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Home My WebLink AboutLegal Notices PUBLISHER'S CERTIFICATE State of Connecticut County of New London, ss. New London Personally appeared before the undersigned, a Notary Public within and for said County and State, Michelle Ruocco, Legal Advertising Clerk, of The Day Publishing Company Classifieds dept, a newspaper published at New London, County of New London, state of Connecticut who being duly sworn, states on oath, that the Order of Notice in the case of 28299 LEGAL NOTICE NOTICE OF ENACTMENT A Local Law No. 5 T'T 28299-� FALocal LEGAL NOTICE NOTICE OF ENACTMENT,:Law No 5 of 2019 entitled,A'Local Law to Amend the Zoning Map of the Town A true copy of which is hereunto annexed, was thold by Changing the Zoning Designation of the property of the Fishers Island ublished in said newspaper in its issues Of 'Company identified as corner of Central and Crescent Avenues,Fishers'Island, PNew York,SCTMi11000 6 6 20 8,from R 80;(Residentlal)to HD(Hamlet Density)has i been ENACTED by the Town Board'of the Town of Southold on March 26,2019 05/23/2019 i Section 1.Purpose. -- - The purpose of this Local Law is to amend the Zoni- ng Map to change the zoning on the 'parcel known as SCTM#1000-6-6-20.8,from R-80(Residential)to HD(Hamlet Density).i Section 2.Code Amendment. Cust: SOUTHOLD TOWN OF/TOW N CLE ,Based on the goals of the Town,and upon our consideration of the application and of Ad#: d00826556 ;the recommendations of the Town Planning Board,the Suffolk County Planning Com-i mission,and the public comments taken at the public hearing and otherwise,we hereby AMEND the Official Zoning Map of the Town of Southold as adopted by Section 100-21 I of the Town code to change parcel•SCTMlt 1000-6.6-20 8,from,R-80(Residential)to HD(Hamlet Density)as'Draval of this change of zone is subiect to the applicant films of covenants and restrictions a roved b the Town Attome hmiUn the use of the subiect property to housing for full-time year rounds residents of Fishers Island.The property is located at Central Avenue,Fishers Island,New York Section 3.Severability- byaanyclause, court of cosentence, mpetent jurisdiction to be h,section,invalid,hethis judgemLocal ent shall shall noteaffectthe validity of this law as a whole or any part thereof other than the part so deaded to be •C•e unconstitutional or Invalid Section 4,Effective Date A complete copy of the summarized local law above shall be available for public Inspec- Subscribed and sworn to before me tion during normal business hours at the Office of the Town clerk Town of Southold, 53095 Main Road,Southold;New York. This Friday May 24, 2019 This Local Law shall take effect immediately upon filing with the;Secretary of-State as provided by law. gY ORDER OF THE TONIN BOARD Dated March 26,2019• OF THE TOWN OF SOUTHOLD Elizabeth A Neville,Southold Town Clerk 4 ' Y Notary Public My commission expires .3> i F t r1,.F��, ;;a�.�kr•,s`n`�.1'a•', r,,h2'f l• RECEIVED M AY 2 9 2019 Southold Town Clerk I � 4 i 1 � r I —FFIIIIIIsllllll II�eIIII�-III L I -r . � r I I III IIIII I II IIIII III I II 111 IIII{III 111 Iltllll I Mailing Label <<- EMS:;218326°5499, U,S '''y Label 11-F, April 2004 EXPRESS , MAIL UNITED STATES POSTAL SERVICE® Post Off iceToAddressee PO ZIP Code Day of Delivery Postage Delivery Attempt Time ❑AM Employee Signature ❑Next ❑2nd ❑2nd Oel Day $ Mo. Day ❑PM Scheduled Date of Delivery Return Receipt Fee Delivery Attempt Time Employee Signature Date Accepted ❑AM . Month Day $ Mo. Day PM Ut Mo. Day Year Scheduled Time of Delivery COD Fee---[Insurance Fee Delivery Date Time El AM Employee Signature z Time Accepted E3 AM ❑Noon El3 PM $ Mo Day ❑PM Military Total Postage&Fees -' - "-' '"-"--"- -- -.^ "---*:T;'•t{.c Q =❑WAIYER bF StONATURE(t7omesflc M¢1lOnf ❑PM vdld if'w"alJor of turole Y)Addgtlonai merchandise lnauronco to , sfgna ro4weted Ivnstt tlelNeryto be madevn'Jmut obtaining signature Flat Rate El or Weight ❑2nd Day ❑3rtl Day ofaddresseeoraddressee'.,1, (IfdaEivery omployeejadgoa that anicta can be(ett In secure LU ocndon)enC I autho lza th¢t dei veryemployee s signature constitutes vel d p ouf o4 Co1Nery' / Int'I Alpha Country Code Acceptance Emp.Initials �- QciDELIVEI2Y lbs ., ozs. _ - • - • - _ i 0 METHOD OF PAYMENT- i P Express Mel Corporate Acct No x 1 19 2 9 EF Federal ostalSAgency Acct No or 0 ervice Axt No I Q FROM:SSE PHI" PHONE i�7�/f 1 1P v_ f✓® TO:(PLEASE PRINT) PHONE tt 7 g X17 -a 55 -- - ----- - - - -- -A �- - yst� T�aVL . N 'er-te PO- SbX -1<1J79, v ��-}� e ca r4s 4. :Cr-rw SOUTHOLD NY 11971--,0959 OIll e, oAtmer P),a z.c q R Wa6h i n on AV h N e A (ba.nj aa3 � FOR PICKUP OR TRACKING: Visit WVVW-USPS-COM or Caill-800-222-1811 24/ 25 F:02 T: EP14July 2013 MIT US AT USPS®C'® ® UNITED STATES s 111.625 x 15.125 ORDER FREE SUPPLIES ONLINE ANPOSTAL SERVICE® ELIZABETH A. NEVILLE MMC Town Hall,53095 Main Road G TOWN CLERK �� P.O.Box'1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS - Fax(631)765-6145 MARRIAGE OFFICER ®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®a( �'� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN, CLERK TOWN OF SOUTHOLD May 20, 2019 Priority Mail Express EM 283265499 US Re: Local Law No. 5 of 2019 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 my telephone call with your office this morning, I am sending you a replacement of Local No. S of 2019 for filing in your office in accordance with provisions of Section 27 of the Municipal Home Rule Law. I I would appreciate if you would send me a receipt indicating the filing the enclosures in your office. Thank you. , Very truly youlfl.A� s, i lam. Elizabeth A. Neville Southold Town Clerk Enclosures cc: Town Attorney NEW YORK STATE DEPARTMENT OF STATE Division of Corporations,State Records and Uniform Commercial Code One Commerce Plaza,99 Washington Avenue Albany,NY 12231-0001 Local Law Filing • (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 i ❑ Village Local Law No. 5 of the year 2019 . A Local Law entitled, A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM#1000-6-6-20.8, from R-86 (Residential) to HD (Hamlet Density) Be it enacted the Town Board of the: ❑ County ❑ City Q Town of SOUTHOLD ❑ Village Section 1. Purpose. A local Law to change the zoning of the parcel known as SCTM#1000-6-6-20.8, from R=80 (Residential) to HD (Hamlet Density). Section 2. Code Amendment. Based on the goals of the Town, and upon our consideration of the recommendations of the Town Planning Board, the Suffolk County Planning Commission, and the public comments,taken at the public hearing and otherwise, we hereby amend the official Zoning Map of the Town of Southold as adopted by Section 100-21 of the Town Code to change parcel SCTM 1000-6-6-20.8, from R-80 (Residential)to HD (Hamlet Density) approval of this change-of zone is subject to the filing of covenants and restrictions approved by the Town Attorney limiting the use of the subject property to housing for full-time year round residents of Fishers Island. The property is located at Crescent Avenue, Fishers Island, New York. Section 3. Severability. If any clause, sentence,paragraph, section, or part of this Local Lawl 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. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (If additional space is needed,attach pages the same size I s this sheet,and number'each.) 1 I DOS-239-f-1(Rev 04/14) (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. 5 of 20 19 . of the € (Town) of SOUTHOLD was duly passed by the TOWN BOARD on March 26 20 19 , 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 1 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. 2 i DOS-239-f-1(Rev.04/14) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37)of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general)election held on 20 became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Clerk oft County legislative body, City, Town or (Seal) Village Clerk or officer designated by local legislative body Elizabeth A. Neville,Town Clerk Date: May 20,2019 3 LIZABETH A. NEVILLE MMC ®�OSuFF®L,rt® ®��®� 9� E TOWN CLERKcoo Gym REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER D RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ---- - OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 15, 2019 Priority Mail press E 218 6 316 2 3 7 U S RE: Loca Law No. 5 of 2019 Town o Southold, Suffolk County New York State Departmen of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231 Dear Sir/Madam: In accordance with pro isions of Section 7 of the Municipal Home Rule Law, I am enclosing herewith certi ed copy of Local La o. 5 of 2019 of the Town of Southold, suitable for fili in your office. I would appre 'ate if you would send me a receipt 'ndicating the filing of the enclosures in your o ice. Thank you. \ Very truly yours, Lynda M Rudder Deputy Town Clerk E osures c : Town Attorney i NEW YORK STATE DEPARTMENT OF STATE Division of Corporations,State Records and Uniform Commercial Code One Commerce Plaza,99 Washington Avenue Albany,NY 12231-0001 Local Law Filing (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 SOUTH00//"�* ❑ Village Local Law No. 5 of the year 2019 . A Local Law entitled, A Loc Law to amend the Zoni Map to change the zoning of the parcel known as SCTM #1000-6-6-20. from R-80 (Reside ial) to HD (Hamlet Density) Be it enacted the Town Board of the: ❑ County ❑ City Q Town of SOUTHOLD ❑ Village Section 1. Purpose. A local Law to change the zoning of the arcel known s SCTM#1000-6-6-20.8, from R-80 (Residential) to HD (Hamlet Density). Section 2. Code Amendment. Based on the goals of the Town, an upon our consideration the recommendations of the Town Planning Board, the Suffolk County Planni Commission, and the publa comments taken at the public hearing and otherwise,ee hereby amend the up/ Zoning Map of the Tow of Southold as adopted by Section 100-21 of the Town Code to change parce SCTM 1000-6-6-20.8, from R-80 esidential) to HD (Hamlet Density.. The property is located at Crescent venue, Fishers Island,New York. Section 3. Severability. If any clause, sentence, par graph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the par so decided to be unconstitutional or invalid. r Section 4. Effective D to This Local Law shall ake effect immediately upon filing with the Secretary of State as provided by law. (If add' ional space is needed, attach pages the same size as this sheet, and number each.) DOS-239-f-1(Rev 04(14) 1 (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. 5 of 20 19 of the ( "GiVo)(Town) EWillago) of SOUTHOLD was duly passed by the TOWN BOARD on March 26 , 20 19 , in accordance with the applicable provisions of law. 2. (Passage by loca legislative body with approval, no disapproval or re- a after disapproval by the Elective Chief Executive Of 1 r*.) I hereby certify that the to 1 law annexed hereto, designated as local aw No. of 20 of the(County)(City)(Town) illage) of was duly passed by the on 20 nd was (approved)(not approved)(re-passed after disapproval) by the and was d med duly adopted on 20 , in accordance with the applicable prov' ions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, des' ted 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 referendu and received the affirmative vote of a majority of the qualified electors voting thereon at the (genera (special)(annu election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum nd final adoption because n valid petition was filed requesting referendum.) I hereby certify that the local law anne d hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (appyed)(not approved) (repassed after disapproval) by the on - 20 ch local law was subject to permissive referendum and no valid etition requesting such referendum was filed as of 20 , in accordance with the applicable prov' ions 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. 2 DOS-239-f-1(Rev 04/14) 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 la annexed hereto, designated as local law No of 20 of the County of State of New rk, having been submitted to the electors at the General Election of Novemb 20 , puisu nt to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and havi received the affirmative vote of majority of the qualified electors of the cities of said county as a unit and a majority of t qualified electors of the to s of said county considered as a unit voting at said general election,became operative. i (If any other authorized form of final adopt n has been fol wed, please provide an appropriate certification.) I further certify that I have compared the preceding cal la with the original on file in this office and that the same is a correct transcript there from and of the whole of such ri nal local law , and was finally adopted in the manner indicated in paragraph 1 , above. Clerk o he County legislative body, City, Town or (Seal) Village rk or officer designated by local legislative body Elizabeth Neville,Town Clerk Date: ay 15 2019 i I i i i I i i i 3 Neville, Elizabeth Full Name: Laws Local Last Name: Local First Name: Laws Job Title: Dept of Law Company: NYS DOS Business: (518)474-2755 Linda Laasch arolyn i i I i Neville, Elizabeth From: Neville, Elizabeth Sent: Monday, May 20, 2019 11:07 AM To: Duffy, Bill Subject: F.I. Utility C of Z? Attachments: Document2.docx Importance: High Bill, I am preparing the legal notice for the enactment to send to the Suffolk Times now that we received the filed covenants & restrictions. However, I feel we should be adding the text of the condition of approval to the legal notice of enactment. It also probably should have been added to the local law filing the NYS Dept of State and it was not. I probably should call them and tell them to discard what was sent to them and that I will be re-filing it with the conditional approval. What do you think? Please advise. Betty Neville . 'f Elizabeth A. Neville, MMC Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 'i 1 . i i f Neville, Elizabeth k k From: Neville, Elizabeth j Sent: 'Monday,-May 20, 2019 1:19- T To: legals@tin esreview.com; legal@theday;com; Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon;James Diinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Norklun, Stacey; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary,Tomaszewski, Michelle;William R'uland; 'fiferry@fishersisland.net'; finyinfo@gmail.com; F.I. Fog Horn (fico mmunityboard@gmail.com); 'ficommu'nityboard@gmail.com'; Geb Cook(gcook@fiferry.com); gmurphy@fiferry.com; Lisa Finn (lisaahfinn@gmail.com); Michaelis,Jessica; Reisenberg, Lloyd; denise@southoldlocal.com; 'Martin Finnegan' Subject: LEGAL NOTICEof Enactment of Local Law No. 5 of 2019 Attachments: LEGAL NOTICE.pdf i Please publish on May 23, 2019 and forward one affidavit of publication to Elizabeth A. Neville,Town Hall, P.O. Box 1179, Southold, NY 11971 Elizabeth A. Neville, MMC Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ext.228 , Fax 631765-6145 Cell 631466-6064 r 1 j I { • 1 LEGAL NOTICE NOTICE OF ENACTMENT A Local Law No. 5 of 2019 entitled,A Local Law to Amend the!Zoning Map of the Town of Southold by Changing the Zoning Designation of the propertyof the Fishers Island Utility Company identified as corner of Central and Crescent Avenues,Fishers Island,New York, SCTM#1000-6-6-20.8, from R-80(Residential)to HD(Hamlet Density)has been ENACTED'by the Town Board of the Town of Southold on March 26,2019. Section 1.Purpose. The purpose of this Local Law is to amend the Zoning Map to change the zoning on the parcel known as SCTM#1000-6-6-20.8, from R-80 (Residential)to HD(Hamlet Density). Section 2. Code Amendment. i Based on the goals of the Town, and upon our consideration of the application and of the recommendations of the Town Planning Board,the Suffolk County Planning Commission, and the public comments taken at the public hearing and otherwise,we hereby AMEND the Official Zoning Map of the Town of Southold as adopted by Section 100-21 of the Town Code to change parcel SCTM# 1000-6-6-20.8, from R-80 (Residential)to HD (Hamlet Density)approval of this change of zone is subiect to the applicant filing of covenants and restrictions approved by the Town Attorney limiting the use of the subiect property to housing for full-time year rounds residents of Fishers Island. The property is located at Central Avenue,Fishers Island,New York. - Section 3. 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 judgement 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. Section 4.Effective Date A complete copy of the summarized local law above shall be available for public inspection during normal business hours at the Office of the Town Clerk, Town of Southold, 53095 Main Road, Southold,New York. This Local Law shall take effect immediately upon filing with the Secretary of State'as provided by law. Dated: March 26,2019 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A.Neville, Southold Town Clerk r Please publish on May 23, 2019 and forward one affidavit of publication to Elizabeth A.Neville, Town Hall,P.O. Box 1179, Southold,NY 11971 Copies to:The Suffolk Times,The New London Day,Town Board;Town Attorney;Town Clerk Bulletin Board,Town Website; Martin D. Finnegan, Esq Ii l 1 Twomey F Latham SHEA, KELLEY, DUBIN & QUARTARARO, LLP Martin D.Finnegan Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A Twomey,Jr. (1945-2014) Stephen B Latham John F Shea,III Christopher D Kelley David M Dubin -*- Jay P Quartararo t Peter M.Mott Janice L Snead February 25, 2019 RECEIVED Anne Marie Goodale Bryan C Van Cott Kathryn Daly Laura I Dunathan By Hand FEB 2 5 2„.9 Lisa Clare Kombrink Patrick B Fife Martin D.Finnegan o Ms. Elizabeth A. Neville, Town Clerk Southold Town Clerk Jeffreyy WW. Reza Town of Southold W.Pagano ag P.O. Box 1179 Bryan J Drago Southold,NY 11971-0959 Bernadette E Tuthill Craig H Handler Alexandra Halsey-Storch Re: Change of Zone Application for Fishers Island Utility Melissa S Doris Katerina Grinko Company Lorraine Paceleo Premises: Corner of Central and Crescent Avenues Terrence Russell Daniel R.Bernard to Fishers Island,NY Christina M Noon SCTM#1000-6-6-20.8 OF COUNSEL Public Hearing Date: February 26,2019 at 4:31 p.m. Kevin M Fox Kelly E.Kirnrons Dear Betty: Karen A.Hoeg Patricia J.Russell Jennifer P Nigro . With respect to the above-referenced Application, enclosed please find :• NV&LA BARS the original executed and notarized Affidavits of Mailing and Posting for t LL M IN TAXATION filing with your office. ♦ NY&NJ BARS O NY,NJ&PA BARS eNY,NJ&DC BARS' NY,NJ&FL BARS If you have any questions regarding the enclosed, please feel free to Main Office contact me. Thank you for your assistance. 