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HomeMy WebLinkAboutLL #03 2018 SOUTHOLD TOWN BOARD PUBLIC HEARING April 10, 2018 7:31 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 7:57 PM COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of March, 2018, a Local Law entitled "A Local Law in relation to Amendments to Chanter 280-13 Accessory Apartments in Accessory Structures" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 10th day of April at 7:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280- 13 Accessory Apartments in Accessory Structures" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280-13 Accessory Apartments in Accessory Structures" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To provide more Affordable Housing opportunities within the Town of Southold. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: Public Hearing, Amendments to Ch 280-Accessory Apartments April 10, 2018 page 2 § 280-13 Use regulations. [Amended 3-14-1989 by L.L. No. 3-19891 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: [Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by L.L.No. 6-1993; 12-2'1-1993 by L.L. No. 3-1989; 11-29-1994 by L.L. No. 26-1994; 12- 27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20- 1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-20101 (13)One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (a) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (b) A minimum of three off-street parking spaces shall be provided on premises. (c) Not more than one accessory apartment shall be permitted on a lot. (d) The accessory apartment shall meet the requirements of an apartment as defined in § 280-4 hereof. (e) The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. (f) The aeeessor-y struetufe whieh is eonverted, in whole Or-in paA-,to permit an - Tand be eligible valid rccrtiflcc+cvfv NJ issued prior-to i, 2004 rA. en 5 24 2011 1, L.L. No. 6 20111 (f) The existing accessory structure shall comply with all other requirements of this chapter. (g) Approval of the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (h) No bed-and-breakfast facilities, as authorized by § 280-13B(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: [1] The owner of the premises shall occupy either the existing single-family dwelling unit or the accessory apartment in the detached accessory structure as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy Public Hearing, Amendments to Ch 280-Accessory Apartments April 10, 2018 page 3 evidenced by a written lease for a term of one or more years to: [a] A family member; or [b] To a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement. [2] Rents charged to a resident on the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to § 280-30(F) of this Code. [3] No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. [4] An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. (j) The Chief Building Inspector, Zoning Inspector, and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. (k) No special Exception shall be granted unless-the Zoning Board of Appeals in addition to the considerations determinations and findings required in §§ 280-142 and 280-143 specifically finds and determines the following: [11 That the granting to he Special Exception will not adversely impact the privacy and use and enjoyment of any adjoining parcel. [21 That the granting of the Special Exception will not adversely impact the character of the neighborhood in which it is located. 131 That the cumulative effect of approving the present application along with previously approved applications will not have a cumulative adverse impact on the surrounding neighborhood. [41 That the cumulative effect of approving the present application along with previously pproved applications will not have a cumulative adverse impact on the school district in which the property is located. [51 That sufficient off-street parking exists on the subject property to accommodate the proposed accessory apartment. 161 Whether adequate buffer yards and screening can and will be provided to protect adjacent properties possible detrimental impacts of the proposed use. § 280-15 Accessory buildings and structures. [Amended 4-10-1990 by L.L. No. 6-1990; 7-17-1990 by L.L. No. 14-1990; 2-5-1991 by L.L. No. 2-1991; 12-22-1992 by L.L. No. 33-1992; 1-16-2007 by L.L. No. 2-2007; 4-22-2008 by L.L. No. 3-20081 In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and Public Hearing, Amendments to Ch 280-Accessory Apartments April 10, 2018 page 4 R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Buildings with a flat or mansard roof shall not exceed 16 feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subject to the following height and setback limitations: Lot Size (square feet) Maximum Height (feet) Minimum Setback for Side and/or Rear Yard (feet) Less than 10,000 18 3 Less than 10,000 20 5 Less than 10,000 22 10 10,000 - 19,999 18 5 10,000 - 19,999 20 15 10,000 - 19,999 22 20 20,000 - 39,999 18 10 20,000 - 39,999 20 15 20,000- 39,999 22 20 40,000 - 59,999 22 15 60,000 -79,999 22 20 80,000 and over 22 25 C. Such buildings shall not exceed"0 1,000 square feet on lots containing up to 20,000 square feet and shall not exceed 7-501,200 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessory building shall exceed 3% of the total size of the parcel. D. Dormers are permitted on accessory buildings up to 40 80% of the roof width. This restriction shall not apply to buildings receiving a certificate of appropriateness from the Town of Southold Historic Preservation Commission pursuant to Chapter 170 of the Town Code. E. Any accessory structure that is not a building shall not exceed 18 feet in height and shall be set back at the minimum required in Subsection B above. F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard,provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code, and the side yard setback requirements for accessory buildings in Subsection B above. 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 Public Hearing, Amendments to Ch 280-Accessory Apartments April 10, 2018 page 5 by law. I do have a signed affidavit here that this has been noticed on the Town Clerk's bulletin board, as well as in the Suffolk Times. A letter from the Suffolk County Department of Economic Development and Planning, that this is a matter for local determination, there is no apparent county-wide or significant impacts. A decision of local determination should not be construed as either an approval or disapproval. And that's it. SUPERVISOR RUSSELL: I would invite anybody that would like to address the Town Board on this local law to please feel free? RALPH VIVINETTO: I am Ralph Vivinetto from Southold. And we are here, my neighbors and other neighbors concerned what is going to be in here, they started cutting trees down and we just want some information so I guess you just gave it to us April 10, so should I address MY.... SUPERVISOR RUSSELL: Oh, the information for? MR. VIVINETTO: For the low housing, right here on Wells Avenue. SUPERVISOR RUSSELL: There is no proposal for housing. You are talking about the vacant lot that is across from Feather Hill? MR. VIVINETTO: Yes. SUPERVISOR RUSSELL: There is no proposal for housing on that lot, that was actually recently purchased by a developer. I am unaware of him having any specific goals. There had been proposals over the years for senior housing there but it wouldn't be addressed by the, this particular amendment that we are making. This if for residential properties and it would be for one accessory apartment per property. MR. VIVINETTO: So what you are saying is there is nothing being built there? SUPERVISOR RUSSELL: He had asked for permission from the town to clear some of the dead wood, some of the trees and that's all he did but we have no application pending. MR. VIVINETTO: So as far as you know,there is nothing going on? SUPERVISOR RUSSELL: Nothing going on. MR. VIVINETTO: That's good for me. Thank you. SUPERVISOR RUSSELL: Okay. Who else would like to address the Town Board on this particular local law? CLEM CHARNEWS: Hi, my name is Clem Charnews, good evening. On the accessory Public Hearing, Amendments to Ch 280-Accessory Apartments April 10, 2018 page 6 apartments, I don't know if this is the right forum but I do have some questions. SUPERVISOR RUSSELL: Sure. MR. CHARNEWS: One is I didn't quite catch the deal on the CO. My building has never had a CO, they are 150 years old. Is that an issue? SUPERVISOR RUSSELL: It shouldn't be. I would defer all the issues of the CO to the chief building inspector. Under the legislation previously, the house, the garage needed to be CO'd I think 5 years prior or cutoff date of 2008 and what we did was we eliminated that as a requirement. MR. CHARNEWS: I thought so. SUPERVISOR RUSSELL: So you can come in and get a new CO based on the construction. MR. CHARNEWS: So I have been watching this a little bit, I have a couple more questions, I don't know if this is the right forum... SUPERVISOR RUSSELL: No, please. MR. CHARNEWS: Number one is from what I understand there is a list, you know, if you don't have a family member to rent the apartment you have a list or somebody here has a list. How is this list originated, you know, what is the criteria? SUPERVISOR RUSSELL: Sure. We have .an affordable housing registry and the registry is created by following income guidelines that are established by the town each year. there's probably right now 147 names. It's very outdated because it's an older list and one of the problems is, when you go to canvas to say update the list, people lose interest because they applied to be on the list year after year and when nothing gets built, their interest starts to wane. But generally speaking, there's criteria, there's a hierarchy, town residents, certain income criteria and all of those things get followed. You don't have to be on the list to rent to someone, they just need to qualify for that criteria. MR. CHARNEWS: Oh, if I know someone that is not on that list and they happen to qualify as being local or.... JUSTICE EVANS: They do have to get put on the list. SUPERVISOR RUSSELL: They have to qualify for the criteria on the list but yes, if you have someone you want to rent to and as long as they can come in and meet the criteria to be on the list, then yes, you can rent to them. MR. CHARNEWS: And one other thing because I didn't see this in your literature, I guess, is the rents controlled by some degree? Public Hearing, Amendments to Ch 280-Accessory Apartments April 10, 2018 page 7 SUPERVISOR RUSSELL: Yes, the rents are established by town code each year, I'can give you, I should have brought it with me tonight but I didn't, I am sorry but the rents themselves aren't necessarily aren't inconsistent, probably less but not substantially less than what the current market rent would be on the apartment anyway. MR. CHARNEWS: So would a 450 square foot apartment rent for the same thing as a nice new 700 square foot apartment? SUPERVISOR RUSSELL: No. No. The size of the, size of the number of bedrooms would change the rent that's allowed to be collected, the occupancy in terms of how many family members,just as a benchmark. There's a proposal in Greenport right now, I am not saying it's going forward, I am just saying in that particular case, I think it's some 40 apartments. The studio would rent for about $900 a month and then that goes up based on size and family, the size of the family to about I believe $1,600-$1,700. MR. CHARNEWS: Okay. So if I have any more of these kinds of questions, where do I find the details, who do I talk to in Town Hall? SUPERVISOR RUSSELL: Sure, Denis Noncarrow is located right in my office. He would be in charge of overseeing the affordable housing program. It's 765-1889, Denis. You can call me if you want and I will make sure he gets the message. MR. CHARNEWS: Terrific. Thank you very much. