi-cer prior to the commencement of any tenancy. (b) Converted space shall be limited to a maximum of six(6)moderate income residential rental units. (c) As a condition of the granting of a special exception by the Zoning Board of Appeals, property owners must convert said applied for space to residential use within six (6) months, rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight(8) years from the date of granting (d) All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. (e) All converted affordable residential housing must have at least one parking space per unit. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 8 I 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto,designated as local law No. 20 of 20 17 . of the (Town) of SOiTTHOLD was duly passed by the TOWN BOARD on December 5 , 20 17 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the(County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(re-passed after disapproval)by the and was deemed duly adopted on 20 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the(County)(City)(Town)(Village) of was duly passed by the on 20______, and was (approved)(not approved)(repassed after disapproval)by the on 20 . Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the(general)(special)(annual)election held on 20 ,in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto,designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 ,and was(approved)(not approved)(repassed after disapproval)by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 ,in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide basis or,If there be none,the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition.) 9 T hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general) election held on ____ 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York,having been submitted to the electors at the General Election of November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adoption has been followed,please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Clerk of the unty legislative body. City. Town or (Seal) Village Clerk or officer designated by local legislative body Elizabeth A.Neville,Town Clerk Date: December 15,2017 (Certification to be executed by County Attorney, Corporation Counsel,Town Attorney,Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I,the undersigned,hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law Signature -=Jiam Puffy, ey Damon Hagan,Assistant Town Attorney Title Gounty Gity Town of SOUTHOLD Villag Date: December 15,2017 10 Southold Town Board - Letter Board Meeting of December 5, 2017 RESOLUTION 2017-1011 Item# 6.29 '��of y°ate ADOPTED DOC ID: 13578 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-1011 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 5,2017: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 8th day of November, 2017, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280 of the Town Code entitled `Zoning"' and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 of the Town Code entitled `Zoning"' reads as follows: LOCAL LAW NO. 2017 A Local Law entitled, "A Local Law in relation to Amendments to Chapter Chapter 280 Zoning, in connection with the Affordable Housing". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To amend Chapter 280 to increase options for affordable housing within the Town of Southold and to increase regulatory compliance and grant funding availability for the same. II. Chapter 280 of the Code of the Town of Southold is hereby amended by adding the underlined words and removing the struck items as follows: § 280-13-Use regulations. [Amended 3-14-1989 by L.L.No. 3-1989] In A-C,R-80, R-120, R-200 and R-400 Districts, no-building or premises shall-be used and no --- building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan approval by the Planning Board: Generated December 7, 2017 Page 40 Southold Town Board - Letter Board Meeting of December 5, 2017 (17) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot. Tenants must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b Converted space shall be limited to a maximum of six (6) moderate income residential rental units. C. As a condition of therg antin of f a special exception by the Zoning Board of Appeals property owners must convert said applied for space to residential use within six (6) months rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units and maintain the excepted residential Louts as affordable residential housing for a minimum period of eight (8) years from the date of granting d All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e All converted affordable residential housing must have at least one parking space per unit. f The premises must be located within a designated hamlet locus (HALO) zone D. Rental permit for accessory apartments.Notwithstanding any prior course of conduct or permission granted, no owner of property shall cause,permit, or allow the occupancy or use of an accessory apartment created pursuant to § 280-13A(6) or § 280-13B(13) without a valid rental permit issued upon application to the Chief Building Inspector.[Added 6-15-2010 by L.L.No. 2-20101 aThe owner of an accessory apartment in an accessory structure lawfully existing pursuant to § 280-13B(13) shall, in addition to the information required in § 280-13D(1)(a) through(f), provide a certification that: falThe existing single-family dwelling or the accessory apartment in the accessory structure is occupied by the owner as the owner's principal residence. (b) The other dwelling unit on the subject property is to be occupied by either a family member or a r-esiden an individual who is currently on the Southold Town Affordable Housing Registry-and-eligible for placement-.-- (c) lacement --(c) Rents charged to a tenant from the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to § 280-30F of this Code. The dwelling unit is in compliance with all of the provisions of the Code of the Town of Southold,the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. Generated December 7, 2017 Page 41 Southold Town Board - Letter Board Meeting of December 5, 2017 § 280-17 Use regulations. In an R-40 District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (3) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot Tenants must work or reside in the Town of Southold at the time they take possession The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b Converted space shall be limited to a maximum of six (6)moderate income residential rental units. c As a condition of the granting of a special exception by the Zoning Board of Appeals property owners must convert said applied for space to residential use within six (6) months rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight (8) gars from the date of granting d All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e All converted affordable residential housing must have at least one parking space per unit. f The premises must be located within a designated hamlet locus (HALO) zone C. Accessory uses, limited to the following: Same as § 280-13C of the Agricultural-Conservation District. (2) Same as &280-131) of the A-C, R-80 R-120 R-200 and R-400 Districts. § 280-30_General regulations and requirements. A. The Town Board shall require the recording of covenants and restrictions that shall apply to all real property within the AHD District. The covenants and restrictions shall contain terms and conditions as the Town Board and Planning Board deem necessary to insure the property is used for purposes consistent with the purposes for which the AHD zoning classification was created, and they shall be subject to the approval of the Town Attorney. The covenants and restrictions shall include the following: [Amended 5-3-2016 by L.L. No. 4-2016] C. Eligibility (non-age-restricted). In each AHD, the sale or lease of dwelling units and unimproved lots shall be reserved for moderate-income families who do not have any ownership interest in any other residence or vacant lot. The net worth of an applicant (individual or family) shall not exceed 25% of the purchase price of a Generated December 7, 2017 Page 42 Southold Town Board - Letter Board Meeting of December 5, 2017 home sold pursuant to this section. The eligible applicants sha44-must be gra on a ;t<, as „ _ basis, d lottery system registered in the Town of Southold __, a awill 111 VL Housing Registry, administered by the Government Liaison Officer w4hin eae formula aeeeptablee to the Town Ben,•.a The,, f t.> groups rf lvrrovv�T ende`lcrrc.- L.L. No. 8 008; 5 3 201-6 by L.L. No 4 201 til fWneome eligible individuals or-families whe have lived in the Tov,% o Southold in the same school distfiet as the dwelling unit or lot for a period of a least thprior-yearsto the submissionof their"NY lieation. fDjneome eligible individuals or-families who have lived in the Town a Southold for a pef!iod of at least three year-s prief to the submission of their- appheation. alneome eligible individuals/families who have been employed in the Town of Southold for a peried of at least t4ee years prior-to ffie submission of their applieation. (4) Tneeme eligible „di .;d, ala/f ;li s whe � . have previously lived IIS7Zin pT-IhY e—yea s in the Town of Southold and wish LVreturn. !Cl To all other- eligible applioav,ta D. Age-restricted (age 55 and over) dwelling units or unimproved lots. The sale or lease of dwelling units and unimproved lots in an age-restricted community shall be reserved for age eligible moderate-income families registered in the Town of Southold Housing Registry, as administered by the Government Liaison Officer the foijewing order- of prierity:[Pdnended 7 29 2009 by L.L. No. 8 2008] (1) ineome eligible individuals or-families where the head of household is age 5-5 or ever- who-1 have had-aprinaary 1-esidenee in the Town f Southold fo a pe, e f t least f to the ub of the_an 1' at' and do not t-LL�J�JIIL UL1 V11 LL11U lAV 1 yearsreal estate. Household annual ineome may net execed 1 0 of the HUD niedian iReome f Stiff lk County, d +worth m of eveeed_twiee the r of the unit to be purchased, (2) ineome eligible individuals or families where the head of household is age 5�5 or-ever--, who have had a primary residenee ' the To«m of Southold f a o G1iGLi�S16. Southold for u pt. of t least five years prior-to+h ,b nrr of+he l; .�,rl at; do of o real estate. Household annual ineome may not exceed 100 0 of the HUD Inedia ineeme for- C ff 11 County, d + r-th m of e eed tw ee_the price of the unit to he p r-ehased jWneoffle eligible individuals or-families where the head of household is age 55 or- o si enee ;n_the T f Coutholrl f orl � lvvv'u vl vV ^ Ye f t 1 +f nJ Y rr- prix + +h • submission of the a,�p e_ntion and who will-be Toyin Board). Household annual ineoine may not exeeed divest d of all real estate holdings within 90 days of the eentraet execution N�' the pr-ojeet sponsor- (such ninetY day period may be extended by reseltAien of the 0 of the HUD median income for Suff-olk County, d t < eA of execethe ^,' rl tVVltI LLL p LLJr- f the unit to be ,, •ahase.l JA)LIneome eligible individuals or-families whefe the head of household is age 55 or ever, who have had a pr-ima sidenee ilk the To f Southold f � Generated December 7, 2017 Page 43 Southold Town Board - Letter Board Meeting of December 5, 2017 f t least f to the submissionof the LLL1 phe +'Vll, Lulu,l b,b 71 1t divested of all real estate holdings within 90 days of the eopAr-aet exeetition wit of (sueh ninety day period may be extended by resolution of 0 of the 14UD medianc �f 11 County, a t worth,,, „+ exeeedt� ice the - -- YVltt Gl Nom' J� of the unit to be r +-.•L.ased f Tneonie eligible individuals families' al r where the head f householdis age 5 or- ever-, who have had a residence in the Town of Southo1d for a period of at least. E've carsor-t the submissionof the plie don, uilu vv)uV r r1 he ,,.:11 be divestedof 11 rea1 estate holdings .th' O0 dr (fffie , tract AV10 lLL ol with the Fr^ e e+ 0 of the 14UD median iReo_ e for C f- 11 County, + rtb, ,,, of e .7 + the f the l Yn 1 .l n;) 't t N Nase jo:other-ineome_eligible—applie-ants-age ccer-over whose household afmual + exeeed 1000% f the 14UD median for- UCUfff V111 me County, r a of l 1. 11 J l 1^t11 J + A twiee i r the of the ALunit V b N eh p� § 280-38 Use regulations. In the Residential Office (RO) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board, provided that not more than one use shall be allowed for each 40,000 square feet of lot area: (6) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot Tenants must work or reside in the Town of Southold at the time they take possession The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b Converted space shall be limited to a maximum of six (6) moderate income residential rental units. c As a condition of the granting of a special exception by the Zoning Board of Appeals property owners must convert said applied for space to residential use within six (6) months rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight (8) years from the date of granting d All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e All converted affordable residential housing must have at least one parking space per unit. Generated December 7, 2017 Page 44 Southold Town Board - Letter Board Meeting of December 5, 2017 f § 280-41-Use regulations. In the LB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and are subject to site plan approval by the Planning Board: (5) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot Tenants must work or reside in the Town of Southold at the time they take possession The eligible applicants must be registered in the Town of Southold Housing Registry administered by the Government Liaison Officer prior to the commencement of any tenancy. b Converted space shall be limited to a maximum of six (6) moderate income residential rental units. c As a condition of therantin of f a special exception by the Zoning Board of Appeals property owners must convert said applied for space to residential use within six (6) months rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight (8) years from the date of granting d All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e All converted affordable residential housing must have at least one parking space per unit. § 280-44-Purpose. The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, including retail, office and service uses, public and semipublic uses, as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area. § 280-45-Use regulations. [Amended 5-9-1989 by L.L. No. 6-1989; 12-12-1989 by L.L.No. 23-1989; 7-31-1990 by L.L. No. 16-1990; 5-16-1994 by L.L. No. 9-1994; 11-26-1994 by L.L. No. 26-1994; 2-7-1995 by L.L. No. 3-1995; 10-17-1995 by L.L. No. 21-1995; 5-6-2003 by L.L.No. 10-2003] In the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(l), Q, (3) and 20 hereof, are subject to site plan approval by the Planning Board:[Amended 4-20-2004 by L.L. No. 11-2004] Generated December 7, 2017 Page 45 t Southold Town Board - Letter Board Meeting of December 5, 2017 One-family detached dwelling, not to a one dwelling whin. on eaeh lot. The dwelling must be oceupied by the owner- of the property. Two-family dwelling, not zoexee d one dwelling on e-aeh let. The a"'o must be eeeupied by the evmer of the Na v!-ie B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 6-20-2006 by L.L.No. 8-2006] (11) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot Tenants must work or reside in the Town of Southold at the time they take possession The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b Converted space shall be limited to a maximum of six (6) moderate income residential rental units. c As a condition of therg antin of f a special exception by the Zoning Board of Appeals property owners must convert said applied for space to residential use within six (6) months rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight (8) years from the date of granting d All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e All converted affordable residential housingmusthave at least one parking space per unit. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are subject to Article XIX, are subject to site plan review: alAccessory uses as set forth in and regulated by § 280-13C(1)through EJ of the Agricultural-Conservation District, and subject to the conditions set forth in § 280-15 thereof faApartments are permitted within the principalbuilding oil! , subject to the following requirements: The Building Department issuing an accessory apartment permit. The habitable floor area of each apartment shall be at least 350 square feet. (c) Tl, shall be moret threeapartments eate o maip ai��} S`'L_ any single structure. The Apartment shall have all requisite Suffolk County Department of Health approvals. (d) Each apartment shall have at least one off-street parking space. (e) Construction and/or remodeling of an existing structure to create an Generated December 7, 2017 Page 46 Southold Town Board - Letter Board Meeting of December 5, 2017 accessory apartment shall not trigger the need for site plan approval set forth specifically in § 280-127 and Article XXIV in general unless such construction or remodeling results in an increase of the foundation size of the structure. _ (fThe apartment(s) shall not comprise more than 50 49% of the principal building. (g) Each apartment on the subject property is to be occupied by either a property owner's immediate family member or an individual who is registered on the Southold Town Affordable Housing Registry and is eligible for placement prior to possession being taken. § 280-48 Use regulations. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(17), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board. (18) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot Tenants must work or reside in the Town of Southold at the time they take possession The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b Converted space shall be limited to a maximum of six (6)moderate income residential rental units. c As a condition of ther� of f a special exception by the Zoning Board of Appeals property owners must convert said applied for space to residential use within six (6)months rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight (8) years from the date of granting d All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e All converted affordable residential housing must have at least one parking space per unit. § 280-58-Use regulations. Be Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 5-23-1989 by L.L.No. 7-1989; 4-28-1997 by L.L. No. 6-1997; Generated December 7, 2017 Page 47 Southold Town Board - Letter Board Meeting of December 5, 2017 11-12-1997 by L.L. No. 26-1997; 2-12-2013 by L.L.No. 2-2013; 6-17-2014 by L.L. No. 7-2014] (11) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot Tenants must work or reside in the Town of Southold at the time they take possession The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b Converted space shall be limited to a maximum of six (6) moderate income residential rental units. c As a condition of the grantingof f a special exception by the Zoning Board of Appeals property owners must convert said applied for space to residential use within six (6) months rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight (8) years from the date of granting d All converted affordable residential housing shall be subiect to all Town and County building code and septic specifications. e All converted affordable residential housing must have at least one parking space per unit. f The premises must be located within a designated hamlet locus (HALO) zone § 280-62-Use regulations. In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B 10 , which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 4-28-1997 by L.L. No. 6-1997; 2-12-2013 by L.L.No. 2-2013; 6-17-2014 by L.L. No. 7-2014] (18) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot Tenants must work or reside in the Town of Southold at the time they take possession The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b Converted space shall be limited to a maximum of six (6) moderate income residential rental units. c As a condition of the granting of a special exception by the Zoning Generated December 7, 2017 Page 48 Southold Town Board - Letter Board Meeting of December 5, 2017 Board of Appeals property owners must convert said applied for space to residential use within six (6) months rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight 8) years from the date of granting d All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e All converted affordable residential housing must have at least one parking space per unit. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [4 TO 1] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: William P. Ruland, Jill Doherty, Robert Ghosio, Scott A. Russell NAYS: James Dinizio Jr ABSENT: Louisa P. Evans Generated December 7, 2017 Page 49 Rudder, Lynda From: ersupp <ersupp@generalcode.com> Sent: Friday, December 15, 2017 12:24 PM To: Rudder, Lynda Subject: RE: LL 20.docx Thank you for your e-mail. 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General Code 1-800-836-8834 ersupp(a)_generalcode.com 1 ELIZABETH A.NEVILLE,MMC � Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 ® Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ® Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ® www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 15, 2016 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Law listed below on December 5, 2017 at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing Please sign this letter and return to me at your earliest convenience. Thank you. Eliz th A. Nev11e Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport Signature, Received by Date Please print name Title ELIZABETH A.NEVILLE,MMC ®� ®Pj Town Hall,53095 Main Road TOWN CLERK a �� P.O.Box 1179 C* Southold,New York 11971 REGISTRAR OF VITAL STATISTICS WFax(631)765-6145 MARRIAGE OFFICER ® ®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®� �� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 15, 2016 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Law listed below on December 5,2017 at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing Please sign this letter and return to me at your earliest convenience. Thank you. Eliz th A.Nevi le Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport --Signature, Received by Date Please print name Title 7' 1 gUFfO1K �© RESOLUTION 2017-1011 ADOPTED DOC ID: 13578 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-1011 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 5,2017: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 8th day of November, 2017, a Local Law entitled"A Local Law in relation to Amendments to Chapter 280 of the Town Code entitled `Zoning"' and WHEREAS the Town Board of the Town of Southold held a public hearing on the,aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 of the Town Code entitled `'Zoning"' reads as follows: LOCAL LAW NO. 20 of 2017 A Local Law entitled, "A Local Law in relation to Amendments to Chapter Chapter 280 Zoning, in connection with the Affordable Housing". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To amend Chapter 280 to increase options for affordable housing within the Town of Southold and to increase regulatory compliance and grant funding availability for the same. II. Chapter 280 of the Code of the Town of Southold is hereby amended by adding the underlined words and removing the struck items as follows: § 280-13_Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan approval by the Planning Board: (17) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and r i Resolution 2017-1011 Board Meeting of December 5, 2017 families who do not have M ownership interest in any other residence or vacant lot. Tenants must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b Converted space shall be limited to a maximum of six (6) moderate income residential rental units. , C. As a condition of the grantingof f a special exception by the Zoning Board of Appeals property owners must convert said applied for space to residential use within six (6)months, rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units and maintain the excepted residential units as affordable residential housing for a minimum period of eight 8) years from the date ofrg anting d All converted affordable residential housing shall be subiect to all Town and County building code and septic specifications. e All converted affordable residential housing must have at least one parking space per unit. f The premises must be located within a designated hamlet locus (HALO-zone D. Rental permit for accessory apartments. Notwithstanding any prior course of conductor permission granted, no owner of property shall cause, permit, or allow the occupancy or use of an accessory apartment created pursuant to § 280-13A(6) or § 280-1313(13) without a valid rental permit issued upon application to the Chief Building Inspector.[Added 6-15-2010 by L.L. No. 2-2010] (3) The owner of an accessory apartment in an accessory structure lawfully existing pursuant to § 280-13B(13) shall, in addition to the information required in § 280-131)(1)(a)through(f), provide a certification that: (a) The existing single-family dwelling or the accessory apartment in the accessory structure is occupied by the owner as the owner's principal residence. (b) The other dwelling unit on the subject property is to be occupied by either,a family member or amide an individual who is currently on the Southold Town Affordable Housing Registry and eligible for placement. (c) Rents charged to a tenant from the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to § 280-30F of this Code. (d) The dwelling unit is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. § 280-17-Use regulations. Updated: 12/15/2017 11:35 AM by Lynda Rudder Page 2 r' r ; Resolution 2017-'1011 Board Meeting of December 5, 2017 In an R-40 District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (3) Conversion of existing space to affordable residential housing. (a) Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot. Tenants must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. (b) Converted mace shall be limited to a maximum of six (6) moderate income residential rental units. (c) As a condition of therg anting of a special exception by the Zoning Board of Appeals property owners must convert said applied for space to residential use within six (6) months; rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units and maintain the excepted residential units as affordable residential housing for a minimum period of eight()years from the date of granting (d) All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. (e) All converted affordable residential housing must have at least one parking space per unit. (f) The premises must be located within a designated hamlet locus (HALO) zone C. Accessory uses, limited to the following: (1) _ . Same as § 280-13C of the Agricultural-Conservation District. (2) Same as X280-13D of the A-C, R-80 R-120 R-200 and R-400 Districts. § 280-30 General regulations and requirements. A. The Town Board shall require the recording of covenants and restrictions that shall apply to all real property within the AHD District. The covenants and restrictions shall contain terms and conditions as the Town Board and Planning Board deem necessary to insure the property is used for purposes consistent with the purposes for which the AHD zoning classification was created, and they shall be subject to the approval of the Town Attorney. The covenants and restrictions shall include the following: [Amended 5-3-2016 by L.L. No. 4-2016] C. Eligibility (non-age-restricted). In each AHD, the sale or lease of dwelling units and unimproved lots shall be reserved for moderate-income families who do not Updated: 12/15/2017 11:35 AM by Lynda Rudder Page 3 Resolution 2017-1011 Board Meeting of December 5, 2017 have any ownership interest in any other residence or vacant lot. The net worth of an applicant(individual or family) shall not exceed 25% of the purchase price of a home sold pursuant to this section. The eligible applicants must be greup€d ,;ty basis, and n letter, will, system ;1'=l.,e registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer within eate e r grein a-formula ta— I )the T^ >v' Beard. The priority groups ., fvzivvs! [Amended 129-2004 by L.L. No. 8 2008;5 3 20 L y T A . 4 201 6l , �tl-��• �v-rv7 (11) Ineeme eligible individuals nln oi-fsm'ri•cuho-have irycc-iithe, h e Town o Southold n the §ame seheel distriet as the dwelling „i+or-1of � for-a,moo,-;ed of t least th p—er to the n„hmissio., of their n '-'NllI !- Tevze-eligible individuals-oi-families vhohave-lived in the Te „f Southold fer-a period of at least dffe- to the submission of ap (3) Ineeme eligible individuals9amilies who have been employed in the Tev,m f Southold f a period of at leant three years prior-to +bie submission of their-application. (4) income eligible .+.1;. idu ls/fi mikes who have previously lived f r n f three years in the Teyv%of Southold and wish to -eta—tum. (5)TI all other-eligible applie nr"'mss. D. Age-restricted (age 55 and over) dwelling units or unimproved lots. The sale or lease of dwelling units and unimproved lots in an age-restricted community shall be reserved for age eligible moderate-income families registered in the Town of Southold Housing Registry, as administered by the Government Liaison Officer in the f 11 order- fpriority![Amended '7 70 2004 by L.L. -No. 4 ' 004] (1) Tneeme eligible individuals or families where the headof househol.l ; nye 55 yr ever-, who have-had--a nerd the T f C th el.b_f EirEc '�arz-ciao Town L�vuLiiV.0 1 period f at least fiveprior-to the submissionf then 1; ratio efl years Vl LlIV uNN .. and do not ev,%real estate. Household annual ineeme may not eyeee l 400/ f the HUD medianf r C..ff 1L (rl.0 t , and net. ofth may— not exeeer1 twiee tho f the t tb.of un o e r..fehnned. M\ Tneeme eligible'hlindividuals or families where the headof household is age i GGever, whe ha-yehad "csidenee i rthe Town f Southold for r----d of at least five ye--s 1r;^r-to the submission of the nuVlleUn*; • and-cro not oval reale-state Household annual ineome may of evneed 1 rano/ f the HUD d f C f- ll r �ty - t..eAh ,;, pro ox-caz „ nnre ', t ,l twiee the priee of the unit to he purchased. !'21 T 1' 'b.l individuals In r families here the head fhousehelrl e t-✓ rnp_zo=c-rirarv-rccacrrsorz'arrxrazc�r`v'��azcrc-naczrcucLv111Va.L�� av n5 55��P had ;.7e r, the Tl1y, v of C r1 f � h h 1vutLuh vl1u.a.vlr ] f t least fiveprior-to the sub of+hen 1' atio n1V11 Vl LllV *ANN ' r e years .. Updated: 12/15/2017 11:35 AM by Lynda Rudder Page 4 Resolution 2017-1011 Board Meeting of December 5, 2017 a ti, will be divested f 11 rea4 estate holdings within O0 days of the eentraet execution with the prejpet sponsor (such ninety day period may be + ra a by r-esoltAiea of the Toy,%Beard) Household annual inee a J may + execed 801 f the RUD median n for- cuff-elk County, not ovnnra towice the vv.no r of the unit+ b,: o e p„ b.vnnnra o .. (4) T l' •b,t d i 1 families b, n the head f household in ., 1'7 lT1P.�Z l7ICTrIR2TIyQ^�CTais-01vZA2�12�ItIC��y,�i",T�i„n��L1iG liG C4R clrlU u� 55 or ever-v who iiccvt-hada primary the of Southold rfv- a f at least fiveyears to the sub,,,. f then l;nnt;o nll-Vl 411t LL4/IJ11L 4L4 a b, will b. divested f 11 1 t t holdings within 90 ,anon of the _ _ _ `v`vi41a111 �v uur.� vi 4aa� eentraet ..___ +_ •tb, +b. _ __ day r„ w+ ,� yr� J�n+ sponsor i\n ny ro a n,> b'e extended by of the Town Board). Household ra annual ineome may t exeeed 1000% of the 14UD median ineeme f C ff lk County, ra +worth may t exceed t-v n hepr-ioeof the unit to be U{.41 vL11b, c.n.a C4JLu . (5) Ineeme eligible individuals or families where the head of household is age 55 or-over-, who have had a r-eside-nee in the T f cr,,, or-a per- . to the submission of the I 1 y11 L1V4:41 d whe will b d } ra all 1 estate holdings within011d �n ,tof the . . n+ execution with the yMoJ not sYo v Househ lra 1 ineome y ne exeeet a 1001 of the WJD mediano fer- Q f- lk County, and nn} ,}l., may } a t«>;nn the r'•n f unit t nn tb, o be ra 1 feh n (6) Other-ince fie-eligible applieants age e b,ousehol.a annual ince e may + exceed 1000% of the 14UD median;neeme for Suffolk County,, a + vtl, nJ• of n ry b oa twiee the o „f the ;t to e pur-nb,n nra § 280-38 Use regulations. In the Residential Office (RO) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board, provided that not more than one use shall be allowed for each 40,000 square feet of lot area: (6) Conversion of existing space to affordable residential housing. (a) Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in an other residence or vacant lot. Tenants must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. Updated: 12/15/2017 11:35 AM by Lynda Rudder Page 5 Resolution 2017-1011 Board Meeting of December 5, 2017 (b) Converted space shall be limited to a maximum of six (6) moderate income residential rental units. (c) As a condition of therg antin of f a special exception by the Zoning Board of Appeals property owners must convert said,applied for space to residential use within six (6) months rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units and maintain the excepted residential units as affordable residential housing for a minimum period of eight(8) years from the date ofrg anting (d) All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. (e) All converted affordable residential housing must have at least one _ parking space per unit. § 280-41-Use regulations. In the LB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged,'intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and are subject to site plan approval by the Planning Board: (5) Conversion of existing space to affordable residential housing. (a) Tenants shall be reserved to moderate-income individuals and _ families who do not have any ownership interest in any other residence or vacant lot. Tenants must work or reside in the Town of Southold at the time theme possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. (b) Converted space shall be limited to a maximum of six (6) moderate income residential rental units. (c) As a condition of therg antin of f a special exception by the Zoning Board of Appeals property owners must convert said applied for space to residential use within six (6) months, rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units and maintain the excepted residential units as affordable residential housing for a minimum period of eight(8) years from the date ofrag nting (d) All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. (e) All converted affordable residential housing must have at least one parkin space pace per unit. § 280-44-Purpose. Updated: 12/15/2017 11:35 AM by Lynda Rudder Page 6 f Resolution 2017-1011 Board Meeting of December 5, 2017 The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, including retail, office and service uses, public and semipublic uses, as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area. § 280-45-Use regulations. [Amended 5-9-1989 by L.L. No. 6-1989; 12-12-1989 by L.L. No. 23-1989; 7-31-1990 by L.L. No. 16-1990; 5-16-1994 by L.L. No. 9-1994; 11-26-1994 by L.L.No. 26-1994; 2-7-1995 by L.L. No. 3-1995; 10-17-1995 by L.L.No. 21-1995; 5-6-2003 by L.L. No. 10-2003] In the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), JQ, (3) and 20 hereof, are subject to site plan approval by the Planning Board:[Amended 4-20-2004 by L.L.No. 11-2004] (1) One-family detached dwelling, not to a one d7welling on ae - The dwelling must be eeeupied by the eyffier-of the petty. (2) Two-family dwelling, not emeeedone dwelling on eh let. The r1 la; must be oeeupied by the o f the p ei4 . .,� .!rte:t....•,j. B.' Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 6-20-2006 by L.L. No. 8-2006] (11) Conversion of existing space to affordable residential housing. (a) Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in Mother residence or vacant lot. Tenants must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. (b) Converted space shall be limited to a maximum of six & moderate income residential rental units. (c) As a condition of therg_antin of f a special exception by the Zoning Board of Appeals property owners must convert said applied for space to residential use within six (6)months, rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential Updated: 12/15/2017 11:35 AM by Lynda Rudder Page 7 Resolution 2017-1011 Board Meeting of December 5, 2017 units as affordable residential housing for a minimum period of eight(8) years from the date ofrg anting (d) All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. (e) All converted affordable residential housing must have at least one parking space per unit. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are subject to Article XIX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 280-13C(1)through Q of the Agricultural-Conservation District, and subject to the conditions set forth in § 280-15 thereof. (2) Apartments are permitted•�i the pr-pal 1,,,ildi,g only, subject to the following requirements: (a) The Building Department issuing an accessory apartment permit. (b) . The habitable floor area of each apartment shall be at least 350 square feet. Czzzcre shall more than-trx .. ..t..,.A.......... ....,...,,.,... ..,rm.,.ipA....n.,» in any single str-ue e-The Apartment shall have all requisite Suffolk County Department of Health approvals. (d) Each apartment shall have at least one off-street parking space. (e) Construction and/or remodeling of an existing structure to create an accessory apartment shall not trigger the need for site plan approval set forth specifically in § 280-127 and Article XXIV in general unless such construction or remodeling results in an increase of the foundation size of the structure. (f) The apartment(s) shall not comprise more than 50 40% of the principal building. (a) Each apartment on the subiect property is to be occupied by tither a property owner's immediate family member or an individual who is registered on the Southold Town Affordable Housing Registry and is eligible for placement prior to possession being taken. § 280-48 Use regulations. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(17), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board. (18) Conversion of existing space to affordable residential housing. (a) Tenants shall be reserved to moderate-income individuals and Updated: 12/15/2017 11:35 AM by Lynda Rudder Page 8 Resolution 2017-1011 Board Meeting of December 5, 2017 families who do not have any ownership interest in any other residence or vacant lot. Tenants must work or reside in the Town of Southold at the time the t�possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. (b) Converted space shall be limited to a maximum of six (6) moderate income residential rental units. (c) As a condition of ther� of f a special exception by the Zoning Board of Appeals, property owners must convert said applied for space to residential use within six (6) months, rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight(8) years from the date ofrg anting (d) All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. (e) All converted affordable residential housing must have at least one parking space per unit. § 280-58-Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 5-23-1989 by L.L.No. 7-1989; 4-28-1997 by L.L. No. 6-1997; 11-12-1997 by L.L. No. 26-1997; 2-12-2013 by L.L. No. 2-2013; 6-17-2014 by L.L. No. 7-2014] (11) Conversion of existing space to affordable residential housing. (a) Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in an o� ther residence or vacant lot. Tenants must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. (b) Converted space shall be limited to a maximum of six (6)moderate income residential rental units. (c) As a condition of the granting of a special exception by the Zoning Board of Appeals, property owners must convert said applied for space to residential use within six (6) months, rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight(8) years from the date ofrig Updated: 12/15/2017 11:35 AM by Lynda Rudder Page 9 Resolution 2017-1011 Board Meeting of December 5, 2017 (d) All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. (e) All converted affordable residential housing must have at least one parking space per unit. (fl The premises must be located within a designated hamlet locus (HALO) zone § 280-62_Use regulations. In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 4-28-1997 by L.L. No. 6-1997; 2-12-2013 by L.L. No. 2-2013; 6-17-2014 by L.L. No. 7-2014] (18) Conversion of existing space to affordable residential housing. (a) Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in an, othe residence or vacant lot. Tenants must work or reside in the Town of Southold at the time the t� ake possession. The eligible applicants must be registered in the Town of Southold Housing_ Registry, administered by the Government Liaison Officerrip or to the commencement of any tenancy. (b) Converted space shall be limited to a maximum of six (6) moderate income residential rental units. (c) As a condition of therg antin o�pecial exception by the Zoning Board of Appeals, property owners must convert said applied for space to residential use within six (6) months, rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight(8) years from the date of granting _ (d) All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. (e) All converted affordable residential housing must have at least one parkin space per unit. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Updated: 12/15/2017 11:35 AM by Lynda Rudder Page 10 Resolution 2017-1011 Board Meeting of December 5, 2017 IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 6��o-qae?& Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [4 TO 11 MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: William P. Ruland, Jill Doherty, Robert Ghosio, Scott A. Russell NAYS: James Dinizio Jr ABSENT: Louisa P. Evans Updated: 12/15/2017 11:35 AM by Lynda Rudder Page 11 RESO 2017-1005 SUMMARY OF LL/AMENDMENT TO CHAPTER 280 "Zoning" THE PROPOSED LOCAL LAW FOR WHICH A PUBLIC HEARING IS BEING SET THIS EVENING PROPOSES TO AMEND CHAPTER 280 OF THE TOWN CODE ENTITLED "ZONING" THE PURPOSES OF THE PROPOSED AMENDMENT IS TO CLARIFY EXISITNG PROVISIONS OF SECTION 280-141 AND TO GIVE THE ZONING BOARD OF APPEALS MORE DISCRETION AS TO THE TIME FRAME THAT AN APPLICANT HAS TO COMMENCE A GRANTED SPECIAL EXCEPTION USE TO REFLECT THE REALITY THAT CERTAIN SPECIAL EXCEPTION USES REQUIRE MORE TIME TO OBTAIN OTHER NECESSARY APPROVALS. SPECIFICALLY, IF ADOPTED THE PROPOSED AMENDMENTS WOULD ALLOW THE ZONING BOARD OF APPEALS TO CONDITION A SPECIAL EXCEPTION PERMIT ON. THE APPLICANT COMPLETING THE APPROVAL PROCESS WITHIN A TIME PERIOD OF SIX MONTHS TO THREE YEARS WITH THE ABILITY TO GRANT AN EXTENSION OF UP TO ONE YEAR. CUREENTLY THE CODE ONLY PROVIDES A SIX MONTH TIME FRAME WITH A ONE-TIME SIX MONTH EXTENSION. THE PROPOSED AMENDMENT ALSO CLARIFIES THAT A SPECIAL EXCEPTION USE SHALL BE CONSIDERED ABANDONED IF DISCONTINUED FOR MORE THAN A YEAR AND THAT THE ZONING BOARD MAY LIMIT THE DURATION OF A SPECIAL EXCEPTION USE TO A LIMITED TIME PERIOD. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE a RESO 2017-1011 SUMMARY OF LL/AMENDMENT TO CHAPTER 280 "Zoning" THE PROPOSED LOCAL LAW FOR WHICH A PUBLIC HEARING IS BEING HELD THIS EVENING PROPOSES TO AMEND CHAPTER 280 OF THE TOWN CODE ENTITLED "ZONING" THE PURPOSE OF THE AMENDMENT IS TO ALLOW FOR INCREASED AFFORDABLE HOUSING OPPORTUNITIES WITHIN THE TOWN OF SOUTHOLD. SPECIFICALLY, IF ADOPTED THE PROPOSED AMENDMENTS WOULD ALLOW FOR THE CONVERSION OF EXISTING SPACE INTO AFFORDABLE HOUSING IN CERTAIN ZONING DISTRICTS BY APPLYING FOR A SPECIAL EXCPETION. THE MAXIMUM ALLOWABLE RENT CHARGED AND THE ELIGIBILITY OF TENANTS WILL BE SUBJECT TO THE PROVISIONS OF ARTICLE 6 OF CHAPTER 280 AND OVERSEEN BY THE GOVERNMENT LIASON OFFICER FOR THE TOWN OF SOUTHOLD. IN ADDITION, THE PROPOSED AMENDMENTS WOULD INCREASE REGULATORY COMPLIANCE AND INCREASE GRANT FUNDING OPPORTUNITIES. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE 41 RESO 2017-1012 SUMMARY OF LL/AMENDMENT TO CHAPTER 280 "Zoning" THE PROPOSED LOCAL LAW FOR WHICH A PUBLIC HEARING IS BEING HELD THIS EVENING PROPOSES TO AMEND CHAPTER 280 OF THE TOWN CODE ENTITLED "ZONING" THE PURPOSE OF THE AMENDMENT IS TO MODIFY AND CLARIFY CERTAIN PROVISIONS OF THE TOWN CODE AS IT PERTAINS TO WINERIES IN CERTAIN RESIDENTIAL ZONING DISTRICTS. SPECIFICALLY, THE AMENDMENT IF ADOPTED WOULD REQUIRE A WINERY TO HAVE 10 ACRES DEVOTED TO THE GROWING OF WINE GRAPES. CURRENTLY, THE CODE ONLY REQUIRES A WINERY TO HAVE 10 ACRES IN AGRICULTURAL PRODUCTION. ADDITIONALLY, THE PROPOSED AMENDMENT WOULD REQUIRE THAT WINE MADE AT THE WINERY BE MADE FROM GRAPES OF WHICH AT LEAST 80% ARE GROWN ON THE PREMISES OR OTHER LAND OWNED BY THE WINERY, AND 1 WOULD ALLOW THAT 20% OF THE WINE SOLD AT THE WINERY BE FROM OTHER LONG ISLAND WINERIES. FINALLY, THE PROPOSED AMENDMENT CLARIFIES HOW TO CALCULATE WHETHER THE LOT SIZE OF THE WINERY PARCEL MEETS THE PROPOSED BULK SCHEDULE AS IT PERTAINS TO STRUCTURES AND USES ON THE PARCEL. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE SVFF®LSI° ELIZABETH A.NEVILLE,MMC �y0� ® Town Hall,53095 Main Road TOWN CLERK a P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 0 Fax(631)765-6145 MARRIAGE OFFICER ,f. ®�. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®,( �`� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 15, 2017 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on December 5, 2017 at the Southold Town Hall, 53095 Main Road, Southold,NY: 7:30 pm A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing 7:31 pm A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Use Regulations for Wineries in Residential Districts, Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. k Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Date: Signature, Received By Title: Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOL'D TOWN CLERK f ELIZABETH A. NEVILLE, MMC ea Town Hall,53095 Main Road TOWN CLERK �� �� P.O.Box 1179 Southold,New York 11971 CAM REGISTRAR OF VITAL STATISTICS ;. Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �, �,°� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 15, 2017 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on December 5, 2017 at the Southold Town Hall, 53095 Main Road, Southold, NY: 7:30 pm A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing 7:31 pm A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Use Regulations for Wineries in Residential Districts Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. b Elizabeth A. Neville Town Clerk Attachments cc: n Email: T.----- ��._a_ T D. '""'Gain -To vv nmf-SvuflTxnptoTr- o So�td To O Date: Signature, Received By Title: Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, 1VIMC �� � Town Hall,53095 Main Road TOWN CLERK �� �� P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS "' � Fax(631)765-6145 MARRIAGE OFFICER ��. �� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER '��� ��� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 15, 2017 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on December 5,2017 at the Southold Town Hall, 53095 Main Road, Southold, NY: 7:30 pm A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing 7:31 pm A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Use Regulations for Wineries in Residential Districts Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. j Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department fee Date: It/ZP/17 ignature, Receiv d By t a� �� Title: 4Ai C Rdtwoter Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK � Town Hall,53095 Main Road I+ILIZABETH A.NEVILLE,IVIMC ® ,., � , TOWN CLERK P.O.,Box 1179 s ,.P Southold,New;York 11971 REGISTRAR OF VITAL STATISTICS ss;; Fax(631)765=6145 in7C^�4+;;t 9'� M ®� �R� Telephone(631)765-1800 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM_OFINFORMATION OFFICER OFFICE OF THE TOWN CLERIC TOWN OF SOUTHOLD November 15,2017 PLEASE TAKE NOTICE-that,the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on December 5,2017 at the Southold Town Hall, 53095 Main Road, Southold,NY: 7:30 pm A.Local Law in relation-to Amendments to Chapter 280,Zoning, in connection with the Affordable Housing 7:31 pm A Local Law in relation to Amendments to Chapter 280,Zoning,in connection with.Use Regulations for Wineries in Residential,Districts Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. Elizabeth A.Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton. Southold Tovm Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals, Southold Town Building Department C- Date: tG/ Siture,Receive By ` _ Title: Cie"x- KVI-A.1v . cas VIA print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD')GOWN CLERK ELIZABETH A. NEVILLE MMC Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 "x Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICERS Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER � s�,� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER RECEIVED OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD v.' November 15, 2017 , Southold Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on December 5,1017 at the Southold Town Hall, 53095 Main Road, Southold,NY: 7:30 pm A Local Law in relation to Ameh" e0s fio Chapter 280, Zoning, in connection with the Affordable Housing 7:31 pm A Local Law in relation to Amendiiients td,Chapter 280, Zoning, in connection with Use Regulations for Wineries in Residential llisti•icts Please sign the bottom of this letter and--email or'fax dback'to n1e' at your earliest convenience to confirm receipt of this notice. Thank you. ",4� Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning,L Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board "'Southold Town Trustees Southold Town Assessors �� I Southold Town Board of Appeals Southold Town Building Department E �'� / 4" ��� lL----- Date: -71Y D/ Signature, Received By �Jl l�� (►tip Title: Please print name DUPLICATE TO BE SIGNED AND RETURNED TO S,OUTHOLD TOVYN CLERK o ELIZABETH A.NEV ILLE,MMC Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 w -°{`w a` a ` Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 4aw ` - # ,, Fax(631)765-6145 Telephone(631)765-1800 MARRIAGE OFFICER ° t ' RECORDS MANAGEMENT OFFICER � 1, ' wwwsoutholdtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF TIME TOWN CLERK TOWN OF SOUTHOLD ' November 15,2017 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on December 5,2017 at the Southold Town Hall, 53095 Main Road, Southold,NY: i 7:30 pm A Local Law in relation to Amendments to Chapter 280, Zoning,in connection with the Affordable Housing 7:31 pm A Local Law in relation to Amendments to Chapter 280, Zoning,in connection with Use Regulations for Wineries in Residential Districts Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. Elizabeth A.Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long.Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department PPI + w \ Date: Signature,Received By Titic: Q_i-A �. Please print name —TOWPI d DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK �QC�l1��ll��►�� ELIZABETH A.NEVILLE, MMC �i' Town Hall,53095 Main Road �� " -P.O:Box 1179 " TOWN CLERK .�, 11 11 1Southold,New York 11971 CA REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER „�. ®®. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®,1 �`� www.goutlioldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE-OF THE TOWN CLERK TOWN OF SOUTHOLD November 15, 2017 PLEASE TAKE NOTICE that the Town Board of the Towh of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on December 5,2017 at the Southold Town Hall, 53095 Main Road, Southold, NY: 7:30 pm A Local Law in relation to Amendments to Chapter'280, Zoning, in connection with the Affordable Housing, 7:31 pm A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Use Regulations for Wineries in Residential Districts Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. Elizabeth A. Neville Town Clerk , Attachments cc: Suffolk County Department of Planning' Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department -71 _ Date: / C� Signature, I eceive By i 6;4�' I lwe Title. Please print name DUPLICA'T'E TO 13E SIGNED AND RETURNED TO g()U"1'1-I()Ll) TOWN CLERK ELIZABETH A. NEVILLE,MMC �� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 rA REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER �o �� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 15, 2017 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on December 5,2017 at the Southold Town Hall, 53095 Main Road, Southold, NY: 7:30 pm A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing 7:31 pm A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Use Regulations for Wineries in Residential Districts Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. Elizabeth A.Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department .2�toe � ' :4�� Date: Signature, Rcce(veKAY Title: IC Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A.NEVILLE, MMC Town Hall,53095 Main Road TOWN CLERK P` P.O. Box 1179 Southold,Ndw York 11971 REGISTRAR OF VITAL,STATISTICS ,� Fax(631)765-614,5 MARRIAGE OFFICER. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER tll �� www•southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF,SOUTIIOLD November 15, 2017 PLEASE TAKE NOTICE that the Town Board of the'1'own of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on Meember 5, 2017 at the Southold Town Hall, 53095 Main Road, Southold,NY: 7:30 prat ,A. Local La-iv in relation to'Atiieodincriti•to'Chapter 280, Zoniog, in connection with the .Affordable Housing � 7:31 pm A Local Law in relation to AnrbnditnenisKio•Chapter 280, Zoning, in connection with Use Regulations for Wineries in'Resiclential Districts Please sign the duplicate of this letter and return to me,4t your earliest convenience in the self addressed envelope. Thank you. Elizabeth ,A, Neville Town Clerk ` Attachrcients cc: Suffolk Couilty Del)artment of Planning Long Islam State Park Commission -Email: Village of Greenport •;Town of.Shcltcr Island TUwn of Riverhead Town of Southampton .Southbld Town Planning Board Southold Town Trustees ',Southold Town Assessors Southo,ld,TpNvn Board of Appcals Southold Town Building Department � 1 Datc: Signature, Coeived By � �f L� Vrl� /G✓!��'7 r ,1/ - Title: Via•..{ ��-u.. .�� ,r. C-'�rrti�l�: .. �� Please print nein DUPLICATE TO BE SIGNED ANDRETURNED TO SOUTHOLD TOWN CLERK T /T •aoxa TZLETZETE9 dEZidO s,TN AIV- LZ:TT LT0Z-TZ•A0N 11/15/2017 15:12 6317493436 S I TOWN CLERK PAGE 01 ELIZABETH A.NEVILLE, MMC Town Hall,53095 Main Road 'M'O'WN CLERK �`` P.0.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER 4 Telephone(631)765-1800 RECORDS.MANAGEMENT OFFICER www.southoldtownny,gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CI.ERX TOWN OF SOUTHOLD November 15,2017 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will }told a PUBLIC HEARING.on the proposed Local Law listed below on December.5,,2017 at the Southold Town liall, 53095 Main Road, Southold, NY: 7.30 pm A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing 7:31 pm A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Use Regulations for Wineries in Residential Districts Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffqlk County UepartMentQf Planning _ Long Island Stale Park Commission Ismail: Village of Greenport "Town of Shelter Island Town of Riverhead 'Town of Southampton Southold Town Planning Board Southold 'R)wn Trvstces Southold 'Down Assessors Southold Town Board of Appeals Southold Town Building Department ,.Q // , /.s= /7 Signature, 119ceived �� '�, �`�w— r.,,_.. 