33 West Second St. P.O. Box 9398 Riverhead, NY 11901 V truly yo S, 631.727.2180 suffolklaw.com Martin . Finnegan MDF/lk Enclosures r" AFFIDAVIT OF MAILING This is to serve notice that I personally sent notices by certified mail — return receipt, the receipts and green return receipt cards of which are attached hereto, to the owners of record of every property which abuts and every property which is across from the subject property located on the corner of Central and Crescent Avenues, Fishers Island, NY, SCTM #1000-6-6-20.8. A e_ iK,-ck uza Your Aame (print) 'gn re P.O. 336, Laurel, NY 11948 Address February 13, 2019 Date Sworn to before me this day of Febru 2019. tary Public KATERINAWWWWjEyADA NOMY �York Cuall(bd In&M W County COMMIMlon EsgAugm 05,2029 Re: Change of Zone Application for Fishers Island Utility Company/Briar Patch SCTM#: 1000-6-6-20.8 Date of Public Hearing: Tuesday, February 26, 2019, 4:31 p.m. k x Obrvice 'IV REGEIP © o p B° o It CO ® ro TUCSO�l z 90`1'85'718' } ` ' ] ; FI SNERS St:HN , dY 06391; k il �p Certified Mad Fee 19r11 I o-`p Certified Mail Fee _ �- $3.50 � � $3.50 0901 Extra Services&Fees(check box,add tee �1 ete) C, 07 J j N Extra Services&Fees(check box,add fees ¢ pate) �? ❑ Return Receipt(hardcopy) $ girl �1� \L �� w ❑Return Receipt(hardcopy)? $ )I ( i ❑Retum Receipt(electronic) $ (� �li� Yost -k~~`~ '!'• '``'r r tea r ❑Return Receipt(electronic) $ $0-00 \P atmark aF1 Certified Mall Restricted Delivery $ � 0 + HetC41, &I)„ 0 ❑Certified Mail Restricted Delivery $ $.0.00 � Here; El Adult Signature Required $ ^� i 0 E]Adult Signature Required $ t, ❑Adult Signature Restricted Delivery$ 1, � a ❑Adult Signature Restricted Delivery$ M 1:3 Postage = f O Postage Q Er $0.55 ,•, �� ; o-. $ � Total Postage and Fees 02/1``r/201--9 �� Total Postage and Fees %A( A 3 19 I $ $6.85 $ $6.85 tti Se t T '/ r- Sent ro O Stre and Apt. o.,or P� ox N a� JS �� i Street a dAP No,or B40:0 ------------ -------h-_f�= �x - C Sta e,ZIPP�+�4n City tatA, IP+4� 0.0 a �s ��-? a - s Q D 1p 3 a p ®_ a o C3 ®. s C3 CIO i � " I SHERPfI SLA1�D,-NYq 0639th � �� FI SHE �y'�19C ,z NY`06'3C�� r1 �L� ;. 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A. Signa ur ■ Print your name and address on the reverse X L7 Agent so that we can return the card to you. 7s/❑Addressee ■ Attach this card to the back of the mailpiece, B cel a rinted Na c.Dat of De e or on the front if space permits. 1. Article Addressed to:%Sk L � D. Is , ddress different from item 17 Yes, If YESES,enter delivery address below: E3No IIIIII I III IIII I II II III IIII II I I I IIII III 3. Service Type ❑Priority Mall Express® ❑Adult Signature E3 Registered MaIITM M1gnature Restricted Delivery E3 Registered Mail Restricted d Mail® Delivery 9590 9402 2784 6351 2384 10 El Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 11 Collect on Delivery Restricted Delivery ❑Signature ConfirmationTm 2. Article Number(transfer from service label) _ n In.1—A U.il ❑Signature Confirmation 7 017 0190 0 0 0 0 7461 4876 tricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt SEN40MCOMPLE7EMISSECTiON Cbmp."Lo • DELIVERY 111111 Complete items 1,2,and 3. A. signature /�iV�v 1/ �R Sj�d�■ Print your name and address on the reverse X u �'so that we cart return the card to you. � e ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. p� of D)Ilu )y or on the front if space permits, d 1. Article Addressed to /� n , D. Is delivery address different fr ��I� W�eIf YES,enter delivery address P �� px say � �� II I I IIII IIII II I I III I I I I II III I I I I III I III 3. Service Type ❑Priority Mad Express® ❑Adult Signature ❑Registered MaiiTM Adult afore Restricted Delivery ElRegistered Mail Restricted ❑ ified pMaii® Delivery 9590 9402 2784 6351 2384,03 ❑Certified Mall Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ElCollect on Delivery Restricted Delivery ❑Signature ConfirmationTn° -- --- - —- _ ❑-Insured Mall ❑Signature Confirmation _ estricted Delivery• Restricted Delivery 7 017 019 0 0 0 0 0 7 4 61 4 8 8 3 PS=3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ON DELIVERY SENDEh- A sig ■ Complete items 1,2,and 3. ■ Print your name and address on the reverse x S�5��?] d 9ent see so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. ad by(Pr�nrec¢Name C e of i ry or on the front if space permits. f% �/� f 1. Article Addressed to: D. Is delivery address different ro itemYe If YES,enter delivery addre be 0 0 �S 639 P oP63 3. Service Type ❑Priority Mail Express® II I IIIIII IIII III I III I I II II I III IIII'I II I I II I III ❑Adult Signature ❑Registered MOW ❑ Sig Adult nature Restricted Delivery ❑ RRegistered Mall Restricted; m-e€£fied Mail® Dellvery 9590 9402 2784 6351 2383 80 ❑Certified Mad Restricted Delivery ❑Retum Recelpt for ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation { „r,,.frmnefar_frnrrmservlC2label) __ _, I Sf nature Confirmation j 2 Artr - '17 017 0'19 0 1 0 0 0 0 7 4 6'1' 4 9 0�6" icted Delivery i t Restricted Delivery SII' PS Form 3811,1 July'201'5 PSN 7530-021000{9053 Domestic Return Receipt SECTIONCOMPLETE THIS . SENDER- COMPLETE THIS SECTION ■ Complete items 1,2,and 3. A.7sig re ent ■ Print your name and address on the reverse x ssee so that we can return the card to you. Received ted Name) C. ate ��ery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 4 1. ArticleeAddressed�000: I f D. Is delivery address different from item 1? ❑Yes 'ani l( If YES,enter delivery address below. ❑No ' rAll,- 3. Service Type ❑Priority Mau Expresso IIIIIIIIi IIII llllllllllllll 111 llllllll 11111111 ❑Adult Signature ❑Registered MallTmR ❑Adul nature Restricted Delivery ❑Registered Mall Restricted ified Mails Delivery i 9590 9402 2784 6351 2383 66 ❑Certified Mall Restricted Delivery ❑Return Receipt for I 13 Collect Collect on Delivery ❑Signature ConfirmatlonTM ❑Collect on Delivery Restricted Delivery 2. Article Number(transfer from service iabep -�—� ❑Signature Confirmation 7 017 0190 0000 7461 4920. estricted Delivery Restricted Delivery l A ' ': PS Form 3811,July 2015 PSN 7530-01-000-9053 Domestic Return Receipt it 11 I IiIlI1 IIII IIt11t pill 1 I 1 -- kLIVERY COMPLETE • . SENDER" COMPLETE THISSE&ION A.Sig re ■ Complete items 1,2,and 3. gent ■ Print your name and address on the reverse _ -Xf A dresses i, so that we can return the card to you. B. Received by(Printed Name) C.Date oflivery � __Vd ' ■ Attach this card to the back of the mailpiece, l or on the front if space permits. Ds delivedress different es 1. Article Addressed to: D. ry adfrom i em 1? YIf YES,enter delivery address below: o �JeAJ 3. Service Type ❑Priority Mail Express", ❑Adult Signature ❑Registered MaiITM illllllllirlilllllllllllllllilllllllllllllilll ❑Adult Signature Restricted Delivery ❑DelO M Gerttm Maile iveryedMall Restricted ❑Return Receipt for 9590 9402 2784 6351 2383 59 [1 Collect on DeliveEl Certified Mail Restricted Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑signature Confirmations' 2. Article Number(Transfer from service label) p Insured Mad ❑s(gnatu a Confirmation cted Delivery Restricted Delivery 7017 .0190 0000 7461 4937 f`' `' ' '' . Domestic Return Receipt PS Form 3811,July 2015 OSi4 7530''-02-000-9053 COMPLETE • ON • SECTION —0complete items 1,2,and 3. A71. 4B. R gnature Agent ■ Print your name and address on the reverse 0Addressee so that we can return the card to you.■ Attach this card to the back of the mailpiece, ved by(Printed Name) C. Date of Deli ery or on the front if space permits. Yes s j1. Article Addresse to: D. Is delivery address different from item 1?/ �f If YES,enter delivery address below. p No f j J`_ �L ElJ L I tr t) O C-0.� to- I aa. 3. Service Type ❑Priority Mail Express® ❑Adult Signature ❑Registered Mall- I II I IIIIII IIII III I III I I II II I III VIII I III I II I III ❑Adult Signature Restricted Delivery ❑De istered Mall Restrictedl Lt C$lified Mail® Del very 9590 9402 2784 6351 2383 42 ❑Certified Mad Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise mm 4 ❑Collect on DeliveryRestricted Delivery El Signature Confirmation 2—nrticumh la Ner_(Transfer_from service label) ❑Signature Confirmation 7 017 0190 000.0 7461 49,44 Restricted Delivery Restricted Delivery Domestic Return Receipt PS Form 3811,July`2015 PSN 7530-02-000=9053 ` r f SECTIONCOON ON bELivERY ■ complete items 1,2,and 3. A. �natur ■ Print your name and address on the reverse ❑ ee so that we can return the card to you. B. Received by(Printed Na Apt � ,� ate of ry i ■ Attach this card to the back of the mailpiece, I t ` or on the front if space permits. r "® ' } 1. Article Addressed,to: D. Is delivery address differen fro to s ��t If YES,enter� delivo O 639 /Jt 1 3. Service Type ❑Priority Mail Express® 1 IIIIIIIII IIII III I IIII I II II I III IIII II IIIIII I III ❑Adult Signature ❑Registered Mall ❑Adult Signature Restricted Delivery ❑ RRegistered Mail Restricted,, i led Mali® Delivery 9590 9402 2784 6351 2384 27 ❑Certified MaiRestricted Delivery ❑Return Receipt for f El Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation .i 2. Article Number(Transfer from service label) ; ,❑Sl nature Confirmation I _ t ��_, ❑Incumd Mair.i ; i t Restricted Delivery i ' ' ' :kdated Delivery ry i 7017' 01;90 60'0b � 7462' 6039 1 PS Form 3811,J6Iy:2015'PSN 7530-02-000-9053; — Domestic Return Receipt s Twomey Martin D.Finnegan SHEA, KELLEY, DUBIN & QUARTARARO, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A Twomey,Jr (1945-2014) Stephen B Latham February 13 2019 John F.Shea,III Christopher D Kelley David M.Dubin -*- Jay P.Quartararo t Peter M Mott Janice L Snead Anne Marie Goodale Via Certified Mail, Return Receipt Requested Bryan C Van Cott Kathryn Dalli Laura I Dunathan Edwards Family LLC Lisa Clare Kombrink Patrick B Fife c/o Deborah L. Edwards Martin D.Finnegan o Reza Ebrahimi 3555 E. Placita De La Raza. Jeffrey W Pagano » Tucson, AZ 85718-7448 Bryan J.Drago Re: Change of Zone Application for Fishers Island Utility Company/ Bernadette E Tuthill Craig H Handler Briar Patch Alexandra Halsey-Storch Melissa S Doris Premises: Corner of Central and Crescent Avenues, Fishers Katenna Grinko Island, NY/SCTM#1000-6-6-20.8 Lorraine Paceleo Terrence Russell Daniel R Bernard t® Christina M Noon Dear Ms. Edwards: OF COUNSEL Please be advised that this office represents the Fishers Island Kevin M Fox Utility Company which has filed a Change of Zone Application with the Kelly E.Kinirons Karen A Hoeg Southold Town Board with regard to the property referenced above. Patricia J.Russell Jennifer P Nigro O A public hearing has been scheduled for Tuesday, February 26, NY&LA BARS 2019 at 4:31 p.m. at the Southold Town Hall, 53095 Main Road, Southold, t LL M IN TAXATION 9 NY&NJ BARS New York. A copy of the Hearing Notice is enclosed for your review. O NY,NJ&PA BARS A NY,NJ&DO BARS A NY,NJ&FL BARS If you have any questions with regard to this Application,please Main Office feel free to contact this office. 33 West Second St. P.O.Box 9398 Riverhead, NY 11901 � ry truly Urs, 631.727.2180 suffolklaw.com Mart' Finnegan MDF/lk Enclosure WM4, RESOLUTION 2018-1078 ADOPTED DOC ID: 14729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2018-1078 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island Utility Company regarding a portion of the property identified as SCTM#1000-6-6-20.8 from R-80(Residential)to HD(Hamlet Density; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning,including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning;and be it further RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York, the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot 91000-6-6-20.8 R-80 (Residential)to HD(Hamlet Density)" at Town Hall located at 53095 Main Road, Southold, New York,on the 26th day of February,2019 at 4:31 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten(10)days nor more than thirty(30)days prior to such hearing. a�a*?-q-ad� Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS) MOVER: William P.Ruland,Councilman SECONDER:Louisa P. Evans,Justice AYES: Dinizio Jr,Ruland,Doherty, Ghosio,Evans,Russell TwomeyMarten D.Finnegan SHEA, KELLEY, DUBIN & QUARTARARO, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A Twomey,Jr (1945-2014) Stephen B.Latham February 13 2019 John F.Shea,III Christopher D Kelley David M Dubin •. Jay P.Quartararo t Peter M Mott Janice L Snead Anne Marie Goodale Via Certified Mail,Return Receipt Requested Bryan C Van Cott 0 Kathryn Dalli Laura I Dunathan Island Peoples Project Lisa Clare Kombnnk Patrick B Fife P.O. Box 523 Martin D.Finnegan o Reza Ebrahiml Fishers Island,NY 06390 br Jeffrey W Pagano 0 Re: Change of Zone Application for Fishers Island Utility Company/ Bryan J Drago Briar Patch Bernadette E.Tuthill Craig H Handler Premises: Corner of Central and Crescent Avenues, Fishers Alexandra Halsey-Storch Melissa S Doris Islands NY/SCTM#1000-6-6-20.8 Katerina Grinko Lorraine Paceleo Terrence Russell TO Whom It May Concern: Daniel R Bernard to Christina M Noon Please be advised that this office represents the Fishers Island OF COUNSEL Utility Company which has filed a Change of Zone Application with the Kevin M Fox Southold Town Board with regard to the property referenced above. Kelly E.Kinirons Karen A.Hoeg Patricia J.Russell Jennifer P Nigro 4, A public hearing has been scheduled for Tuesday, February 26, 2019 at 4:31 p.m. at the Southold Town Hall, 53095 Main Road, Southold, NY&LA BARS New York. A copy of the Hearing Notice is enclosed for your review. t LL.M IN TAXATION 4 NY&NJ BARS O NY,NJ&PA BARS o NY,NJ&DO BARS If you have any questions with regard to this Application, please A NY,NJ&FL BARS feel free to contact this office. Main Office 33 West Second St. P.O.Box 9398 Ve l)innegan S, Riverhead, NY 11901 631.727.2180 suffolklaw.com Martin MDF/1k Enclosure RESOLUTION 2018-1078 MPF ADOPTED DOC ID: 14729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2018-1078 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island Utility Company regarding a portion of the property identified as SCTM#1000-6-6-20.8 from R-80(Residential)to HD(Hamlet Density; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning,including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York,the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot#1000-6-6-20.8 R-80 (Residential)to HD (Hamlet Density)" at Town Hall located at 53095 Main Road,Southold, New York, on the 26th day of February,2019 at 4:31 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten(10) days nor more than thirty(30)days prior to such hearing. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans,Justice AYES: Dinizio Jr,Ruland,Doherty, Ghosio,Evans,Russell Twomey VA' Latham Martin D.Finnegan SHEA, KELLEY, DUBIN 8& QUARTARARO, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A Twomey,Jr. (1945-2014) Stephen B Latham February 13 2019 John F.Shea,III Christopher D.Kelley David M Dubin Jay P Quartararo t Peter M Mott Janice L Snead Anne Marie Goodale Via Certirled Mail,Return Receipt Requested Bryan C Van Cott O Kathryn Dalli Laura I Dunathan Island Health Project Lisa Clare Kombrink Patrick B Fife P.O. Box 344 Martin D Finnegan o Reza Ebrahiml Fishers Island, NY 06390 Jeffrey W Pagano Re: Change of Zone Application for Fishers Island Utility Company/ Bryan J Drago Briar Patch Bernadette E Tuthill Craig H Handler Premises: Corner of Central and Crescent Avenues, Fishers Alexandra Halsey-Storch Melissa S Doris Island1 NY/SCTM#1000-6-6-20.8 Katenna Grinko Lorraine Paceleo Terrence Russell To Whom It May Concern: Daniel R Bernard to Christina M Noon Please be advised that this office represents the Fishers Island OF COUNSEL Utility Company which has filed a Change of Zone Application with the Kevin M Fox Kelly E Kinirons Southold Town Board with regard to the property referenced above. Karen A Hoeg Patricia J Russell Jennifer P Nigro © A public hearing has been scheduled for Tuesday, February 26, 2019 at 4:31 p.m. at the Southold Town Hall, 53095 Main Road, Southold, NY&LA BARS New York. A copy of the Hearing Notice is enclosed for your review. t LLM IN TAXATION O NY&NJ BARS O NY,NJ&PA BARS to NY,NJ&DC BARS If you have any questions with regard to this Application, please A NY,NJ&FL BARS feel free to contact this office. Main Office 33 West Second St. P.O. Box 9398 ery truly)innegan s, Riverhead, NY 11901 631.727.2180 suffolklaw.com Martin MDF/lk Enclosure ANY RESOLUTION 2018-1078 VP ADOPTED DOC ID: 14729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2018-1078 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island Utility Company regarding a portion of the property identified as SCTM#1000-6-6-20.8 from R-80(Residential)to HD(Hamlet Density; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning,including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York,the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot#1000-6-6-20.8 R-80 (Residential)to HD (Hamlet Density)" at Town Hall located at 53095 Main Road, Southold, New York,on the 26a'day of February,2019 at 4:31 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten(10)days nor more than thirty(30)days prior to such hearing. 