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this local law? URAL TALGAT: Hi. My name is Ural Talgat, I am an architect, living and working in town. I also didn't know all the particulars about the law, so I came in here with a different kind of vision about what this law was about. But I also want to point out a couple of things to the board because back in 2002, 1 was asked to participate in a law about controlling density and something called McMansions and accessory structures were part of that. I would like to show the town board a couple of pieces of paper... SUPERVISOR RUSSELL: Please. MR. TALGAT: These are structures that meet the current law and these are structures that meet the proposed law in terms of size. As an architect, this is (inaudible) and doesn't need to be revamped in order to move into the next realm of law and if you guys can pass that along, you can see the difference as an architect (inaudible). This is also a offset of buildings with the existing law as it stands today. Each one of those pictures demonstrate a size, a volume, building on a piece of property and I guess I am very sensitive to that because I look out my kitchen window and I can see the sky. When you have accessory structures that are placed to the property line that then limits the view to the sky, I have a problem with that. Part of, I have a couple of things here that were written back in 2002 regarding accessory structures. I would like to also give this to the board, it's my own copy so if you could just give them back to me, but if you can review them and understand what it means to have a larger volume space, to me what Public Hearing, Amendments to Ch 280-Accessory Apartments April 10, 2018 page 8 that means is, when I studied that and when we came up with the notion of dormer size, dormer width of 40 % versus 80 % of what the code wants to go to that would mean an extra bedroom and to us, an extra bedroom is wonderful, it's fine but in the middle of summer when everyone is out here, that extra bedroom also means an extra car on the road and trying to get from where I live to the LIE, it used to take me an hour and 45 minutes to go into Queens, now it takes me two hours to go into Riverhead to get to the LIE, so if you were adding more cars on the roads with more volume of accessory structures, our time limit of driving during peak periods is going to be so much more. And I am afraid to think, three hours driving from Greenport to the LIE? That's a little bit much. Now this was in 2002, back then the commute was fine but somewhere between 2002 and 2018, the traffic has increased tremendously and this has to do with the density on a piece of property and by adding an extra bedroom to already a single family parcel, that's an extra car. And if we say for example, today or next year we allow 100 of these applications to go forward and year after year, you add to that, that's 500 more cars on the road in a total of five years. Now that traffic to the LIE, given the two byways we have, the Main Road and the North Road, if one of those byways closes down,the commute is going to be crazy. I am sure everyone here has sat in traffic trying to get from point A to point B, we try to avoid it, not traveling during those periods in time but if you can just imagine, on a Sunday afternoon you need to get to Stony Brook University and those roads are just inundated by traffic, that's going to be a burden to all of us here. So I would like the Board to consider that, it's for our future and our future so far back in 2002 to today has been kind of a burden for us who live and work here, I can't just imagine in 15 years what that's going to be. I just want the Town Board to kind of look through the paperwork and think about those issues. I wonder when we go in front of a Planning Board to do a project, a commercial project, traffic studies are required, sometimes. H as a traffic study been required on a law like this? SUPERVISOR RUSSELL: No, it hasn't. MR. TALGAT: And I think it's important, a traffic study is important. This kind of law will take the population on the road and I am just afraid. That's it. Thank you. SUPERVISOR RUSSELL: I just want to address one thing with regard to the population. It's very narrow on who can live in the apartment and they are already living here. A family member is already part of the town, his car is already on the road. MR. TALGAT: Yes, but a friend can always call up and say hey, it's a wonderful weekend, why don't you come out from the city or wherever you are coming out from, that's an extra car, an extra bedroom. An extra bedroom means an extra car, driving out here. SUPERVISOR RUSSELL: It would also void the terms for the ZBA approval and they could have it revoked. MR. TALGAT: Alright, okay, but it's a friend for the night. you are spending the night, you are going to go back, again, it's cars on the road for the weekend. It affects my life, it affects everybody's life here. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this Public Hearing, Amendments to Ch 280-Accessory Apartments April 10, 2018 page 9 particular local law? BILL GILLOOLY: Bill Gillooly from Orient. I hadn't intended to speak and I really don't have a prepared statement but I am more concerned not about traffic, not about the LIE and getting to Queens or to Stony Brook, I am concerned about the fact that the Town of Southold graduates between 150 and 200 kids a year from the schools in Mattituck and Southold and'Greenport, having been a lifelong resident here, I am concerned about the fact with prices going up, kids are having an awful hard time staying here and if we can get them started here, I don't think they will be going up island, I hope they will be going into the Greenport IGA for their needs, I hope that parents that have lived here all their lives, will find a way by either renting to their child or trading houses with their child, moving into a smaller unit, that they will be able to stay here. Maybe have a small income and maybe be able to offset some of the other expenses that are going on in Southold Town. I applaud the Board for looking into this, for considering it and I hope that you have other ideas that are as good as this for the future. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Board on this particular hearing? (No response) One quick thing, just to clarify, actually a lot of the legislation that we are probably addressing tonight was put in place, I think actually I was a fairly new Supervisor, 2006-2007, limits on dormer sizes and all those things. The problem is now we have experience living with those laws and there were unintended consequences to that, for instance, the 40% dormer seemed like a reasonable restriction at the time, so what happened was we started to see people build up colonials. Pretty substantial accessory structures that weren't going to be captured under that 40% limit and that's one of the, another thing is that you limit the size of the structure, that's a good idea, the problem is it didn't limit the number of structures that can be on a site. So theoretically you could take the garage, apply for the one accessory apartment under the current code and then just build another garage, so there's clutter there that you know, again, the legislation was good, the intended purpose at the time but now that we have experience, we want to go back and revisit things from time to time. But I understand everything you said, I certainly do. This hearing was closed at 8:12 PM • �6 Eliz eth A. Neville Southold Town Clerk Fkjt ELIZABETH A. NEVILLE,MMC ®�® , C �{ '>'' i 1 Town Hall,53095 Main Road , TOWN CLERK �.' ' L A Fptl t,, G P.O.Box 1179 ® Southold,New York 11971 REGISTRAR OF VITAL STATISTICS At .9: 39 Fax(631)765-6145 MARRIAGE OFFICER ,d, ®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER RECEIVE® OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD MAY 2018 May 1, 2018 Southold Town Clerk 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 280-13 Accessory Apartments in Accessory Structures Please sign the duplicate of this letter and return to me at your earliest convenience. 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 ' 1 Date: �� 0 nature, Received y Title: Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK 1 STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M. CUOMO GOVERNOR 99 WASHINGTON AVENUE ALBANY,NY 12231-0001 ROSSANA RoSADO WWW.DOS.NY.GOV SECRETARY OF STATE May 9, 2018 RECEIVED Lynda M Rudder Deputy Town Clerk MAY 1 6 2018 Town Hall, 53095 Main Road a PO Box 1179 Southold Town Clerk Southold NY 11971 RE: Town of Southold, Local Law 3 2018, filed on May 3, 2018 Dear Sir/Madam: The above'referenced material was filed by this office as indicated. 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Article Addressed to: D. s delivery address different from item 1? ❑Yes If YES,enter delivery addrtess below: ❑No Q • I�u� a�l� . 3. IIIIIII®I I�III�IIIIII�III� II IIII I Ili I II I�I I I I Be ❑Priority Moll cpre ss® 0 Adult lQMaiI" ult Signature Restricted Delivery ry ❑R f'stared Mail Restricted7dertinfieiCdMal®e Registered 9590 9402 2925 7094 3454 84 ey ❑Certified Mail Restricted Delivery ❑Return Rece'ptfor ❑Collect on Delivery Re 95! 2. Article Number(Transfer from-service laball 11Collect on Delivery Restricted Delivery 13Signature Confirrratfonlm ❑Insured Mail ❑Signature Confirmation ' 70101-, 1060 0001, 15 71 0 0 7 3 E3 Insured Mail Restricted De1Nery` . Restricted Delivery — (over$500) x r PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt',) m o. WQVDlvnb . . . E_-3 o 0 V.si :.'�� ��U, Ver� Ed Ld""U L:at t�� � � i��� t,"" � ;;.�+� � �W � i 6 � 3• � Postage $ a Postage $ ,meq�( 119 Certified Fee ✓- Certified Fee OReturn Receipt Fee Posemea� 0 Return Receipt Fee Postmark , C3 (Endorsement Required) ® pt ,j �J 1 0 (Endorsement Required) Herg� 1� Restricted Delivery Fee t r-3 Restricted Delivery Fee l O (Endorsement Required) O (Endorsement Requued) �0��` � —0O Total Postage&Fees us?- r3 Total Postage&Fees ra rl 110.rApt o � w6*a7-I�ed` �--e .- 5P( p�- @lQ�!� rl ''- 1 .No.; Street Apt. or PO Box No. �6 d --j2_0�- r or PO Box No. 144 Crry,State, --- - - G�Laa :ae 62 �Er�17 ( SIQ�_ ( :oa oo.� ( i • • •N." COMPL&TE THIS SECTION • 1 ■ Complete items 1,2,and 3. A. Signature , N Print your name and address on the reverse � l nt so that we-can return the card to you. x A ressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed C. Date livery or on the front if space permits. 4 1. Article Addressed to- D. Is delivery address diffe nt m item 17 s s'�t r. If YES,enter delivery a1 r below: 133NO r 3. Service Type ❑Priority Mall Express® j �II�I�IIIIIIIII�����I�III� II IIII�fIIIaIIIl�lll ❑Adult Signature ❑Registered MallR i ❑Adult Signature Restricted Delivery ❑Reeggistered Mail Restricted, ❑Certified Mail® Delivery 9590 9402 2925 7094 3454 91 o Collect Certified Delivery Restricted Delivery °M%.nand �'tf°r 2. Article-Number_(rransfer from service laben ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM ❑Insured Mall ❑Signature Confirmation 010. 10t60 0001 .1 s 7.1 0 0 6 6 ❑Insured Mail Restricted Delivery Restricted Delivery (over$500) PS'Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ELIZABETH A.NEVILLIE,MMC Town Hall,53095 Main Road P.O.Box 1179 TOWN CLERK r ;C= �. Southold,New York 11971 REGISTRAR OF VITAL STATISTICS t `; Fax(631)765-6145 MARRIAGE OFFICER ; w '.' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER f - ',� , www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER ..a OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1,2018 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 280-1.3 Accessory Apartments in Accessory Structures Please sign the duplicate of this letter and return to me at your earliest convenience. 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 Date: . s, :!eas- p�rint ature, Rec ved By Title: name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A.NE�TILLE, MMC ?lf��4 Town Hall,53095 Main Road 1179 TOWN CLERK � P.O.Box Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 1 w Fax(631)765-6145 MARRIAGE OFFICER r Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER � �' ' . www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1,2018 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-I3 Accessory Apartments in Accessory Structures Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Elizabeth A.Neville Town Cleric 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 � � (Lo—, Title: Please print naive DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK Town Hall,A.NEVILLE,MMC 53095 Main Road TOWN CLERK '° ` " P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS z ._- i•• x ��' •" Fax(631)765-6145 ^ ' `` Telephone(631)765-1800 MARRIAGE OFFICER - r `. , , ��`>ir! RECORDS MANAGEMENT OFFICER ;� � I .' w `;,'�, t' www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER , OFFICE OF THE'TOWN CLEF TOWN OF SOUTHOLD May 1,2018 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 280-13 Accessory Apartments in Accessory Structures Please sign the duplicate of this letter and return to me at your earliest convenience. 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 _ Dater 1't' Ugnature, Receivvedd By Title: ?��_ _ ' se,print name 1 ea DUPLICATE TO BE SIGNED AND RE"TURNED TO SOUTHOLD TOWN CLERK ELIZABETH A.NEVILLE,MMC ;;r —: .; Town Hall,53095 Main Road TOWN CLEF `-' � P.O.Box 1179 Southold,New York 11971 -- ` Fax(631)765-6145 REGISTRAR OF VITAL STATISTICSi� n F, ry MARRIAGE OFFICERn -' . Telephone(631)765-1800 N RECORDS MANAGEMENT OFFICER -" 1w www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOVff CLERK TOWN OF SOUTHOLD May 1,2018 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 280-13 Accessory Apartments in Accessory Structures Please sign the duplicate of this letter and return to me at your earliest convenience. 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 f 'log Date: Si nature, Received By ��f l� ��2� �� ••�._....__ . __. Title:�.40� Please print name DI;PLICATE 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 OFFICER sfa. �' - - ��'�+A,r i Telephone(631)765-1800 ' RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER = OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1,2018 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 280-1.3 Accessory Apartments in Accessory Structures Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. ;i 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 �4 2* Date: Signature, Rece' By ecc�4'-"6 jTitle;. Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK 05/01/2018 09:29 6317493436 S I TOWN CLERK PAGE 01 Xi4�A'xCnZi}`f. . ELIZABETH A.NEVILLE,MMC '' i3�� �� Town Hall,53095 Main Road TOWN CLERK �'�� �' �� P.O.box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ,1,' Fax(631)765.6145 MARRIAGE OFFICER ; �. ,r Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER '��Q� � .t`�� �' www.aoutholdtQwnny.gov FREEDOM OF INt~OWAATION OFFICER OFFICE OF THE TOWN CLERK{ TOWN OF SOUTHOLD May 1, 2018 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 280-1.3 Accessory Apartments in Accessory Structures Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. 0��o 2?w� 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 Southmnpton Southold Town Planning Board Southold Town Trustees Southold Town.Assessors Southold Town Board of Appeals Southold Town Building Department _ e...•..