'Title•�'crt-•r*��/�P/2� Please print n me DUPLICA'T'E TO BE SI(,NED AND I1F;TTJRNI.1)TO RKEIVED SOUTHOILD TOWN CLERK NOV 16 2017 Southold Town Clerk 11/16/2017 14:30 632835606 SCUTHAkIPTON TOWN CLK PAGE 01/01 LLIZAIBI+TR A. NEi VILLE,I,ANIC ��,. �d p.i Town ball,53095 Main Road TOWN CLERK i F.O.Box 1179 Southold,New York 11971 REGISTktb'►R OF vITc-1L STATISTICS Fax(631)765.6145 MARRIAGE OFFIOM Telephone(631)765-1800 RECORDS MANAGEMENT OFFICERL "'� wwwsoutholdtownny.gov F&P,EDOM OF INFORMATION OFFICER RECEIVED OF Fl1ClC C+F ilEl[lE TOWN CLE'RK TOWN OF SOUTHOLD November 15,2017 Southold Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold wilt hold a PU.LiLIC HE,AIt G on .the proposed Local Law listed below on Deeez:nber 5,,201'7 at the Southold Tows Hall, 53095 Main]toad, Southold,NY: 7:30 pin. A-Local )Latin in relation to An'ie'nd ueilts,to Chapter 280,Zoning, in eon.z)ection vvith the 5 Affordable Housi)ig 7:31 pm A;Local Law'in relation to Attiend6ientsfto'Chapter 280, Zoning, in connection rr�ith Use lt,egulations forMineries in Re$id"6fia]'Distriets Please sign the bottom of this letter, and email or, fax it back to p-,e at your earliest convenience to confirm receipt of this notice. Thank you. " Elizabeth A.Neville Town Cleric Attacl��aents cc: Suffolk Counts,Dertixient ofPlAnnirig� Long lsla?id'State kik Goxxltx)i5sion Email: Village of Greenport Town of Shelter Island Town of Rivei head Town of Southampton "Southold Town Planning Board d Southold Town Trustees Southold Town Assessors r Southold Town)Board of Appeals Southold Town Building Depat•tment Date: --�1 ►1-Lu-- Signature,Received By Titl,6 p ,��jli+=! Please print k2ylie DUPLICATE TO BE SI 'NED,AND RETVR1R" SOUTHOLD TOWN ELIZABETH A.'NEVILLE,MMC �pQ� Town Hall,,53095 MainRoad_ : TOWN CLERK, P.O.Box 1179 - -Southold,New York.11971 !'r` REGISTRAR OF VITAL STATISTICS Fax(63l),765-61145,_ 41 MARRIAGE OFFICERTelephone(63 1)765-1800 L a RECORDS MANAGEMENT OFFICER �,� +A'� wwwsoutholdtownny.gov r. FREEDOM OF INFORMATION OFFICER r ' OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 15,2017 ' PLEASE TAKE NOTICE that the Town Board of the Toi&of Southold will hold a PUBLIC HEARING on the proposed.Local Law listed below on December 5,2017 at the Southold•Town Hall, 53095 Main Roadt j Southold,.NY' sr 7:30 pm A Local Law.in relation to Amendments to.C_h_apter 280,Zoning,<in connection with the ' I Affordable Housing ` 7:31 pm A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Use Regulations for Wineries"in,Residential Districts Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt'of this notice. Thank you. Elizabeth A.Neville Town,Clerk Attachments cd: Suffolk Counky Department of Planning Long Island State Park Commission _ Email: Village of Greenport Town of Shelter Island s Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees } Southold Town Assessors Southold Town Board of Appeals i Southold Town Building Department ' - - bate:. Sign re, Received By- /z. Can C� Title�-Sn�,-o Please print name DUPLICATE TO lir.S1G1Vr1) AN l)RETURNED TO SOUTIIOL•D TOWN CLERK ' ' i ELISA IiE" Ai A.NE` Zt,L,L+ MMC , s `:'• : ' �` Town Hall 53095 Main ILoad r a TOWNC;LET�I`:. � . �•rt , �-c• R6.Box 1179 Southold,Now York 11971'' Fax(631) 765-61,45 REGISTRAR OF VITAL$TM'1S' ICS � ,� s "� Tcicpltone(631)765-1900 . MARRIAGE OFFICER •�;��, , `5 ' ' ,;��', www.saulholdtownny.gov RECORDS MANAGEIvtE*!T OFFIG FREEDOM OF INFORMATION OFFICER KECEIVED X1F1C , O -TIM ''OMN Cl.,A+�Y• K T(7 W t•I (;l-r-SOUTFIOLD November 15, 2017 Southold Town Clerk PLEASE,TAKE NOTICE that the Town Board of the Town. of Southold will hold a_PUBLICI�El ARING on the proposed 'Local Law listed below o11 1)ccewbe'r,, ;,2017 at the Southold 'Gown Hall, 53095 Main Road, Southold, NY. connection with the 7:30 pin A 'Local T:,iflNil Wrclrltiazx Co.^�1 zzx .'C'lt i;�ntSy � t;1�"ter 280, 7�vc�in�, ixz G .Affordable I-1 ousb1:9 7:31, pm �� Luc l 1v€cvt in i�ltitiozz t(i'Anae6dui�clts..tc} Chapter 280, Zo in'0 rn,,connecti ra with Use Regultttions'1or Wincrics in 1 csideutial V' tricts Please sign the bottom of this letter and email, or fax it..back to me at your earliest convenience to confirm receipt of this notice. Thank you. Elizabeth A. Neville_: a owti Clerk ` AttachIllents L ori r Island State Park Commissiol cc: Suffolk C;out�ty_Ucuariment of Plannill• Town of Shelter Island -Finail;,Village of Greenport : To�in crSo�tth�u�pton 'Town of kivcrhoad Southold 'J'ovrn planning J3oard t Southold 7'ow•n Trustees Southold Town;115scssors„ Southold Town'13oatd,of Appeals Soutl old Tow 11 f uildiztg Dcp�wwicnt SigalL3turc, Rcccivcd By Ptclsc pru�t t�ar�1e ` DU.kUC.11'1'T!{ TO 13E SIGNED AND 121L'1"gJIZNED TO 140LD I O'VVIN C.LTtRK I t f the Board of Appeals The following uses cwreses nrc»niro ecearenstoma .w�ci2roucc,mFckea.coarc,mm�oacy,,e� em ms ;, ,s, ire-permitted as a special exception by-the Board of Appeals as hereinafter provided, - •xcept Subsection B(10),which may be per- i aitted as a special exception by the Planning ward, and all suc"I b $-P i shall be subject to site plan approva y t-e f Tanning Board. [Amended,4-28-1997 by L.L No ,-1997, 2-12-2013 by LL No 2-2013; -17-2014 by L L.No 7-2014] �M A L L BUSINESS N V (18) Conversion of existing space to iffordable Tena residential housing )AIA YO a,Tenants shall al reserved to moderate- acome individuals and families who do not SAT U R C lave an ownership interest in any other resi- ence or vacant lot.Tenants must work or - eside in the Town of Southold at the time they 31ce possession The eligible applicants must b's3UPlt}3P¢t $if4WiPa€Sd CO- )e registered in the Town of Southold Hous- ng Registry administered by the Govern- , nent Liaison Officer poor to the com- nencement of any tenancy + b'Converted space shall be limited to a naximum of six(6)moderate income res, - lential rental units - c Asa condition of the granting of a special :xception by the Zoning Board of Appeals, _ oroperty owners must convert said apphed for fPSHOPSMALL pace to residential use within six(6)months, r " rent the units at a rate at or below the maxi- mum allowable monthly rent for affordable housing units,and maintain the excepted resi . . ITH US - dential units as affordable residential housing for a minimum penod of eight(8)years from the date of granting d All'converted affordable residential housing shall be subject to all Town and County building code and septic specifications e. All converted affordable residential housing must have at least one parking space per unit gHOP gMALL` IIl. SEVERABILITY If any clause,sentence,paragraph,section,or part of this Local Law shall be adjudged by any court of competent jurisdiction to be in- valid,the judgment shall not affect the valid- ity of this law as a whole or any part thereof other than the part so decided to be unconsti- tutional or invalid IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. KM1E Dated-November 8,2017 ,L �o BY THE ORDER OF THE 47SOUTHOLD TOWN BOARD FINE DINING •- fJQ(Ij(j/Qp@ r - Elizabeth A Neville it ®A Southold Town Clerk a .0x443,40 oz.s..:-.•_ _-z..�.u.�.:.s-.z z..z:.�.�-t � - �, ,�r,�,,, ,•�.. •� 3 e;h b ,��. � ,a±,� _ 1 ' B Uses permitted by special exception - specifications. rn 48 by the Board of Appeals.The following uses gte stiactum The Apartment shall have all e. All converted affordable residential of any tenancy.LEGALS continued • are permitted as a special exception by the requisite Suffolk County Department of housing must have at least one parking space b. Converted space shall be linuted to a Board of Appeals as hereinafter provided, Health approvalsep r unit. maximum of six(6)moderate income rest- except Subsection B(10),which may be per- •(d)Each apartment shall have at least one §280-58 Use regulations rental units nutted as a special exception by the Planning off-street parking space. 1!. Uses permitted by special exception dentiala condition of the granting of a special Board (e)and all such special exception uses Construction and/or remodeling of an of the Board of Appeals The following uses c.As exception by the Zoning Board o Appeals, shall be subject to site plan approval by the existing structure to create an accessory are permitted as a special exception by the ty owners must convert said applied for Planning Board- apartment shall not trigger the need for site Board of Appeals as hereinafter provided, proper [Amended 6-20-2006 by L.L. No plan approval set forth specifically in § except Subsection B(10),which may be per- space t residential the units nn a ratetial use within that in six(6)months,below the maxi- 8-2006] 280-127 and Article XXIV in general unless nutted as a special exception by the Planning mum allowable monthly rent for affordable (11) Conversion of existing space to such construction or remodeling results in an Board, and all such special exception uses housing units,and maintain the excepted resi- affordable residential housing. increase of the foundation size of the shall be subject to site plan approval by the dential units as affordable residential housing a Tenants shall be reserved to moderate- structure Planning Board for a minimum period of eight(8)years from income individuals and families who do not _Q The apartment(s) shall not comprise [Amended 5-23-1989 by L.L No the date of granting have any ownership interest in any other resi- more than 50 40%of the principal building. 7-1989; 4-28-1997 by L.L. No. 6-1997; d All converted affordable residential dence or vacant lot.Tenants must work or (g)Each apartment on the subject prop- 11-12-1997 by L L No.26-1997;2-12-2013 reside in the Town of Southold at the time they erty is to be occupied by either a property by L.L.No.2-2013,6-17-2014 by L L No. housing shall subject to all Town and take possession.The eligible applicants must owner's immediate family member or an 7-2014] County building code and septic be registered in the Town of Southold Hous- individual who is registered on the South- (11) Conversion of existing space to specifications ing Registry, administered by the Govern- old Town Affordable Housing Registry and affordable residential housing e. All converted affordable residential ment Liaison Officer prior to the com- is eligible for placement prior to possession a.Tenants shall be reserved to moderate- housing must have at least one parking space mencement of any tenancy being taken. income individuals and families who do not per unit b Converted space shall be hmited to a §280-48 Use regulations have any ownership interest in any other rest- §280-44 Purpose. - The purpose of the Hamlet Business (HB) maximum of six (6) moderate income resi- B. Uses permitted by special exception by dence or vacant lot. Tenants must work or District is to provide for business develop- dential rental units the Board of Appeals The following uses are reside in the Town of Southold at the time they Dent it the hamlet central business areas, c Asa condition of the granting of a special permitted as a special exception by the Board take possession The eligible applicants must Hous- including retail,office and service uses,pub, exception by the Zoning Board of Appeals, of Appeals as hereinafter provided, except be registered in the Town of Southold Hous- lrc and semipublic uses,as well as hotel and property owners must convert said applied for Subsection B(17),which may be permitted as ing Registry, administered by the Govern- motel and multifamily residential develop- space to residential use within six(6)months, a special exception by the Planning Board, ment Liaison Officer prior to the com- ment that will support and enhance the retail rent the units at a rate at or below the maxi- and all such special exception uses shall be mencement of any tenancy. development and provide a focus for the ham- mum allowable monthly rent for affordable subject to site plan approval by the Planning b Converted space shall be limited to a let area. housing units,and maintain the excepted resi- Board. maximum of six (6)moderate income resr §280-45 Use regulations dential units as affordable residential housing (18) Conversion of existing space to dential rental units [Amended 5-9-1989 by L L No. 6-1989, for a minimum period of eight(8)years from affordable residential housing. c.As a condition of the granting of a special 12-12-1989 by L L No 23-1989;7-31-1990 the date of granting a Tenants shall be reserved to moderate- exception by the Zoning Board bf Appeals, by L L.No.16-1990,5-16-1994 by L.L No. d All converted affordable residential income individuals and families who do not property owners must convert said applied for 9-1994, I1-26-1994 by L.L No 26-1994, housing shall be subject to all Town and have any ownership interest in any other resi- space to residential use within six(6)months, 2-7-1995 by L.L.No 3-1995;10-17-1995 by County building code and septic dence or vacant lot..Tenants must work or rent the units at a rate at or below the maxi- LL No 21-1995, 5-6-2003 by LL No specifications reside in the Town of Southold at the time they mum allowable monthly rent for affordable 10-20031 a All converted affordable residential take possession The eligible applicants must housing units,and maintain the excepted resi- In the HB District,no building or premises housing must have at least one parking space be registered in the Town of Southold Hous- dential units as affordable residential housing shall be used and no building or part of a per unit ing Registry, adirunistered by the Govern- for a minimum period of eight(8)years from building shall be erected or altered which is C Accessory uses The following uses ment Liaison Officer prior to the com- the date of granting arranged,intended or designed to be used,in are permitted as accessory uses and,except mencement of any tenancy d. All converted affordable residential whole or in part, for any uses except the for residential accessory uses and signs, b Converted space shall be limited to a housing shall be subject to all Town and >~ following: which are subject to Article XIX,are subject maximum of six(6) moderate income rest- County building code and septic to site plan review, dential rental units specifications APetmt[ted uses The following are (L Accessory uses as set forth in and reg- c.As a condition of the granting of a special a All converted affordable residential permitted uses and,except for those uses per- ulated by § 280-13C(l) through _Q of the exception by the Zoning Board of Appeals, housing must have at least one parking space mitted under Subsection A(1),Q,Q and Agricultural-Conservation District,and sub- property owners must convert said applied forep r unit (20)hereof,are subject to site plan approval by the Planning Board.[Amended 4-20-2004 Ject to the conditions set forth in § 280-15 space to residential use within six(6)months, f.The premises must be located within a by L L No. 11-2004] thereof. rent the units at a rate at or below the maxi- designated hamlet locus(HALO)zone One-family detached dwelling,aorto (-2) Apartments are permitted wntmr=die mum allowable monthly rent for affordable §280-62 Use regulations subject to the housing units,and maintain the excepted resi- In the LI District, no building or premises U=d Me dwelling ULL Oddl lot The following requirements: dential units as affordable residential housing shall be used and no building or part of a The Building Department issuing an for a mrmmum period of eight(8)years from building shall be erected or altered which is i(2)Two-family dwelling,not to exceed one accessory apartment permit the date of granting arranged,intended or designed to be used,in dwelling on each lot The dwelling � The habitable floor area of each d. All converted affordable residential whole or in part,for any purpose except the must be occupied by the owner of the prop- apartment shall be at least 350 square feet. housing,shall be subject to all Town and following: t_LZ.`_ Cey44�butldirig, code_ and _septic ,�B_ _Uses�P_e�rmi�tedy ectal ex5eption Steven Bellone SUFFOLK COUNTY EXECUTIVE DepartmeAt`of Economic Development and Planning: ;; ,•. Theresa Ward Deputy County Executive and Commissioner Division and Environment Planning ironment November 22, 2017 Town of Southold 53095 Main Road RECEIVED P.O. Box 1179 Southold,NY 11971 NOV 2 8 2017 Attn: Elizabeth Neville Southold Town Clerk Applicant: Town of Southold Zoning Action: ,,_ Resolution Number 2017-949 S.C.P.D. File No.: SD-17-LD Dear Ms.Neville: Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County Administrative Code,the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Director of Planning Andrew P. Frele g Chief Planner APF/cd LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 (631)853-5191 STATE OF NEW YORK) SS: , COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk,of the Town of Southold,New York being duly sworn, says that on the 15th day of November._ , 2017, a notice of which the annexed printed notice is a true'copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York. PH 12/5 7:30 pm—Local Law regarding Affordable Housing lizabeth A.Neville outhold Town Clerk Sworn before me this 15th day of November , 2017. Notary Public LYNDA M RUDDER Notary Public, State of New York No.01 RU6020932 Qualified in Suffolk County Commission Expires March 8,20 ►a #0002144340 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly newspaper,published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 11/16/2017 d Principal Clerk Sworn to before me this I day of Y/INALKI') NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 - Qualified in Suffolk County My Ckmmiasien Explres February 28,2020 G Affordable Housing". time they take possession The eligible appli-�� ,[�L ,4 BE IT ENACTED by the Town Board of cants must be registered in the Town ofSouth- r /- the Town of Southold as-follows old Housing Registry, administered by the trou,and who wittbudivestedufalticatustatJ I. Purpose. Government Liaison Officer prior to the com- -; To amend Chapter 280 to increase options for mencement of any tenancy. rillMy-day affordable housing within the Town of South- b. Converted space shall be limited to a penud may br,extended by inotaticin of the old and to increase regulatory compliance and maximum of six(6)moderate income resi- grant furiding availability for the same, dential rental units IL Chapter 280 of the Code of the Town of c.As a condition of the granting of a special fat Suffolk ecianty,and net-worth may null Southold is hereby amended by adding the exception by the Zoning Board of Appeals, - underlined words and removing the struck property owners must convert said applied for chased. items as follows- - space to residential use within six(6)months, - §280-13 Use regulations rent the units at a rate at or below the maxi- ilies wherc the head of household is ago [Amended'3-14-1989 by L.L.No.3-1989] mum allowable monthly rent for affordable In A-C,R-80,R-120,R-200 and R-400 Dis- housing units,and maintain the excepted resi- tncts,no building or premises shall be used `dential units as affordable residential housing and no building or part