4�Q"O� Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland,Councilman SECONDER:Louisa P. Evans,Justice AYES: Dinizio Jr,Ruland,Doherty, Ghosio,Evans,Russell Twomey VA Latham Martin D.Finnegan SHEA, KELLEY, DUBIN & QUARTARARO, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A Twomey,Jr. (1945-2014) Stephen B Latham February 13 2019 John F Shea,III Christopher D Kelley David M.Dubin -. Jay P Quartararo t Peter M Mott Janice L Snead Anne Marie Goodale Via Certiried Mail, Return Receipt Reauested Bryan C Van Cott Kathryn Dalli Laura I.Dunathan Christopher and Trudi Edwards Lisa Clare Kombrink Patrick B Fife P.O. Box 167 Martin D Finnegan o Reza Ebrahlml Fishers Island,NY 06390 Jeffrey W Pagano a Re: Change of Zone Application for Fishers Island Utility Company/ Bryan J.Drago Briar Patch Bernadette E Tuthill Craig H Handler Premises: Corner of Central and Crescent Avenues, Fishers Alexandra Halsey-Storch Melissa S Doris Island, NY/SCTM#1000-6-6-20.8 Katerina Grinko Lorraine Paceleo Terrence Russell Dear Mr. and Mrs. Edwards: Daniel R.Bernard to Christina M Noon Please be advised that this office represents the Fishers Island OF COUNSEL Utility Company which has filed a Change of Zone Application with the Kevin M.Fox Kelly E Kinirons Southold Town Board with regard to the property referenced above. Karen A Hoeg Patricia J Russell Jennifer P Nigro © A public hearing has been scheduled for Tuesday, February 26, 2019 at 4:31 p.m. at the Southold Town Hall, 53095 Main Road, Southold, NV&LA BARS New York. A copy of the Hearing Notice is enclosed for your review. t LL M IN TAXATION O NY&NJ BARS O NY,NJ& BARS OC m NV,NJ&DC BARS If you have any questions with regard to this Application, please A NY,NJ&FL BARS feel free to contact this office. Malys Office 33 West Second St. P.O.Box 9398 V truly yours, Riverhead, NY 11901 631.727.2180 suffolklavu.corvs Martin mnegan MDF/lk Enclosure '141mi RESOLUTION 2018-1078 f .ADOPTED DOC ID: 14729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2018-1078 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island Utility Company regarding a portion of the property identified as SCTM#1000-6-6-20.8 from R-80 (Residential)to HD(Hamlet Density; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning,including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York,the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot#1000-6-6-20.8 R-80 (Residential)to HD (Hamlet Density)" at Town Hall located at 53095 Main Road, Southold., New York,on the 25th day of February,2019 at 4:31 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten(10)days nor more than thirty(30) days prior to such hearing. 2? Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland,Councilman SECONDER:Louisa P.Evans,Justice AYES: Dinizio Jr,Ruland,Doherty, Ghosio,Evans,Russell Twomey VA' Latham Martin D.Finnegan SHEA, KELLEY, DUBIN a QUARTARARO, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A Twomey,Jr (1945-2014) Stephen B Latham John F Shea,ill February 13, 2019 Christopher D.Kelley David M Dubin •. Jay P Quartararo t Peter M.Mott Janice L Snead Anne Marie Goodale Via Certified Mail, Return Receipt Requested Bryan C Van Cott 4 Kathryn Dalli Laura I Dunathan Cary Brown Lisa Clare Kombrink Patrick B Fife 2916 Langford Drive Martin D Finnegan o � Reza Ebrahlmi Charlottesville VA 22903 Jeffrey W Pagano M Re: Change of Zone Application for Fishers Island Utility Company/ Bryan J Drago Briar Patch Bernadette E Tuthill Craig H Handier Premises: Corner of Central and Crescent Avenues, Fishers Alexandra Halsey-Storch d Islan Melissa S Doris , NY/SCTM#1000-6-6-20.8 Katerina Grinko Lorraine Paceleo Terrence Russell Dear Cary Brown: Daniel R Bernard to Christina M Noon Please be advised that this office represents the Fishers Island OF COUNSEL Utility Company which has filed a Change of Zone Application with the Kevin M Fax Kelly E.Kinirons Southold Town Board with regard to the property referenced above. Karen A.Hoeg Patricia J.Russell Jennifer P Nigro A public hearing has been scheduled for Tuesday, February 26, 2019 at 4:31 p.m. at the Southold Town Hall, 53095 Main Road, Southold, NY&LA BARS New York. A copy of the Hearing Notice is enclosed for your review. t LL M IN TAXATION O NY&NJ BARS U NY.NJ&PA BARS o NY,NJ&OC BARS If you have any questions with regard to this Application, please A NY,NJ&FL BARS feel free to contact this office. Main Office 33 West Second St. P.O.Box 9398V truly yours, Riverhead, NY 11901 631.727.2180 suffolklaw.com Martin Fi egan MDF/lk Enclosure RESOLUTION 2018-1078 �,* ADOPTED DOC ID: 14729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2018-1078 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island Utility Company regarding a portion of the property identified as SCTM#1000-6-6-20.8 from R-80(Residential) to HD(Hamlet Density; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning,including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York,the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot#1000-6-6-20.8 R-80 (Residential)to HD(Hamlet Density)" at Town Hall located at 53095 Main Road,Southold, New York,,on the 26a'day of February,2019 at 4:31 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten(10) days nor more than thirty(30)days prior to such hearing. 0"o 22� Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland,Councilman SECONDER:Louisa P. Evans,Justice AYES: Dinizio Jr,Ruland,Doherty, Ghosio,Evans,Russell Twomey Martin D.Finnegan SHEA, KELLEY, DUBIN a QUARTARARO, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A Twomey,Jr. (1945-2014) Stephen B.Latham February 13 2019 John F Shea,III Christopher D Kelley David M.Dubin •. Jay P Quartararo t Peter M Mott Janice L Snead Anne Marie Goodale Via Certified Mail,Return Receipt Requested Bryan C Van Cott 4 Kathryn Dalli Laura I.Dunathan Paula Pendergast Trust Lisa Clare Kombrink Patrick B Fife 56 Tarpon Lane Martin D Finnegan o Reza Ebrahimi Key Largo, FL 33037 Jeffrey W.Pagano Re: Change of Zone Application for Fishers Island Utility Company/ Bryan J Drago Briar Patch Bernadette E Tuthill Craig H Handler Premises: Corner of Central and Crescent Avenues, Fishers Alexandra Halsey-Storch Melissa S.Doris Islandf NY/SCTM#1000-6-6-20.8 Katerina Grinko Lorraine Paceleo Terrence Russell Dear Ms. Pendergast: Daniel R Bernard t© Christina M.Noon Please be advised that this office represents the Fishers Island OF COUNSEL Utility Company which has filed a Change of Zone Application with the Kevin M.Fox Kelly E Kinirons Southold Town Board with regard to the property referenced above. Karen A Hoeg Patricia J Russell Jennifer P Nigro 0 A public hearing has been scheduled for Tuesday, February 26, 2019 at 4:31 p.m. at the Southold Town Hall, 53095 Main Road, Southold, NY&LA BARS New York. A copy of the Hearing Notice is enclosed for your review. t LL M IN TAXATION ® NY&NJ BARS O NY,NJ&PA BARS © NY,NJ&DC BARS If you have any questions with regard to this Application, please NY,NJ&FL BARS feel free to contact this office. Main Office 33 West Second St. P.O. Box 9398 Ve ru y yo Riverhead, NY 11901 631.727.2180 suffolklavv.com Marti innegan MDF/lk Enclosure UOKO RESOLUTION 2018-1078 ADOPTED DOC ID: 14729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2018-1078 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island Utility Company regarding a portion of the property identified as SCTM#1000-6-6-20.8 from R-80(Residential)to HD(Hamlet Density; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning,including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York,the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot#1000-6-6-20.8 R-80 (Residential)to HD (Hamlet Density)" at Town Hall located at 53095 Main Road, Southold, New York,on the 26th day of February,2019 at 4:31 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten(10)days nor more than thirty(30)days prior to such hearing. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland,Councilman SECONDER:Louisa P. Evans,Justice AYES: Dinizio Jr,Ruland,Doherty, Ghosio,Evans,Russell Twomey Martin D.Finnegan SHEA, KELLEY, DUBIN 8( QUARTARARO, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A Twomey,Jr (1945-2014) Stephen B Latham February13 2019 John F Shea,III Christopher D Kelley David M.Dubin -- Jay P Quartararo t Peter M Mott Janice L Snead Anne Marie Goodale Via Certified Mail,Return Receipt Requested Bryan C Van Cott P Kathryn Dalli Laura I Dunathan Ms. Mary Meyer Lisa Clare Kombrink Patrick B Fife 180 Riverside Drive Martin D Finnegan o Reza Ebrahimi New York,NY 10024 Jeffrey W Pagano n Re: Change of Zone Application for Fishers Island Utility Company/ Bryan J Drago Briar Patch Bernadette E Tuthill Craig H Handler Premises: Corner of Central and Crescent Avenues,Fishers Alexandra Halsey-Storch Melissa S Doris Island,NY/SCTM#1000-6-6-20.8 Katenna Grinko Lorraine Paceleo Terrence Russell Dear Ms. Meyer: Daniel R Bernard to Christina M.Noon Please be advised that this office represents the Fishers Island OF COUNSEL Utility Company which has filed a Change of Zone Application with the Kevin M Fox Kelly E Kinirons Southold Town Board with regard to the property referenced above. Karen A Hoeg Patricia J.Russell Jennifer R Nigro © A public hearing has been scheduled for Tuesday,February 26, 2019 at 4:31 p.m. at the Southold Town Hall, 53095 Main Road, Southold, •i NY&LA BARS New York. A copy of the Hearing Notice is enclosed for your review. t LL M IN TAXATION O NY&NJ BARS O NY,NJ& BARS DO B NY,NJ&DC BARS If you have any questions with regard to this Application, please NY,NJ&FL BARS feel free to contact this office. Main Office 33 West Second St. P.O. Box 9398 very u y yo , Riverhead, NY 11901 631.727.2180 sufFolklaw.com Martin . Finnegan MDF/lk Enclosure a RESOLUTION 2018-1078 ITWO ADOPTED DOC ID: 14729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2018-1078 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island Utility Company regarding a portion of the property identified as SCTM#1000-6-6-20.8 from R-80 (Residential)to HD(Hamlet Density; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning,including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York,the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot#1000-6-6-20.8 R-80 (Residential)to HD (Hamlet Density)" at Town Hall located at 53095 Main Road, Southold, New York,on the 26th day of February,2019 at 4:31 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten(10)days nor more than thirty(30)days prior to such hearing. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANI_MOUS] MOVER: William P. Ruland,Councilman SECONDER:Louisa P. Evans,Justice AYES: Dinizio Jr,Ruland,Doherty, Ghosio,Evans,Russell TwomeyLatham Martin D.Finnegan SHEA, KELLEY, DU SIN a QUARTARARO, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A Twomey,Jr (1945-2014) Stephen B Latham February13 2019 John F Shea,III Christopher D Kelley David M Dubin •. Jay P Quartararo t Peter M Mott Janice L Snead Anne Marie Goodale Via Certified Mail,Return Receipt Requested Bryan C Van Cott Kathryn Dail! Laura I Dunathan Michael L. McLaughlin Revocable Trust Lisa Clare Kombrink Patrick B Fife P.O. Box 323 Martin D Finnegan o Aiven SC 29802 Reza Ebrahlmi Jeffrey W Pagano E2 Re: Change of Zone Application for Fishers Island Utility Company/ Bryan J Drago Briar Patch Bernadette E Tuthill Craig H Handler Premises: Corner of Central and Crescent Avenues, Fishers Alexandra Halsey-Storch Melissa S Dons f Island NY/SCTM#1000-6-6-20.8 Katerina Grinko Lorraine Paceleo Terrence Russell Dear Mr. McLaughlin: Daniel R Bernard to Christina M Noon Please be advised that this office represents the Fishers Island OF COUNSEL Utility Company which has filed a Change of Zone Application with the Kevin M Fox Kelly E Klnirons Southold Town Board with regard to the property referenced above. Karen A Hoeg Patricia J Russell Jennifer P Nigro 0 A public hearing has been scheduled for Tuesday, February 26, 2019 at 4:31 p.m. at the Southold Town Hall, 53095 Main Road, Southold, •1 NY&LA BARS New York. A copy of the Hearing Notice is enclosed for your review. t LL M IN TAXATION 4 NY&NJ BARS O NY,NJ&PA BARS B NV,NJ&OC BARS If you have any questions with regard to this Application, please A NY,NJ&FL BARS feel free to contact this office. Main Office 33 West Second St. P.O. Box 9398 V , truly your Riverhead, IVY 11901 631.727.2180 suffolklaw.com Martin D. F' egan MDF/lk Enclosure ANN RESOLUTION 2018-1078 ADOPTED DOC ID: 14729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2018-1078 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island Utility Company regarding a portion of the property identified as SCTM#1000-6-6-20.8 from R-80(Residential)to HD(Hamlet Density; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning,including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York,the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot#1000-6-6-20.8 R-80 (Residential)to HD (Hamlet Density)" at Town Hall located at 53095 Main Road, Southold, New York,on the 26th day of February,2019 at 4:31 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten(10)days nor more than thirty(30)days prior to such hearing. raoeyL Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland,Councilman SECONDER:Louisa P. Evans,Justice AYES: Dinizio Jr,Ruland,Doherty, Ghosio,Evans,Russell Twomey Martin D.Finnegan SHEA, KELLEY, DUBIN & QUARTARARO, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A Twomey,Jr. (1945-2014) Stephen B.Latham February 13 2 John F Shea,III ary , 019 Christopher D Kelley David M.Dubin •. Jay P Quartararo t Peter M.Mott Janice L Snead Anne Marie Goodale Via Certified Mail, Return Receipt Requested Bryan C Van Cott O Kathryn Dalli o Laura I.Dunathan St, John's Lisa Clare Kombnnk Patrick B Fife P.O. BOX 505 Martin D Finnegan o Reza Ebrahlml Fishers Island,NY 06390 Jeffrey W.Pagano o Re: Change of Zone Application for Fishers Island Utility Company/ Bryan J Drago Briar Patch Bernadette E.Tuthill Craig H Handier Premises: Corner of Central and Crescent Avenues, Fishers Alexandra Halsey-Storch Melissa S Dons f Island NY/SCTM#1000-6-6-20.8 Katerina Grinko Lorraine Paceleo Terrence Russell To Whom It May Concern: Daniel R Bernard to Christina M.Noon Please be advised that this office represents the Fishers Island OF COUNSEL Utility Company which has filed a Change of Zone Application with the Kevin M Fox Southold Town Board with regard to the property referenced above. Kelly E Kinirons Karen A.Hoeg Patricia J Russell Jennifer P Nigro ® A public hearing has been scheduled for Tuesday, February 26, 2019 at 4:31 p.m. at the Southold Town Hall, 53095 Main Road, Southold, •• NY&LA BARS New York. A copy of the Hearing Notice is enclosed for your review. t LL M IN TAXATION 0 NY&NJ BARS U NY,NJ&PA BARS ® NV,NJ&OC BARS If you have any questions with regard to this Application, please A NY,NJ&FL BARS feel free to contact this office. Main Office 33 West Second St. P.O.Box 9398 very urs, Riverhead, NY 11901 631.727.2180 sufFolklaw.com Martin D. egan MDF/lk Enclosure RESOLUTION 2018-1078 ADOPTED DOC ID: 14729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2018-1078 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island Utility Company regarding a portion of the property identified as SCTM#1000-6-6-20.8 from R-80 (Residential)to HD(Hamlet Density; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning,including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York,the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot#1000-6-6-20.8 R-80 (Residential)to HD (Hamlet Density)" at Town Hall located at 53095 Main Road, Southold, New York, on the 26th day of February,2019 at 4:31 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten(10)days nor more than thirty(30)days prior to such hearing. ell Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland,Councilman SECONDER:Louisa P. Evans,Justice AYES: Dinizio Jr, Ruland,Doherty, Ghosio,Evans,Russell Twomey Martin D.Finnegan SHEA, KELLEY, DUBIN & QUARTARARO, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A Twomey,Jr (1945-2014) Stephen B.Latham February 13 2019 John F Shea,III Christopher D Kelley David M Dubin •. Jay P Quartararo t Peter M.Mott Janice L Snead Anne Marie Goodale Via Certirled Mail, Return Receipt Requested Bryan C.Van Cott O Kathryn Dalli Laura I Dunathan Paul and Leslie Tombari Lisa Clare Kombrink Patrick B Fife P.O. Box 357 Martin D Finnegan o Reza Ebrahimi Fishers Island, NY 06390 Jeffrey W Pagano m Re: Change of Zone Application for Fishers Island Utility Company/ Bryan J Drago Briar Patch Bernadette E Tuthill Craig H Handler Premises: Corner of Central and Crescent Avenues, Fishers Alexandra Halsey-Storch Melissa S Doris Islands NY/SCTM#1000-6-6-20.8 Katerina Grinko Lorraine Paceleo Terrence Russell Dear Mr. and Mrs. Tombari: Daniel R Bernard to Christina M Noon Please be advised that this office represents the Fishers Island OF COUNSEL Utility Company which has filed a Change of Zone Application with the Kevin M FOX Kelly E Kinirons Southold Town Board with regard to the property referenced above. Karen A Hoeg Patricia J. Jennifer P.Nigroll 0 A public hearing has been scheduled for Tuesday, February 26, 2019 at 4:31 p.m. at the Southold Town Hall, 53095 Main Road, Southold, C NY&LA BARS New York. A copy of the Hearing Notice is enclosed for your review. t LL M IN TAXATION O NY&NJ BARS D NY.NJ&PA BARS ❑ NY,NJ&DO BARS If you have any questions with regard to this Application, please A NY,NJ&FL BARS feel free to contact this office. Main Office 33 West Second St. P.O. Box 9398 Veours, Riverhead, NY 11901 631.727.2180 suffollclaw.com Martin D innegan MDF/lk Enclosure RESOLUTION 2018-1078 ADOPTED DOC ID: 14729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2018-1078 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island Utility Company regarding a portion of the property identified as SCTM#1000-6-6-20.8 from R-80 (Residential) to HD(Hamlet Density; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning,including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York,the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot#1000-6-6-20.8 R-80 (Residential)to HD (Hamlet Density)" at Town Hall located at 53095 Main Road, Southold, New York,on the 26th day of February,2019 at 4:31 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten(10) days nor more than thirty(30)days prior to such hearing. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland,Councilman SECONDER:Louisa P.Evans,Justice AYES: Dinizio Jr,Ruland,Doherty, Ghosio,Evans,Russell AFFIDAVIT OF POSTING i i This is to serve notice that I personally posted the property known as Corner of Central and Crescent Avenues, Fishers Island, NY, SCTM #1000-6-6- 20.8 by placing the Town's official poster notice(s) within 10 feet of the front property line facing the streets where it can be easily seen, and that I have checked to be sure the posters have remained in place for at least seven days prior to the date of the public hearing on February 26.2019. 4 YourlName (pri t) W* n f + i !iJ cw� 'til �� ~15 1 � t_ �� a-.� �l L•�(� ��/ G i, Addrgss ' �� M Data Sworn to before me this- tA day'of February, 2019. �`;`0��S'! te�fN Notary FaIblic-State of NstvYoric Qu,,lI:' d in Suffolk County Is�i CCCiI1t.SI01i EXpiias.NOVornber7,2020 �,54 NOdter ,Public t - rRielle�rk!tSRs�a�elklr�,tiht�k�r�k�kirkkt�'krAAr�Inkr��kht,kit+Hn►�,�Athlnrkt�IrYt�ir**,kit*,Antnt,lka**�itirir�lknprrtklr,kk� i Re: Change of Zone Application for Fishers Island Utility Company/Briar Patch SCTM#: 1000-6-6-20.8 Date of Public Hearing: Tuesday, February 26, 2019. 