• .. Date: +��� Signature, Re ve8 By 0Y� — 5' Title � '� Please print nam DUPLICATE TO BE SIGNED AND RETURNED TO SOU'FROLD TOWN CLERK RECEIVED MAY 1 2018 Southold Town Clerk', RECEIVES) n MAY 1 2018 Southold Town Clerk 0510212018 15:04 6312835606 SOUTHAMPTON TORN CLK PAGE 01101 i ELIZABETH A.NEVILLE,MMC Town Hall,53095 Main Road FA.Box 1179 TQ"CLERK Southold,New York 11971 REGISTRAR OF VITAL STA'ITSTICS , 'n Fax(631)765-6145 MARMGE OFFICER ' Telephone(631)765.1800 RECORDS MANAGEMENT OFFICER �'� -�"� � www,sout1joldtowmny,Sov FREEDOM OF INFOR1v aION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1,2018 PLEASE TAKE NOTICE that the Town Board of the'Town of Southold has ENACTED the proposed Local Law entitled. f A, Local Law in relation to Amendment$ to Chapter 280-13 Accessory Apartments in Accessory Structures Please sign the duplicate of this letter and return to me at youx earliest convenience. Thank you. y Elizabeth A.Neville Town Cleric Attachments ' ec: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Southampton Town o£Riverhead Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Boated of Appeals Southold Town Building Department Date: Signature, Received By PleaAprintame DUPLICATE TO BE SXGNED AND XIE' SOUTHOLD TOWN CLE 1 Z— AN 0144 .A # '" � ,gip''. ':' Town Hall,53095 Main Road .. o ELIZABETH A.NEVILLE,1Vdl0�C TOWN CLEF P.O.Box 1179 sp Southold,New York 11971 REGISTRAR OF VITAL STATISTICS , >r Fax(631)765-6145 631 765-1800 Telephone MARRIAGE OFFICERy, P ( ) RECORDS MANAGEMENT OFFICER ;. t wwwsoutholdtownny.gov FREEDOM OF INFORMATION OFFICER o : OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1,2018 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 280-13 Accessory Apartments in Accessory Structures Please sign the duplicate of this letter and return to me at your earliest convenience. 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 Zi pate; �' t_ignat ec - f '/ . Title; Please print name DCJPLICATE TO BE SIGNED ANIS RETURNED TO SOUTHOLID TOWN CLERK Town,hall,53095 Main Road ELI2<A1E31G'x` A.NEVILLE,M.NC �'� F,o.Box 1179 TOWN CLERK Fax New York 11971 Fax(631)765-6145 F:64ISTkAa OF VITAL STATISTICS , * Tclophone(631)765.1800 MARRIAGE OFFICER ,�j � www'southoldtowM 8ov T OFFICER FREEI)OM OF OWATION OFFICER OFFICE OF THEO O ONDCLE RK TOWN OF May 1,2018 PLEASE TAKE NOTICE that the Towri Board of the Town of Southold has ENACTED the proposed Local LaW ' entitled: ents to Chapter 280-13 ,Accessary Apartments in, ,Accessory Local Law in relation is AiRnendxu Stx-actures Please sign the duplicate of this letter and return,to me at your earliest convenience. Thazik You. p x Mg lzabcth A.Neville Town Clerk Attachments Long Island State park Commission cc: Suffolk County Department of1'lsatining 'Gown of Shelter Island ,mail: Village of Greenport Town,of South=Pton Town of Riverhead Southold Town,Trustees Southold Town Flaming Board Southold Town Board of Appeals Southold Town Assessors Southold Town Building Department Date:—, 1 Signature,Received BY— �... Title. .. 7?.l� -��-- Please print name DUPLICATE TO BE SIGNED AND RL4 TURNED TO SOITTHOLD TOWN CLE RX RECEIVED MAY 1 2018 Southold'Town Clerk Southold Town Board - Letter Board Meeting of April 24, 2018 RESOLUTION 2018-360 Item# 5.3 J oyQ� ADOPTED DOC ID: 14017 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-360 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 24,2018: RESOLVED that there has-been presented to the Town Board of the-Town of Southold, Suffolk County,New York, on the 14th day of March, 2018, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280-13 Accessory Apartments in Accessory Structures" and be it further RESOLVED that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be 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 280-13 Accessory Apartments in Accessory Structures" reads as follows: LOCAL LAW NO.3 of 2018 A Local Law entitled, "A Local Law in relation to Amendments to2 Chapter 280-13 Accessory Apartments in Accessory Structures" BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. To provide more Affordable Housing opportunities within the T own of Southold.- II. outhold.II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-13 Use regulations. [Amended 3-14-1989 by L.L. No. 3-19891 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: [Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by Generated April 25, 2018 Page 11 + Southold Town Board - Letter Board Meeting of April 24, 2018 L.L. No. 6-1993; 12-21-1993 by L.L.No. 3-1989; 11-29-1994 by L.L. No. 26-1994; 12- 27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L.No.20- 1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L.No. 18-2005; 6-15-2010 by L.L. No. 2-20101 (13)One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (a) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (b) A minimum of three off-street parking spaces shall be provided on premises. (c) Not more than one accessory apartment shall be permitted on a lot. (d) The accessory apartment shall meet the requirements of an apartment as defined in § 280-4 hereof. (e) The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. (f) The aeeesser-y sti:uetur-e whieh is eenverted, in whole or-in paA,to perm an aceessor-y apartmepA shall be in existenee and VL eligible 1V V r-have l a eei4ifiea4e of puffed prior to ialluar-y i, 2004 rA,,,,.. ded 5 24 2011 lti L.L.No 6 20111 �-y�rzprrp��r�v. v 1 (f) The existing accessory structure shall comply with all other requirements, of this chapter. (g) Approval of the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (h) No bed-and-breakfast facilities, as authorized by § 280-13B(14)hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: [1] The owner of the premises shall occupy either the existing single-family dwelling unit or the accessory apartment in the detached accessory structure as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: [a] A family member; or [b] To a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement. [2] Rents charged to a resident on the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to § 280-30(F) of this Code. [3] No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York Generated April 25, 2018 Page 12 y ,Southold Town Board - Letter Board Meeting of April 24,2018 State Uniform Fire Prevention and Building Code. [4] An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. (j) The Chief Building Inspector, Zoning Inspector, and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. (k) No special Exception shall be granted unless the Zoning Board of Appeals in addition to the considerations determinations and findings required in 280-142 and 280-143 specifically finds and determines the following: [11 That the granting the Special Exception will not adversely impact the privacy and use and enjoyment of any adjoining parcel. [21 That the granting of the Special Exception will not adversely impact the character of the neighborhood in which it is located. F31 That the cumulative effect of approving the present application along with previously approved applications will not have a cumulative adverse impact on the surrounding neighborhood. F41 That the cumulative effect of approving the present application along with previously approved applications will not have a cumulative adverse impact on the school district in which the property is located. F51 That sufficient off-street parking exists on the subject property to accommodate the proposed accessory apartment. [61 Whether adequate buffer yards and screening can and will be provided to protect adjacent properties possible detrimental impacts of the proposed use. § 280-15 Accessory buildings and structures. [Amended 4-10-1990 by L.L.No. 6-1990; 7-17-1990 by L.L. No. 14-1990; 2-5-1991 by L.L. No. 2-1991; 12-22-1992 by L.L.No. 33-1992; 1-16-2007 by L.L. No. 2-2007; 4-22-2008 by L.L. No. 3-2008] In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Buildings with a flat or mansard roof shall not exceed 16 feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subject to the following height and setback limitations: Lot Size (square feet) Maximum Height (feet) Minimum Setback for Side Generated April 25, 2018 Page 13 Southold Town Board - Letter Board Meeting of April 24, 2018 • r and/or Rear Yard (feet) Less than 10,000 18 3 Less than 10,000 20 5 Less than 10,000 22 10 10,000 - 19,999 18 5 10,000 - 19,999 20 15 10,000 - 19,999 22 20 20,000 - 39,999 18 10 20,000 - 39,999 20 15 20,000- 39,999 22 20 40,000 - 59,999 22 15 60,000 -79,999 22 20 80,000 and over 22 25 C. Such buildings shall not exceed 6b0 1,000 square feet on lots containing up to 20,000 square feet and shall not exceed 7-50 1,200 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet,no accessory building shall exceed 3% of the total size of the parcel. D. Dormers are permitted on accessory buildings up to 40 80% of the roof width. This restriction shall not apply to buildings receiving a certificate of appropriateness from the Town of Southold Historic Preservation Commission pursuant to Chapter 170 of the Town Code. E. Any accessory structure that is not a building shall not exceed 18 feet in height and shall be set back at the minimum required in Subsection B above. F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code, and the side yard setback requirements for accessory buildings in Subsection B above. iii. SEVERABILI T Y 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 Generated April 25, 2018 Page 14 � � Y Southold Town Board - Letter Board Meeting of April 24, 2018 RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated April 25, 2018 Page 15 ' ELIZABETH A. NEVILLE,MMC �FFO`�®� C® Town Hall,53095 Main Road TOWN CLERK ~ P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS W Fax(631)765-6145 MARRIAGE OFFICER e�r ®�• Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®,( �� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 2018 ' tK202962205US Priority Mail Express RE: Local Law No. 3 of 2018 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. 3 of 2018 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, L iV` 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. 3 of the year 2018 . A Local Law entitled, A Local Law in relation to Amendments tot Chapter 280-13 Accessory Apartments in Accessory Structures Be it enacted the Town Board of the: ❑ County ❑ City Q Town of SOUTHOLD ❑ Village I. Purpose. To provide more Affordable Housing opportunities within the Town of Southold. II. Chapter 280 of the Code of the Town of Southold is hereby amended 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: [Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29- 1994 by L.L. No. 26-1994; 12-27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20-1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-2010] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev 05105) 1 t' } (a) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (b) A minimum of three off-street parking spaces shall be provided on premises. (c) Not more than one accessory apartment shall be permitted on a lot. (d) The accessory apartment shall meet the requirements of an apartment as defined in § 280-4 hereof. (e) The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. (f) The existing accessory structure shall comply with all other requirements of this chapter. (g) Approval of the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (h) No bed-and-breakfast facilities, as authorized by § 280-13B(14)hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: [1] The owner of the premises shall occupy either the existing single-family dwelling unit or the accessory apartment in the detached accessory structure as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: [a] A family member; or [b] To a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement. [2] Rents charged to a resident on the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to § 280-30(F) of this Code. [3] No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. [4] An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. (j) The Chief Building Inspector, Zoning Inspector, and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. (k) No special Exception shall be granted unless the Zoning Board of Appeals, in addition to the considerations, determinations and findings required in §§ 280-142 and 280-143, specifically finds and determines the following: [1] That the granting of the Special Exception will not adversely impact the privacy and use and enjoyment of any adjoining parcel. [2] That the granting of the Special Exception will not adversely impact the character of the neighborhood in which it is located. [3] That the cumulative effect of approving the present application along with previously approved applications will not have a cumulative adverse impact on the surrounding neighborhood. [4] That the cumulative effect of approving the present application along with previously approved applications will not have a cumulative adverse impact on the school district in which the property is located. [5] That sufficient off-street parking exists on the subject property to accommodate the proposed accessory apartment. [6] Whether adequate buffer yards and screening can and will be provided to protect 2 adjacent properties possible detrimental impacts of the proposed use. § 280-15 Accessory buildings and structures. [Amended 4-10-1990 by L.L.No. 6-1990; 7-17-1990 by L.L. No. 14-1990; 2-5-1991 by L.L. No. 2-1991; 12- 22-1992 by L.L. No. 33-1992; 1-16-2007 by L.L. No. 2-2007; 4-22-2008 by L.L. No. 3-2008] In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Buildings with a flat or mansard roof shall not exceed 16 feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subject to the following height and setback limitations: Lot Size (square feet) Maximum Height (feet) Minimum Setback for Side and/or Rear Yard (feet) Less than 10,000 18 3 Less than 10,000 20 5 Less than 10,000 22 10 10,000 - 19,999 18 5 10,000 - 19,999 20 15 10,000 - 19,999 22 20 20,000 - 39,999 18 10 20,000 - 39,999 20 15 20,000-39,999 22 20 40,000 - 59,999 22 15 60,000 -79,999 22 20 80,000 and over 22 25 C. Such buildings shall not exceed 1,000 square feet on lots containing up to 20,000 square feet and shall not exceed 1,200 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet,no accessory building shall exceed 3% of the total size of the parcel. D. Dormers are permitted on accessory buildings up to 80% of the roof width. This restriction shall not apply to buildings receiving a certificate of appropriateness from the Town of Southold Historic Preservation Commission pursuant to Chapter 170 of the Town Code. E. Any accessory structure that is not a building shall not exceed 18 feet in height and shall be set back at the minimum required in Subsection B above. F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code, and the side yard setback requirements for accessory buildings in Subsection B above. 