of a building shall be .for a mmmmum period of eight(8)years from 1 erected or altered which is arranged,intended the date of granting holdings within 90 days of the cou or designed to be used,in whole or in part,for ' d All converted affordable residential any uses except the following- - ' housing.shall be subject to all Town and penud unty be ex B. Uses permitted by special exception County building code and. septic i by the Board of Appeals The following uses specifications. nut exumd i00%of the h—UD mad are pernntted as special exception by the -e All converted affordable residential for Suffolk euinity,and rMt worth May Tivi Board of Appeals, as hereinafter provided, ,housing must have at least one parking space - and,except for-the uses set forth in Subsec- per r unit. chased. tions B(1),(13)and(14)hereof,are subject to f.The premises must be located within a. i site plan approval by the Planning Board ` designated hamlet locus(HALO)zoneiliu�where die head of trouselialikis age 55 kir (17) Conversion of existing space to C Accessory uses,limited to the follow- taffordable residential housing ing. I a. Tenants shall be reserved to moderate- J1, Same as § 280-13C of the i { income individuals and families who do not Agncultural-Conservation Distract who wit!be th i have any ownership interest in any other- (2)Same as§280-13D of the A-C;R-80,_ wiflun 96 days of the cuutract mccution widr „ residence or vacant lot.Tenants must work or R-120,R-200 and R-400 Districts - reside in the Town ofSouthold at the time they-§ 280-30 General regulations and cumu-maT. t the HUD take possession The eligible applicants must requirements. niedian nicome for Suffolk Co be registered in the Town of Southold Hous- A. The Town Board shall require the wurth way not nuc ing Registry, administered by the Govern- recording"of covenants and restrictions that unit to br Pu chased. ment Liaison Officer prior to the com- shall apply to all real property within the AHD mencement of any tenancy. District.The covenants and restrictions shall 515 ui uvvi whose household annual uicomu b Converted space shall be limited to a contain terms and conditions as the Town may nut em; d i00% of die HUD murbau maximum of six-(6)moderate income resi- Board and Planning Board deem.necessary to , and nut worth dential rental units. insure the property is used for urposes conmay out excucti twice the price of the u - e As a condition of the granting of a special sistent with the purposes for which the AHD be purchased , exception by the Zoning Board of-Appeals, zoning classification was created, and they-§280-38 Use regulations. _property owners must convert said applied for shall be subject to the approval of the Town In the Residential Office (RO) District, no space to residential use within six(6)months, -Attorney The covenants and restrictionsshall� building or premises shall be used and no rent the units at a rate at or below the maxi- include the following: [Amended 5-3-2016 building or part of a building shall be erected mum allowable monthly rent for affordable by L L No.4-2016] or altered which is arranged,intended or de- housing units,and maintain the excepted resi- "C Eligibility (non-age-restricted)."In signed to be used,in whole dr in part,for any dential units as affordable residential housing each AHD,the sale or lease of dwelling units uses except the following for a minimum period of eight(8)years from and unimproved lots shall"be reserved for •B. ,Uses permitted by special exception 1 the date of granting moderate-mcome families'who do not have by the Board of Appeals.The following uses l d. All'converted affordable residential any ownership interest in any otherresidence are perm itted as a special exception by the housing shall be subject to all Town and or vacant lot.The net worth of an applicant Board of Appeals as hereinafter provided and County building code- and septic (individual or family)shall not exceed 25%of subject to site plan approvalby,thePlamm�g specifications. the purchase price of a home sold pursuant to Board,provided that not more than one use C. All converted affordable residential this section.The eligible applicants shalt must shall be allowed for each 40,000 square feet of housing must have at least one parking space be graspedun a piftnity basis,Wid a lutteLy lot area: per unit. system witl-be registered in the Town of (6)Conversion of existing space to afford- f. The premises must be located within a Southold Housing Registry,administered by able residential housing. designated hamlet locus(HALO)zone the Government Liaison Officer within each ` a.Tenants shall be reserved to moderate- D. Rental permit for accessory income individuals and families who do not i apartments.Notwithstanding any prior course have any ownership interest in any other resi- of conduct or permission granted,no owner of - dence or vacant lot Tenants must work or property shall cause,permit,or allow the oc- - reside in the Town of Southold at the time they_ cupancy or use of an accessory apartment - take possession.The eligible applicants must created pursuant to§280=13A(6)or§280- ities who have tived in the Tbwu of Southold be registered in the Town of Southold Hous- 13B(13)without a valid rental permit issued ing Registry, administered by[the Govern- upon application to the Chief Building ux lot fbi a Period 7= ment Liaison Officer prior to the com- Inspector[Added 6-15-2010 by L.L. No trithesubmission mencement of any tenancy 2-20101 (3) The owner of arm accessory - b. Converted space shall be limited to a ' apartment in an accessory structure lawfully in the Thwu uf Southuld maximum of six(6)moderate income resi- ; existing pursuant to§280-13B(13)shall,in dential rental units {,J addition to the information required in§280- sabinissica of thenaliptication. c.As a condition of the granting of a special r 131)(1)(a)through(f),provide a certification, exception by the Zoning Board of Appeals, ! that: property owners must convert said applied for J�J The existing ,single-family, space to residential use within six(6)months, dwelling or the accessory apartment in the rent the units at a rate at or below the'maxi- accessory structure is occupied by the owner mum allowable monthly rent for affordable as the owner's principal residence. who have previously tived fm a nuiuman,u housing units,and maintain the excepted resi- (b) The other dwelling unit on the three youis in thu Town of Southold and dential units as affordable residential housing subject property is to be occupied by either a to retuni.. for a minimum period of eight(8)years from family member or azesiden an individual the date of granting who is currently on the Southold Town D. • Age-restricted (age 55 and over) d. All converted affordable residential Affordable Housing Registry and eligible for dwelling units or unimproved lots.The-sale or housing shall be subtest to all Town and placement lease of dwelling units and unimproved lots in County building code and septic (c)Rents charged to a tenant from the an age-restricted community shall be reserved specifications. Affordable Housing Registry shall not exceed forage eligible moderate-income families e. All converted-affordable residential i ' the rent established by the Town Board an- _ housing must have at least one parking space nually pursuant to§280-30F of this Code. ep r unit. The dwelling unit is in compliance §280-41 Use regulations. !J •with all of the provisions of the Code of the In the LB District,no building or premises —i Town of Southold,the laws and sanitary and 8-2898] _ shall be used and no building or part of a LEGAL NOTICE housing regulations of the County of Suffolk - building shall be erected or altered which is NOTICE OF PUBLIC HEARING and the laws of the State of New York. v head ofticiaschuld is age 55 ur arranged,intended or designed to,be used,in WHEREAS,there has been presented to §280-17 Use regulations. - - whole or in part, for any uses except the ``the Town Board of the Town of Southold, In an R-40 District,no building or premises following: Suffolk County,New York,on the 8th day of shall be used and no building or part of a - B. Uses permitted by special exception November, 2017, a Local Law entitled "A building shall be erected or altered which is tiuri,and da not own leat estate.HorWdictri by the Board of Appeals.The following uses ; Local Law in relation to Amendments to_arranged,intended or designed to be used,in are permitted as a special exception by the Chapter 280 of the Town Code entitled whole or in part, for any uses except the Board of Appeals as hereinafter provided and k4Zonmi `and it is following are subject to site plan approval_by-the Plan- RESOLVED that the Town Board of the B. Uses permitted by special exception ning Board: Town of:Southold will hold a pubhc hearing of the Board of Appeals.The following uses (5) Conversion of existing space .to on the aforesaid Local Law at Southold Town are permitted as a special exception by the uftiouseholdisagT55a, affordable residential housing. Hall,53095 Main Road,Southold,New York, Board of Appeals, as hereinafter provided, avei,who tin v e had it Vibitary iesidence in the a.Tenants shall be reserved to moderate- on the,5th day of December,2017 at 7:30 and subject to site plan approval by the Plan- Thwit of Suathotd foi a puiiud of at least five income individuals and families who do not p.m at which time all interested persons will 'ning Board - .have any ownership interest in any other resi- be given an opportunity to be heard. (3) Conversion of existing space to” dence or vacant lot.Tenants must work or The proposed Local Law entitled,"A Lo- affordable residential housingaunual income may tot oxceed t00%of the reside in the Town of Southold at the time they cal Law in relation to Amendments to a. Tenants shall be reserved to HUD inedran incurne for S affolk eoulity take possession.The eligible applicants must Chapter 280 of the Town Code entitled moderate-income individuals and families be registered in"the Town-of e Southold Housing Registry,administered by 1�­Uses permitted by special exception `Zonis "'reads as follows: who do not have any ownership interest in any b the Board of Appeals The following uses The Apartment shall h LOCAL LAW NO.2017 other residence or vacant lot.Tenants must the Government Liaison Officer prior to the Y PP g are permitted as a special exception by the requisite Suffolk County Departin, A Local Law entitled,"A Local Law in work or reside in the Town of Southold at the commencement of any tenancy. Board of Appeals as hereinafter provided, Health approvals relation to Amendments to Chapter Chap- ' b Converted space shall be hunted to a ter.280 Zoningin connection_with the ; maximum of six(6)moderate income resi- except Subsection B 10,which may be per- eet parking space.shall have at le _. maxial-m of units. c- •o-- - _matted as a special exception by the Planning off-street parking space. c As a dential -ucondiis of the granting of a special Board, and all such special exception uses �Construction and/or remodehn; exception by the Zoning Board o Appeals, shall be subject to site plan approval by the existing structure to create an as Planning Board: apartment shall not trigger the need t property owners must convert said applied for [Amended 6-20-2006 by L L. No. plan approval set, forth specificall• I space to residential use within six(6)months, 8-2006] 280-127 and Article XXIV in genera' rent the units at a rate at or below the maxi- (11) Conversion of existing'space to such construction or,remodeling resu, mum allowable monthly rent for affordable affordable residential housing. increase of the 'found'ation size housing units,and maintain the excepted resi- a.-Tenants shall be rbserved'to moderate- structure. dential units as affordable residential housing income individuals and-families who'do not ff The apartment(s) shall not cc fora minimum period of eight(8)years from have any ownership interest in any other`resi- more than 50 40%of the principal b)- the rthe date of granting dence or vacant lot'.Tenants must work or (g)Each apartment on the subjee d. All converted affordable`residential reside in the Town of Soutlfold at the time they' erty is to be occupied by either a p= 4 housing shall be subject to all.Town.and ,take possession.The eligible applicants must owner's immediate family member County building code and "septic be registered m the`Town of Southold Hous- individual who is registered on the specifications ,i,4 Re Registry, administered by the Govern- old Town Affordable Housing Regis e All converted affordable residential rent Liaison"'Officer prior to the com- is eligible for placement prior to pos housing must have at least one parking space mencement of any tenancy. being taken. per unit• "" b Converted'spate shall"be limited to a §280-48 Use regulations. §280-44 Purpose maximum of six (6)moderate income resi- B. Uses penrutted by special exec, The purpose of the Hamlet Business (HB) dential rental units. the Board of Appeals.The following District is to provide for business develop- c Asa condition of the granting of a special permitted as a special exception by th ment in the hamlet central business areas, exception by the Zoning Board of Appeals, of Appeals as hereinafter provided including retail,office and service uses,pub- property owners must convert said applied for Subsection B(17),which may be peen line and semipublic uses,as well as hotel and space to residential.use within six(6)months, a special exception by the Planning motel and multifamily residential develop- rent the units at a rate at or below the maxi- and all such special exception uses ment that will support and enhance the retail mum allowable monthly rent for affordable subject to site plan approval by the development and provide a focus for the ham- housing units and maintain the excepted resi- Board let area dential units as•affordable residential housing (18) Conversion of existing s §280-45 Use regulations - --for a minimum period of eight(8)years from affordable residential housing [Amended 5-9-1989 by L L No 6-1989; the date of granting a Tenants shall be reserved to in 12-12-1989 by L L.No 23-1989,7-31-1990 _ d All converted affordable residential -income individuals and families wh p by L.L.No 16-1990,5-16-1994 by L L No y rinsing ehall he cub,ect to all Town and have any ownership interest in any of 1_'aL 111c cAlJlla,r e...g-- -..--.+y + —_ _u dwelling or the accessory apartment in the rent the units at a rate at or below info eAl- accessary structure is occupied by the owner mum allowable monthly rent for affordable as the owner's Lure isprincioc residence housing units and maintain the excepted rest- The other dwelling unit on themid-wrsh dential units as affordable residential housing for a minimum Period of eight(8)years from subject property is to be occupied by either a to MM. the date of granting family member or i-resident an individual who is currently on the Southold Town D.15 Age-restricted (age 55 and over) d All converted affordable residential Affordable Housing Registry and eligible for dwelling units or unimproved lots The-sale or housing shall be subject to all Town and { lease of dwelling units and unimproved lots in County building code and septic placement. f!�J Rents charged to a tenant from the an age-restricted community shall be reserved specifications. Affordable Housing Registry shall not exceed for age eligible moderate-income families a All converted affordable residential ho, the rent established by the Town Board an- sing must have at least azkiIlR space one p the(50�elifln—L per unit. many pursuant to§280-30F of this Code. §280-41 Use regulations. SdJ The dwelling unit is m compliance with all of the provisions of the Code of the In the LB District,no building or pretenses —— Town of Southold,the laws and sanitary and 8-20081 shall be used and no-building or part of a LEGAL NOTICE housing regulations of the County of Suffolk building shall be erected or altered which is NOTICE OF PUBLIC HEARING and the laws of the State of New York. 55 arranged,intended or designed to be used,in WHEREAS,there has been presented to §280-17 Use regulations whole or m part for any uses except the the Town Board of the Town of Southold, In an R-40 District,no building or premises TbWi of iouthuld fbi a puriudvfut­� following. Suffolk County,New York,on the,8th day of shall be used and no building or part of a - B_Uses permitted by special exception, November, 2017, a Local Law entitled"A building shall be erected or altered wluch is by the Board of Appeals.The following uses 'Local Law in relation to Amendments to arranged,intended or designed to be used,in % are permitted as a special exception by the Board of Appeals as hereinafter provided and Chapter 280 of the Town Code entitled whole or in part, for any uses except the are subject to site plan approval by the Plan- )`Zoning"'and it is following. enng Board: RESOLVED that the Town Board of the B. - Uses permitted by special exception (5) Conversion of existing space ,to Town of Southold will hold a public hearing of the Board of Appeals.The following uses affordable residential housing on the aforesaid Local Law at Southold Town are permitted as a special exception by the a.Tenants shall be reserved to moderate- Hall,53095 Main Road,Southold,New York, Board of Appeals, as hereinafter provided, income individuals and families who do not on the 5th day of December,2017 at 7:30 and subject to site plan approval by the Plan- have any ownership interest in any other resit p.m at which time all interested persons will ning Board. the dance or vacant lot Tenants must work or be given an opportunity to be heard. (3) Conversion of existing space to tion,and du not_11 real cstatc--liriasetirdd The proposed Local Law entitled,"A Lo- affordable residential housing junurid uICURIC May alit reside in the Town of Southold at the time they cal Law in relation to Amendments to a. Tenants shall be reserved to take possession.The eligible applicants must be registered in the Town of — — Chapter 280 of the Town Code entitled moderate-income individuals and fainihes Southold Housing Registry,administered by B Uses pet�t,ined by special exception specifications. of the Board of Appeals The following uses `Zoning"'reads as follows: who do not have any ownership interest in any b the Board of A foals The followm uses The A artinent shall have all 'e All converted affordable residential are permitted"as a special exception by-the LOCAL LAW NO.2017 other residence or vacant lot Tenants must - the Government Liaison Officer prior to the Y , PP g p are permitted as a special exception by the regwsIIe Suffolk County Department of housing must have at least one parking space Board of Appeals as hereinafter provided, A Local Law entitled, "A Local Law in work or reside in the Town of Southold at the commencement of any tenancy Board of Appeals as hereinafter provided, Health approvals. epi unit - _ except Subsection B(10),which may be per- . relation to Amendments to Chapter Chap- F— i ovel,Wt b Converted space shall-be limited to a except Subsection ,which may be per- (d�Each"apartment shall have at least one §280-58 Use regulations. trotted as a special exception by the Planning ter 280 Zoning, in connection with theJ maximum of six (6)moderate income real- pitted as a special exception by the Planning off street parlang space. 