4:31 p.m. I I Ila ev PI AN IV 'I Ago a-` k - r Y t �Tl - W Y 0 RESOLUTION 2018-1078 a ".f was ADOPTED DOC ID: 14729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-1078 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island Utility Company regarding a portion of the property identified as SCTM#1000-6-6-20.8 from R-80 (Residential)to HD (Hamlet Density; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning, including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York, the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town,of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot#1000-6-6-20.8 R-80 (Residential)to HD (Hamlet Density)" at Town Hall located at 53095 Main Road, Southold, New York, on the 26th day of February,2019 at 4:31 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten(10) days nor more than thirty(30) days prior to such hearing. e Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell PUBLISHER'S CERTIFICATE State of Connecticut County of New London, ss. New London Personally appeared before the undersigned, a Notary Public within and for said County and State, Michelle Ruocco, Legal Advertising Clerk, of The Day Publishing Company Classifieds dept, a newspaper published at New London, County of New London, state of Connecticut who being duly sworn, states on oath, that the Order of Notice in the case of �;TaC:`�-r•-fir}(}-�-.,-j" ,(.—�-��fie�;Vi:- .ts: _ it,275891 .'ttt�`, }!a; y (. LEGAL NOTICE;} 27589 LEGAL NOTICE NOTICE OF PUBLIC NOTICE OFPU§LIC HEARING ' HEARING ON PROPOSAL TO I'.,) '" �-C10i I'.t'+: .. OWPROPOSAL' TO'AMEND ZONING " a i,.1ORDINANCE AND MAP i`ry r i NOTICE IS HER GIVEN that the Town,Board of,the TovVn'of Sb6thold is considerV Ing,the,Change of Zone application of,the Fishers,lsland Utility Company,Ipc.,on the 'property'identifled as'Briar Patch located at the west end of Fishers Island at the corner pof Central and Crescent Avenues,Fishers Island,New York,SCTM#1000-6,-6-20.8 from, A true copy of which is hereunto annexed, was R-80'(Residential)to HD(Hamlet Density),and beit'further' NOTICED'that pursuant td th&regwrements of Section,265 of ttieNew York'State published in said newspaper in Its issue(s)of I --Town Law,and the Code of the,Town of Southold,Suffolk County,New.York„the Town. Board of the Town,of Southold will hold"a public hearing bn the 26th'day of February; 02/07/2019 ;2019 at 4:31 P.M.,at the SoutholdiTown Hall located_at(53095 Main Road,Southold,' New York,and directs the Town Clerk to publish notice of such application in the Suffolk Times and the New London Day:dewspapers not less than ten(10)days nor more'thad' jthgty,(30),days prior to such hearing,on aproposed Local Law entitled"A Local Law tol Cust: SOUTHOLD TOWN OF/TOW N CLE Amend the Zoning Map of the Town,of Southold by'Changing the Zohing Designation Ad#: d00812427 of a portion of the property identified on the Suffolk County Tax Map as,Lot�#1000-6-; 6-20 8 from R-80(Residential)to HD,)Hamlet Density) all that certain tract,plot,piece, or parcel of'land,'lying,being and''' '� , situated at,F,ishers Island,tTown,of Southold,County of Suffolk and State of,New.York and more particularly being bounded and described as follows•- . BEGINNING-at a nierestone set at the mtersection'ofthe Northeasterly line of Central' Avenue and the Northwesterly line of Crescent Avenue,said merestoneibeing;located 1488.17 feetWest of a point which is 3538 95 feet North'af a mondment marking the U'S Coast and,Geodetic Survey Triangulation Station"PROS"and thence running-North I ,71degrees,27 minutes 10 secondsWest 15500 feet along,said,Northeasterlyjine ofi •Central A4enue to'a inonument;'thence North 14 degrees 31 min6tes•20'setonds East 32482 feet tb a;po,0t,thence,North 82 degrees 40 mmutes;00 seconds,East 166,59, Flo feet to'a point m said Northwesterly Ime of Crescent Avenue,thence South 14"degrees -31iminutes•201,secon&West 397.72•feet along said Northwesterly line of.Crescenf' tAyenue to the merestone at the point of beginning Subject property,consists of,55,757,f Subscribed and sworn to before me 'square feet=128 acres• Any person desiring to be heard on this proposed amendment shduld appear at the"q 'time and place'above so specified This Monday, February 11, 2019 I Dated-January•23,2019 PJ ORDER OFTHETOWNBOARD, OF THE TOWN OF SO•UTHOL i- T Elizabeth'A.Neville t Southold Town Clerk a 2308480XUIL�_ Notary Public o, My commission expires 3� r ' Rudder, Lynda From-' Martin Finnegan <mfinnegan@suffolklaw.com> Sent: Friday, February 15, 2019 9:46 AM To: Rudder, Lynda Subject: Re: FI Utility COZ Yes! Martin Finnegan, Esq. Twomey, Latham, Shea, Kelley, Dubin &Quartararo, LLP Sent from my Whone On Feb 15, 2019, at 9:23 AM, Rudder, Lynda <Ivnda.rudder@town.southold.ny.us>wrote: Has the Notice of Public Hearing been posted at the property? 4� Lynda M Rudder Principal Account Clerk Southold Town Clerk's Office 53095 Main Road,PO Box 1179 Southold,NY 11971 631/765-1800 ext 210 631/765-6145 _ 1 1 ' i #0002308480 I 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 02/07/2019 Principal Clerk G�Sworn to before me this day of c CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No.01V06105050 Qualified in Suffolk County My Commission EapIfoo robrdary 28,2020 * I TYPESET: Wed Jan 30 16:21.06 EST 2019 LEGAL NOTICE NOTICE OF PUBLIC HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE AND MAP NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold is con- sidering the Change of Zone application of the Fishers Island Utility Company,Inc,on the property identified as Briar Patch located at the west end of Fishers Island at the comer of Central and Crescent Avenues,Fishers Is- land, New York, SCTM# 1000-6:6-20.8 from R-80(Residential)to HD(Hamlet Den- sity);and be it further NOTICED that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearing on the 26th day of February,2019 at 4:31 P.M.at the Southold Town Hall located at 53095 Main Road, Southold, New York,and directs the Town Clerk to publish notice of such application in the Suffolk Times and the New London Day newspapers not less than ten(10)days nor more than thirty(30)days prior to such hear- mg, on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of the property iden- tified on the Suffolk County Tax Map as Lot #1000-6.-6-20.8 from R-80(Residential)to HD)Hamlet Density) all that certain tract, plot,piece or parcel of land,lying,being and situated at Fishers Island,Town of Southold, County of Suffolk and State of New York and more particularly being bounded and de- scribed as follows: BEGINNING at a merestone set at the inter- section of the Northeasterly line of Central Avenue and the Northwesterly line of Cres- cent Avenue, said merestone being located 1488 17 feet West of a point which is 3538.95 feet North of a monument marking the U.S. Coast and Geodetic Survey Triangulation Sta- tion"PROS"and thence running North 71de- grees 27 minutes 10 seconds West 155.00 feet along said Northeasterly line of Central Ave- nue to a monument,thence North 14 degrees 31 minutes 20 seconds East 324.82 feet to a point,thence North 82 degrees 40 minutes 00 seconds East 166.59 feet to a point in said Northwesterly line of Crescent Avenue; thence South 14 degrees 31 minutes 20 sec- onds West 397 72 feet along said Northwesterly line of Crescent Avenue to the merestone at the point of beginning.Subject property consists of 55,757 square feet=1.28 acres. Any person desiring to be heard on this proposed amendment should appear at the time and place above so specified Dated:January 23,2019 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A.Neville Southold Town Clerk 2308480 Neville, Elizabeth -ry From: Neville, Elizabeth Sent: Wednesday,January 30, 2019 4:08 PM To: 'legals@timesreview.com'; 'lisaahfinn@gmail.com'; denise@southoldlocal.com; 'legal@theday.com'; F.I. Fog Horn (ficommunityboard@gmail.com); 'finyinfo@gmail.com'; Reisenberg, Lloyd Cc: Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon;Jim Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary;Tomaszewski, Michelle;William Ruland; Evans, Louisa; Geb Cook(gcook@fiferry.com); gmurphy@fiferry.com; Michaelis,Jessica; Martin Finnegan Subject: Legal Notice for F.I. Utility Co.,Change of Zone Application Attachments: LEGAL NOTICE.DOCX Importance: High - Please publish in the February 7,2019 edition of the Suffolk Times and the New London Day newspapers and on the - Town Website. Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics „ Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel..631765-1800,Ext.228 Fax 631 765-6145 Cell 631466-6064 ' 1 1 - LEGAL NOTICE NOTICE OF PUBLIC HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE AND MAP NOTICE IS HEREBY GIVEN that the Town Board of the Town of�Southold is considering the Change of Zone application of the Fishers Island Utility Company, Inc. on the property identified as Briar Patch located at the west end of Fishers Island at the corner of Central and" Crescent Avenues, Fishers Island,New York, SCTM# 1000-6.-6-20.8 from R-80 (Residential ) - to HD (Hamlet Density); and be it further NOTICED that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York, the Town Board of the Town of Southold will hold a public hearing on the 26th day of February, 2019 at 4:31 P.M. at'the Southold Town Hall located at 53095 Main Road, Southold,New York, and directs the Town Clerk to publish notice;of such application in the Suffolk Times and the New London Day newspapers not less'than ten (10) days nor more than thirty (3 0) days prior to such hearing, on a proposed Local Law entitled "A Local Law to Amend the Zoning Map of the Town of Southold by,Changing the Zoning Designation of a portion of the property identified on the Suffolk Cunty Tax Map as Lot#1000-6.-6-20.8 from R-80 (Residential)to HD )Hamlet Density) all ' that certain tract,plot,piece or parcel of land, lying, being and situated at Fishers Island, Town of Southold, County of Suffolk and State of New York and more particularly being bounded and described as follows: BEGINNING at a merestone set at the intersection of the Northeasterly line of Central Avenue and the Northwesterly line of Crescent Avenue, said merestone being located 1488.17 feet West of a point which is 3538.95 feet North of a monument marking the U.S. Coast and Geodetic 1 Survey Triangulation Station"PROS"and thence running North 71 degrees 27 minutes 10 seconds West 155.00 feet along said Northeasterly line of Central Avenue to a monument; thence North 14 degrees 31 minutes 20 seconds East 324.82 feet to a point; thence North 82 degrees 40 minutes 00 seconds East 166.59 feet to a point in said Northwesterly line of Crescent Avenue; thence South 14 degrees 31 minutes 20 seconds West 397.72 feet along said Northwesterly line of Crescent Avenue to the merestone at the point of beginning. Subject property consists of 55,757 square feet= 1.28 acres. Any person desiring to be heard on this proposed amendment should appear at the time and place above so specified. Dated: January 23, 2019 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville - Southold Town Clerk Please publish on February 7,2019-and forward one affidavit of publication to Elizabeth A. Neville, Town Clerk, Town Hall, P.O. Box 12179, Southold,N.Y. 11971 Copies to: The Suffolk Times; The New London Day; Town Board; Town Attorney; Town Clerk Bulletin Board; Town Website; Fishers Island Utility Company; Martin D. Finnegan, Esq. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 28th day of Janaury , 2019, 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. FI Utility Company COZ PH 2/26 4:30 pm Elizabeth A. Neville Southold Town Clerk Sworn before me this 28th day of Janua l , 2019. otary Public LYNDA M. RUDDER Notary Public,01 W York RU6020932 Qualified in Suffolk County 1� Commission Expires March 8.2Q,,,,,_ Chapter 55 PUBLIC HEARINGS, NOTICE OF §55-1.Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 by L.L. No.25-1995.Amendments noted where applicable.] §55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-2003] Whenever the Code calls for a public hearing this section shall apply. Upon determining that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows:, A. Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice:-An application or petition, initiated, proposed or requested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town, which shall be prominently displayed on the premises facing each or private street which the property involved in the application or petition- abuts, giving' notice of the application or petition, the naturd of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant, petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. -(2) The applicant or petitioner is repuired to send notice to-the owners of record of every property which abuts and every property which is across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested, posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area.of the ° subject property, nature of relief or approval involved, and date, time and place of hearing. The applicant, petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. ,t 55:1 05-01-2006 §280-156 SOUTHOLD CODE §280-159 m any appropriate action or proceeding, whether by local process or otherwismay be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. ARTICLE XXVIII Amendments [Amended 5-30-1975 by L.L. No.3-19,75; 11-15-1983 by L.L.No. 13-1983;,1-8-1985 by L.L.No. 1-1985; 1-10-1989 by L.L.No. 1-1989; 11-13-1990 by L.L.No.26-1990; 12-27-1995 by L.L. No. 25-1995; 6-3-2003 by L.L.No. 12-2003] §280-157. Procedures. The Town Board, upon its own motion or by petition, may, from time to time, amend, supplement, change, or modify this chapter, including the Zoning Map, by-proceeding in the manner provided in this article. For the purposes of this article, an amendment also,includes, but is not necessarily limited to, a supplement, change, or modification. A. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given pursuant to the provisions of the Town Law. At least 10 days' notice of the time and place of such hearing shall be published in the official.newspaper. B. The Town Board, before publishing notice for a public-hearing, shall, in a written request, instruct the Town Planning Board to prepare an official report regarding the proposed amendment, including the Planning Board recommendations. C. An amendment initiated, proposed or requested by a petitioner, other than the -Town Board or other Town agency, shall also be subject to the -additional procedural. requirements set forth in subsequent sections of this article.. § 280-158. Fees for petitions for proposed amendments. Every petition for an amendment to this chapter or the Zoning Map shall be filed with,the Town Clerk and shall be accompanied by a fee for administrative processing as established by a resolution of the Town Board. The fee for a-petition for a change of zone to the Affordable Housing District is set forth in §280-29A. The petitioner•shall also be responsible for `reasonable and customary professional review fees relating to environmental review of the petition. §280-159. Additional notice requirements relating to - petitions for proposed amendments. A. In the case of a petition requesting an amendment in zoning district classification or the Zoning Map, in addition to the notice required by law, a<written notice containing the following information shall be sent by the petitioner, or his agent, by either certified or registered mail, to every owner of property immediately adjacent thereto. In the event 280:146 05-01 -2006 § 280-159 ZONING b §280-159 that any petitioner owns or has any interest in any property imnd�diately adjacent-to the property proposed to be changed in zoning district classification, then written notice shall also be given to the owners of the property adjacent to such other property of the petitioner. For the purpose of this section, the words "owner" or "property owner" mean the owner as shown on the current Southold Town assessment roll. The notice required by this section shall be mailed by the petitioner, or his/her agent, within five days preceding the filing of the petition in the Town Clerk's office. Proof of mailing of such notice in the form of a statement sworn to by. petitioner or his/her agent shall be filed with the Town Clerk at the time of filing the petition. Such notice shall contain the following information: (1)\ A statement that the petitioner proposes to file a petition with the Southold Town Clerk requesting a change of zone classification. (2) A description of the sireet location and the area of the property which is the subject of such petition. (3) The present zone district classification of the property and the proposed zone district classification. (4) A statement that within five days of the notice the petition requesting such change in zone district classification will be filed in the Southold Town Clerk's office, Main Road, Southold, New York, and may then be examined during regular office hours. (5) A statement that a public hearing with respect to such petition must be held by the Southold Town Board before such change of zone can become effective; that the person to whom the notice is addressed, or his representative, has the right to appear and be heard at such he'aring; and that a notice of such hearing will be published in the official Town newspaper not less than 10 days prior to such public hearing. B. In lieu of complying with the provisions of this section, written verified waivers of notice executed by the persons entitled to receive such notice may be filed with the Town Clerk at the time of filing the petition. C. Failure to comply with the provisions of this section shall not affect the validity of any action with respect to such petition. D. In addition to the above notice requirement, prior to holding a public hearing on the petition, notice shall be provided pursuant to Chapter 55, Notice of Public Hearings. 280:147 P, §23!9�i' CUUNTY.AIIID GI4N FL`s CGUbZi ff-AND'REGIONALPLANNING §2394 RAF AIr'. _ _ N Art-.12-D Art,! 12-'B Library References (c) impact of proposed land uses on-existing and'proposed county American Digest System or state,inst(tutional or;other uses; Zoning and Planning«353. S' (d) protection o£ community character as regards predominant Wi wES1'L:AW Topic No:414. f' ' land,uses, '.population density,,and tile,relation'between residential C-IS.2o$rig a'Ad'L:and Manning§ 10;i'-17g=179;•183. °'• and nonresidential areas; `t{ W1;S'1'I,AWR.search g .