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. 3 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 3 of 20 18 . of the (Town) of- SOUTHOLD was duly passed by the TOWN BOARD on April 24 ,20 18 , 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. 4 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto,designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37)of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto,designated as local law No of 20 of the County of State of New York,having been submitted to the electors at the General Election of November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adoption has been followed,please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. qa-erk o t e County legislative body. City.Town or (Seal) Village Clerk or officer designated by local legislative body Elizabeth A.Neville,Town Clerk Date: April 30,2018 (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 annexed hereto. Signature William Duffy,Town Attorney Damon Hagan,Assistant Town Attorney Title Gity Town of SOUTHOLD Date: April 30,2018 5 J'C Hit ELIZABETH A. NEVILLE,MMC ® a Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS coo Fax(631)765-6145 MARRIAGE OFFICER ,fi ® ®�. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®,` •�°� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER ce— OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 9, 2018 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 April 10, 2018 @ 7:31 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280-13 Accessory Apartments in Accessory Structures Please sign this letter and return to me at your earliest convenience. Thank you. &'Vj'a't4 u [eta E ' abeth A. Neville 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 COMPLETE SECTIONCOMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. A. Signatur ■ Printour name and address on the reverse j [3 Agent X I so that we can return the card to you. or�rf�/�`�' 0 Addressee 11 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. I 1. Article Addres to: D. Is delivery addressni,tett),v ❑Yes L �1 e k , If YES,enter del' Vddress belowt,, p No T C.r W1�Y{��5idy� r 2018 �abylo�n �� 11102- II I I IIII I!I II I II I III I II I II I III III IIIIIII III 3. Service Type ❑Priority Mail Express® ❑Adult Signature ❑Registered MafITTM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted' -EPCertified MaIIO Delivery 9590 9402 2663 6336 3042 99 ❑Certified Mail Rpstricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTT" 2. Article Number(transfer from service IabeO— ❑Insured Mail ❑Signature Confirmation 7 010 1060 0001 15 71 0004" ❑Insured Mail Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt i D o - rr°r•n� o .a o o-o O e O �(1Cl°I WICL•rJC1Al.°Ly o o- c o•a I-3 I °" r-3 ,u V °" W1�=ARlYLcL41_.W\M3lS°�t� °• 'f �; , r=I _ , L1 Postage $ ��® a� U1 Postage $ rl 'V ' Certified Fee a � �,�����`�� Certfied Fee �'OLD O Postmark rl �� Postmar �y Return Receipt Fee Q(t Here d Return Receipt Fee Here 0 (Endorsement Required) I } (Endorsement Required) Restricted Delivery Fee ` l�f�' 2018 O Restricted Delivery Fee co MAR i1 99 -d ? (Endorsement Required) (Endorsement Required) 2018 C:I Total Postage&Fees $ ; r3 Total Postage&Fees rZIPS rl - y'Z l - ' - - s -6 er_-_ p Street,Apt. Street,A tIVN -------------------- - or PO Box N Ll I ar PO Box Na O � D L o.v- o a l t �?'� -- - -- ------------------------ ( r- . = -x-----O-An 0?__ Y +4 F0 1 -702- Clry, to ,Zl �- 1 (� 1 i i( :oo IIT �' 'ftQ _ .ao G•yq°.��f'ao. � ° �$EN.P8!!:','C.,OMPLFTE T4118$EPTION, • • • • ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverseX ;V so that we can return the card to you. /� add Wep , ■ Attach this card to the back of the mailpieceB. Received by unn etl N �� Deliv€ A) , � � or on the front if space permits. Denise B 1 an `1..'Article Addressed to, ( D. Is delivery address different from it' a v' 1 kO�O.,S �t Yt C�O�-, If YES,enter delivery address Belo [3 No S USPS r5 _ _ . . �.o. 'box3. I I I I II I II I�I III III I III III I II I I I I I ❑Adult Service e Signature 11Restricted Delivery Registered Mai[11 Priority Mail lRestrricted' El Certified Mai10 Delivery 9590 9402 2663 6336 3042 82 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article-Number(transfer from service label)____— _ ❑Collect on Delivery Restricted Delivery ❑Signature Confirmationm ❑Insured Mail ❑Signature Confirmation 7 010 1060 0001 15 71 00111+ ❑Insured Mail Restricted Delivery Restricted Delivery (over$500) ' PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ELIZABETH A. NEVILLE,M1MIC6tlY �® *_ _'Town Hall,53095 Main Road �� Ras P.O.-Box 1179 TOWN CLERK " - DEV& PLMMAil,New York 11971 REGISTRAR31)-765-6145 MARRIAGE OFFICER VITAL CA 26 All IQ: I Ione(6 1)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gdv FREEDOM OF INFORMATION OFFICER i OFFICE OF THE TOVff CLERK TOWN OF SOUTHOLD March 21, 2018 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 April 10, 2018 @ 7:31 pm at the Southold Town Hall, 53095 Main Road,-Southold;NY: A Local Law in relation to Amendments to Chapter 280-13 Accessory Apartments in Accessory Structures Please sign this letter and-return to me at your earliest convenience. Thank you. Elizabeth A. Neville 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 lage of Greenport oanr/ac 0AMM-K M51M ignature, Re c e NA b Date Please print name Title Y ELIZABETH A.NE'VILLE,1VdNdCa Town Hall,53095 Main Road P.O.Box 1179 TOWN CLERK Southold,New York 11971 REGISTRAR OF VITAL STATISTICS S - 631 ( )Fax 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 ------------------ ---------------------- ---- April 9, 2018 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 April 10, 2018 @ 7:31 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Lave in rehition to'Autendments to Chapter280-13 Accessory Apartments in Accessory Structures Please sign this letter and return to me at your earliest convenience. Thank you. m t- 'zabeth A.Neville 56utliold Town Clcrk 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 Green-PO4 f G ;Com_ C Y r 5 2d Signature, Received by Date Please print name Title 64/18/2616 12:34 6312835686 SOUTHAMPTON TOWN CLK PAGE 61/01 ''ELU,A E-T-KA.NI+VJLL•E}MMC Tma+ia'Ha11,•53095 Main Road TQW1�T CLERX P.Q.Box 1179' Southold,New York 11971 :R$GYSTRAk-61F VITAL STATISTICS Fax(631)7654145 ' K WA—GE 49�ORID$'i�h WAGE11+1E'NT OPPICER TeXeg#�014 {6 dt,7,2 5- 800 wwr�usoutt�aldtowaany,gov Rk EDOM,,OF,- IQN OFFICEk Offlgg,OF.THE TOWN CLEC TOWN OF,SOUTROLD ,z sril'9,2018 lj�:,, "ail �•"�,�'. ::•,• i�;�;l��; �• ...I Ii. '•�� '• .;Will •'�i�� .,� •' ,� P,1TIE� E.•TACE•1�OTIM that the ToyvnSckd of th'6:,Town of'Southold Will:Wil a P' I'b-141 A NG''On' the prdposed-t.6;6 ..L'aw,listed,below,ari''April'l'0, 2.015.:..;(a7�,, 7:3'1 pia at the Soot},old"'I'Qwri,Hal'1,�5' Raad '�Sduthald;I'C'Y';; •. •,, . . .•Iii. !. ..., ,,;: ; , ii�•I �(y�� i���Ip�(;�' .:••.:�yy���!�j� vw.', •,7.��I••• ••■y','•,��no •'] � nyynrvb�'•�'� � * :' �{,,��I � ': A-I F.T:.�'R+✓� �ll.*.}`.:•r4Yf �ill Pr •4a�''��d''.�'r,a�f ::.RI��"13��a '�'+4'w7 P.'•.•.,' .11��'+` 4C Y II '. ; 'le se,!sxg 'ilii ite r alsdlret7u ,.t4 at you�C'earlxest,convenience. 'Th yo q: ' 'I'I; ..RECEIVED APP. I 2018 , .'i.' �,I.';�i1 I. .. "�'', .11 1� .'�jn�'n f.' I•'��•,,,'���4Fw.,� �� ',', 1 i.� I... '�Ii'. • Southold Town desk Attackhts o 't Supolk:County Def t•of Flazu�i g ' Lo4 Island State Park Coxnnaissxo�, � ..••� Vii, I'. . EialJ r',' 'pri'i o 'rltiverhead. _ ` `' Town.of Shelter IsXand mi of"S:oufhaz pto Southold Building Dept ,Southbla--pI,raring I). - t , Sor thold Trustees 'S'buthold Assessors Southold ZBAn •Village of Greenport 1ature, eclve` by' Date r p ,i,� .. .. � //`/``'lam 11/, /J�//�� �./�/ �•, 'I .:I' LL..��„„,i .r ..• «....arriYl 1tiG`,,///' ,- I' a ;,prt •.name „ Title �aT; a m ' r I ' : ELIZABETH A.NEVILLE,MMC Town Hall,53095 Main Road TOCLERK P.O.Box 1179 WN 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 March 21,2018 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 April 10, 2018 @ 7:31 pm at the Southold Town Hall, 53095 Main Road, Southold, NY: A Local Law in relation to Amendments to Chapter 280-13 Accessory Apartments in Accessory Structures Please sign this letter and return to me at your earliest uonveilience. Thanklyou, Elizabeth A.Neville 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'Frustees Southold Assessors Southold ZBA Village of Greenport Signature, Received by Date -T� t Please print name Title ' ELIZABETH A.NEVILLE+,11' MC �rL�:. ".- -., ", �`�.,'`,t Town Hall,53095 Main Road ffi TOCLE " P.O.Box 1179 ge, tY Southold,New York 11971 REGISTRAR OF VITAL STATISTICS , ,.q d, i. __ s�� Fax(631)765-6145 MARRIAGE OFFICER 4` ` :4 wn ' ;. � E Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER' www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER �f >MP r OFFICE OFT E TOWN CLERK TOWN OF SOUTHOLD March 21, 2018 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 April 10, 2018 @ 7:31 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280-13 Accessory Apartments in Accessory Structures Please sign this letter and return to me at your earliest convenience. Thank you. "4 B Elizabeth A.Neville Southold Town Cleric 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 Gree port Signature, Received by Dat o r Please print name Title ELIZABETH A.NEVILLE,MMC � f ;, ��. � Town Hall,53095 Main Road P.O.Box 1179 TO CLERK l W `.. Southold New York 11971 REGISTRAR OF VITAL STATISTICS 5 ;= Fax(63I)765-6145 MARRIAGE OFFICER ;-. r'- Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER M�`re-ti ,+A:: �; ' www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER - OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 21,2018 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 April 10, 2018 @ 7:31 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280-I3 Accessory Apartments in Accessory Structures Please sign this letter and return to me at your earliest0onvenie,Cc* Thank you. (!2. M da Elizabeth A.Neville Southold Town Clerk Attaclunents cc: Suffolk County Dept of Planning Long Island StateTark Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA 4Village of eenport gnre, Receiv by Date 1Via Pie e print name Title` 03/21/2018 08:40 6317493436 S I TOWN CLERK , PAGE 01 FO( ELIZ,A.R9TH A.NIEVILLE,MMC Soy p f ,rt },_ G� Town Hall,53095 Ivxaltt Road TOWN CLEF , "� P.O.Box 1179 REGISTRAR OF VITALSTATISTICS ,� li Southold,New York 11971 MARRIAGE OFFICER ' } Fax(631)765-6145 RECORDS MANAGEMENT OFFICERt,� Telephone(631)765,1840 FREMOM OF INFORMATION OFFICER � www•southoldtownnygov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 21, 201$ PLEASE TAKE NOTICE that the Town Board of the.Town of Southold will hold a PUBLIC HEARING on, the proposed Vocal Law listed below on April 10, 20I8 @ 7:31 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chanter 280-13 Accessory APartments in Accegsory Structures Please sign this letter and return to nne at your earliest c211venicnc c. Thank you, a Elizabeth A, Neville Southold 'Town Clerk Attaohments 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 Possessors Southold ZBA Village of Greenport Signature,It eeived b _— I7ete � H . Please print dame Title __....____._.....___._.. ,._..__.._......, _.., a� F1 1 F F �I ELIZABETH A.NEVILLE,MMC Town Hall,53095 Main Road P.O.Box 1179 j TOWN CLERK ; rr° '`3 -,� � �s` Southold,New York 11971 G REGISTRAR OF VITAL STATISTICS + Fax(631)765-6145 MARRIAGE OFFICER y`, _ . , ;, , : Telephone(631)765-1800 r; RECORDS MANAGEMENT OFFICER wwwsoutholdtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK t=` TOWN OF SOUTHOLD March 21, 2018 { PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEADING on I� the proposed Local Law listed below on April 10, 2018 @ 7:31 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280-13 Accessory Apartments in Accessory 1 Structures �f Please sign this letter and return to me at your earliest convenience. Thank you. 0. � Elizabeth A. Neville Southold Town Clerk Attachments �I 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 GreenporVf f Signature, ReceiW by Date01 i Please print name Title �f k, fF 1, i; i, ELIZABETH A.NEVILLE MMC ��:+ Town Hall,53095 Main Road ' a'ry P.O.Box 1179 TOWN CLERIC - Southold,New York 11971 ca @ Ra"uta REGISTRAR OF VITAL STATISTICS ,s.• ' Fax(631)765-6145 MARRIAGE OFFICER ',, �R,� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER r OFFICE OF THE 'TOWN CLEC TOWN OF SOUTHOLD March 21, 2018 ]PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PU13LIC HEARING on the proposed Local Law listed below on April 10, 2018 @ 7:31 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280-13 Accessory Apartments in Accessory Structures Please sign this letter and return to me at your earliest conveniencE„ Thank"you. s c Elizabeth A.Neville 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 I Southold Assessors Southold ZBA i ci� Signatu• , eceived by Date I /Icl, Please print name _ Title ELIZABETH A.NEVILLE, MMC `�" ',F ' Town Hall,53095 Main Road TOWN CLE °� P.O.Box 1179 �r. ' Southold,New York 11971 REGISTRAR OF VITAL STATISTICS $ °;> ._ ;` w _,' Fax(631)765-6145 ' ",'.