Southold Supe Set To Advance Affordable Apartment Creation Despite County's Stance On Density

SOUTHOLD, NY — Southold Town Supervisor Scott Russell is ready to take a firm stand for affordable housing — he's set to move forward with recently adopted code amendments that will pave the way for the creation of apartments as principal uses in the town's commercial districts.

Recently, Russell was informed that the plans could hit a stumbling block — although the premise of his proposal for apartment creation is contingent upon advanced wastewater treatment systems newly approved by Suffolk County, at a recent forum on those wastewater treatment systems held in Town Hall, county officials told the supervisor that the creation and implementation of those systems would not allow for an increase in density greater than what currently exists.

At Wednesday night's Mattituck Chamber of Commerce event, "The State of Mattituck," Russell — the supervisor was one of a lineup of speakers giving a global perspective of how the hamlet is faring — outlined the code amendment, which would allow for the creation of affordable apartments in the commercial areas.

Recently, he reintroduced the idea of apartments allowed as a principal use in the town's commercial zones.

Currently, Russell said, apartments are largely seen as accessory units; he helped former Supervisor Josh Horton create legislation that expanded the use of accessory apartments, Russell said. When that initial legislation for apartments as an accessory use was created, the thought was not to lose commercial space downtown, the supervisor pointed out.

But now, Russell said, more than "110,000, 120,000 square feet of vacant rental space exists in Mattituck."
Vacant commercial space also exists in Southold, he said. "I think those hamlets could absorb some of the inventory," Russell said.

Initially, Russell believed that sanitary flow hurdles might be easier to overcome for apartments as principal uses in commercial zones, since the Suffolk County Health Department has new septic treatment systems approved, with many more coming soon.

Suffolk County "stumbling block"

Russell said when crafting the amendment, the idea was that the newly approved alternative wastewater treatment systems would help facilitate the Suffolk County Heath Department's approval for the new apartments in the hamlet centers.

The new systems would reduce nitrogen levels, he said.

But, Russell said, "The Suffolk County Health Department has said we're really not allowed to do that, not allowed to increase density or intensity," Russell said. "That's something we are going to have to overcome."

Non-plussed, the supervisor said he's prepared to move forward as planned.

"I want one project to be proposed. And then I want to stand in front of it and let the Suffolk County Health Department say they're opposed to affordable housing. That is in complete contradiction to what the County Executive has said."

He added, "I intend on moving forward with the new code amendment. The SCDH has said that, based on the policy of no increased density, the use of new onsite alternative treatment systems would not allow for increasing the density beyond current allowances. I understand that provision of the new sanitary code and agree with it.

"However, I also think that it would be appropriate, and necessary, to carve out exceptions for proposals that meet other important public goals, like affordable housing. If the county is intractable in its stance, of course I would be willing to stand in front of the County Executive’s office or the office of any other legislator to demand changes. I think that, at the end of the day, that won’t be necessary."

Net nitrogen reduction is what needs to be considered, Russell said.

He also said he'd like a definition of "intensity. That's something we will have to flesh out. By taking such a rigid stance," Russell said the SCHD "is basically advocating for the status quo."

Suffolk County Legislator Al Krupski, who was also present, confirmed that the alternative treatment systems approved did not give license for increased density; that was something meant to be avoided from the outset, he said.

Russell, however, said filling up vacant commercial inventory "isn't as easy as people think" and if those properties can be used for affordable rentals, the idea should be explored.

NIMBYism, he added, is alive and well. People might say they want affordable housing, he said. "But put your finger on a map and suddenly, people don't want it anymore."

The need for apartments is critical, Russell said Wednesday, with many on the town's affordable housing registry simply unable to qualify for a mortgage.

"Affordable housing needs to be looked at not as a pinnacle on a hill, but as a ladder. The town need to create steps," Russell said.

The goal is to provide, affordable, safe options, Russell said. Then, as individuals perhaps marry or advance in their careers, they can move to the next level and buy a home.

Russell discussed the town's affordable housing registry has traditionally given first preference to residents in the school districts, then town residents, then those who work in town but don't live in Southold.

A similar system led to Oyster Bay being sued for housing discrimination, Russell said, adding that giving preference to locals leaves the town "vulnerable to litigation."

Donielle Cardinale asked how employers who were looking for rentals for their staff could find housing for those specific individuals.

Russell said the town would have to abide by the affordable housing registry to place individuals in affordable apartments. The list ensures all applicants have had background and credit checks and are "good tenants," he said.

As for property owners who decided to rent apartments in the hamlet centers, Russell said if, down the line, they wanted to go back to a commercial use, they could but they'd have to exit the affordable housing program and give up the right to the six or seven apartments.

The time is now, Russell said, to address the critical need for affordable rentals. One look at the town's affordable housing registry, he said, and it's clear that those looking to stay in the community are firefighters, oil burner repairmen, nurses at the hospital.