• ,, ••. .. , _ . • •;,, ;• :•;. : •�... Iv4aseiaw+database, Vun TO(414) or414k[add key n�nibei'):•to•retrieve.casd (e) drainage; relatgd to Zgrung pnd Planning,; y i (f) community facilities;. ; (g) official-municipal and,ddunty development policies, as may be [§§.,23, ,,9-j, 239-k;,, Repealed- L.1998, ed',,45:1,'.§ 2, eflr. July, 1; expressed through comprehensiveplans, capital peogramg or regula- = ' q tory measures; and � I Historical.and Statu"tory Notes (h),such other matters as may relate tP the public convenience, to ,;• governmental efficiency, and to the achieving and maintaining of a r' Section 23,97i, r hat` a a ung t9, ,rruits for SgCtiRz�;Z39;k, relating to iegitations satisfactory community enviro=ent. buildings iri'rights-of vlray or- sites lire= for contW of development,was dddedBy ;.- �erved by the;gqifirial map, was a�lded,.by_, L,1Q58,.c. 740;;,§ i ;and,.arnended by 3. Review con'sideratioi1g."!hi iio wa `shall the revie* of inter- � L.1958,„c-� 74b,`'.§ 1- inter- And amended'liy 'L:191i8;c. 961;.§ •1 and L1'98o, c.'371, community and county-wide-considerations pursuant to the provi- L;1968,•C?3961;'§'i1. See; riov General §.1: See;`•nciw, Geit'erxl Municipal Law sions of Ns Section, or pursuant;to,sec#pps;iwO,,hundred',tklirty-rune- n. Municipal Law§'239 ,; -,; • <' ,r•r§'239-fti s, m and two hundred thirty-nine-n-of-this-article, preclude a county ±�,; ' 2394. Coordili4ion off'c6rtatn-'riiunicip'al'zoning'and planning planning agency or a regional planning council from making infor- f` actiotas; legi'slativ6, tetit'iiha`pol'iey '', mal continents, or supplying,such••technical assistance as may be 1. Definitions. -For the ppFpgses`of::Ajs�Sectiori ana sections two requested,by a municipality. hundred thirty-nine.m and''two"I�t i�dred•thirty-nine-n-.`of this article, (Added-L.1997,c.'459,§ 1,eff.July 1,,1998.) -tie,folWiterms snla l•apply= si; a)`"Coo iii:,planning agency'° means it c6 nty' planning`'lyoa7d,' Historical and Statutory Notes t:' cdfl`fiiiis§iorY'or btlier a eney atithoriidd,by' fie county L.1997,c.459•le latioil g logis�aii'vc libdj3 gis Dertvattou• ; General Municipal Law§ 239-1. .Add- ! ' to review proposed actions referenced;for,,irtter,cpm auxaity or,coon; L.1997,c.459,§ 4 provides: ed L.1960, . c, 1041, '§ 1; amended ! ty-wide'c'onsiderations subject to the provisions of this stiction, and "This act shall take effect on the same L.1961, c. 835, §'1; L.1968, c. 962. sections two hundredtiur '#ine-rn and two bgndred thirty-nine-r1 of date as a chapter of i)ie'hews of.,1997 Former Sections.' this-article. lL A997•,p.4�1,eff.rely:i,Ion ainend, ci al law rela6 to•fn t& .neral muni 'A,former'§•239-1,relating to legislative ,,,(b)•'',Itagio]nal l,planning ,rcgioiial Policy and intent as tcoordination of platxning council” means a regional certain zoning aid"planning or agen'ey'bstablislied• pursuant to the provisions of'this'chbeard county planning boards and apter. plahning couricils said to repeal'ceftain acti6ns, was 4dded by L.1960, c, 1041; ' • provisions of sucb,law relating to metro,,..,%g 1),amended"by L-1961, c. 835, § 1 and 2. Intent. The purposes of this section; sections.,two hundred Politan, regional„and,,cpunty planning i.:L„1968,••c: 962, § 1 and repealed by thirty-tine-:m and tv5o'hundred'thirty-nixie-n,of'this•3a'rticle•shall-be-to boards• and to amend the general city 4.19g7, c. 459, § 1-,•eff, July 1, 1998. bKhg,'liertinerIt }rater-ponftiinity and County=wide p'lann, zonid#;' law, the town law and the village-law See,now,this section. site p1ar�"and spbdiv41'6n considerations to'al attention;b f neighbor; relating to the recording of sµbdivision Another former § 239-1, relating to in- in' mumccl alities, and 'a encies harrin urisdiction. •-:Such review Plats, as proposed in Legislative Bill tergovernmental relations councils, was mg ixicltxde'.inter-communi and Ooun mUmbers S. •780-A,-A:,1478 A, takes• renumbered General Municipal Law § 239-n by L.196I,c.728,§ •1. ay inter-community county-tilride considerations,in effect." , , " ..respect-to Ilid following (a) compatibility„of various land uses with one another; Legislative Histories (b) traffic generating charactellptics Of various land uses„in'rela-, L.1997, c. 459:.Por Legislative, Exec ve or Judicial memorandum relating to j •ti6xx to;the',effect' Of sitcji traffic,On Other.”land Uses d 'to the . this law, see the 'Table of Contents in McKinney's 1997 Session Laws of ade uac of existiii arrd'•ro osed ll orou New Mork. , q Y g P P ghfare facilities; 117 . 116 .AND REGIONAL PLANNING r: §239-111 j' § 239-1 COUNTY AND REGIONAL PI.AkNI- NCt i .,The term "referring body„ sha11•:mea i,,the city, town or village ,,responsible,fqr, nal`action' ' on proposed actions subject to .this American LaO�Reports don Standing of municipal corporation or other governmental'body to attack zoning of I�1 „ land lying outside its borders.49 ALR3d 1126. a411��+ The term "full statement of such proposed action shall,mean Validity and construction of zoning ordinance requiring developer to` devote specified by and submitted to the referring.body as,an 'specified part of development to 'low and moderate income hbixsi4 62 #pp]icatiori_on a proposed action, including a completed environmen- ALIt3d 880. - taLassessment form and all other materials required by such refor- s Validity of zoning ordinance deferring residential development untirestablishment n body tri order to,make its determination of significance pursuant of public services in area 63 ALR3d 1184. � ' t x the state•.environmental quality review, act under article eight of t�P e" vironmental conservation law and its implementing regula- Library )references 4 tions. When the proposed action referred is the adoption or amend-' Amerlgt Digest System, went'of a zoning brdinarlce or local law,• "full statement-of such Zoning and Planning 0353. proposed action" shall also include the complete'text of,the proposed Encyclopedias ordinance or local law as well as all existing provisions to be affected C.J.S.Zoning and Land°Ploning§§ 10; 17&, 179,183. ^t thereby,if any, if not already in the possession"of the county planning 'texts and IWtlies agency or regional planning council. Notwithstanding the fbregoing 1211Y Jur 2d,Buildings,Zonitrg,and Land§ 54, 111.' � �' ' - Anderson, New York Zoning;Ifaw and Practice (3d Ed), Ch. 11-16, Zoning for 1? opisitZTls of this paragraph, any referring body may agree with,the Particular Uses, county planning agency.or,regional planning council as;to what shall iv9STLAW Research 'i' copstitute a "fitll statement" for itay•or all of those proposed actions In ii caselaw'database, ftin T6(4 145,or 410[idd key humber] to'retrieve cases which said referring body is'authc� zed to act upon. : related to Zoning•and Planning. _ (d) The term "receipt" Shall mean•delivery of•a full statement of Notts:of Decisions _ such proposed'action, as defined in this,tseetion, iii accordance with the rules and regulations'off the county planning agency or regional. Due process 1 within one mile ce sCi-airport of .not de• planning council"with respect to'persori, place and'period of time`for Review Considerations,generally 2- v.Mo of due process. , 81 M Rochester submission. In no event sWl such rule or re ation-define delivery ' v.Monroe County, 1974, 81 Misc.2d 462, - gill�`� It 364 N.Y.S.2d 678, sa-as to require, in hand .delivery ,or:delivery:more than 'twelve 1. Due process' 2. Review considerations,generally calendar days prior ;tb the:;cowl planning agency's,•or regional Where county charter provided for ap- There was no want o'P pr'op0x standards. planhing council's meeting dape.;,In the absence of any such rules or peal to county pl'anning-board from'deci or criteria set up by this section for deci- regulations, receipt,, shall mean";tjelivery-in.hand' dr by, znail'to the srorYs by planning director relating,'t4 sions by,Monroe,County Planning Coun• clerk Of the'c linty^'planniiXg"agency or regional pi ing council. land use within dn. mile st airport, city. , cil; J McEvax,l�dd'gg,West Ridge, Inc.v, Where delivery is made in hand-'the date of recei t shall be the date whose application,to construct replace; �omng 13 ,of Ag eats of Town of Gteoce, p mdnt, swimming pool in park, located 1972;'69 1Vlisc.2'd'S5, 329 IZ.Y:S:2d 171, of dolivery:• /here dolivery is made'by mail, the date as-postmarked shall be the date of delivery:- The pi-ovisidhs of this section shall not- § 239-'in. 'Referral bf 'certain proposed city, town 'and village preclude the rules and.regulatzioxls.of the:county planning agency'or planning'and,zoning actions to the coanty planning regional planning council-from providing that the delivery niay be a agency or—regional plAhoing council; 'report thereon; period greater than twelve days provided the referring.body and the final action ', -,county planning agency or regional planning'council agree in writing !; 1. Definitions. As used herein: to such longer'peri,od. 2. Referral o£ ,(a) The term "proposed",:as•used in subparagraphs (fi) and (iii) of proposed planning and,zoning actions. In any city, `S paragraph(b) of subdivision three of this section-shall be deemed to town or-village which•is located in a- county inrhich.ha& a• county include-only those recreation areas, parkways, thruways, express- Planning agency,, or, in the-absence of-a county planning agency,. I ; ways, roads or highways which are shown-on a county comprehen, Which is located.within the jurisdiction of a'regional planning council sive, pian adopted pursuant to seetiolt,two hundred t4irty,-nine-d'of duly created pursuant to the provisions of.law, each referring body this article or:.adopted on an ofiicial map ptirsuant to section two ';; hundred thirty of this article. §•239..4i CGUNTY 'AMID REGICOATAL'PLA11NI111p'• G4U AAID,�' RE-GIONALAPLAl�11�IING _ §239-m Art.- 12-g , 11r� Al shall,, before taking final action on proposed actiow included- in 4• -County planning agency or r'egiorial-planning-council review of subdivisidn three of this section, refer the same to such county p osed actions; ,recommenda ' n, report. (a) The county plan. planning agency or regignal plafAning council. �ng•agency or regional_planningouncil shalt-review'any proposed 3. Proposed actions subject to referral.' (a) The following pro.. action,referred'for inter-community`'or county-Ade considerations, posed actions.shall be,subject to the referral,requirements of this includizig•but not•limited to'those considerations'identified in:section. section, if-they apply to'real•p'roperty set'forth in paragraph(1?)of this tNro.hundred thirty-nine-1 of this article: Such county planning ' subdivision: agency or regional planning council shall recommend .•approval, "(i) adoption or amendment'bf a comprehensive plan pursuant to modification, Qr,disapprova , of the proposed action, or report that secti6ti•two hundred seventy-two-a of the town law, 'section`T-722 of the•proposed action has no significant county id or inter-commu- the•village law or 'section twenty-eight-a. of the general city •law; Wily impact: ; adoption or,amendment of a.zoning ordinance or local l;aw; (�) Such county'planning agency 9t regionalplanning council, or (iii).•issuance of speci af'use permits; an authorized agent of,solid agency or council, shah 4ave thirty`days (iv) .approval of site;plans; after: receipt of.a•full, statement. of such proposed action, .or such 'longer period a§may,have been agreed upon by-thecounty planning (q) granting of psc or area•yariances; -agency or regional planning council and the refertirig body,'to report` (vi)•other authorizations which,a refer•ring•'•body may-issue uAdet its recommendations•to the referriarg body, accompanied by a state- the provisions-of any,zoning ordinance or local law, went of the reasons for•'suCH`'recommendations. If such county (b} The proposed actions set forth in paragraph(a) of this subdWi- planning,ageriby,or,:regional planning'council-sails to'�report'within sion shall be subject to the referral requirements of is section if such'period, the•reierring libdymay take final action air the=proposed t they apply to.real property within five•huirdred feet of the following; action without such.report; ,.However, any, planning agency i or regional plannimg council report received-after~thirty days or such (i) the boundary of ariy city, village or town; or It. longer period as may have',-been agreed'upon, but two or'more days (ii) the boundary of any exist}ng or proposed coufity,or state-park' prior to final action 'by, the referring body, shall be subject to the or an other recreation area , 1 I . ' Y a r ! provisions of subdivision five of this section.'' • (iii) the right-of-,way of any existing or prcounty y or state ! I Extraordinary 'vote upon recommendation.of modification or i' parkway, thm.way;••expressway, road-.or'I�ighway; or t disapproval., If such county planning agency or re- ional )annin •, " ,• - Pp , . ., t3• p g g Y , g - P g • T, (iv) the existing,or proposed right-of*ay of any stream.'or drain- council°xeGoir�a.ehds ).nocWatioa br disa rov l�of a ro osed'acs a e chahnel`Q 'ned b the coun " or for"which;the coun has ` `' ' " p` 1? P g Y t3' tion,6l referring.body shall•.not act contrary, such•recoramenda-- •j established channel lines; or t tion except by'a' vote of,a'majority plus ozre. of all the rnember's j (v)•the_existing,-or proposed boundary of arry,coupty,or'state,owned therq,4f:, f land on,which a public buiidrrig or institution is situated; or • 6,` 1Zepor 'o€'final action.'' 'Within thtirry days aftei final acl,ion;'the (vi) the boundary.of'a farm operation located in'an agricultural referring body shalffile a•repprt of the:4Kx;�•action it has taken with district,,as defined by -article-twenty-five-AA of the.,agrieulture and the county.planning-agency or-regional 'planning council. •A refef•- markets law,:except this subparagraph shall not apply,to-the granting 'I ring-,body Which acts-contrary to a recommendation of modification I;;••iN, of area varianceso'r'di i"'val,.of.a�l' ' ' se""ae,'fion''shl,ll set ro,'rtfr the,reasons fo'r the ' (c)=The county planning agency or regional p'lan'ning council may Contrary action in such report, '• ;;''� enter ;into an agreement,,with the referring body+ or'other duly (Added L.1993, c. 544,§ 1; amended L.1;994,.c. 486,§§ 3,4; L.1995, c. 418, authorized body .of a ci• town'or-village to provide that certain , city, g p _ § 1l; L.1,996, c,.,235, § 20; L.1997,,c. 451, § 3; @ff.7ttly 1,.1998; 1..1997, c. 4, proposed actions set fortli in.this subdivision are of local,xathei than 459;•§ 2, ef£;7uly i-, 199$.) inter community or county-wide concern, •and are -not subject to • 1 referral und6r this-section. "; l•iq'z 120. 121 t A 4' i §239-m , COUNTY AND, REGIONAL-.PLANNI114' " j11tZ ..,AND--REGIONAL PLA KING • §239--m Art: 12-1; Note I 'Historical and,Statutory•Notes Iba;, . • Library ReferencesL,1997,c.459 legislation L.I969, c. 835; § 2;'L.1967, c."296, § 1 �rinDigesE System 1,1997,c,459 § 4 provides: L.1968,c.962 § 1; 1.1969,c, 1068, %u=" and Plannin c7353. P § 1; bt}ing PlanningO:-353. "This act shall take effect on the same 1.198}, c. 324, § 1; L.I984', c. 814, § 1; A44d*edias date' as a chapter of the lays of,1997 L,1991, c.413,§ 57 L.1992, c.534, §7; ECJS:Zoning and Laitd Planning§§ 10, 178, 179, 183. [L. c,451,eff.July 1, 19981,amend- and repealed;L.1991,c,544,;§•1. ! ing the gep eral municipal law relating to d Treatises county planning boards and 'regional Former Sections e ,1j NY Jur 2d,Buildings,Zoning,and Land§§-48,54, 111, 117,,125,323,327.- planning councils.and to repeal 'Certain :9 ' A former§ 239-in, re uirin notice of 43 NYJur 2d,Declaratory Judgments and Agreed Case§ 55. , ; - pzbvisions.of such law relating,to metro- „certain osed niunic g ppolitan, regional and',county planning prof p'ai zoning ac. IX6TLAW Research boards and''•to amend the general city• tions So,be s0mitted:to:plammg age,,. ' law, the town law and the village law cies, was added by L.1960, c,1041, §1 • �,f Ih•a'easeiaw database, run Tiu,or 414kEadd key number] to retrieve cases .{,,,••_ •, (elated to Zoning and Plan4nittg. relating to the recording of subdivision amended by L.1969, c. 835,'§ 2",L.1967, ;,• plsts , proposed in I:egislaiiye, Bill p-296,§:1,; ,L,1968,,9.. 962,,§ 1; L.1969, ± ' num�i s-S, 780-A - A. 1478-A, ,takes c•,1068,§'1; L.1983,,c.324,§ 1. 1.1984, r Ngte5 0£Decisions c.814,§'1;-L:1991,c.413;§ 51;L.1992, Albitraty•sitd capricious determinations, ,this section may be superseded by subse- Derlvati'ori -' c. 53'4, § 7 and repealed by.L,1993, 0. ..iaoihmcndatlons 13' quent charter amendment aad such •General Municipal•` Law § 2j9-m. 544,§ 1. See,now,this seduon. 6nstruction with otltet•Iaws 1 amendment authorized Suffolk County Added L.1960,,-,c. 1041, §. 1; amended D1sapprdval or modification, recommen- planning•commission to disapprove end dations 12 in„effect veto change. Town of.Smith- I,eglslative Histories Highways 7 town:v.Rowell, 1972,31 N.Y.2d 365,339 . Modification of,application, .recommen• N•Y•S.2d 949,292 N,E.2d 10. L.199,7,•c, 451: For Legislative, Executive-or J}dicial memos-pdum relating to dations 12 Section of the Westchester County Ad- this.law, see the Table of Contents in Mckinney's 1997 Session Laws of Necessltyof referral,,generally 2. ministi•ative Code providing that town 146v'York. ' '' - ' Overriding of reeommendatioh ,16,17 board may act contrary,to recommenda- L•1997; c.•459.-,`Fdr,Legislative, Executive br•`Judicial•memorandum relating to In general 16 'tion of county planning board by simple Reasons, 1,7 this, law, see the Table of Contents in McKinney's• 1997 Session,Laws of majority vote as long as the action is New York. Parks orrecreation ateas 6 Presumption of approyal,.recommeiida-' accompanied, by a resolution ,of the trona Al board,which was a special statute enact- ` ed subsequent,-to this section requiring West's MclOnney's Forms Reasons, overriding of regommendation vote of ma'ori lus one in order for w 1Y J ty P The following forms appear in Local Government Laws under General 1Vturiicipal Recommendations 1013,, town board to act contrary fo recommen- Law§,2j9 tni "_ In general• 10' ' ' daiions of counYy'phmning board, was Arbitrary and`cbprlcious,detertalha- controlling quer this section. 