° Telephone(631)765-1800 MARRIAGE OFFICER •� RECORDS MANAGEMENT OFFICER °a�, ° n ; '`: ;i' www.southoldtownnygov FREEDOM OF INFORMATION OFFICER w °" OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 9, 2018 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC I•IEARII G on the proposed Local Law listed below on April 10, 2018 @ 7:31 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation t 280-13 Acc�ssory Apartments in Mecca OM Structures Please sign this letter and return to me at your earliest convenience. Thank you. v al,cfh \. Neville 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 illage offG�nport Signature, Received ley- Date Please print name Title w J � Southold Town Board - Letter Board Meeting of April 10, 2018 RESOLUTION 2018-360 Item# 5.46 Of y�� `� TABLED DOC ID: 14017 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.-2018-360 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 10,2018: RESOLVED that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of March, 2018, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280-13 Accessory Apartments in Accessory Structures" and be it further RESOLVED that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be 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 280-13 Accessory Apartments in Accessory Structures"reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to Amendments tot Chapter 280-13 Accessory Apartments in Accessory Structures" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To provide more Affordable Housing opportunities within the Town of Southold. H. Chapter 280 of the Code of the Town of Southold is hereby amended 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: [Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by Generated April 11, 2018 Page 70 Southold Town Board - Letter Board Meeting of April 10, 2018 L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L.No. 26-1994; 12- 27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L.No. 20- 1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-2010] (13)One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (a) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (b) A minimum of three off-street parking spaces shall be provided on premises. (c) Not more than one accessory apartment shall be permitted on a lot. (d) The accessory apartment shall meet the requirements of an apartment as defined in § 280-4 hereof. (e) The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. (f) The aeeesser-y stmetur-e whieh is eoffi,efted, in whole or-in paA, to pe an aeeessor-y apaAment shall be in exisience and be eligible for-or-have T.,,,,,,,,.., l 2004 [Amend �e€#i€rc-ate-e�esd C�tp�^(E��'i�tz� �ert^ �.. 5-2 A' 4 2011 by (f) 6 (f) The existing accessory structure shall comply with all other requirements of this chapter. (g) Approval of the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (h) No bed-and-breakfast facilities, as authorized by § 280-13B(14)hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements- [1] equirements- [1] The owner of the premises shall occupy either the existing single-family dwelling unit or the accessory apartment in the detached accessory structure as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: [a] A family member; or [b] To a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement. [2] Rents charged to a resident on the Affordable Housing Registry shall not exceed the rent established by the.Town Board annually pursuant to § 280-30(F) of this Code. [3] No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York Generated April 11, 2018 Page 71 Southold Town Board - Letter Board Meeting of April 10, 2018 State Uniform Fire Prevention and Building Code. [4] An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. (j) The Chief Building Inspector, Zoning Inspector, and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. (k) No special Exception shall be granted unless the Zoning Board of Appeals, in addition to the considerations, determinations and findings required in §§ 280-142 and 280'-143, specifically finds and determines the following: [11 That the granting the Special Exception will not adversely impact the privacy and use and enjoyment of any adjoining parcel. [2] That the granting of the'Special Exception will not adversely impact the character of the neighborhood in which it is located. [31 That the cumulative effect of approving the present application along with previously approved applications will not have a cumulative adverse impact on the surrounding neighborhood. [41 That the cumulative effect of approving the present application along with previously approved applications will not have a cumulative adverse impact on the school district in which the property is located. [51 That sufficient off-street parking exists on the subject property to accommodate the proposed accessorgpartment. [6] Whether adequate buffer yards and screening can and will be provided to protect adjacent properties possible detrimental impacts of the proposed use. § 280-15 Accessory buildings and structures. [Amended 4-10-1990 by L.L. No. 6-1990; 7-17-1990'by L.L. No. 14-1990; 2-5-1991 by L.L. No. 2-1991; 12-22-1992 by L.L.No. 33-1992; 1-16-2607 by L.L. No. 2-2007; 4-22-2008 by L.L. No. 3-2008] In the Agricultural-Conservation District and Low-Density Residential R-80,R-120, R-200 and R-400 Districts, accessory buildings and structures or 'other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Buildings with a flat or mansard roof shall not exceed 16 feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subject to the following height and setback limitations: Lot Size (square feet) Maximum Height (feet) Minimum Setback for Side Generated April 11, 2018 Page 72 Southold Town Board - Letter Board Meeting of April 10, 2018 and/or Rear Yard (feet) Less than 10,000 18 3 Less than 10,000 20 5 Less than 10,000 22 10 10,000 - 19,999 18 5 10,000 - 19,999 20 15 10,000 - 19,999 22 20 20,000 - 39,999 18 10 20,000 - 39,999 20 15 20,000- 39,999 22 - 20 40,000 - 59,999 22 15 60,000 -79,999 22 20 80,000 and over 22 25 C. Such buildings shall not exceed 660 1,000 square feet on lots containing up to 20,000 square feet and shall not exceed 75-0 1,200 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessory building shall exceed 3% of the total size of the parcel. D. Dormers are permitted on accessory buildings up to 40 80%of the roof width. This restriction shall not apply to buildings receiving a certificate of appropriateness from the Town of Southold Historic Preservation Commission pursuant to Chapter 170 of the Town Code. E. Any accessory structure that is not a building shall not exceed 18 feet in height and shall be set back at the minimum required in Subsection B above. F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard,provided that such buildings and,structures meet the front-yard principal setback requirements as set forth by this Code, and the side yard setback requirements for accessory buildings in Subsection B above. 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 Generated April H, 2018 Page 73 P Southold Town Board - Letter Board Meeting of April 10, 2018 RESULT: TABLED [UNANIMOUS] Next: 4/24/2018 4:30 PM MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated April 11, 2018 Page 74 Board Meeting of March 14, 2018 Southold Town Board - Letter g RESOLUTION 2018-256 Item# 5.18 ADOPTED DOC ID: 13937 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-256 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 14, 2018: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of March, 2018, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280-13 Accessory Apartments in Accessory Structures" now,therefore,be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 101h day of April at 7:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280- 13 Accessory Apartments in Accessory Structures" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to Amendments to2 Chanter 280-13 Accessory Apartments in Accessory Structures" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To provide more Affordable Housing opportunities within the Town of Southold. H. Chapter 280 of the Code of the Town of Southold is hereby amended 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: [Amended 3-14-1989 by L.L.No. 34989; 5-20-1993 by Generated March 15, 2018 Page 37 Southold Town Board - Letter Board Meeting of March 14, 2018 L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L. No. 26-1994; 12- 27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20- 1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-2010] (13)One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (a) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (b) A minimum of three off-street parking spaces shall be provided on premises. (c) Not more than one accessory apartment shall be permitted on a lot. (d) The accessory apartment shall meet the requirements of an apartment as defined in § 280-4 hereof. (e) The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. eligiblean aeaes­seFy-apaftmerA shall be in existenee uuu v -v-CtiiiceeFfificate of oeeupaney 1 issued 1 Amended c 14 gni I b L.L. No 6_2.0111 (f) The existing accessory structure shall comply with all other requirements of this chapter. (g) Approval of the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (h) No bed-and-breakfast facilities, as authorized by § 280-13B(14)hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: [1] The owner of the premises shall occupy either the existing single-family dwelling unit or the accessory apartment in the detached accessory structure as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: [a] A family member; or [b] To a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement. [2] Rents charged to a resident on the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to § 280-30(F) of this Code. [3] No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York Generated March 15, 2018 Page 38 Southold Town Board - Letter Board Meeting of March 14, 2018 State Uniform Fire Prevention and Building Code. [4] An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. (j) The Chief Building Inspector, Zoning Inspector, and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. (k) No special Exception shall be granted unless the Zoning Board of Appeals in addition to the considerations determinations and findings required in 280-142 and 280-143 specifically finds and determines the following: [11 That the granting the Special Exception will not adversely impact the privacy and use and enjoyment of any adjoining parcel. [21 That the granting of the Special Exception will not adversely impact the character of the neighborhood in which it is located. [31 That the cumulative effect of approving the present application along with previously approved applications will not have a cumulative adverse impact on the surrounding neighborhood. [41 That the cumulative effect of approving the present application along with previously approved applications will not have a cumulative adverse impact on the school district in which the property is located. F51 That sufficient off-street parking exists on the subject property to accommodate the proposed accessory apartment. [6] Whether adequate buffer yards and screening can and will be provided to protect adjacent properties possible detrimental impacts of the proposed use. § 280-15 Accessory buildings and structures. [Amended 4-10-1990 by L.L. No. 6-1990; 7-17-1990 by L.L. No. 14-1990; 2-5-1991 by L.L. No. 2-1991; 12-22-1992 by L.L. No. 33-1992; 1-16-2007 by L.L. No. 2-2007; 4-22-2008 by L.L. No. 3-20081 In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Buildings with a flat or mansard roof shall not exceed 16 feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subject to the following height and setback limitations: Lot Size (square feet) Maximum Height (feet) Minimum Setback for Side Generated March 15, 2018 Page 39 C✓ Southold Town Board - Letter Board Meeting of March 14,2018 and/or Rear Yard (feet) Less than 10,000 18 3 Less than 10,000 20 5 Less than 10,000 22 10 10,000 - 19,999 18 5 10,000 - 19,999 20 15 10,000 - 19,999 22 20 20,000 - 39,999 18 10 20,000 - 39,999 20 15 20,000- 39,999 22 20 40,000 - 59,999 22 15 60,000 -79,999 22 20 80,000 and over 22 25 C. Such buildings shall not exceed 660 1,000 square feet on lots containing up to 20,000 square feet and shall not exceed 7501,200 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessory building shall exceed 3% of the total size of the parcel. D. Dormers are permitted on accessory buildings up to 40 80% of the roof width. This restriction shall not apply to buildings receiving a certificate of appropriateness from the Town of Southold Historic Preservation Commission pursuant to Chapter 170 of the Town Code. E. Any accessory structure that is not a building shall not exceed 18 feet in height and shall be set back at the minimum required in Subsection B above. F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code, and the side yard setback requirements for accessory buildings in Subsection B above. 