113. Uses perrmtted by special exception-Board, and all suc�M"b�eRt%Ese dential-rental units. Board and all such special exception uses e Construction and/or remodeling of an of,the Board of Appeals The following uses shall'be'subject-to,site plan approval by the e.Asa condition of the granting of a specialshall be subject to site plan approval by the existing structure to create an accessory are permitted as a special exception by the Planning Board exception by the Zoning Board of Appeals, planning Board apartment shall not trigger the need for site Board of Appeals as hereinafter provided, [Amended 4-28-1997 by L L No property owners must convert said applied for Amended 6-20-2006 b L L. No plan approval set forth specifically in § except Subsection B 10 which may be per- 6-1997; 2-12-2013 by L.L No 2-2013; space to residential use within six(6)months, [ y p PP p y P B( ) y rent the units at a rate at or below the maxi- 8-2006] 280-127 and Article XXIV in general unless nutted as a special exception by the Planning 6-17-2014 by L.L No 7-20141 mum allowable a rat at rent for affordable (11) Conversion of existing space to such construction or remodeling results in an Board, and all such special exception uses (18) Conversion of existing space to housing units,and maintain the excepted resit affordable residential housing increase of the foundation size of the shall be subject to site plan approval by the affordable residential housing '.Tenants shall be rbserved to moderate- structure Planning Board a Tenants shall be reserved to moderate- dential units as affordable residential housing income individuals and-families who do not fp The apartment(s) shall not comprise [Amended 5-23-1989 by L.L. No. income individuals and families who do not for a minimum period of eight(8)years from the date of granting - - have any ownership interest in any other resi- more than 50 4191%of the principal building. 7-1989, 4-28-1997 by L L No 6-1997, have any ownership interest in any other resi - d All converted affordable-residential dence or vacant lot. Tenants must work or (g)Each apartment on the subject prop- 11-12-1997 by L L.No 26-1997,2-12-2013 dence or vacant lot Tenants must work or reside in the Town of Soutliold at the time they erty is to be occupied by either a property by(L L No.2-2013,6-17-2014 by L L.No. reside m the Town of Southold at the time they housing shall be subject to all Town and , take possession The eligible applicants must County building code and septic take possession The eligible applicants must owners immediate family member or an 7-2014] be registered in the Town of Southold Hous- individual who is registered on the South- (11) Conversion of existing space to be registered in the Town of Southold Hous- specifications ing Registry, administered by the Govern- old Town Affordable Housing Registry and affordable residential housing ing Registry, administered by the Govern- e. All converted affordable residential ment Liaison-'Officer prior to the com- is eligible for placement prior to possession a Tenants shall,be reserved to moderate- ment Liaison Officer prior to the com- housing must have at least one parking space mencement of any tenancy being taken. income individuals and families who do not mencement of any tenancy per unit b Converted space shall"be limited to a §280-48 Use regulations have any ownership interest in any other resi- b. Converted space shall be hunted to a §280-44 Purpose. maximum of six (6)moderate income rest- B. Uses permitted by special exception by dence or vacant lot Tenants must work or maximum of six (6)moderate income resi- t' The purpose of the Hamlet Business (HB) dential rental units the Board of Appeals.The following uses are reside in the Town of Southold at the time they dential rental units. District is to provide for business develop- c Asa condition of the granting of a special permitted as a special exception by the Board take possession The eligible applicants must c Asa condition of the granting of a special ment in the hamlet central business areas, exception by the Zoning Board of Appeals, of Appeals as hereinafter provided, except be registered in the Town of Southold Hous- exception by the Zoning Board of Appeals, including retail,office and service uses,pub- property owners must convert said applied for Subsection B(17),which may be permitted as inn Registry, administered by the Govern- property owners must convert said applied for he and semipublic uses,as well as hotel and space to residential-use within six(6)months, a special exception by the Planning Board, ment Liaison Officer prior to the com- space to residential use within six(6)months, motel and multifamily residential develop- rent the units at a rate at or below the maxi- and all such special exception uses shall be mencement of any tenancy rent the units at a rate at or below the maxi- ment that will support and enhance the retail mum allowable monthly rent for affordable subject to site plan approval by the Planning b Converted space shall be limited to a mum allowable monthly rent for affordable development and provide a focus for the ham- maximum of six(6)moderate income resr let area housm units and maintain the excepted rest- housing units and maintain the excepted resi- Board. l280-45 Use regulations dential units as affordable residential housing (18) Conversion of existing space to dential rental units. dental units as affordable residential housing [Amended 5-9-1989 by L L No 6-1989, for a mimmum period of eight(8)years from affordable residential housing. b-As a condition of the granting of a special for a minimum period of eight(8)years from 12-12-1989 by L L No 23-1989,7-31-1990 the date of granting a Tenants shall be reserved to moderate- exception by the Zonmg Board of Appeals, the date of granting by L L.98 16-1990,o 23-994 by L L No. _ d All converted affordable residential -income individuals and families who do not property owners must convert said applied for d All converted affordable residential by L L. I1-26-1'994 by L L No 26L No.94, housing shall be subject to all Town and have any ownership interest in any other rest- space to residential use within six(6)months, housing shall be subject to all Town and 2-7-1995 by L L.No 3-1995,10-17-1995 by County building code and septic dence or vacant lot Tenants must work or rent the units at a rate at or below the maxi- County building code and septic 2-7 No 21-19.N 3-19903 0- LL No.` specifications. reside in the Town of Southold at the time they m m allowable monthly rent for affordable specifications 1L.L0-2003] - e All converted,affordable residential take possession The eligible applicants must housing units and marntarn the excepted rest- e All converted affordable residential In the HB Distnct,no building or premises housing must have at least one parking space be registered in the Town of Southold Hous- d6ntial units as affordable residential housing housing must have at least one parking space for unit ing Registry, administered by the Govern- periode p- for a nummuperiod of eight(8)years from r unit shall be used and no building or part of a C. Accessory uses The following uses ment Liaison Officer prior to the com- thie date of granting 113. SEVERABILITY building shall be erected or altered which is d All converted affordable residential If any.clause,sentence,paragraph,section,or arranged,intended or designed to be used,m are permitted as accessory uses and,except mencement of any tenancy whole d, nt part, for any uses be use' in for residential accessory uses and signs, b Converted space shall be hmrted to a housing shall be subject to all Town and part of this Local Law shall be adjudged by following which are subject to Article XIX,are subject maximum of six(6)moderate income resr- County building code and septic any court of competent jurisdiction to be in- A. Permitted-uses The following are to site plan review - dential rental units specifications valid,the judgment shall not affect the valid- permitted uses and,except for those uses per- (�Accessory essory uses as set forth in and reg- c Asa condition of the granting of a special e All converted affordable residential ity of this law as a whole or any part thereof pitted under Subsection A(r �,(�and ulated b § 280-13C 1 through�of the exception by the Zoning Board of Appeals, housing must have at least one parking space other than the part so decided to be unconsti- A neultural-Conservation District,and sub- property owners must convert said applied fou per unit. tutional or invalid. (�hereof,are subject to site plan approval ect to the conditions set forth in §280-15 space to residential use within six(6)months, f The premises must be located within a IV. EFFECTIVE DATE by the Planning Board[Amended 4-20-2004 thereof." rent the units at a rate at or below the maxi- designated hamlet locus(HALO)zone This Local Law shall take effect immediately by L L No.11-2004] Q Apartments are permitted wnitn the mum allowable monthly rent for affordable §'280-62 Use regulations. _ upon filing-with the Secretary of State as One-family detached dwelling,nottopriumpat-ba ding ,subject to the housing units and maintain the excepted resi- In the LI District, no building or preimses provided by`law. following requirements dential units as affordable residential housing shall be used and no building or part of a Dated November 8,2017 1dwelling inust�1�Y -_ The Building Department;issuing an for a minimum period of eight(8)years from building shall be erected or altered which is BY THE ORDER OF THE (2)Two-faintly dwelling,not to exceed oneaccessory apartment permit; the date of granting arranged,intended or designed to be used,in SOUTHOLD TOWN BOARD } �b The habitable' floor'area of each d.All converted affordable residential whole or in part,for any purpose except the Elizabeth A Neville dwelling on each lot.The dwelling apartment shall,be at least 350`square feet. :housing shall be •subject to all Town and following. Southold Town Clerk ' must be occupied by the owner of the prop= zoun�vm,bukidiaig code, aAd:,septiC-:_s,I3=a TJ PGnM1tpd.by,specla]-exCepti4n: _2144 40 Gal.'4-s-_t_Lt,YY.y�AS.YjT._Z'i: in codes a , V� t_�--� 9. ...S...w. R HISTORY OF THE MUNICIPAL CLERK EARLY BEGINNINGS The Municipal Clerk is the oldest of public servants in local government, along with the tax collector. The profession traces back before Biblical times. For example, the modern Hebrew translation of Town Clerk is "Mazkir Ha'ir" which literally translated, means city or town "Reminder:'The early keepers of archives were often called "Remembrancers:' and before writing came into use,their memory served as the public record. Ancient Greece had a city secretary who read official documents publicly. At the opening,of a meeting, one of his first duties was to decree a curse upon anyone who should seek to fleceive the people. St. Paul and his followers during his missionary work in Persia(now Western Turkey) owed their safety to the action of a town clerk.As related in Acts 19:22-41, written in A.D. 58,the artisans of Ephesus who made the idols of the time, feared the effect of Paul's missionary work on their trade. They incited a mob to seize two of Paul's followers. The town clerk, however, spoke out against this action and insisted that charges laid against these men had to be settled in the proper manner and before the proper authorities. There was no justification for riotous conduct. With that, he dispersed the crowd. Reportedly,the regency line of France descends from the office of the Clerk! According to James Bryce in his book "The Holy Roman Empire," there is a direct link between the position of Mayor of the Palace, a clerical post created by the Merovingian Kings of France, and all subsequent Kings of France. In the eighth century,the Frankish Kings of France depended on the Mayor of the Palace to perform all manner of clerical and administrative tasks for the King including collecting taxes and fees,publishing documents, keeping state records and assisting in the enforcement of the King's justice. , In 751,the Merovingian King, Childeric, was deposed and his assistant,Pippin, the Mayor of the Palace, became not only the monarch of France but was simultaneously created a Patrician of Rome by Pope Gregory the Third. Pippin was, in turn, father of the great Charlemagne,the first Holy Roman Emperor and founder of the Carolingian Dynasty of Europe on High, which in successive generations,produced the Kings of France, as well as the Emperors of Germany and Austria. DEVELOPMENT IN ENGLAND The title "Clerk" as we know it developed from the Latin clericus. During the Middle Ages, when scholarship and writing were limited to the clergy, clerk came to mean a scholar, especially one who could read,write, and thus serve as notary, secretary, accountant and recorder. In ancient England,the township (surrounded by its hedge or "tun") and the borough (an outpost fortified with a wall) developed a strong system of democratic local government.And one of the first officials these freemen elected was the "Clarke."' The beginning of the office of city clerk in England can be traced back to 1272 A.D. in the history of the Corporation of Old London. The "Remembrancer"was called upon to remind the councilors(members of the council)what had transpired at their previous meetings, since the meeting of the early councils were not recorded in written minutes. In 1354,the Mayor of Nottingham appointed the Clarke and provided for his remuneration. In 1439, Symkyn Birches was awarded the office of"Toun Clerk" in another community for the rest of his life. In 1477 Thomas Carton, a town clerk,was the first English printer, and served as diplomat for the King. In 1485,Nicholas Lancaster,the Clarke, became Mayor of York. In the 1500's in England,there were not only the 'Town Clarke" but also the "Clerc Comptroller of the King's Honorable Household. In 1603,there was a "Clarke General of the Armie." Indeed, King Henry the Eighth had a "Clarke of the Spicery" and King Charles had his "Clarke of the Robes." Perhaps the strongest statement of the unique position occupied by the Municipal Clerk is by an English Court in the Middle Ages ruling in the case,Hurle-Hobbs ex parte Riley and another. Concerning this case, Chief Justice Lord Caldecote, observed: "The office of town clerk is an important part of the machinery of local government. He may be said to stand between the local Council and the ratepayers. He is there to assist by his advice and action the conduct of public affairs in the borough and, if there is a disposition on the part of the council, still more on the part of any member of the council,to ride roughshod over his opinions,the question must at once arise as to whether it is not his duty forthwith to resign his office or, at any rate,to do what he thinks right and await the consequences." COLONIAL DEVELOPMENT When the early colonists came to America they set up forms of local government to which they had been accustomed, and the office of clerk was one of the first to be established. When the colonists first settled in Plymouth, Massachusetts,they quickly appointed a person to act as recorder. That person kept all the vital records for birth, marriages and deaths for the church, as well as various other records of appointments, deeds, meetings, and the election of officers at the annual town meeting. Indeed, in Massachusetts,the town clerk was one of the earliest offices established in colonial towns. The settlers were well aware of the importance of keeping accurate written records of their agreements and actions including grants of land,regulations governing animals, the collection of taxes and the expenditure of town funds. The person given the responsibility for recording these orders was also often given other duties, such as sweeping the meeting-house and selling the seats,ringing the bell, and paying the bounty for jays and blackbirds whose heads were presented to him by the citizens. By the middle of the 17th century,the title town clerk appears in town records and this title has continued to the present. One of the earliest statutory duties imposed by the Massachusetts General Court on town clerks was recording births, deaths and marriages. Since that time, the General Court has formalized by statute many of the duties first delegated by vote of the town and has added others. By 1692,the town clerk was required to enter and record divisions of land and orders of the selectmen as well as all town votes, orders and grants. Warrants directed to the constable for the collection of taxes were to be signed by the assessors or the town clerk. Between 1742 and 1756,the General Court made the town clerk responsible for maintaining a list showing each inhabitant's property value and for producing it, if necessary,to subtantiate a person's voting rights. The town clerk was required to administer and record the oath of office taken by town officials. By 1776,the town clerk was empowered to call town meetings to elect selectmen if a majority of the selectmen had moved from the town or were absent in the se8vice of the country. The office of town clerk of Wethersfield, Connecticut, was established in 1639 and that person was to "keep a record of every man's house and land," and to present "a fairly written" copy of such to every General Court to be recorded by the secretary of the colony. In the first municipal election in New York City in 1689,the offices of Sheriff, Mayor and City Clerk were on the ballot. The Puritan town of Woodstock, Massachusetts, appointed a town clerk in 1693 to record deeds and mortgages and to record the books. Because the town's people wanted to keep him on a permanent basis, he was given 20 acres of land and a fee of 12 pence for each town meeting plus 6 pence for each grant filed. The Town Clerk of Middleboro,Mass., on the other hand was compensated with "one load of fish taken at the herring-weir and delivered to his house." Three centuries later, one of his seventh-great-grandchildren is serving as City Recorder of the city of Newport, Oregon. SUMMARY Over the years, Municipal Clerks have become the hub of government, the direct link between the inhabitants of their community and their government. The Clerk is the historian of the community, for the entire recorded history of the town (city) and its people is in his or her care. The eminent political scientist, Professor William Bennett Munro,writing in one of the first textbooks on municipal administration (1934), stated: "No other office in municipal service has so many contracts. It serves the mayor,the city council, the city manager(when there is one), and all administrative departments without exception. All of them call upon it, almost daily, for some service or information. Its work is not spectacular, but it demands versatility, alertness, accuracy, and no end of patience. The public does not realize how many loose ends of city administration this office pulls together." These words,written more than 80 years ago, are even more appropriate today. 