208 East '' 30t1i Street Corp.v:Town of•North Salem 0' der'to show cause for preliminary injiutetion and temporary restraining order tlons 13 (2' Dept. 1982) -88 A:D.2d 281,' 452 in action to declare'zotiing ordinance'amendment'invalid where County Dtsapproval'op modification '12- ' Presumption of approval i 1 N.Y.S,2d 902., planning board faile.d''fo'approve proposal; see LG,.GEI�Ir M,UN'.§•239-m; P P�? '• • Force 1. Referxal necesslty 2` Westchester County Administrativ'e Affidavit in'support of motion for preliminary injunction and temporary restrain• -Report-by planning agency. 14, 15 ' Cgde,1:1948, c, 852,§ 4�1 dealing with i ing-order in action to declare zoning ordinance amendment invalid where In general 14• zoning amendments is a special law not j coup 1 nin board fa"1 d,*to'a rove.; ro osal,,see LQ,,RaE MUN , Timeof report- 15 i affectdd by subsequent amendments to § 239-m,•F6rm 2. e . PP P �', „ Review 18 this section dealing with zoning,aimend- ! Complaint in action ' declare zoifulg ordinance amendment-invalid"ere county Roads and highways 7• menta. Bloom v. Town Bd. of Town of planning board failed to approve proposal,.'see LG,GEN•lylUN.§"239-m, Site planapproiial. 4•, 'Yorktown(2 Dept. 1981) 80 A:11,2d,11 Form j, Statement•of.proposed action 8 • 436 N.Y.S.2d 355. „ Time-of referral' 9 ,Westchester County -Administrative Jud gment•declaring zoning ordinance amendment invalid-w, county planning Time of`re ort report.b .planning. 0n- board failed fo approve'pioposal, 'see LG, GEN'&UN`§'239-m, Form 4. 15 P1 • Y P B g , Code,L.1948, c, 852„ § 451 dealing with Use or area variances 5 amendments to zoning plan and this sec- Use of General,Municipal Law dealing America$'Law Reporty i ng regulatibns ,.3 with•'amendments• and the role of -the county planntrig board are in conflict and ! ! Zoning: construction and effect of`statute'requiring that zoning-application be • the Administrative.Code;as a special law; treated as approved,if not acted on within speciffed-period•-of time. 66 1. Construction with otfter laws,. .' ,, is, controlling. Bloom v; Towit Bd. of ALR4th 1012. Procedure for•county commissiomre�.• Town..of Yorktown;�2 Dept.' 198-1-)'80 view of towns zoning changes•set•forth in A.D.2d 823,436 N.Y.S.2d'355. , 122 ,123 V , 239—m COUNTY AND'R)!~GIONAL PLANNMJI #0WV AND REGIONAL.PLANNING §239--m Note t ' Art.•12• .12—B . Note 5 Compliance with this section-relating Severability clause found in law effe ggat Leisure Time Sales,Inc,v.Wiring, change' woti�d -afflict- property Iocated to the submission of notice to'a un in chane in town'zonin re 91 Misc.2d 633 398 N.Y.S.2d 493. ithin 500 feet of state road. Donovan v. °purity, g g g gulatic 19x7, cs�" mbtropolitan or regional planning.*ency did not provide basis'for invaliddttng 01 isjative mandate imposed'.on, mu- town Bd.of Town of Oyster Bay(2'DEpt. • ' ' of certain proposed municipal zoning ac- portions of law for.,-noncompliance w �d('al,bodics that they,before taking fi- 1988) 137 A,D.2d 652,524 N.Y.S.2d 744, 4.; tions supersedes county,charter provi- statutory'requirement that it be refers action on zpning regulations, refer appeal denied 72 N.Y,2d 804, 532 Bions. Town of Smithtown v.'Hewell (2 to, county planning.commission for ; safe to county planning agency, is a N.Y.S.2d,369,528'N.E"2d S21. Dept. 1972)38 A,D.2d 857, 330'N.Y.S.2d, view,given fact that entire law was ena .Wto,ition precedent to "final action" by' Moratorium on issuance of•building I64, affirmed 31 N,Y.2d 345, 339 ed without jurisdiction."' Burchetta N,Y.S.Zd 949,29ZiN.E.2d 10. mu%r0cl'-m i zoning proposal follow- permits or constr• ction approvals for Town i3d, bf Town of Carmel (2 De' �i�irvliich municipality may, if planning one-year period was form of zoning, and jSpecific• provision * of 'Westchester' 1990) 1'67 A.D.2d 339,561 N.Y.S.2d R agency fails tq act within app)icable time thus zoning procedures were required to County Administrative Code requiring an' Annulment of decision of town zonl pe"rind or approves proposal, adopt pro- be,foItowed prior to:its enactment, B & overriding of county planninglboard in a board of appeals.'was not required t posz)1 by bare majority vote, or i£ pion- L Development Corp., of Gxeen- zoning matter by a mere adoption of "a cause of failure df•board ta•obtain preli, alas'agency.disapproves proposal,'adopt ,field, 1990, 146 Misc.2d 638, 551 resolution of such (municipal) agency, nary recommendation from county pia p4osal by vdte of majority plus one. N.Y.S.2d 734._ whiblt action shall be subject to judicial h2 nng board, since determinations relat Scus vTown o .'Town Bd•.'bf, f Clifton Town sign ordinance was improperly review" is inconsistent with and, hence, solely to a s ecific violation claimed Park,Saratoga County, 1975, 83 Mise.2d adopted since proposed law'was not';re- takes precedence over more,general pro- have been ta1g pace and 726;'372 N.Y.S.2d 952. . , vision of this section requiring an over- Oere was i viewed by county' planning coi tri ssion riding of board'by "the adoption of a showing that 'location eF ;ttte proper Tpe provisions of this'section,requiring as required by this' section'relat4r� to made that requirement , applicabi a town board of zoning appeals to refer review of municipal zoning regulations. resolution fully setting,forth other reason for such contrary action." Bloom v Frampton y, Zoning;$d, of Appeals f'' an,application for a variance affecting Friendly Hillside Motel, Inc. v. Town of Town 13d. of To Town of Lloyd, Ulster County (3 De real property located within 540 feet'of Brunswick, 1973, 74 IVIisc.2d I001', 347 yvn of Yorktown, '1980, 1985) 114 A.D.2d 670,494 N,Y.S 2d 47 cettain,boundarieg to'the'county planning N.Y.S.2d 112. 102 Misc,2d 938,'424 N.Y.$.2d 983,iniad-. agency;are mandatory and failure to do ified on other grounds 80 A.D.2d 823, ''In•property"owner-.petition challen This section applies to original zoning 436 N.Y.S.2d 355. ig validity of zoning,board of appeal s0 is jurisdictional, .and This action by ordinances•as well as;,to amendments such boaril.without such r`eierraI is•ruga thereto: 1970,Op,Atty.G'en.(Th£)50. This section supersedes'Administrative amendment'arid''ienetval of special w t�iy, even though the vote thereori.'is- Code of the County of Westchester§ 45I Permit to mind'gravel'aad soil,-prb�er unanimous. 1967,, Op.Atty.Gen. '(Tint) 'Notice`of all"proposed zoning ohange's regarding the number"of.votes•required owners failed to establish which site c 127 in matter's•enumerated' in this sdetioii b a local lannin board to overrule a , object Was within 500 feet from,subje must be iveri la-existin coup ' y P g' Under this sectien'arr amendment'to a g g Ty' mettq' dins pproyal or,recommendation 'of the amen sq ri td require'thai appIicdtiori 6 •i politari or regional- planning'agencies. amendment an r6ftewaI of ekmir t zoning ordinance, providing that the Westchester County Planning Board on p, 1965,OpAtty.Gen:(In£)121. given to county planning departme'D right to establish'a gasoline station must matters pettaining'to•zotiing referied to bp.conditioned on the issuance of'a'spe- ' ' it, 1973,Op.Atty.Gen.(Itif:)Dec. 14. Clark-tir.'''Sheridan (2 Dept..1.984) S 4. Site plan approval "• A.6.2d 211 472 N.Y.S.2d 4I0; � i - cia]permit.of the common council of the An ordinance of a city'mayy not super- I city�oi:Utica,does not dispense with the "'It was'-i4diimbant upon town'planning sede,• this section, 1970, Op.At Gefi. Evidence did not•permif'a f n ng'as I re u ement;thai such proposed permit board to z'efer;site plan to county plan- (Inf.)123. ty 4 P P P P tY P ` wltcther_tourn referred'zoning ordinanc` I shall fust be referred to the county,plaii- nng'caminisslon before it took final ac- to county planning commission in acro. if to with 1969 amendment of thls,section in the, dance w th this,section.governiirg notic' i b-I cgated �withi n500 if etsof. certain that mandate.rwhich wasejurisdicpPonal n interest of uniformity and coordination of' requirements beetvfeen'town'and count, 'boundaries. • 1967, Op.Atty•.Gen.•-(Inf.) nature, resulted in the approval being of zoning and planning actions•among the Town of.Lima v. Robert Sldcurrt,Enter municipalities of the"State supersedes a 119.• no effect. Old Dock Associates v. Sulli- prises,Inc,(4 Dept.I972)38 A D,2d.54: van'(2 Dept. L989) 150 A.D.2d 695, 541 special act of the Legislature relating tp 331 N� Y.S.2d 51'. 3; Zoning regulations ,., N.Y-S.2d 569. zoning changes in Nassau Cotiin. 24 Y { Op.State Compt 884, 1968. Failure to comply with re€erral require Town's passage of local Iaw•prohibiting When city,-town ,•acid village plariiling mems' of statute .governing propose operation, of commercial incinerator boards are •etnpowei'ed',Ao review site 2'. ,'NecessityQf referral,generally planning and zoning actions.is jurisdic within town was valid exercise-of'ifs pd- plans, stich°slte plans are not:reviewable Tn property owners proceeding to''chal- tional defect which renders any such en lice power and was not required to com- by cotmty'plarmng agent;les under this lenge town's rezoning of adjoining prop'- actment invalid. Caruso-,v.Town of Oys ply.with„General-Municipal Law.provi- section, even'though'such site•plans are r' erty;record did not Suppgrt,owners' con- ter Bay, 1997, 172 'Mise,2d.93, 65-' Sion requiring certain zoning laws to be located within the distance provided by tentions that town board failed to take the ' N.x;S.2d 809, affirmed as modified 67, referred to county planning commission such section: . 197.7, Op.Atty.Gen.•(lint.) requisite "hard look” at potential cavi- N.Y.S.2d 418. for review Pete Drown Inc, V.Town,l3d. 200. r ronmentat'impacts-of the rezoning and Legislative mandate impAsed upon mu of,Tgwn of Ellenburg (3;•Dept 1Q92) 188 that town.'board failed to follow certain nicipal bodies to refer spe8ifierl zdiiinl A;D.2d 850,59 50,591 N.y.S.2d 584. 5. Use or,area varlancea, t statutory procedures•,]ri enacting perti- matters to county planning agency prior County planning commission's recom- Monroe County Planning Council prop- i neat amendment tb zoning code and local to taking final action on such'matters h mendation and findings were ,properly erly took jurisdiction,•of,�application for law. .Duke & Benedict, Inc. v. Town of jurisdicti6nal; referral to•planri]rig agen rendered and taken•under advisement.by approval of business signs',whether appli- Southeast(2 Dept. 1998)_A.D,2d_ cy is.condition precedent to,final actior town, board- !n, determining application cation was one for special permit or for 678 N.Y.S.2d 343, by municipality.on zoning matters speci for change of zone,where•prop`osed.zone variance. McEvoy Dodge West Ridge, 124 425 §239_ it COMM AND REGIONAL'PLANNIN(Q Y" r=i�X AND• REGIQNAL PLANNING §_239,=x11 Note45 Art. Mia ' l —B Note 13 Inc.v, Zoning Bd.of Appeals of Town of 8. Stateinent of proposed action' 119.gizeceminendations—ln general- • .• Municipal Law constituted disapproval of Greece, •1972, 69 Misc.2d 55, 329 Referrals to conn board and to coon. Nforuoe Couixty'Planning' Council is applicatio>si`. Aloya v.Planning Bd.of the- N.Y.S.2d 171: ,� . �' Town of.Stony Point(2'Dept, 1996) 2�0 A town zoning board of appeals shall ty Planning board'of proposed amend. . Iy;advisory board, though law in eft g pp meets to town zoni' �t.f oordinate and improve county- A.D.2d 790,b46 N.Y.S.2d 375. fig ordinance;indicat- defer taking final action on an area vagi- ing that town intended to,repeal those t6&planning has c)ianged^common-law Where'it had been resolved by village �. once until after*referral to a county, met provisions which authorize mining as votfog,,;i le in order to make it, more that land"hereby is rezoned", character- ropolitan or regional planning agency, permitted use throughout town and to cult f6r municipality,to disregard ren- ization by village of its resolution as one i 1978,Op.Atty.Gen:.(In£)•Jan. 19. enact new provision which authorized of ?endatior}s of planning- council. made prior to taking final action was A county planning board may review reining as specially permitted use only in (�IG,�,xoy,.Dodge West Ridge, Inc.rv.'Zonr erroneous, and hence County Planniirg arf application for a'variance requested those'areas where it was currently con. !*Ad, of,Appeals of Town of Greece, Commission'properly deemed resolution pursuant to Town Law§ 280-a. 24,Op. ducted,' adequ4tely informed'boards of 1g72t 69;Misc.24•55, 329 N.Y.S.2d 171. - to be one filed under Nassau bounty .State Compt.664,•1968. contemplated action to permit their re• ? _ charter,and disapproval having been'reg- view and recommendation and to satisfy 1.1r Presumption of,approve[;Yec- istered by vote in excess of required two- 6. Parks or recreation areas statutory referrril requirements;though as ommendations•, thirds, subsequent supplemental hearing In va'.of`fact that section of.General _result of town's decision to enact only the Absent valid disapproval by county when Commission decided to adhere nt- Munici al Law, rovidin that certain• repealer provisions', minim was conduct• plarmiug commission within specified determination waseffective- in-di i oners voted or ro bsed zonin actions be submitted to 'ed as nonconforming rather than as s e time, limit, town zoning change'wag mg 0 y three commissioners voted For p P g g P • such subsequent•resolution of adherence, ' coup metro olitah or re iorial agency cially permitted' use at existing minim deertled approved.- 'down of Smithtown ty� P g g Y � g g v;•Howell, .19'2,,31 N:Y.2d •365, 339 ' ,I'ncb6orated Village of Farmingdale•V. prior'to taking final action'dfd Trot define sites; difference between amendments as In Inglis. 2'De t. N;Y. .2d 949,292 KE.0 10. gI ( p 1962) 17 A.D.2d 655,230 state park or other recreation area"and •proposed and as enacted related only to N.Y.S.2d 863. was,prilbiguous as to whether it encom- legal status of use of currently operating 12i,; Disapproval or rriodifleatipp, Action of town's principal planner in passed state-owned land within a forest minifig sites and was of little relevance,t° recommendations disapproving the rezo�ring of tract was preserve)ambiguity would be resolved In county board or to town planning board. not uivalent to the, planning ' board's favor'of property owner and- therefore Gematt Asphalt Products,Inc,v.Town of County' planning' commissioii disap- eq P g location of land•in State forest preserve Sardinia,• 1996, 87 N.Y,2d' 668, 642 pFoval,of town zoning-change was inef; disapproval bf application which would fiia;n-t trigger application of the statute N.Y.S,2&164,664 N.E.2il 1226. fective for lack of two-thirds majority-of require a town board vote of a majority. to proceeding seeking,authorizaiion to entire commission:where' commission. Plus one to override,since power to pass construct.telgvision.transmission tower in` Applicable statutes contemplate that w.4:to;be composed 'of 15 members,' on zoning applications was vested solely a residence;agriculture zone. Frienfis of county or regional board review and' there,were two vacancies, and eight of in board which rriust act-as a board. Woodstock, Inc.,v. .Town•of,W_dodstock make recommendations on!91te plan ap. nine members present-at meeting voted; Weinberg v. Town of C.S.2d 332, 1973, PIanning Bd: (3 Dept.,1989) 152 A.D.2d Plication in substantially the,same form ten,votes were necessaty to two-thirds 78 Misc.2d 464,357 N.Y.S.2d 332. 876,543 N.Y.S.2d 1007, and. content which.-is before municipal 'gtajokity. Town,'of Smithtown v. Howell, Business owner who had been afforded A,county'planning board,is required to agency for-final,action, and$>,tis, though 19,7,201 NX.2d 365, 339 NY.S.2d 949, proper hearing with due notice and op- review zoning planning board -which affect municipal agency should not be obligated 292•N:E.2d•10- pottunity to present'all of hiss evidence to land within 500 fee;oft state,owned fano to`make multiple references on epplica• panning board acted'rationall , g P •� tion:each tirrre a revision is made, county 'TAS 1 � y local zoning board- respect to its within the•CatskiU',Paik. .;23 0p.State riot on•b'asis of;coirjectuXe,'whenit denied application for approval of business signs Cgmpt,558, 1967. or regional board sh6uld have opporiW.- applicatidn for�specif`ic permitteo op6rate was•A'St deprived of any-of his•constitu- ty to,review and make recommendations + tional procedural safeguards.b this sec- new, on owners propei`ty;right-of- P » Y .on new,and revised plans which are sub;, wa ro -reds as access frorri•'kennel'to tion creating Monroe CountyPlanning i 7.' Roads'and Highways, Y P p stantially different.from the original pro: county,'road'did,n6t'ineetapplicable•siglit Council-whose' adverse decision was If property for'which'•'special permit poral. Ferrar•I v. 'own of P6nfield Plaa- distance requii'6'rtrents• for intersecting binding in absence of affirmative vote of was sought was situated within 500'feet ning Bd. (4 Dept. 1992) 181 A.D:2d 149, road, justif,*dng•no additional.usage-of, inajgrity plus one of,zoning bnar&'mem- ofsstate highway,•zoning bp'ard of appeals 58�,N.Y.S.2d 925. bers;' McEvoy Dodge;-West W - � right-of--way until speed limit was 104- y, g�• est Ridge, Inc.v. should refer application,.to regional plan- ered ori county road. Beck V.Gravelding Zoning Bd..of Appeals of Town of Greece, ning'Iioard for.Its report and secommen- 9. Time of referral (4'Dept.'•1998)• •247 A:D:2d ''$31',�669 19'12,.69••Misc.2d-55,329 N Y.S.2d_•1.71. dations. • Asma v. Gurcione (4 Dept. 11.Y.S.2d 108,leave to a- nal deztied. 1969) 31 A.D.2d:983, 298 �T.Y.S.2d 286. Failure to refer application for Special• PP 13. -.-'Arbitrary and.eapricious deter- permit to erect- garden-type•apartment Application%for'.final.subdivision plat City streets, designated' as "touring residences to county planning'board pri- approval was-tproperly••treated as-having urinations,recomntiendations routes"arg not staghighways within the or'to•submission'of the matter to city been,turned down by sevemmember town Fact that .city's application for. con- meaning of this section. Op.State planning board,was not ground for denial ' planning board, even though,four me r- struction ,of replacement• of swininiiirg Compt.74-317. ., o£'the application; 'all than was required bers of board voted in favor,of,approval, pool on land located,within one.mile of It is not necessary that all'tone changes was reference to the- county planning one member voted,against,•one-member airport was denied by pounty.planning involving real property lying•within a-dis- board prior to action by the zoning board abstained,and one member,was hot pres- director and,planning,board.while appli,- tance of five,hundred feet from a county *of.appeals.. Shepard v. Zoning Bd. of ent;'concurrence of-four of seven board cations made by others were,granted:di4 highway be referred to the county plan- Appeals of'City of Johnstown, 1982,•113 members made resolution'valid action,of not establish that denial was arbitrary ning board. .17 Op.State Compt. 