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 Generated March 15, 2018 Page 40 i Southold Town Board -Letter Board Meeting of March 14, 2018 RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated March 15, 2018 Page 41 -W Rudder, Lynda From: legals <legals@timesreview.com> Sent: Monday, March 19, 2018 2:00 PM To: Rudder, Lynda; Lisa Finn (lisaahfinn@gmail.com); Michaelis,Jessica; Reisenberg, Lloyd; Southold Local (denise@southoldlocal.com); Dinizio, James; Doherty, Jill; Doroski, Bonnie; Ghosio, Bob; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Norklun, Stacey; Russell, Scott; Standish, Lauren; Tomaszewski, Michelle;William Ruland; Duffy, Bill; Hagan, Damon; Silleck, Mary Subject: Re. Accessory Apartments for publication Attachments: Ad_Order_Form[7].pdf;Ad_Image_Preview[7].pdf Hello, This notice has been scheduled,the attached documents serve as your confirmation, invoice and proof. Please review for accuracy. Payment is due upon receipt. Affidavits are processed and mailed out a week after the final publication date of the notice. Thank you. legals@timesreview.com mom TIMES REVIEW MEM GROUP Kimberly Gersic Sales Production Assistant 631.354.8013(direct) kqersic@timesreview.com www.timesreview.com PLEASE NOTE CANCELLATION POLICY:All ads are billed for entire run upon first publication date. Cancellations for publication dates can be made but there will be no adjustment to cost and refunds will not be given. There are no exceptions to this policy. KIM"es REV E MED9A GROUP 1 } Kiri-,—_/iy Gersic Sales Production Assistant 631.354.8013(direct) kgersic@timesreview.com www.timesreview.com From: "Rudder, Lynda" <Iynda.rudder town.southold.ny.us> Date: Monday, March 19, 2018 at 9:57 AM To: Lindsay Riemer<legals timesreview.com>, "Lisa Finn (lisaahfinn@gmail.com)" <lisaahfinn@gmail.com_>, "Michaelis, Jessica" <iessicam southoldtownny.gov>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southold.nv.us>, "Southold Local (denise@southoldlocal.com)" <denise@southoldlocal.com>, "Dinizio,James" <james.dinizioCa town.southold.nv.us>, "Doherty,Jill" <iill.doherty@town.southold.nv.us>, "Doroski, Bonnie" <Bonnie.Doroski@town.southold.ny.us>, "Ghosio, Bob" <bob.ghosio town.southold.ny.us>, Louisa Evans <lpevans06390@gmail.com>, "Neville, Elizabeth" <E.Neville@town.southold.nv.us>, "Noncarrow, Denis" <denisn southoldtownny.gov>, "Norklun, Stacey" <Stacey.Norklun@town.southold.ny.us>, "Rudder, Lynda" <Ivnda.rudder town.southold.nv.us>, "Russell, Scott" <scottr southoldtownnv.gov>, "Standish, Lauren" <Lauren.Standish@town.southold.nv.us>, "Tomaszewski, Michelle" <michellet@town.southold.nv.us>, William Ruland <rulandfarm@vahoo.com>, "Duffy, Bill" <billd southoldtownnv.gov>, "Hagan, Damon" <damonh@southoldtownny.go_v>, "Silleck, Mary" <marys@southoldtownnv.gov> Subject:Accessory Apartments for publication Please publish in the 3/22 edition of the suffolk times and the town website,thanks 2 i LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of March, 2018, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280-13 Accessory Apartments in Accessory Structures" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 10th day of April at 7:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280- 13 Accessory Apartments in Accessory Structures" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280-13 Accessory Apartments in Accessory Structures" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To provide more Affordable Housing opportunities within the Town of Southold. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-13 Use regulations. [Amended 3-14-1989 by L.L. No. 3-19891 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: [Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by L.L.No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L. No. 26-1994; 12- 27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20- 1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-20101 (13)One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (a) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (b) A minimum of three off-street parking spaces shall be provided on premises. (c) Not more than one accessory apartment shall be permitted on a lot. (d) The accessory apartment shall meet the requirements of an apartment as defined in § 280-4 hereof. (e) The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. C, The accessory i whole It Vl 111 pLLl L, to NV11111L an aeeessory apartment shall be in existenee and lin eligible for-Vl have a valid e ,-t•f• + f eey . �d prion b 2008. r�.,,end o.a c 2 201 i by r r Neg _ 20M 1 (f) The existing accessory structure shall comply with all other requirements of this chapter. (g) Approval of the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (h) No bed-and-breakfast facilities, as authorized by § 280-13B(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: [1] The owner of the premises shall occupy either the existing single-family dwelling unit or the accessory apartment in the detached accessory structure as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: [a] A family member; or [b] To a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement. [2] Rents charged to a resident on the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to § 280-30(F) of this Code. [3] No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. [4] An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. (j) The Chief Building Inspector, Zoning Inspector, and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. (k) No special Exception shall be granted unless the Zoning Board of Appeals in addition to the considerations determinations and findings required in 280-142 and 280-143 specifically finds and determines the following: jll That therg antin the he Special Exception will not adversely impact the privacy and use and enjoyment of any adjoining parcel. f 21 That therg anting of the Special Exception will not adversely impact the character of the neighborhood in which it is located. r31 That the cumulative effect of approving the present application along with previously approved applications will not have a cumulative adverse impact on the surrounding neighborhood. j41 That the cumulative effect of approving the present application along with previously approved applications will not have a cumulative adverse impact on the school district in which the property is located. [51 That sufficient off-street parking exists on the subject property to accommodate the proposed accessory apartment. r61 Whether adequate buffer yards and screening can and will be provided to protect adjacent properties possible detrimental impacts of the proposed use. § 280-15 Accessory buildings and structures. [Amended 4-10-1990 by L.L. No. 6-1990; 7-17-1990 by L.L. No. 14-1990; 2-5-1991 by L.L. No. 2-1991; 12-22-1992 by L.L. No. 33-1992; 1-16-2007 by L.L. No. 2-2007; 4-22-2008 by L.L. No. 3-20081 In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Buildings with a flat or mansard roof shall not exceed 16 feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subject to the following height and setback limitations: Lot Size (square feet) Maximum Height (feet) Minimum Setback for Side and/or Rear Yard (feet) Less than 10,000 18 3 Less than 10,000 20 5 Less than 10,000 22 10 10,000 - 19,999 18 5 10,000 - 19,999 20 15 10,000 - 19,999 22 20 20,000 - 39,999 18 10 20,000 - 39,999 20 15 20,000- 39,999 22 20 40,000 - 59,999 22 15 60,000 -79,999 22 20 80,000 and over 22 25 C. Such buildings shall not exceed 660 1,000 square feet on lots containing up to 20,000 square feet and shall not exceed 750 1,200 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessory building shall exceed 3% of the total size of the parcel. D. Dormers are permitted on accessory buildings up to 40 80% of the roof width. This restriction shall not apply to buildings receiving a certificate of appropriateness from the Town of Southold Historic Preservation Commission pursuant to Chapter 170 of the Town Code. E. Any accessory structure that is not a building shall not exceed 18 feet in height and shall be set back at the minimum required in Subsection B above. F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code, and the side yard setback requirements for accessory buildings in Subsection B above. 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: March 14, 2018 BY THE ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISH IN THE MARCH 22, 2018 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. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LYNDA M RUDDER, Deputy Town Clerk of the Town of Southold,New York being duly sworn, says that on the 191h day of March , 2018, 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 4/10 7:31 pm - A Local Law in relation to Amendments to Chapter 280-13 Accesso Apartments in Accessory Structures 1M ynda M. Rudder Southold Deputy Town Clerk Sworn before me this 19th day of March , 2018. �kJ1v"`_ Notary P lic BONNIE J.DOROSKI Notary Public,State Of New York No.O1D06095328,SUttolk ounty Term Expires July 71 20 #0002186740 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 03/22/2018 Principal Clerk Sworn to before me this DIV day of ��IN NOTARY PUBLIC-STATE OF NEW YORK No. O1 V06105050 Qualified in Suffolk County My Ccsmmmien Expires February 28.2020 the Board of Appeals.The following uses are permitted as special'exception liy the Board of Appeals,as hereinafter provided;and,except for the uses set forth in Subsections B(1);(13) and(14)hereof,ar`e-subject to`'site'plan'ap-i proval'by the,=Planning-Board:[Amended 3-14-1989 by L.L.No.3-1989;5-20-1993 by L.L.No.6-1993; 12-21-1993 by'L.L.No.I 3 1989;'11-29-1994 by L.L.No.126-1994;I 4� 12-27-1994 by LX..No:30-1994;,2-7-1995 iiy L.L.No.3-1995;11-12-1996 by LL* :LNo. 20-1996;-11-12-1997 by'L.L.No.26-19 12-8-1998 by L.L.No.26-1998;10-25-2005 by L.L.No-18-2005;6-15-2010 by LX.No. 1 2-2010]: - I -"' I - � ,_(13) One accessoryapartment in a lawfully I existing detached accessory garage,barn or i -- storage building,subject to the following t requirements: (a) The accessory apartment shall `contain no less than 450 square feet and shall not exceed 950'square feet of livable flbor area and shall have no more than one bathroom t (b)� A minimum ofl three`off=street (parking'spaces shall be provided on E } premises. (c) Not more than one accessory 'apartment shall be permitted on.a lot.- y (d) 'The''accessory•apartment shall `meet the requirements of an apartment as 7-(/ 'defined ml 280-4 hereof. (e) The entirety of the living floor area gtof the•accessory apartment must be-on T one floor of the accessory"structure. j - i mlid certificate of oucapulcy i r LEGAL NOTICE _ - pipi _to jail � - e NOTICE OF PUBLIC HEARING., - NOTICE IS HEREBY GIVEN,there has (f) The existing,accessory structure been presented to the Town Board of the shall comply with all-other requirements Town of Southold, Suffolk County,,New of this;chapter. York,on the 14th day of March,2018,a Local (g) Approval of the Suffolk County Law entitled"A Local Law in relation to Department•of Health Services of the Amendments to Chapter 280-13 Accessory water supply and sewage disposal sys- 'Apartments in Accessory Structures"and tems.shall be_required NOTICE IS HEREBY FURTHER GIVEN (h) No bed-and-breakfast facilities,as that the Town Board of the.Town of Southold authorized by§280.1311(14)hereof, will hold;a public,hearing on the aforesaid shall be permitted in or on premises I Local Law at the Southold Town Hall,53095 for which an accessory apartment is i Main Road,Southold,New York,on the 10th authorized or exists o day,of April at 7:31 p.m.at winch iime all (i)_' Occupancy of resident structures on mterested,persons will be given an opportu- the prermses shall be subject to thea , mty to be,heard issuance of an annual rental permit in 4 The proposed Local Law entitled,t"A Local accordance with§_280-13D and the Law in relation to Amendments to Chapter following requirements.• 280-13 Accessory-Apartments in Accessory [1] The,owner of,the premises shall Structures"reads as follows: occupy either the existing fo-CAL LAW NO:2018 single-family dwelling unit or the ac- A Local Law entitled,"A Local Law in rela- cessory.,apartment in the tion to Amendments to2 Chapter 280-13 detached accessory structure las the Accessory -Apartments in Accessory owner's principal residence., , _Structures" The other dwellmg umt shall be leased }�} BE IT ENACTED by the;Town Board of the for year-round occuparncy _ I Town of Southold as follows. evidenced by a written lease fora terms-.' L-Purpose., To provide'more Affordable-of one or more years to _ Housing opportunities within the`Tow_n'of [a],;;^A family-member;or Southold [b] ,To a resident who is currently on 'II. Chapter 280 of the Code of the Town of the_Southold Town Southold is hereby amended"as follows; Affordable Housing Registry and. §280-13 Use'regulations.' - eligible for placement. [Amended 3-14-1989 by-L.L.No.3-19891 r[2] Rents charged to a resident on In A-C,R-80,R-120,';200 and R=400 Drs- the Affordable Housing Registry, I tracts,no,building or premtses�shall be used sh. not exceed the rentestabhshed. and no buildirig`or'part ofii building shall be by the Town Board annually neighborhood in which it is'located B. Buildings with a sloping roof shall be, setback requirements as set forth by tlus p erected'or altered which is an anged,7ntend'ed - _: pursuant,to § 280-30(F) of this [3] That the cumulative effect of ap- subject to the following height and setback+Code,and the side yard setback requirements or designed to be used,m whole or in part,for Code proving the present application ,limitations t for accessory buildings m, Subsection B any uses except the following•_ [3] No accessory apartment shall be along with previously approved ap- Lot Size Maximum Minimum Setback i above. 9 B. Uses permitted by special exception by occupied by more than the plications will not have a (square feet) Height for Side and/or III. SEVERABILITY_ j number of persons permitted to oc- cumulative adverse impact on the (feet) Rear Yard(feet) If any clause,sentence,paragraph,section,or surrounding neighborhood. Less than 10,000 18 _ 3 part-of tins Local Law shall be adjudged by cupy the dwelling unit under _'� � < Section 404 of the Property Main- 141 That the cumulative effect of ap- I ess than 10,000 20, '5 any court of competent jurisdiction to be in-, y tenance Code of the New York 'proving the present application - Less than 10,000. 