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The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 of the Town Code entitled `Zoning"' reads as follows: LOCAL LAW NO. 2017 A Local Law entitled, "A Local Law in relation to Amendments to Chapter Chapter 280 Zoning, in connection with the Affordable)Housing". BE IT ENACTED by the Town Board of t e Town of Southold as follows: I. Purpose. To amend Chapter 280 to increase options for affordable housing within the Town of Southold and to increase regulatory compliance and g giant funding availability for the same. 'II. Chapter 280 of the Code of the Town of Southold is hereby amended by adding the underlined words and removing the struck its ms as follows: § 280-13 Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C., R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special ex(Ieption by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan approval by the Planning Board: (17) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot. Tenants must work or reside in the Town of Southold at1the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b Converted ) e shall be limited to a maximum of six (6) moderate income residential rental units. C. As a condition of therg antin of f a special exception by the Zoning Board of Appeals, property owners must convert said applied for space to residential use within six (6) months, rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight (8) years from the date ofrgranting d. All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e. All converted affordable residential housing must have at least one parking space per unit. f. The premises must be located within a designated hamlet locus (HALO) zone D. Rental permit for accessory apartments. Notwithstanding any prior course of conduct or permission granted, no owner of property shall cause, permit, or allow the occupancy or use of an accessory apartment created pursuant to § 280-13A(6) or § 280-13B(13) without a valid rental permit issued upon application to the Chief Building Inspector.[Added 6-15-2010 by L.L. No. 2-2010] aThe owner of an accessory apartment in an accessory structure lawfully existing pursuant to § 280-13B(13) shall, in addition to the information required in § 280-13D(1)(a) through(f), provide a certification that: The existing single-family dwelling or the accessory apartment in the accessory structure is occupied by the owner as the owner's principal residence. The other dwelling unit on the subject property is to be occupied by either a family member or a reside an individual who is currently on the Southold Town Affordable Housing Registry and eligible for placement. LclRents charged to a tenant from the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to § 280-30F of this Code. The dwelling unit is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. § 280-17_Use regulations. In an R-40 District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (3) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot Tenants must work or reside in the Town of Southold at the time they take possession The eligible applicants must be registered in the Town of Southold Housing Regist_ry administered by the Government Liaison Officer prior to the commencement of any tenancy. b. Converted space shall be limited to a maximum of six (6) moderate income residential rental units. c As a condition of therg anting of a special exception by the Zoning Board of Appeals property owners must convert said applied for space to residential use within six (6) months rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight (8) years from the date of granting d All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e All converted affordable residential housing must have at least one Parking space per unit. f The premises must be located within a designated hamlet locus (HALO) zone C. Accessory uses, limited to the following: Same as § 280-13C of the Agricultural-Conservation District. (2) Same as §280-131) of the A-C, R-80 R-120 R-200 and R-400 Districts. § 280-30 General regulations and requirements. A. The Town Board shall require the recording of covenants and restrictions that shall apply to all real property within the AHD District. The covenants and restrictions shall contain terms and conditions as the Town Board and Planning Board deem necessary to insure the property is used for purposes consistent with the purposes for which the AHD zoning classification was created, and they shall be subject to the approval of the Town Attorney. The covenants and restrictions shall include the following: [Amended 5-3-2016 by L.L. No. 4-2016] C. Eligibility (non-age-restricted). In each AHD, the sale or lease of dwelling units and unimproved lots shall be reserved for moderate-income families who do not have any ownership interest in any other residence or vacant lot. The net worth of an applicant(individual or family) shall not exceed 25% of the purchase price of a home sold pursuant to this section. The eligible applicants shall-must be grouped —efity basis, and a lettery system will registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer within g 6upzzrc� Arrixu=f�aEEE bl�to the T.. .r, Beard. The r;+. llup urs u� 11 zvrrB�dL­­ ra cd 7 29 2 Og byL.L. r , 8 2009; 5✓2-2016 by L L N n �nl tiT a4neonie eligible ..............,,.... .,r fi..._._«_., who have lived ---the Town -- Southold in the same sehool dist-Fiet as the dwelling unit or lot for- a period of a least three yeafs prior-to the submission of their application. 2±1neeme eligible individuals or families who have lived in the Tev'%o Southold for a period of at least tluee years prior-to the submission of thei ap JLJneeme 1' 'bl individuals/familiewho have boar. employed eu i the To of ziNa o - - Southold for a period of at leas three years prier to the submission of their- appheation. (4) Tncoxc-eligible ind-`z•.al ica1 s.-rf mrrrc$-who-hiu'c-picviousiy-iive . f.,. ., !C\ To all other el:s„hle ,r,rl;nni k� D. Age-restricted (age 55 and over) dwelling units or unimproved lots. The sale or lease of dwelling units and unimproved lots in an age-restricted community shall be reserved for age eligible moderate-income families registered in the Town of Southold Housing Registry, as 'administered by the Government Liaison Officer in the following ,lei +,,.[Amended maned 7 229 2008 by L.L. No 4 2004] (1) income l 'hl rl;.,; l,.als'or families where the heard of'L.o„sehol.l e Cc or ever-, who eligave had a p ible.h.�..... idn he T-- n of Southold-for a period vr-arleast rfive years-pizvrsubmission rorthe apprr Ham...:, and..., not.,`:.'�: eEtl estate. House h l l 1 eme may + 1 90, 0/ f the T4UD m edi ineome for Suffolk +. +worth m not exceed twice the r e of the unit to he r, rnhase.l !7\ T 1' :h1e .r,rl: ;rh ads families where+h head Fh h l l cG / b r o age or- over-, who have y residenee in the Town of Southold for- a per-io of at _ ii, and uv not J - 1 real estate. Household ..----...H1 .I „---_ --- act _..--erl 1000% of+he uTTil me l_a„ f Suffelk County, A + r+h m not e e,l twice the priee o f the, „;++o he purchase !2\ Tneome l b ,.h'hl or fnmos , e the head Fhousehold cc o off` T fQ Southold per-o� h h h A -__. I e�rrthe�vvcrr vrvvuazvmzvr a p of at least five years pner to +'-�su-ffi-ission of the application, and who v,41 the + sponsor-! h . .l r'or1 projee ,,be`xt`iid`a h,.resod„+;o„_,f the 800%v Town Boafd). Household of the unit to he r, rnhase.l 0) Tneome l b'hl r.rl,,,.rl„als or families where the head f'household ageGc or'ever, h hh P��esideiiEe in the T-evffi of Southold period divest d of all real P-Stat-p4h.Awl-i I..Is within 90 days of the e0i#Faet exeetAion m4 0 of the HUD .1, —d net wofth may not exceed twice the prieeA of the , „;+to be r, r..haso.a J Tvyeligible .l' :duals fn or m;l;es where_ the heal of'L.o„sehol.l e cC 6r ever—wnv a-ve h-adzcrti�@nee in the Ty,% f S- ,+hold for-a period of at least five y -spio. to I�e submissilon of the application, and who A411 be divested of all real estate holdiffl.,.-IS 00 days of the eontr-act exeetAion with the pr-ojee Sponsor- LT h l l ' al nIoiffle not e rl Be11]!10%o of+he HUD me l; forC �� 11 r + I „e+�or+h m not e need = e the- of+he r,;+to he p rnhaserl- f� Otherineeme-�� effinAs age 55 or-ever-whose household annual + a 100% f the LIT TTI median ineome for e ff lk Go nt- and o+ rpt, + oa +.. n+t,o +t,a r;t+n b hale vureuuo� _____aJ ____ ________ _..___ ____ trine ___ _. a be § 280-38 Use regulations. In the Residential Office (RO) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board, provided that not more than one use shall be allowed for each 40,000 square feet of lot area: (6) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot Tenants must work or reside in the Town of Southold at the time they take possession The eligible applicants must be registered in the Town of Southold Housing Registry administered by the Government Liaison Officer prior to the commencement of any tenancy. b Converted space shall be limited to a maximum of six (6) moderate income residential rental units. c As a condition of the granting of a special exception by the Zoning Board of Appeals propegy owners must convert said applied for space to residential use within six(6) months rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight (8) years from the date of granting d All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e All converted affordable residential housing_ must have at least one parking space per unit. § 280-41-Use regulations. In the LB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and are subject to site plan approval by the Planning Board: (5) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot Tenants must work or reside in the Town of Southold at the time they take possession The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b Converted space shall be limited to a maximum of six (6) moderate income residential rental units. c. As a condition of therg anting of a special exception by the Zoning Board of Appeals, property owners must convert said applied for space to residential use within sik (6) months, rent the units at a_rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight (8) years from the date of granting d. All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e. All converted affordable residential housing must have at least one parkin space pace per unit. § 280-44-Purpose. The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, including retail, office and service uses, public and semipublic uses, as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area. § 280-45-Use regulations. [Amended 5-9-1989 by L.L.No. 6-1989; 12-12-1989 by L.L. No. 23-1989; 7-31-1990 by L.L. No. 16-1990; 5-16-1994 by L.L. No. 9-1994; 11-26-1994 by L.L. No. 26-1994; 2-7-1995 by L.L. No. 3-1995; 10-17-1995 by L.L. No. 21-1995 5-6-2003 by L.L. No. 10-2003] In the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, iI tended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(l' ), (2), (3) and (20) hereof, are subject to site plan approval by the Planning Board:[Amended 4-20-2004 by L.L. No. 11-2004] MOne-family detached dwelling, not to exceed one dwelling on eaeh le t. T-h-e dwellingmust be eeeupied by n WArnA Two-family dwelling of to exeeed one dwelling on eaehlet. The dwelling mus+b eeeupied by+L. of+ prope.+,. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Boa{d, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 6-20-2006 by L.L. No. 8-2006] (11) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot.. Tenants must work or reside in the Town of Southold at the time they take possession. The eliig ble applicants must be'registered in the Town of Southold Housing Reg�stry, administered by the Government Liaison Officer prior to the commencement of any,tenancy_ b. Converted space shad be limited to a maximum of six (6) moderate income residential rental units. c. As a condition of therg antin of f a special exception by the Zoning Board of Appeals, property owners must convert said applied for space to residential use within six (6) months rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight (8) years from the date of granting d All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e All converted affordable residential housing must have at least one parking space per unit. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are subject to Article XIX, are subject to site plan review: LaAccessory uses as set forth in and regulated by § 280-13C(1)through M of the Agricultural-Conservation District, and subject to the conditions set forth in § 280-15 thereof. aApartments are permitted within the prineipal building only, subject to the following requirements: LaIThe Building Department issuing an accessory apartment permit. The habitable floor area of each apartment shall be at least 350 square feet. .(c) There(c) shall b mer-et r th +�,..A nt e ate n or_maintained any ;,, .1e *r„^+„re. The Apartment shall have all requisite Suffolk County Department of Health approvals. L�LEach apartment shall have at least one off-street parking space. Construction and/or remodeling of an existing structure to create an accessory apartment shall not trigger the need for site plan approval set forth specifically in § 280-127 and Article XXIV in general unless such construction or remodeling results in an increase of the foundation size of the structure. fes' The apartment(s) shall not comprise more than 50 40% of the principal building. (g) Each apartment on the subject property is to be occupied by either a property owner's immediate family member or an individual who is registered on the Southold Town Affordable Housing Registry and is eligible for placement prior to possession being taken. § 280-48 Use regulations. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(17), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board. (18) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families i who do not have any ownership interest in any other residence or vacant lot.. Tenants must work or reside!in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b. Converted space shall be limited to a maximum of six (6) moderate income residential rental units. c. As a condition of the granting of a special exception by the Zoning Board of Appeals, property owners must convert said applied for space to residential use within six(6) months, rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units,-and maintain the excepted residential!units as affordable residential housing for a minimum period of eight(8i) years from the date ofrg anting d. All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e. All converted affordable residential housing must have at least one parkin space pace per unit. f § 280-58-Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 5-23-1989 by L.L.No. 7-198'19; 4-28-1997 by L.L.No. 6-1997; 11-12-1997 by L.L.No. 26-1997; 2-12-2013 by L.L.No. 2-2013; 6-17-2014 by L.L. No. 7-2014] (11) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot. Tenants must work or reside lin the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Register, administered by the Government Liaison Officer prior to the commencement of any tenancy. b. Converted space shall be limited to a maximum of six (6) moderate income residential rental units. c. As a condition of therig of a special exception by the Zoning Board of Appeals property owners must convert said applied forspace to residential use within six (6) months, rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight(8) years from the date ofrag nting d. All converted affordable residential housing shall be subject to all Town and County building code land septic specifications. e. All converted affordable residential housing must have at least one parkin space pace per unit. I I f The premises must be located within a designated hamlet locus (HALO) zone § 280-62 Use regulations. In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 4-28-1997 by L.L. No. 6-1997; 2-12-2013 by L.L. No. 2-2013; 6-17-2014 by L.L. No. 7-2014] (18) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot Tenants must work or reside'in the Town of Southold at the time they take possession The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b Converted space shall be limited to a maximum of six (6) moderate income residential rental units. c As a condition of ther'g antro of f a special exception by the Zoning Board of Appeals property owners must convert said applied for space to residential use within six (6) months rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight (8) years from the date ofrg anting d All converted affordable residential housing shall be subject to all Town and Count by uilding code.and septic specifications. e All converted affordable residential housing must have at least one parking space per unit. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: November 8, 2017 BY THE ORDER OF THE SOUTHOLD TOWN BOARD i i Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISH IN THE NOVEMBER 116, 2017 EDITION OF THE SUFFOLK TIMES AND PROVIDE ONE (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN CLERK'S OFFICE, PO BOX 1179, SOUTHOLD,NY; 11971. i r l �I i i i i i i f 'I I I i E y 1} Southold Town Board - Letter Board Meeting of November 8, 2017 5UiF0(, RESOLUTION 2017-949 Item# 5.33 1,NOP, ADOPTED DOC ID: 13529 THIS IS TO CERTIFY THAT THE FOLLOWINGI RESOLUTION NO. 2017-949 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 8,2017: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 8th day of November, 2017,a Local Law entitled "A Local Law in relation to Amendments to Chapter 280 of the Town Code entitled `Zoning"' and it is RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 MaIn Road, Southold,New York, on the 5th day of December,2017 at 7:30 p.m. at which time all interested persons will be given an opportunity to be heard. f The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 of the Town Code entitled `Zoning"' reads as follows: LOCAL LAW NO. 2017 i A Local Law entitled, "A Local Law in relation to Amendments to Chapter Chapter 280 Zoning, in connection with the Affordable Housing"! i BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To amend Chapter 280 to increase options for affordable housing within the Town of Southold and to increase regulatory compliance and grant funding availability for the same. 11. Chapter 280 of the Code of the Town of Southolld is hereby amended by adding the underlined words and removing the struck items as follows: § 280-13_Use regulations. [Amended 3-14-1989 by L.L.No. 3-1989] In A-C= R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the'Board of Appeals, as hereinafter provided, and, except for the uses set fort in Subsections B(1), (13) and (14) hereof, are subject to site plan approval by the Planning Board: f I Generated November 9, 2017 Page 56 I r v Southold Town Board - Letter Board Meeting of November 8, 2017 (17) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot. Tenants must work or reside in the Town of Southold at the time the t�possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy_ b. Converted space shall be limited to a maximum of six (6) moderate income residential rental units. C. As a condition of therg_anting of a special exception by the Zoning Board of Appeals, property owners must convert said applied for space to residential use within six (6)months, rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight (8)years from the date ofrg anting d. All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e. All converted affordable residential housing must have at least one parking space per unit. f. The premises must be located within a designated hamlet locus (HALO) zone D. Rental permit for accessory apartments.Notwithstanding any prior course of conduct or permission granted, no owner of property shall cause,permit, or allow the occupancy or use of an accessory apartment created pursuant to § 280-13A(6) or § 280-13B(13) without a valid rental permit issued upon application to the Chief Building Inspector.[Added 6-15-2010 by L.L.No. 2-2010] glThe owner of an accessory apartment in an accessory structure lawfully existing pursuant to § 280-13B(13) shall, in addition to the information required in § 280-13D(1)(a) through (f), provide a certification that: The existing single-family dwelling or the accessory apartment in the accessory structure is occupied by the owner as the owner's principal residence. The other dwelling unit on the subject property is to be occupied by either a family member or anent an individual who is currently on the Southold Town Affordable Housing Registry and eligible for placement. Rents charged to a tenant from the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to § 280-30F of this Code. The dwelling unit is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. Generated November 9, 2017 Page 57 Southold Town Board -Letter Board Meeting of November 8, 2017 § 280-17_Use regulations. In an R-40 District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (3) Conversion of existing space to affordable residential housing_ a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot. Tenants must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy, b. Converted space shall be limited to a maximum of six (6) moderate income residential rental units. c. As a condition of the ranting'of a special exception by the Zonis Board of Appeals property owners must convert said applied for space to residential use within six (6)months rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units and maintain the excepted residential units as affordable residential housing for a minimum period of eight (8)years from the date of granting d. All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e. All converted affordable residential housing must have at least one parking spaceep r unit. f. The premises must be located within a designated hamlet locus (HALO) zone C. Accessory uses, limited to the following:, MSame as § 280-13C of the Agricultural-Conservation District. (2) Same as §280-13D of the A-C R-80 R-120 R-200 and R-400 Districts § 280-30_General regulations and requirements. A. The Town Board shall require the recording of covenants and restrictions that shall apply to all real property within the AHD District. The covenants and restrictions shall contain terms and conditions as the Town Board and Planning Board deem necessary to insure the property is used for purposes consistent with the purposes for which the AHD zoning classification was created, and they shall be subject to the approval of the Town Attorney. The covenants and restrictions shall include the following: [Amended 5-3-2016 by L.L. No. 4-2016] C. Eligibility (non-age-restricted). In each AHD, the sale or lease of dwelling units and unimproved lots shall be reserved for moderate-income families who do not have any ownership interest in any other 'residence or vacant lot. The net worth of an applicant (individual or family) shall n;ot exceed 25% of the purchase price of a Generated November 9. 2017 Page 58 i v Southold Town Board - Letter Board Meeting of November 8, 2017 home sold pursuant to this section. The eligible applicants sural-1-must be greUPed priority basis, and a letter., system will be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer within eb gfoup in n f ,1a aee€pptable to the T. m B., rd . The pr-ier-ib, groups are as fellows.: f Aended 7 29 2 byL.L.No. 8 8 -3 2016 by L.L. Ne 4 20161 (11 Tneome eligible individuals or families who have lived i the T.,,,,r, „f Southold in the same seheol disir-iet as the dwelling unit or lot for a period of at least tbprior-yearsto the submission eft their-applieation f2j4neome eligible individuals or-families who have lived in the Town e Southold f a period f at least three years prior- , to the subm1_J_J1 Vlof tT li application. r fajneome eligible individuals/families who have been employed in!he TwAm o Southold for- a period of at least thfee years prior-to the submission of their r,l, a+ rr (4) Tneeme eligible individuals/families Duhe have_previously lived f three years in the T. of Southold and_w s wish r�r (Gl To all other- eligible_apph•eants fTr1l.U11lJ. D. Age-restricted (age 55 and over) dwelling units or unimproved lots. The sale or lease of dwelling units and unimproved lots in an age-restricted community shall be reserved for cage eligible moderate-income families registered in the Town of Southold Housing Registry, as administered by the Government Liaison Officer in+1, f 11 order- f priority![A rr,er,ded 7 79L2008 by L.L. -No. 8 2008] (1) ineeme eligible individuals or families where the head of household is age 5-5 or-ever-, who have had im es`denee-" the Town_ f Southold ld f ,d •, a. a. .. » »primary J —•+ »---- --��'-��VVUC11V1U 1V1 U per of at least five years prior-to the submission of the and do not ow -i real estate. Household annual income may fiet exceed 80,14o of the 14UD medi f Suffolk G + d riot wortL, rr, of exceed tw ee the price of the unit to be ptifehased. (2) Income eligible individuals or families where the head fhousehold is age 5 h have had pr- sidenee in the To of Southold for-a p of at least five years pi:iar-to the submission of!he applieation, and do not own real estate. Household annual ineeme may not exeeed 0 of the 14UD median ineome f6r- Suffolk County, and net worth may not exeeed t-wiee the pfiee of the unit to ben rehased f1hineome eligible individuals or-families wher-e the head of household is age 5-5 of who have had pr- nide ee ,n the Town of_Southold for-a period of t least fiyearspr- to !b submission of the nnr,l;en+;on and Who will be divested of all Feal estate holdings within 90 days of the eontr-aet exeeution with the prejeet sponsor- (sueh ninety day period may be extended by resolution of the Town Bear-d). 14eusehold annual ineeffle may not exeeed 0 of the HUD faed' ineeme for- Suffolk (ten + d net, "rth m not exceed_twiee the r fth nit to be r r..hased_ uJ,.u. (ill Tneome eligible individuals or-families where the head of household , e 55 or- over-, who have had a primary residenee in the Town of Southold for a period Generated November 9, 2017 Page 59 s Southold Town Board - Letter Board Meeting of November 8, 2017 of at least five years prior-to the of the applieation, and who v4ll be divested of all real estate holdings withiit 90 days E)f the eentr-aet exeeutiofi with Board). Household annual ineome may not e d 1001% of the HUD median ineeme for- Suffolk CoutAy, and net worth may not exeeed twiee the price of the unit to be r ,-(.1,.sed Jajneome eligible individuals or-families wher-e the head of household is age 5-5 ori r, who have had-aresideme the I-,y,, of Sout1„-.l�viu for period of at least five years prior-to the submission of th&application, and whe will be divested of all real estate holdings within 90 days of the eepAr-aet exeeutien with the pr-0jeet ineeme for-Suffolk Count-y, and net wei4h may not exeeed twiee the pfiee of the unit to be pufohased-. jf±Other-ineome eligible applicapAs ago 55 or- over-whose household afmual % of the 14UD median ineome for Suffolk County, and .y not exeeed 100, § 280-38 Use regulations. In the Residential Office (RO) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: , B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board, provided that not more than one use shall be allowed for each 40,000 square feet of lot area: (6) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot.. Tenants must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b. Converted space shall be limited to a maximum of six (6) moderate income residential rental units. c. As a condition of the granting,of a special exception by the Zoning Board of Appeals, property owners must convert said applied for space to residential use within six (6) months, rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight (8) years from the date of granjilig d. All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e. All converted affordable residential housing must have at least one parking space per unit. �I Generated November 9, 2017 Page 60 e Southold Town Board - Letter Board Meeting of November 8, 2017 § 280-41_Use regulations. In the LB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and are subject to site plan approval by the Planning Board: (5) Conversion of existing space to affordable residential housing_ a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot.. Tenants must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registr, administered by the Government Liaison Officer prior to the commencement of any tenancy. b. Converted space shall be limited to a maximum of six (6)moderate income residential rental units. c. As a condition of therg anting of a special exception by the Zoning Board of Appeals, property owners must convert said applied for space to residential use within six (6)months, rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight (8) years from the date ofrg anting d. All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e. All converted affordable residential housing must have at least one parking space per unit. § 280-44-Purpose. The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, including retail, office and service uses, public and semipublic uses, as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area. § 280-45-Use regulations. [Amended 5-9-1989 by L.L. No. 6-1989; 12-12-1989 by L.L. No. 23-1989; 7-31-1990 by L.L. No. 16-1990; 5-16-1994 by L.L. No. 9-1994; 11-26-1994 by L.L. No. 26-1994; 2-7-1995 by L.L. No. 3-1995; 10-17-1995 by L.L. No. 21-1995; 5-6-2003 by L.L. No. 10-2003] In the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A1), (2), (3) and (20) hereof, are subject to site plan approval by the Planning Board:[Amended 4-20-2004 by L.L. No. 11-2004] Generated November 9; 2017 Page 61 J Southold Town Board - Letter Board Meeting of November 8, 2017 One-family detached dwelling, not to exceed one dwelling on each lot. Th dwelling must be e .l L. the f the ,-t, lllllb;:..., vi�cip}^ccrv��zx��ici-vrcnt—prvper�� Two-family dwelling,nal to eased one-dwelling on eaeh let. The- dwel-ling 111UJL VV oeetipied by the eyffier-of the propefty-. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 6-20-2006 by L.L.No. 8-2006] (11) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot.. Tenants must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of antenancy. b. Converted space shall be limited to a maximum of six (6)moderate income residential rental units. c. As a condition of the granting of a special exception by the Zoning Board of Appeals property owners must convert said applied for space to residential use within six (6)months, rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units and maintain the excepted residential units as affordable residential housing for a minimum period of eight (8) years from the date of grantinR d. All converted affordable residential housing shall be subject to all Town and Counly building code and septic specifications. e. All converted affordable residential housing must have at least one parking space per unit. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are subject to Article XIX, are subject to site plan review: fjlAccessory uses as set forth in and regulated by § 280-13C(1) through (7) of the Agricultural-Conservation District, and subject to the conditions set forth in § 280-15 thereof. Apartments are permitted within the,pr-ineipal building only, subject to the following requirements: The Building Department issuing an accessory apartment permit. LtIThe habitable floor area of each apartment shall be at least 350 square feet. --, rxiro-r-�mcrrrrrnz €�iTsC�e-crcca�rztrntrrcctrttnrtrY73 any single str-urThe Apartment shall have all requisite Suffolk County Department of Health approvals. (d) Each apartment shall have at'least one off-street parking space. (e) Construction and/or remodeling of an existing structure to create an i Generated November 9, 2017 Page 62 a Southold Town Board - Letter Board Meeting of November 8, 2017 accessory apartment shall not trigger the need for site plan approval set forth specifically in § 280-127 and Article XXIV in general unless such construction or remodeling results in an increase of the foundation size of the structure. (f) The apartment(s) shall not comprise more than 50 40% of the principal building. (g) Each apartment on the subject property is to be occupied by either a property owner's immediate family member or an individual who is registered on the Southold Town Affordable Housing Registry and is eligible for placement prior to possession being taken. §280-48 Use regulations. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(17), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board. (18) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot.. Tenants must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b. Converted space shall be limited to a maximum of six (6) moderate income residential rental units. c. As a condition of the granting of a special exception by the Zoning Board of Appeals, property owners must convert said applied for space to residential use within six (6)months, rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and maintain the excepted residential units as affordable residential housing for a minimum period of eight (8) years from the date ofrg anting d. All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e. All converted affordable residential housing must have at least one parking space per unit. § 280-58_Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 5-23-1989 by L.L. No. 7-1989; 4-28-1997 by L.L.No. 6-1997; Generated November 9, 2017 Page 63 r ' lr Southold Town Board - Letter Board Meeting of November 8, 2017 I 11-12-1997 by L.L. No. 26-1997; 2-12-'2013 by L.L.No. 2-2013; 6-17-2014 by L.L.No. 7-2014] (11) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership'interest in any other residence or vacant lot. Tenants must work or reside in the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy. b. Converted space shall be limited to a maximum of six (6) moderate income residential rental units. c. As a condition of the granting of a special exception by the Zoning Board of Appeals, property owners must convert said applied for space to residential use within six (6)months,rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units and maintain the excepted residential units as affordable residential housing for a minimum period of eight(8) years from the date of granting d. All converted affordable residential housing shall be subject to all Town and County building codeland septic specifications. e. All converted affordable residential housing must have at least one Parking space per unit. ! f. The premises must be located within a designated hamlet locus (HALO) zone . I § 280-62 Use regulations. In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or inp art, for any purpose except the following: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection 13(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 4-28-1997 by L.L. No. 6-199;7; 2-12-2013 by L.L.No. 2-2013; 6-17-2014 by L.L.No. 7-2014] (18) Conversion of existing space to affordable residential housing. a. Tenants shall be reserved to moderate-income individuals and families who do not have any ownership interest in any other residence or vacant lot.. Tenants must work or resideCin the Town of Southold at the time they take possession. The eligible applicants must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer prior to the commencement of any tenancy.. b. Converted space shall be limited to a maximum of six (6) moderate income residential rental units. c. As a condition of therantin �og� f a special exception by the Zoning Generated November 9, 2017 Page 64 Southold Town Board - Letter Board Meeting of November 8, 2017 Board of Appeals, property owners must convert said applied for space to residential use within six (6) months, rent the units at a rate at or below the maximum allowable monthly rent for affordable housing units, and a maintain the excepted residential units as affordable residential housing for a minimum period of eight (8) years from the date of granting d. All converted affordable residential housing shall be subject to all Town and County building code and septic specifications. e. All converted affordable residential housing must have at least one parking space per unit. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated November 9, 2017 Page 65