75, Misc.2d•413,448 N.Y.S.2d 1011,affirmed ' board, and failure of board to truster five and capricious where faets warranted 1961: 92 A.D.2d 993,461 N,Y.8.2d 479, votes in favor as'required by General finding that.decision was made reason- 126 127 i i SOLI 'AND',REGIONAL.-PLANNING §.239—m §259"m COUNTY AND REGIONAL PLANNM11iG , prt,'12`B Note 17 Note 13 p, Art. 12`$ .06re. county, platuiing agency,'ap- specked in4his section and must state in ably. City of Rochester v.Monroe Coi�nn- Sales; Inc. v. Waring, 1977, 91-Misc.2d' proYes zoning matter referred to it.by the approval.resolution the reasons :for E ty, 1974;81.Misc.2d '462, 364 N.Y.S,2d. 633,398 9.Y.S.2d 493., ,, tr,imicipal, zoning body, or fails to act -such action, 1980 Op,Atty,Gen. (Inf.) + 678.' within applicable time'period,.bare ma- June 11. 15. Time of report,xe' rt b l i ority vote by municipal body is sufficient A town board of tonin appeals con- 14.,. Po Y Plan. j g pp 14. Re ort b tannin agency—In en- g ag agency, to take final action on proposal without sisting of five meinbers may hold a meet- P Y planningg rein enc ort by plazming,agency; it is only. eral Town board's approval of rezoning res. 1 when.planning agency disapproves pro- mg at'tvhich three members*are present Both recommendations of regional'• olud ff by simple majority'vote. did not '• osal or recommends modification there- to,consider the overruling c a recom- �. apl'nning board with respect to proposed , violate General Municipal-Law•provision 1 p quires vote of major- mendation of the Rockland county pian ! of that this section re i change of zoning and statement of tea- pr`ec'luding mtinicipal agextty'from actin lus one'of municipal body in order to ning board and thereafter at a later or 1} sods therefor must lie transmitted•to the contrary to planning agenbt 's recommeq• i tate final action contrary to,planning adjourned meeting legally provided for ,1 1 referring municipal agency in t written dation except by vote bf'majotz°ty plus one ' agency,report. Leisure Time Sales,;Ync. and properly assembled' vote on such ' form, and where county planning board Of its members if agency disapproves pro. ; V. Waring, 1977; 91 Misc.2d 633, 398 measure' or through •proper,procedures rejeclgd application'for rezoning by wrii- posal or reboriarriends' modification, , NY.S.Z'o 193: reconsider a',,pievious vote and if four.. summa re oft but ,failed to pit where planning a ehe had reported dis. votes are cast at suchi meeting on a prop-' rY P p p g g Y P Where actions of employee's, of'city er resolution in the affirmative for Over- ,i statement of reasons in writing'the d;'sap- approval of santer,re erral,p rid- more plannirtg.department •and county plan: ming the recommendation of the Rock- ( liroval was not•effective anti did not acti- ave suffieiSO ent-consideration rv�� and board ping department in'eatending 30-day lim- •land,county planning board,-such action vate provision that to override pl'anni�ng g to reason. itation for Ming:,of rep6rt.by county plan- } board's recommendation a majority plus able altemative5 to landowners proposal. ning"department-were nbt b)nding upon is valid. ?1972, Op.Atty.Gen. (Inf,) Mar. one vote of the local agency is required. Comniittee to Preserve,Character of Ska• clty'planning board and wheTe:city plan- 20' Voelhkers v. Guelli, 1983, 58 N.Y.2d 170, neateles v, Major•(4 'Dept. 1992) 187 ning board repudiat�d.12'6 filing of such Irl a"city having a zoning ordinance 460 N.Y.S.2d 8,446 N.E,2d 764, A.D.2d 940, 591 N.Y.S.2d 648, leave to report, city planning board's simple iiia- providing that both the common council Zoning board of appeals original vote aPPe�' denied• 82 N.Y:2d"''652; 601 jority vote was sufficient to pve}nde rg- and the planning commission must ap on grant o£use variance to electric'•utility N.Y.S.2d 582,619•N.1::2db60. port of count tannin ' de arhtient P p p Y p g P rove the issuance of a special pen-nit, if was.a nullity, where utility had'•been de- In view of this section'providing that if which disapproved-bf developer's request the county planning board disapprdves rived of an o coup lgnnin board failed to report for'special= •plermit,to build apartment flee application or approves it with mode p opportunity to appear,at that �`' p P house,' Vanderveer•v.' Venrorrwendaal, fications,both those bodies must a rove • proceeding,and where•board•lacked jur- . within 30 days or such longer period as pP ImatteruntII may have been agreed-upon b it and the 1977,89-,Mfsc-2d 604,392 N.Y.S.2d 216. by the.exti-a vote-specified in this section i'a hadcr received recommendatiorfand state referring agency," city. planning board Term"colurtty planning agency,' within• and ri�ust state in the approval resolution {{1 mcnt, of.reaso from countyg could act without such ye ort; antro this''section providing.that each munici-: the reasons•for such action. 1980, Op. �ii board or 3Q days had passed without of.bxtension of"tirrte'to.county:banning pal body haying jurisdiction id issue spe- Atty.Gen.(Inf-)June 11. • department was,-a discretionary function, cial Building permits;shall before taking response from that body. Zagoreos v. t �:�- Comklin (2 Dept, 1985)'109 A.D.2d 281, .. oppose 20 a mere'ministerial act,•so final actloixrefer therm tq county planning 17. -- R6asons, overriding of recom- F y 491 N.Y.S.2ci-358: that of y, agmement•to.ex'tension of time ag&ncy ,'need, if plaliiririg agency -disapp' mendation ,• _ 111, for filing of report by.county-0,inning proves-proposal or recommends modifi- It was unnecessary for,town board,to �•� Tower,board's failure to wait-for 36 bpard'•npuld only. have,beerk;made-by cation'thereof,'municipal;body'having ' days to receive report-tfrom,county plan- . county'•planning, department:;and city jurisdiction shall riot act contrary to such include statement of reasons, for.acting i >•; ; ning commission,as,requized by applica- planning-board.and agtions,bf employees disapprooal of recomzirendatiori except-by, contrary .to recommendation of county t ble zonirig•stattite;before taking final ac= 'of city planning de a vote•of a-nua o division of planning and -deveNi merit tion, on proposed Iocal•law establishing pargnepi•and county j rity plus one of all the P g P P P g plagning depertmenf lri'extending 30-day members,. includedcommissioner of Where the memorandum sent by,the dive moratorium on issuance of neva building limitation were not•jbintjing,upon city, county'*department of planning;,and'Onoe ' sion purported to approve proposed zon permits rendered moratorium.•invglld•as plannin board, Vande, eer v Vanrou• commissioner recommended disapproval' ,Ing taw"with modifications"but did not g ,Tv.. "r, •-, 4 jurisdictionaIly defective,absent any indi- 'Wendaal, .197'7., '89 ,Misc 2d" 604, 392 of permit>�city pianning,•board should not suggest specific mpdifrcations or clearly cation that moratorium'was established N.Y.S.2d.2=16,'' hXoe acted contrary•,twaisapproyal with and unequivocally prespribe 'a course of pursuant: to•e5cercike•:of 'town's:.police out a•vote of'a majority-plus one of.all action• for the town,to follow ,prior to. ' power..-Carusd'v. Town'of•Oyster.Bay, ,I6, Overriding of,recommendation—In members ot.t;8pxd. Mander4eer v:Van enactment of'the zoning law,.Weinstein 1!; 1997, 172'Mise.2d 93,-656 N.Y.S.2d.809, gerierai ,.• Rouwtindaah'1973, 75;Mrsc.2d•593, 34$ -Enterprises,Inc,v.Town of Kent(2 Depi. ff affirmed,as modified 672;N;Y.S:Zti 418. " N.Y.S.2d,55.' `: 1987)•135 A,D.2d 625,,522 I<I:Y,S.2d 204, 1i' .Where town board overrode .county', Where a city has a zoning ordinance appeal.,denied 72 N.Y.zd X01, 530 i:' Where teirort of County plariiiing agen- , ;planning commissions disapproval of provided that birth the'comztibn council N,Y�S.2d 553,526 N.Ef,2d•44, ,i• i, cywith respect,to,application for zoning c'han'ge -in-,zoning of+property situated g i } variance referred to,it,by munieipaL•zon- within'•300 feet•of towir boundary,change and,,the'planning'commission must'ap- , ' RcQuirement of tette' section that tea= "Ing.board of appeals was made ori•pzint- ofvzone:Became final and binding and �4e the issuance'of special permits'and son's`for overriding modifications of z6un- ed form and did not,•on-itt face, indicate planniri•g.commission thereafter•had nei- county planning br�ard disapproves .ty planning board be set orth'in adoptive decision. disapproving, �e Permit applicatiombr•approves it with• 'r&olution is jurisdictional in nature and, proposal or..tine Cher. right nor power•to:veto•change. modifications, then,both-the council aria• hence,strict commppllance is.not compulso- majoriapproving•-same with•modification, bare :We re Associates 46Cu. v: Bear.S.2d 9, the,planning commission must approve ry and,ndndempliance will nof.invalidate maj Pp vote by zsuf ici rd zoning,board 19TQ)35 A,D,2d.846981,. N:+Y:S.y. 59, the application:by the•one vote margin rezoning.•Bloom v.Town Bd.of Town of •• .of appeals was sufficient to authorize affirmed,28 N,Y,2d 98I,• 323 N.Y.S.2d granting of variance. Leisure Time 838;272•N.E,2d 338. Y�9, '1.28 i §239—m COUNTY AND REGTOkU PLANNIN ' AND REGIONAL-XI.A�II\iIl\NC j Note i7 Arf.'12$ r §219-11 Yorktown'(2 Dept. 1981)'80 A.D.2a 823, zoning matter pursuant to Westcfte'ster' ¢moi 1?,r•$ .. 436-N.Y.S.2d 355. County Adrriinistrative•Code, claimed ne- sons of,�Aard of zoning Appea4t, , County planning board's recommenda- Oidiriance which rezoned appellai s' cessity for'town to comply with'require. g' variances contrary' to 'reco� tion on proposed domed* was not 11-acre parcel of land from residential to merit of this section'by getting forth rea- 01,00n•bf Co`tinty•Planning•Coiiimi! binding nor final br t could be ovetrldden planned development extraordinary was sons for-its action iii'overriding board in 4orri;,based .upon Board's failure .to. by vote of city planning commission:and adoptive resolution was.obviated �Bloo� Opp such with majority plus one vote re- void, where the proposed amendment P , Boards",failure .to complth y such determination, since advisory V.Town Bd. of Town of Yorktown, 1980, WeW%it•' P Y was not approved by the county planning 102 Misc.2d 938,424 N.Y,S.2d.983,mod- q'il}1najArity irltts.one vote requirement ° Y and not final,could not be reviewed brdepartment, to state the rewhere the asonsf qts iced on-other grounds 80•A.D.2d 823, p��s ted l� �chbnal defect, South . in Article 78 'proceeding, Rickett v SIiofe+Audubon,Sdc., Ine,• v. Boazd' of -Hackbarth, 1974,• 98 Misq.2d' 790; 41.4 approval, and where the amendment,Was 436 N.Y.S.2d 355. eal&.of To, not ;ugported by any evidence that it Zdiii�ig'APp 'n:af-Hempstead N•Y•3.24 988, affirmed in part, modified accorded with the city's existing oit at it 18. Review (Z.Dept. 1992) 185 A.D,2d 984, 587 in part on.other grounds 69'A.D.2d 222, tY' g N.Y.S.2d 29. •418 N.Y.S.2d 827. ing plans for development,of the 'area. Direciion by the court that town super- Hale V. City,qf Utica (4.Dept+ 1978).61 ' visor and town board rezone,pre9 mises'iit ' A.D.2,i% 5,403 N.Y.S.2d 374, accordance with majority vote did not 2 '1'1. Referral o£ certain proposed.'-subdivision plats 'to the Where county planning "commission constitute an encroachment on legislative county planning agency or regional planning council; made certain recommendatiops in ,pot. functions as following determination that report the"reoh; Penal action ' filed with town board,board violated this county planning board•l ecbmmenaation section by adopting:resolutions of.intent against rezoning was ineffAtive to trigger (As added by L.1968, C. 962. SPe, also, General Municipal to rezone and rezoning without stating the'rriajority, plus one vote requirement -jaw §`239-n, to'Article 12-c; MtO goviirnMetital Relations` reasons for its failure to incorporate these for a contrary decisiori,`all'that remained recommendations. Bliek v. Towri of was ministerial conduct• Voelckers v. Council• s,post] Webster, ,1980, 104 Misc:2d 852, .429 . Guelli, 1983, 5$ .'N.Y 2d 170, 460 N.Y.S.2d-811. : ' N.Y.S.2d.8,446 N.E.2d 764, 1.' Definitions. As.used he>;ein: ' Rezoning of property from, C-1 There was•rio,judicial usurpation of.ieg- (a).The term "proposed",tas,used,in,sttbparagraphs (ii) and (iii) of Planned Business District to.CRS-Region- islative function of town board;concern. al Shopping Center District was pot in- ing rezoning where Article 78 proceeding paragraph (a).of subdivision three ,Qf*this section sha)l be deemed to valid for failure of.town to comply with brought up,for review only supervisor's 41'1l de ,only diose, recreat;ioni-areas,•paikways, +t1iT ttWays, express- this section by•setting fo reasons in ruling to effect that majority,plus one ways, goads or highways which are shown on a conn rtk� ty,comprehezl- ado rive resolution for overriding modifi- Vote was required in view,of recomrtren• % ,. P sive plan, adopted pursuant to subdivision seven of section' two -cations made by county planning board dation of county planning agency.against i where governing statute was not this sec- zoning change and the courts did,not liundTbd thirty-nine-d`of tliis article,`or shorn on ah official'map { • tion,but Westchester County,Administra- Pass on propriety of the prpposed'change adbpte4 pursttarit to section two hundred thirty-nane-e of this article. tive Code, L.1948, c. 852, §`451 merely ' but only determined that county board's requiring town to adopt a resolution in recommendation vyas not effective; thus ) The term undeveloped plat.'.shall mean those plats already order to override4modifications made by requiring only majority vote-£Or,2pproval. filed in the Office i of.tile Clerk,of.the'county 1x1 which .such, plat is { county planning board.- Bloom V. Town• Voelckers v.G+telli, 1983,58 NS.2c1 176, j P Bd. of Town of Yorktown, 1980,,102 460 N.Y.S.2d 8,446 N•.B.2d!64.' located where twenty percent or more of the lots,within the plat are Misc.2d 938, 424 N.Y.S.2d 983,modified • Objectors' claim could'•haye been re- unimproved-uDles�„.�,xisting"c0ndition"s,'such as poor drainage, have { ' on other grounds .80 A.D-2d 823,•436 solved in Aiticle,78 proceeding and,thus, i prevented their devel'oliment., ” N.Y.S.2d 355. 30-day statatoiy Ahnitations•period for County*planning board, having choseft Article 78 proceeding seeking judicial re- •W'The term'"refezTing body" shall mean the city, i, -to-respond to referral made by town in view'of town approval of special,use per- body authorized b a t3' town or vlllagC.+ respect to proposed"zoning'change pursu- mets applied.to claim, in which objectors Y' municipal•legislative,,body to approve,prelim"t` ant to Westchester County Adriiinistrafive sought to annul special use permits for nary or fuza� plats,or, to„approve the,development of undeveloped ` i Code k•ather'than pursuant to this section, construction of cellular telephone tower Plats and/or•:plats already filed ,in the office; of the county,clerk, could not thereafter'impose sanction df and utility building'on ground that town3 illegality-of'•rezontng upon town for fail- planning board lacked jurisdiction to.is- Z• Referral-of proposed plata. Ill any City,`town,Or village which ure to comply with re uirement of this sue ermits due'to its failure to comply is located in a�olln which has'a COUfi planning a eriC authorized P Y q >? ' t3''p g g Y {1 section that reasons for action bf town in with statute requiring referral of zoning • by the county-legislative liodj+to review'preliminary'or final plats'or j overriding,board be,set forth in,adoptive action to county, metropolitan,,or re- to approve the'deVelo ment of'unidevelo ed lats the Clerk of the ' resolution,• 'Bloom v. Towr1 Bd. of T•oym atonal to agency Stankav%ch'v. P p p , <<{ of Yorktown, 198,0, 102 Misc.2d 438,.424 Town of Duane burg Planning Bd. (3, municipal planning agency, upon receipt of application for-prelizni- „• N.Y.S.2d 983,modified on,ofber grounds Dept, 1998) 246 A.D:2d 893 667- nary and/8r final:,approval of a Subdivision 'plat p� proposal to 80 A.D:2d 823,.436 N.Y. 2d 355 ;N.Y.S.2d 947. develop p p p Y rlt - $ ,. ' i • pan tuldevelo ed lat and/or lats'alread filed in the office of sport county•planning board opted to Statute of limitations dict not preclude the,conn clerk,,,,.Shall ,tefdn, certain' of`Such plats to the. conn • • ;;; respond-to referral by town'in respeai to Article 78 proceeding Eo review deter- � p ty -1.30 Planning Agency.' Tn:the absence of a,.county planning agency, the e= 1.31 jNY Jur. 2d,'Counties, Towns, &'Municipal Cbrp. § 714, Powers, Functions,. and ( , Duties—Regional Planning Councils.- Treatises a d Practice Aids b f New York Zoning �.Law a;nd Practice, I ouitW ditidn § 9:08,.Regional Planning Coun- MCKINNEY S �, cils--Comp;ehensive Plan;Preparation affl Adoption.. New York Zoning-Law'and, Practice,'Fourth Edition § 9:12, Ofnaial County Map; I EdtabIishment and Purpose-Change in County Map: _ .Q N S 0 LIDA` `E D . ' New York Zoning Law and Pfactice, Fourth Edition § 39:03,Ardinances Establishing Amendment Procedures;-Cities—Towns. :§ 239-1. Coordination of certain municipal zoning and planning 0F' NEW YORK -ANNOTATFED r ; ffractions; 'legislative intent and policy Research References Encyclopedias NY Jur.2d,Buildings,Zoning,&Land Controls§ 84,Coordination of Certain lyfunicipal } j Zoning and Planning Actions; Referral of Certain.Proposed Planning and Zoning 'Book-23 ' Actions. �\General'.MuxlucXpal:'Law I .I Forms McKinney's Forms, Selected Con'sol. Law;EnvtPCoiiservatioh Laws§ 8-0101 et. seq. 2•1Q . O 6�� Form 14, et seq. Form 14. Petition in Article-78 Proceeding to Nullify Action*of Town Board in Rezoning'Vaeant Land. -Treatises and Practice Aids _A,uderson's Arriericin Law-of Zoning§ 24:13,Review of Municipal planning Decisions. New York Zoning Law*and Practice, Fourth Edition.