22 10',l 0', `• `valid,the judgmentshall not affect the valid-'e State Uniform Fire Prevention and along wtth'previously approved ap- 10,000:19,999' 18 S' :ity of this law as a whole orany part thereof Building Code. plications will not have a 10,000.-19,999 20 15' other than the part so decided to be unconsti-j { [4]-An accessory apartment shall cumulative adverse impact on the 10,000-19,999 22 20, tutignal or invalid. -only be occupied or otherwise . school district in which the 20,000-39,999 18 -101' ,IV.- 'EFFECTIVE DATE 99 k utilized in accordance with the cer- property is located." 20,000239,999' 20 15 This Local Law shall take effect immediately 1 ' tificate'of occupancy issued for [5] That sufficient off-street parking 20,000-39,999 '22 20- upon filing with;thee,Secretary of State asl I the dwelling unit. exists on the subject property to 40,000-59,999 22 15 provided by,law. The Chief Building Inspector,,Zon- accommodate the proposed acces- 60,000-79,999 22 26 Dated:March 14,}2018 r' sory apartment. 80,000 and over 22 _,_25 BY THE ORDER OF THE ing Inspector,and Town personnel who are engaged in the enforcement of the [6] Whether adequate buffer yards C. Such buildings shall not,exceed t569, SOUTHOLD TOWN BOARD provisions of this chapter'are' and screening can and will be :1�square feet on'lots containing up to _ - Elizabeth A.Neville authorized,to make or cause to be provided to protect adjacent prop- 20,000 square feet and shall not exceed 750 Southold Town Clerk, made inspections to detemnne _ ernes possible detrimental 1,200 square feet on'lots 20,000 square fee6to 1 1��p�•+I j compliance with this chapter and are . impacts of the proposed use. 60,000 square,feet. On lots over 60,000 authorized to enter upon any § 280-15-Accessory,buildings and square feet,no accessory building shall ex--$ structures. Geed 3%of the total size of the arcel. E property for,the purpose_ of said in- p ,spections. „ [Amended 4-10-1990 by L.L.No.6-1990; D. Dormers are permitted on accessory, (k) No special Exception shall be>ranted"7-17-1990 by L.L.No.14-1990;2-5-1991 by buildingsup to 46 80%of the roof width.This un�ess the Zoning Board of'•' L.L.No.2-1991; 12-22-1992 by L.L.No. restriction shall not apply to buildings receiv- ' Appeals,in addition to the consider- 33-1992;-1-16-2007 by L.L. No. 2-2007;- ing a certificate of appropriateness from the I 4-22-2008 b L.L.No.3-2008 Town-of Southold Historic Preservation rations,determinations and findings - y _ ] required in§§280-142 and 280-143, 'In the Agricultural-Conservation District and Commission pursuant to Chapter 170 of the. specifically finds and deteinunes the _ L-ow-Density Residential R-80,R-120,R-200 Town Code. following:: and R-400 Districts,accessory buildings and E. Any accessory structure,that is not.a 1 [1] That the granting the Special Ex-- structures or other accessory uses shall be building shall not exceed'l8,feet in height and ,ception will not adversely impact located in the required rear yard,subject to the shall be set back-at the minimum regmred in ! following requirements, - • Subsection, above. .4 the privacy and use and enjovriient - - = A. Buildings with a flat or mansard roof F In the case of a waterfront parcel,acces- t of any adjoining parcel. I fi [2] That the granting of the Special 'shall not exceed 16 feet in height and shall be sory builchngs and structures may be located j Exception will not adversely set back at the rmmmum required for a sloping in the front yard,provided that such buildings impact the character of the roof. ,and structures meet the front-yard-pnncipal� RECEIVED APR - 9 2018 Steven Bellone SUFFOLK COUNTY EXECUTIVE Southold Town Clerk Department of L Economic Development and Planning Theresa Ward Commissioner Division of Planning and Environment March 29, 2018 Town of Southold 53095 Main Road _ P.O. Box 1179 Southold,NY 11971 Attn: Elizabeth Neville Applicant: Town of Southold Zoning Action: Local Law No. of 2018 Amendments to Chapter 280-13 Accessory Apartments in Accessory Structures S.C.P.D. File No:-., SD4 8-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 drew P. Frelen Chief Planner APF/cd LEE DENNISON BLDG 0 100 VETERANS MEMORIAL HWY,11th FI 0 P.O.BOX 6100 0 HAUPPAUGE,NY 11788-0099 0,(631)853-5191 RESO 2018-360 SUMMARY OF LL/AMENDMENT TO CHAPTER 280 "Accessory apartments in Accessory Structures" THE PROPOSED LOCAL LAW FOR WHICH A PUBLIC A PUBLIC HEARING IS BEING HELD THIS EVENING PROPOSES TO AMEND SECTIONS 280-13(B) AND 280-15 OF THE TOWN CODE IN ORDER TO INCREASE AFFORDABLE HOUSING OPPORTUNITES IN THE TOWN OF SOUTHOLD. CURRENTLY, 280-13(B) ALLOWS, BY SPECIAL EXCEPTION, FOR CONVERTING SPACE IN ACCESSORY STRUCTURES FOR AN ACESSORY APARTMENT IF THE STRUCTURE RECEIVED A CERTIFICATE OCCPANCY PRIOR TO JANUARY 1, 2008. THE PROPOSED AMENDMENT WOULD ELIMINATE THE CUTOFF DATE. IN ADDITION, THE PROPOSED AMENDMENT WOULD REQUIRE THE ZONING BOARD OF APPEALS TO ENSURE CERTAIN CRITERIA ARE MET PRIOR TO GRANTING THE SPECIAL EXCEPTION. � THE PROPOSED AMENDMENT ALSO PROPOSES TO AMEND SECTION 280-15 BY INCREASING THE ALLOWABLE SIZE OF AN ACCESSORY STRUCTURE AND INCREASING THE PERMISSIBLE DORMER SIZE ON AN ACCESSORY STRUCTURE FROM 40% OF THE ROOF WIDTH TO 80% OF THE ROOF WIDTH. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE r DRAFT RECEIVED Purpose to amend the code regarding BUILDING HEIGHT APA 10 2018 P,4 , �1�3tP�t To clarify and establish clear standards governing the maximum building height of resiti + structures 8u hold Town Clerk JUSTIFICATION: The_current code, as applied, allows new houses and second-story additions to be built to an actual height of 40 to 50 feet above grade level from the curb level, regardless of lot size In the case of an A-framed house, the actual height could exceed 50 feet Small, relatively flat waterfront lots, interior lots as well as lots situated on or near the Long Island Sound bluffs are being cleared and regraded to raise the natural grade of the building site to the highest point possible to take advantage of the code's loopholes for the benefit of a water view or simply to maximize the size of the house. Steep-sloped lots provide a safe haven from the code's height restrictions. The town's older small lot subdivisions have been particularly impacted by the towering effects, loss of light, privacy, open vistas, and change in the character of the neighborhood created when modest-height homes are converted to giant houses on undersized lots. When coupled with the fact that the code's minimum side yard setback is 10 feet for lots under 20,000 sq. ft., single-story houses can be converted to 35-foot high plus buildings with a 20-foot spacing between the existing residences without a variance If the planned second story addition involves a residence with an existing non-conforming side yard setback of 8 feet, for example, it can be difficult to deny a variance for the second story because the variance sought--of 20% -- is not substantial in relation to the code's 10-foot minimum RELEVANT CODE PROVISIONS: Bulk Schedule - Principal buildings are limited to a maximum height of 35 feet in all of the town's zoning district, and are restricted to a maximum of 2 1/2 stories in all of the residential districts and the Light Business District, and to 2 stories in the Business, Office and Industrial districts Definitions - 100-13 STORY-That part of any building, exclusive of cellars but inclusive of basement, comprised between the level of one finished floor or, if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the to of the roof beams. STORY, HALF-Any space, with a minimum clear height of five feet, partially within the roof framing where the clear height of not more than 50% of such space between the floor beams and the structural ceiling level is seven feet six inches or more HEIGHT OF BUILDING -The vertical distance measured from the average elevation of the natural grade adjacent to the building, before any alteration or fill, to the highest point of the roof(line)fer flat and maRSard reefs and to the mean height between eaves and Fidges feF GtheF type reqfs. In no case shall the height of the building exceed 35 feet including above grade cellars basements attics, cupolas domes, spire and observation towers (Provisions need to be added to address flat and mansard roofs 1 DRAFT Purpose to amend the code regarding setbacks of residential principal buildings on nonconforming lots -100-244. JUSTIFICATION: The code's minimum front yard and side yard setbacks applicable to lots less than 20,000 sq ft. are identical to the minimum setbacks established for 12, 500 sq. ft. lots in 1957 when the town first adopted zoning and created a minimum lot size of 12,500 sq. ft. The code's minimum single side yard setback of 10 feet in inadequate and permits 2 1/2 story, 35-foot high residences to be constructed 20 feet or less between residences. The current building trend is toward construction of large 2,500 sq ft houses, and renovation of --or additions to --existing houses, summer cottages and bungalows to create larger residences Because of the limited supply and high cost of a building lots and housing, residences often opt to renovate their houses rather than purchase or build a new home There is an increasing demand for swimming pools, large decks and porches, hot tubs, Jacuzzi, tennis courts, oversized detached garages and other structures, all which combined promote overbuilding. The problem is that the Town's older subdivisions of 10,000 sq. ft., 15,000 sq. ft. lot sizes and less were not designed to accommodate huge, 2 1/2 houses, spaced 20 feet apart. The roads and infrastructure are often inadequate. Parking on the streets is a common problem in many older subdivision because larger houses generally require more parking spaces and small lots simply do not have the room for additional on-site parking In some of the small tot waterfront communities, entire blocks have been built-out to the point where the water is no longer visible The overcrowding of housing has created problems of noise, traffic, loss of privacy, and perhaps most Importantly, loss of the rural character and quality of life we all value. RECOMMENDATION: 1. Establish a separate category for lots less than 10,000 sq ft , which would be subject to the existing code provisions for lots less than 20,000 sq ft. Create a separate category for lots 10,000 sq. ft to 19,999 sq ft to increase the minimum side and rear yard standards Area sq. ft Lot coverage Front yard Side Yard-Both Sides Rear 20,000 to 20% 40 15 35 50 39,999 10,000 to 20% 35 15 30 40 12,999 less than 2:9;909 20% 35 10 25 35 10,000 Strike-through represents deletion Underline represent insertion RECOMMENDATION: Delete or modify Article XXIII, 100-230 A This exemption undermines the bulk schedule and has had a domino effect on residential districts. It should only apply to commercial district and high density residential districts `Established front yard setback. Where property in the vicinity is improved with principal buildings with front yards of less than that required by the provision of this chapter, the front yard setback shall be the average setback of the existing buildings within 300 feet of the proposed building on the same side of the street within the same use district. 2 • DRAFT Purpose to amend the code to relate the allowable building on residential lots to lot size, and to establish a maximum size for detached accessory garages and certain structure, and to increase the required yard setbacks for accessory structures. JUSTIFICATION: The town code permits building lot coverage of 20%, but that figure does include the floor area of second-stories or half-stories Nor does the code's yard setbacks prohibit huge houses on small lots Currently, a 2-story residence, 50 ft by 30 ft. (total floor area 1500+1500=3000) can be built on a 75 ft. by 140 ft lot(10,500 sq ft), as well as a detached 20 ft by 30 ft accessory garage (600 sq ft), and a 10x10 (100 sq. ft.) exempt shed located 3 feet from the property line, all within code with no variances required The total impact of building floor area is 3700 sq. ft., but the lot coverage is only 2100 sq ft., or 20% 3 20 x 30 EX1 garage 3 140' 2-story residence 10 50ftx30 15 H H T 35 75' RECOMMENDATION: Create a Floor Area Ratio (FAR) Law. In the simplest terms, FAR laws relate the size of allowable building to the size of the lot FAR laws consider the total floor area of all floors and their impact on the lot size, which cannot be addressed solely by yard setbacks or lot coverage For example, the town could adopt a FAR of 20 for residential lots under 30,000 feet That would mean that on a 20,000 sq. ft. lot, the total floor areas of the principal residence could not exceed 4,000 sq ft Similarly, on a 7,500 sq ft lot, the maximum would be 2, 075 sq ft Many residential FAR laws also include the total floor areas of detached accessory structures, such as garages, work shops, large sheds, etc., recognizing that the total building impact to the lot includes all buildings The Town could adopt different FAR's to reflect the varied needs of the town's zoning districts. In high density districts and commercial districts, the FAR would be higher Accessory Buildings: There is no size limit for accessory garages, which can be 3 feet from the property line for lots up to 20,000 sq ft , 5 feet for lots 20,000 to 39,000. etc So-called accessory garages, in excess of 2000 sq. ft complete with dormers and curtains, are being constructed 5 feet from the property line. Many are illegally converted to high-priced rental units, which translates into double density on the lot, double impact of the school district, roads, police and other support services There is nothing affordable about these units. It is a profit-making enterprise that benefits a few at the expense of the taxpayers, and the rural character of our neighborhoods RECOMMENDATION: Establish a maximum building area of 750 square feet for residential _accessory buildings, excluding agricultural accessory buildings and structures. Size limits for accessory building are common in many municipalities.A size limit would give the Building Department clear standards to apply the code, and eliminate frustrating confrontations with applicants who wish to circumvent the code. 3 DRAFT Purpose to amend the code to relate the allowable building on residential lots to lot size, and to establish a maximum size for detached accessory garages and certain structure, and to increase the required yard setbacks for accessory structures. i JUSTIFICATION: The town code permits building lot coverage of 20%, but that figure does include the floor area of second-stories or half-stories. Nor does the code's yard setbacks prohibit huge houses on small lots. Currently, a 2-story residence, 50 ft. by 30 ft. (total floor area 1500+1500=3000) can be built on a 75 ft by 140 ft lot(10,500 sq. ft), as well as a detached 20 ft. by 30 ft accessory garage (600 sq ft.), and a 10x10 (100 sq ft.) exempt shed located 3 feet from the property line, all within code with no variances required The total impact of building floor area is 3700 sq ft , but the lot coverage is only 2100 sq. ft., or 20%. 3 20 x 30 shed garage 3 0x10 140' 2-story residence 10 50 ft x 30 15 H H T 35 75' RECOMMENDATION: Create a Floor Area Ratio (FAR) Law In the simplest terms, FAR laws relate the size of allowable building to the size of the lot. FAR laws consider the total floor area of all floors and their impact on the lot size, which cannot be addressed solely by yard setbacks or lot coverage. For example, the town could adopt a FAR of.20 for residential lots under 30,000 feet That would mean that on a 20,000 sq. ft. lot, the total floor areas of the principal residence could not exceed 4,000 sq. ft Similarly, on a 7,500 sq. ft. lot, the maximum would be 2, 075 sq ft. Many residential FAR laws also include the total floor areas of detached accessory structures, such as garages, work shops, large sheds, etc., recognizing that the total building impact to the lot includes all buildings. The Town could adopt different FAR's to reflect the varied needs of the town's zoning districts In high density districts and commercial districts, the FAR would be higher. Accessory Buildings: There is no size limit for accessory garages, which can be 3 feet from the property line for lots up to 20,000 sq ft., 5 feet for lots 20,000 to 39,000. etc So-called accessory garages, in excess of 2000 sq. ft. complete with dormers and curtains, are being constructed 5 feet from the property line. Many are illegally converted to high-priced rental units, which translates into double density on the lot, double impact of the school district, roads, police and other support services There is nothing affordable about these units It is a profit-making enterprise that benefits a few at the expense of the taxpayers, and the rural character of our neighborhoods RECOMMENDATION: Establish a maximum building area of 750 square feet for residential _accessory buildings, excluding agricultural accessory buildings and structures. Size limits for accessory building are common in many municipalities.A size limit would give the Building Department clear standards to apply the code, and eliminate frustrating confrontations with applicants who wish to circumvent the code. 3 Yard Setbacks for Accessory Buildings and Structures -As mentioned elsewhere, the yard setbacks for accessory structures 100-33B needs to be increased for all lot sizes. Increased setbacks will help protect and respect the privacy of adjoining property owners, prevent the visual impacts of wall-to-wall building, and the loss of open space areas between residences The is particularly important for swimming pools and accessory garages. While a property owner may want to construct a swimming pool and deck 3 or 5 feet from his rear yard property to maximize the use of his back yard, the effects to the adjoining neighbor can and have been devastating Similarly, a 30 ft by 40 ft. garage should not be placed 3 or 5 feet from any property line RECOMMENDATION: Increase the yard setbacks for accessory buildings and structure. 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I .: ... �_ �_, w g.: . . .... �; P From: To:Ural Date:12M1/102 Time:17:51:01 Page 1 of 4 RECEIVED APR 10 2018 P Southold Town Clerk DRAFT Recommendations to Preserve the Rural, Cultural and Historic Character of Southold's Residential Communities Prepared for the Town Board Standing Committee on Planning and Zoning December 11, 2002 BACKGROUND AND OVERVIEW During the past several years, Southold has experienced dramatic increases in both home prices and property values.Thus,when land costs exceed$100,000 per lot, it has become economically desirable to build larger homes, or to renovate or teardown older residences not only to provide additional amenities and living space, but also to attain purchase prices that are three times the cost of land acquisition.This phenomenon, known as"mans ionization", is a growing building trend in many upscale, older towns such as Southold. Studies indicate that communities nationwide are updating their zoning ordinances to find solutions to the problems of overbuilding on small lots in an effort to preserve the character of older neighborhoods. Mansionization refers to new construction or remodeling of single-family homes to the maximum allowable size permitted by code in neighborhoods distinctly characterized by considerably smaller homes Southold's code is not adequate to address the current building trend,which has particularly impacted the town's smaller lots and older subdivisions. For example, the code- required set backs for front and side yards, applicable to lots 20,000 square feet and under, has not changed since 1957,when the town first adopted zoning. Because of a loophole in the definition of Building Height,the actual height of a single-family dwelling can exceed 40 to 45 feet. The lack of a size limit on accessory structures has led to.2,000 square foot"garages",which have been converted into second dwellings on lots. When combined with inadequate set backs for accessory structures,the overall impacts are wall-to-wall building. Common complaints involve parlang problems, Inadequate distance between residences, tall buildings towering over smaller ones, overcrowding, noise, and numerous other problems that infringe upon the normal privacy expected in single-family zones. This report offers a series of recommendations for modifying Southold's zoning regulations to preserve the character of single-family neighborhoods while allowing architects and builders the opportunity to remain creative in the design and construction of new homes, and the remodeling of older homes, Dr&ft RecommonZatEiona P-90 1. Amend the code regarding building height. From: To:Ural Date:12M1/102 Time:17:51:50 Page 2 of 4 Amend the code to clarify and establish clear standards governing the maximum building height of residential structures.The purpose of the proposed changes are to. (a)close the loophole in the existing definition of height of a building 100-13, (b)create a separate definition for flat and low-pitched roofs, (c)establish a height limit of 28 feet for flat and low-pitched roofs;and(d)create a height limit of 28 feet on lots with a width less than 70 feet The following changes are proposed: 1.1 Amend the definition(110-13)of Height of Building to: HEIGHT OF BUILDING The vertical distance measured from the average elevation of the natural grade adjacent to the building, before any alteration or fill, to the lowest point of the eaves for flat and low-pitched roofs, and to the highestipo nt of the ridge for other type roofs 1.2 Add the following definition for flat and low-pitched roofs: FLAT AND LOW-PITCHED ROOF-Any roof that has a pitch of less than 4:12. 1.3 Amend the bulk Schedule for Residential Districts to establish a maximum building height of 28 feet for flat and low-pitched roofs, and 35 feet(no change)for all other type roofs 1.4 Amend the bulk Schedule for Residential Districts to establish a maximum building height of 28 feet for lot width 70 feet or less. and 35 feet(no change)for lot width 71 feet or greater 2. Amend the code regarding setbacks of residential principal buildings on nonconforming lots.100-244. Establish a separate category for lots less than 10,000 square feet, which would be subject to the existing code provisions for lots less than 20,000 sq.ft. Create a separate category for lots 10,000 sq.ft. to 19,999 sq.ft.to increase the minimum side and rear yard standards. Area sq.ft Lot coverage Front yard Side Yard-Both Sides Rear 20,000 to 20% 40 15 35 50 39,999 10,000 to 20% 35 15 30 40 19,999 less than �p 2.9;())98 2710% 35 10 25 35 JLY 8I� 1dCCmDIlIYl6.IItlL8�10116 age &nke-Rough represents deleticm. Underline represent insethon. 3. Increase the required yard set backs for accessory buildings and structures in the AC,R-40,R-80,R-120,R-200 and R400 Districts.100-33 B. From: To:Ural Date:12H1/102 Time:17:52:27 Page 3 of 4 . T , Separate the set back requirements for lots up to 10,000 square feet,from lots more than 10,000 square feet up to 20,000 square feet.The separation would more accurately reflect the differences between a 7,000 square foot lot, for example, and an 18,000 square foot lot. Increase the side yard set backs by moving each to the next level.The net increase is minor but would provide greater privacy for neighboring homeowners. It would also help alleviate some of the typical conflicts that arise between property owners over the close proximity to property lines of swimming pools and accessory garages. 100-33.13 Accessory Buildings (1) On lots containing up to 10,000 square feet, such buildings shall be set back no less than three(3)feet from any lot line. (no set back change) (2) On lots containing more than 10,000 up to 20,000 square feet, such buildings shall be set back no less than three(3) fyLQ feet from any lot line. (3) On lots containing in excess of 20,000 up to 39,999 square feet, such buildings shall be set track no less than We(5) ten 10 feet from any lot line. (4) On lots containing in excess of 39,999 up to 79,999 square feet, such buildings shall be set back no less than+c�twenty(20)feet from any lot line (5) On lots containing in excess of 79,999 square feet, such buildings shall be set back no less than three twenty(20)twenty-five(251 feet from any lot line. 4. Establish a size limit for detached accessory building(garages,tool sheds,etc.) in the residential districts,excluding agricultural building and structures. The purpose of establishing a size limit would be to: (a)discourage the illegal conversion of oversized accessory buildings into second dwelling units, (b) provide the Building Department with clear standards to apply the code, and to eliminate frustrating confrontation with applicants; and(c)reduce the impacts to adjoining residences of oversized accessory buildings The following size limits are proposed to be added to Accessory Building 100-33 as a new subsection 100-33 D: 100-33.Accessory Buildings. D. Such buildings shall not exceed 480 square feet on lots containing up to 20,000 square feet, and shall not exceed 750 square feet on lots containing in excess of 20,000 square feet. 4Jxh ®'vim 5. Enact a Building Height Envelope Law & The purpose of the law is to prevent overcrowding, loss of open space, separation and privacy between residences, and overbuilding on lots. The law would establish a vertical and horizontal budding envelope based upon the building's set back to the nearest property line. Based upon the studies accompanying this report,the following Building Height Law and corresponding �tiao V recommer dd&d, r eaomm�n ane W Building Height Envelope Law. All buildings on lots within the R-40 R-80 R-120 R-200 and R-400 districts shall be set back from all property lines so that the height of any point of the building shall not exceed the horizontal distance between the nearest property line and the closest point building,or a 1:1 ratio: except that on lots witha width of 70 feet or less, the ratio shall be increased to 1:1.1/2 From: To:Ural Date:12MV 02 rime:17:53:20 Page 4 of 4 Notwithstanding any provisions to the contrary,the maximum height limit for all buildings shall not exceed the maximum in the bulk schedule. 6.- Consider Creating a Floor Area Ratio(FAR)Law. Residential FAR laws are a widely used planning tool in communities which have a large number of substandard lots such as Southold. FAR laws relate the size of allowable building to the size of the lot.The concept is simply:if you want a large house, you need a larger lot. For example, a FAR of M,which included the total of all floor areas of the principal residence,would mean that on a 10,000 sq.ft lot, the total floor areas of the residence could not exceed 2,000 square feet. Similarly,with.a lot size of'30,000 sq. ft.,the limit would be 6,000 sq. ft. If the FAR ratio were increased to.25,the limit would increase to 2,500 sq.ft. on the 10,000 sq. ft. lot, and to 7,500 on the 30,000 sq.ft. lot. The FAR concept merits further discussion and closer scrutiny in order to access its value and impact to residential neighborhoods. Therefore,the committee is not prepared to make a recommendation at this time. 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