§ 9:09, Regional Planning Coun-. . i{ oils Zoning;Legislative Policy. } AA;vv AA j New,York Zoning Law and Practice,Poiuth Edition§ 25:09,Referral. a , _ ;, ;! ; • Ndtes of Decisions Cu�mix�atxve Y'oieket`POrt �'� '' : Review considerations,generally involving validity of legislative act which City's alleged failure to comply with • was reviewable in a declaratory judgment 1,,, General Municipal Law requirement of re- action, 'Ernalex Qonst, Realty Corp. v. Replacing prior pocket part'supplementing „ , fendhg' mnhicipal zoning ordinance to City of Glen Cove (2 Dept. 1998) 256 county planning agency before enacting 1999 main volume "' the-ordinance was•not mere procedural A.D.2d 33,6,681 N.Y.S.2d 296. Declarato- irregularity but was jurisdictional defect rY Judgment c=,129 - 5 § 239-m. Referrat of 'certain proposed •city, town, and village J' planning and zoning actions to the county planning Current Through:the Laws,of 2008, chaptex,638 agency-or regional planning council; report thereon; of the'231st'Legislative•8ession I final action Law Review and Journal Commentaries Zoning and Land Use. Terry Rice,-65,Syracuse L.Rev.1395(2005)., - ;}, Aes'earch' 'References r A. � •2 ,�. ��8 '? I ALR Library,: - 66 21LR Ath 1012, Zoning: Constryction and Effect of Statute Requiring that Zoning Application be Treated as Approved If Not Acted on Within*Specified Period of Time. outhoict'Town Clark• ; ' Ec�CYclopedias• ' 1.; NY Jur. 2d, Article ',78 8E Related Proceedings '§ 149, Effect of Special Statutory ' Provisions; Provision Regiuiring,Commencement of Proceeding Within S1lorter THOMSOiVPeriod of Time. NY Jur..•$d;.Article,791.&Related Proceedings § 243,=Counties;.County Boards and =a.. Officers. ' WEST - '92 7, 1 Mat-#4n785913 121 j NY Jur.2d;Buildings,Zoning,&Land Controls§ 84,Coordination of Certain Municipal New 'York Zoning Law and Practice, Fourth Edition § 3:23,Voting Requirements; Zoning and Planning Actions; Referral of Certain Proposed Planning and Zoning Towns-Villages'. Actions. New York Zoning Law and Practice, Fourth Edition § 3:24, Voting Requirements; NY Jur.2d,Buildings,Zoning,&Land Confrols§ 182,by County Planning'Agency or Towns-Cities. Regional Planning'Council '.�'-. New Fork 4oning,Law and Practice,Fourth Edition§ 3:31,Power.to Amend-PIanning NX Jur:2d,Buildings,Zoning,&Land Controls§ 197,Role of Planning Agencies. • - • { , Boards';' . NY,Jur.2d, Buildings,Zoning, & Land Controls § 434, Generally; Statutory liequl e- New York Zgnfng Law and,Practice,•Fourth Edition§ 3:32,A•rniendment Procedure. ments. �.. New York Zoning Law and Practice,Fourth Edition§.4:07,Coordinating Preparation of NY Jur-.2d,Buildings,Zoning,&Land Controls§ 436,Who Must be Notified. , the IC ., NY Jur. 2d, Buildings, Zoning, & Land Controls §.437, Content and Sufficiency of ! New York Zoning Law•and Practice, Fourth Edition'§ 4:17, Interim or Stop,-Gap Notice. - - - `• � • Zoning.' - ' NY Jur:2d;Buildings, Zoning, & Land Controls § 444, Referral Before Taking Final New'lork Zoning1dw and Practice,Fourth Edition§ 4:22,Conflict With State Law. Action. New York Zoning Law and Practice,Fourth-Edition§ 41:2,Town Ordinance Concern- NY Jur.2d,'Buildings, Zoning, & Lapd.Contibls § 446, Voting Requirements- Where. i _ qng Zoning Board of Appeals. Matter Has Been Referred to Plainning Agency. . New York Zoning Law kind Practice,'Fourth Edition § 8:11, powers and Dirties of NY Jur.2d,Counties,Towns,&Municipal Corp.§ 91;Adoption of Lacal Laws Affecting Pldiining•Board's. Prior Legislation. New York Zoning Law and Practice Fourth Edition;g 8:15,Voting. NY Jur.2d,Counties,Towns,&Municipal Corp.,§ 250,Hea),th'and Sanitation. g , g• NY Jur.2d,Countiggs�Towns,'8c Municipal Corp.§ 306,Power and Duty of Coui-ts. New York•7pning Law and Practice,Fourth Edition§ 8:16,Other Referrals. NY Jur. 2d, Coun€Ses, Towns, & Municipal Corp. § 687, Judicial-Review of Acts of { ;New York Zoning Law*and Practice,Fourth Edition§ 9:06,Powers of County Planning Municipal Departments,Boards,and:Commissions. ' 1 Boards, Regional Planning Cvun4;-Collection and Distribution of Information. .NY Jur, 2d,.''Counties, Towns; & '.Municipal Corp. §.713, Powers, Functions, and j New York Zoning.Law and Practice, Fourth Edition § 9:09, Regiondl Planning Coun- Duties-County Planning Boards. cils--Zoning,Legislative Policy. NY Jur.2d,Counties,;Towns,&Municipal Corp.§ 724,Powers and Duties.' New York Zoning Law and Practice,Fourth Edition § 9:10, Regional Planning.Coun- NY Jur.2d,Counties,Towns,&Municipal Cof•p.§ 734,Generally;Creation., oils---Zoning;Review of Municipal Action. NY Jur.2d,Counties,,Towns,&,Municipal Corp.-§ 755,Members, New York Zoning Law�and Practice,Fourth Edition'§ 12:02,Zoning and Telecommuni- NY Jur.2d;Psrties§ 106,Proceedings,Involving Governmental Agencies and Officials. cations Regulation. ' NY Jur.2d,Water§ 255,Generally;Reservation of Local Jurisdiction., New York Zoning Law and Practice,Fourth Edition§ 14:03,Agricultural Districts. Forms -New York Zoning Law and Practice,Fourth Edition§ 19:02;Subdivision Defined. Carmody-Wait,2d§-19:63,Necessity of Primary Responsibility for Challenged Policy. New York Zoning Law and Practice,Fourth Edition§ 19:24,Approval,and Certification Carmody-Watt,2d§ 146:262,Parties Who Are Not'�Necessary. of Final Plats-Referral to County or Regional Planning Agency., Carmody-Wait,2d§'145:1458,Defects in Zoning-Bo'ard,Proceedings. -New York Zoning Law.and, Practioe, Fourth Edition § 20;10,'Federal Development:, Carmody-Wait;.2d§ 145:1479,Review of Legislativd Action. Arlington Heights. ..r; Carmody-Wait,2d§ 145:1488,Special Use and Building Permits. Neve York Zoning Law and'Practice,Fourth Edition§ 250-,.Referral. Mcl{inney's,Forms, Local Gov't, General Municipal Law § 239-L Form•1, Form for New York Zoning Law,and-Practice, Fourth'Edition § 28:09,•Parties Who Must be Actions Subject to Review, ` `.Notified. I McKinney's Forms,Local Gov't,*GeneralMunicipal Law§ 239-M Form.3,Complaint in New York Zoning Law and Practice,Fourth.-Edition§ 28:11,Content of Notice. Action-to,Declare Zoning Ordinance Amendment'.Invalid Where County Planning New York Zonirig.Law and Practice,Fourth Edition§ 28:26,Required Majorities. Board Failed to Approve Proposal. New York Zoning Law and.Practice, Fourth Edition § 28:37, Referral to County McKinney's Forms, Local Gov't, Village'Law-§7-,718 Form'],.Resolution Acting on Planning Agency or Regional Planning Council. Village Planning Board Recommendations. New York Zonmg Law and Practice, Fourtli Edition § 30:11, Notice to'the Public, McKinney's;Forms, Local Gov't,-Village Law§ 7-725-$Form 1.,Resolution,Calling for Applicant,and Regional Planning;Council. Public Hearing to Consider-Adding Installation of Telecommunications Towers to New Ytir1c Zoning Law and Practice, Fourth Edition•§ 30:12, Notice to the Public, Category of Special Use Permits to Village Zoning Law. Applicant and Regional Planning Couneil-Notice to Adjacent Municipality. McKinneys Ftorms, Selected Corr,sol. Law, Env-VI Conservation Laws-§ 8-OlOi et. seq. !N'ew,•YoYk 'Zoning 'Law and•Practice, Fourth Edition §.30:14, Consipliance' With, Form 10, et seq.Form 10. domplaint in Action Challenging Rezoning bf.AL*of SEQRA=Decision. Land from Residential to Light Industaial.' New York Zoning Law and Practice,Fourth Edition§ 33:13,Indispensable Parties. McKinney's'Forma, Selected ConsoL Law, Envy] Conservation'Laws.§ 8-0101 et. seq. Form 14, et seq. Form 14.'Petition in Article 78 Proceeding to Nullify Action of � New York Zoning Law and Practice,Fourth Edition§ 33:14,Time Within Which Article Town Board in Rezoniing'V'acant Land. 78 Prodeedings Must be)'nitrated. McKinney's Forms, Selected Cbnsol. Law, Envt'1 Conservation]laws §'8-4101 et.seq. , New York Zoning Law and Practice,Fourth Edition.§ 35:01,Declaratory Judgments; , Form 15;et seq.Form 15.Affidavit in Support of Petition in Article WProceeding Availability,of 4eniedy.' - . . .• •• ' , • to Nullify Actf on of Town Board in Rezoning;Vacant Land. New York Zoning.Law and Practice,.Fourth Edition§ 39:03,Ordinances Establishing Amendment Procedures;Cities-Towns. Treatises and Practice Aids Anderson's.American Law of Zoning § 32:4, Statute Requiring Referral to Regional• Planning Board. Anderson's American Law of Zoning•§ 24:14,Zoning Decisions. 'New York Zoning Law and Practicei Fourth Edition-§ $:12,County Planning Agency or Regional Planning Council. New York Zoning'Law and Practice, Fourth Edition § 3:22, Voting Requirements; 'town's. 53 . 54 • Notes of Decisions I ;i town, did not fail to provide the agency salerof spring water for non-potable pur- , j with all statutorily required materials, poses, and did not involve the'bottling of urigdiction 19 ment"denied 7+N Y,3d 922, 827 N.Y.S.2d i where, at•time of its,recommendation; water at any location. Woodland Commu- lorrstoriums 21 691, $60 N.E.2d 993. Zoning And Plan- agency had-before it all the studies and nity Ass'n v. Planning Bd. of Town df required materials 2.5 `ung G'431 ! documentation that the board considered Sliandaken (3 Dept. 2008),62•.�.D•3d 991, Landing to challenge 17.5 ""Village`z6ning board of appeals' failure in issuing its resolutitin, Bashi I{ill'Area 860 N.Y.S.2d 653: Zoning*And.Planning ufficie:icy of evidence, 20 to comply with statutory requirement that Ass'n v. l Ianrring Bd, of Town of Mama,- e-431. oid•determinations 13.5 it refer to county planning agency or re-' kating(3 Dept,,2007)46 A.D.3d 1309,849 board's- gional planning•council a proposed area N.Y.S.2d 112. Zoning And Planning'c� Townsubmission to county variance which would affect real property. , • 438 planning board of proposed zoning Construction with'other laws within 500 feet of boundary of adjacent changes, along with',draft generic envi- Validity of moratorium on issuance of town was not mere procedural irregulari- � 3. Zoning regulations ronmental impact statement (DGEIS) wilding permits for multiple unit dwell ty,.but was jurisdictional defect involving'• City zoning'ordinances, which did',not prepared.by waste facility that requested Igs }vas not-dispositive of which zoning% validity of a legislative act, and thus an- list school•as allowable principal, accesso- rezoning of 75 acres of its property to ;w applied toy particular' application. , nulment.of boards denial of area variance ry,-of special permit use in commercial construct new hazardous waste treatment twisvalle v. Totman (3 Dept, 2003) 303 was warranted. Lamar Adyertising•of districts,'denied educational institatioris facility, contained requisite full statement LD.2d 897, 757 N.Y.S.2d 184• Zoning Penn, LLC v. Village of.Marathpn (3 opportuli ty to apply for special use per- . of proposed zoning action so as to comply Ind Planning a 376 Dept,2005)24 A.D.3d 1011, 805 X.Y.S.2d rriitg,and thus were unauthorized and un-,, with applicable general municipal.law; 495, Zoning And Planning a 531 .• constitutional• .Albany Preparatory-Char= • DGEIS was adequate substitute for cora- :, Necessity of refe ,generuliy Proper notice of proposed amendment ter School v, City'of-Albany, 2005, 10• pleted environmental assessment f"Caivso',- Town oi@ yster Bay, 1997, to town law prohibiting new mining actiyi- ' Misc.3d 870,805 N.Y.S.2d 818,affirmed as , that was'required. Fleckenstein v.Town ,72 Misc.2d 93, 656 N.Y.S.2d 809, (main.; ties was*not given to -all faunidipalities modified'31 A.D 3d 870,'818 N.Y.S.2d 651. Of Porter And Chemical Waste Manage- ,olume] affirmed as modified 250 A,D.2d Nithin 500 feet of property- affected by Zoning And Planning e=76 ment, LLC. (4 Dapt. 2003) 309 A.D.2d i39,672 N.Y,S,2d 418. amendment, and thus law was Invalid;,lo- City law regulating height and location• 1188, 765 N.Y.S.2d.123, leave to appeal General'ordivanee eliminating require- cal zoning'code provided that town board : -of telecommunleations'to*rs was zoning denied 1 N Y.3d 509,777 N.Y.$.2d 18,808 nent prohibiting city council from acting had•to provide such notice at least 10 days t ordinance, that city was,required,under N.E.2d 1277., Environmental Law. b ,ontrary.to recommendation$ of county prior to•date of public hearing. Dalrym, General IVlunieipal Law,to refer-to appro- 606; Zoning And Planning e:-'193 plaiuring board and substituting a simple ' ple Gravel and Contracting Co.v.Town of ; priate county planning agency ok regional majority vote for approval,of a project ,Erwiri(4 Dept.2003)305 A.1).2d 1036,758 ' ' planning council for review prior to its 5. Use or area variances contrary to board's. recommendations N.Y.S.2d 755. Zoning And Planning Z- enactment; rather than a lawful'exercise• City planning board;in considering site squarely fell within Gegeral Municipal 195 of municipality's-police power. Indepen- plan and parking plan in connection with Law requiring that all zoning actions and• Town•zoning board of appeals' alleged s dent Wireless One Corp.v:Town of Mary application for permission to construct amendments affecting real property'mtli-', failure to comply with the statutory re- land PIanning Bd., 2002,191 Misc'.2d•168, house of worship,was not required to take in 500 feet from the boundary of any city, quirement that it refer to the county plan- 738 N Y.S.2d'829.' Zoning And Planning ,account of potential growth in applicant's village, town, 'or existing or proposed ning agency or regional planning council a a 133 rriembei%hip,'or possibiljfy that applicant county or state park or'road,be referred proposed action which would affect real might're-use its existing nearby facility to the county-planning board for review, property within 500 feet of the boundary 4•, Site plan approval and therefore city defendants' failure to of an a scent town was not a mere rote- Town planning board's measurement.of. far religious purposes, where board was refer ordinance to countylahnin board P not lead agency, only involved agency. P g dural irregularity,,but was a uiisdictional 500-foot distance from boundary of state- gul y j Turkewitz v.Planning Bd.of City of New was a jurisdictional defect rendering its defect involving the validity of a legislative owned recreation area, used in�ietermm- Rochelle(2'Dept.,2005)24 A-D.3d 790,809 enactment invalid;by its very terms,ordi- ,act. Zelniek v. Small (2 Dept 2000) 268 ing whether corporation's proposed use " P N.Y.S.2d 113, leave to appeal denied 6 nance affected a'chapge in the regulation's A.D.2d 527,•762 N.Y.S.2d 105. Zonin$ was subject to review by the county plan- N.Y.3d,713,-816'N.Y.S2d 749,849 N.E.2d applying to all real property with the city,,' And Planningc.358.1 ning board was'not irrational Qr'umea- , 972: Zoning And Planning a 388 and necessarily included real property sit City's alleged failure to'comply with solvable,•where measurement was taken• y uated within 500 feet of boundaries;areas, p q from a road-side truck turnaround,'which,•. While*religious institutions are not ex-' and roadways.. Amvabi v. City Council of General Munici al Law requirement of re-' was the'closest of.the proposed. uses, ,e ' t from local zoning.laws,greater flexi- ferring' municipal zoning-ordinance to , alon an existing, y groadway bil'ty ig required in evaluatipg.application City of Yonkers (Z'Dept.2008)47 A,D,3d g g,nearl 6trai ht' county plAnning agency before enacting leading directly t for religious use than a 856,850 N.Y.S.2d 62,5,• Zoning And Plan- '•the ordinance was not mere procedural g Y o the recreation area en- application for an- 856, G;-133bt was jurisdictional defeat • trance. Woodland Community Assn v.. other use and every effort to accommo- irregularityu Town planning board was not required involving validity 6f legislative act Which' Planning Bd. of Town pf Shandaken (3 date religious,use,must be-made. Rich- to submit Parts 2 and 3 of full environ- was reviewable in a declaratory jtidgmerit Dept. 2008) 52 AD.3d.991, 860 N.Y.S.2d. Mond v, City of New Rochelle Bd. of mental assessment form (EAF) to county• action. Ernalex Cgnst. Realty Corp. v. 553. Zoning And Planning«481 • - Appeals on Zoning'(2 Dept. 2005) 24 planning board as part of"full statement City of Glen'Cove (2' Ddpt. 1998) 256,, Water collection and-transport•proposed. A D,3d 782,,809 N.Y.S.2d 110. Zoning ro osed action";coun lannin by corporation applying for site 1 And Planning,&=288 of[the]p,p ',. tY,P g' A:D.2d 336,681 N Y.S.2d 296., Declarator•• • P�aP` •" ' board had in its possession the same ma- ry Judgment e-129, proval was not a special permit•use; and • •'Detertnination of city's zoning board of , terial that town planning board was con- therefore town zoning board of.appeals',appeals granting-several area variances to sidering in making its determiriation of 2.5. Required materials •(ZEA), rather thad,tovvn planning board; ..congregation seeking to construct syna, ' significance. •Batavia First-ex rel.Wilkes,' Town planning board, in-referring to was required•to determine whethek-'use gbgue was rational and not arbitrary and v Town of Batavia,(4• Dept, 2006) 26; county planning agency a manufacturer's,' ' ' could be permitted as a"similar use"un- capricious, where synagogue was,permitr A.D.3d 840,811 N,Y.S,2d 236,reargument ' application for site plan approval and a der town zoning. code; town zoning code- ted as of-right in relevant zoning district. , denied 23 A.D.3d 1257,813 N Y,S2d 694, special use.permit in connection with itg identified relevant special permit use as, Richmond v. City of New Rochelle Bd. of r leave to appeal denied 7 N.Y.3d•709, $22' plans to build a mushroom produetlon'and' , `fwater bottling and related uses;'.'and the Appeals bn Zoning (2 Dept:•2005) 24 N,Y.S.2d 757, 855 N.E.2d 1172, reargu- processing facility on a 48-acre parcel-in use proposed by corporation'involved the AD,3d 782, '809 NY.S.2d 110. Zoning- 55 56 of Town of Riverhead,2004,2 N.Y.3d 766,. ,Fiume v Chadwick,2007,-16 Mise3d 906, ' And Planning=•« 503;-Zoning And Plan- 474, 710 N.Y.S.2d 605, leave to appeal 780 N.Y.S.2d 505 ning�508• denied 96 Iq.Y.2d 705, 723 N.Y.S2d 131, , 813 N.E:2d M. Zorl-, 840 N.Y.S.2d 278, Zoning AndPlanning : 746 N.E.2d 186. Zoning,And Planning a ing And Planning e- 570; Zoning And e-584.1 193' ° 6.-Parks or recreation areas • ancong t-582.1 �r 9 Jurisdiction State-owned lake was not a$,recreation The determination of'a; local'zoning � area"within meaning of section of General 'kC 'Report ,by plenning -agency--In board is entitled to general +, great deference, and'- Town planning board lacked jdrisdiction aneMunicipalLa trecoun g r planning of vari,board Y y, 1997, will'be'sustained as long as it has a ration-, = to approve' builders' site plan and grant' requestcounty P g Caruso v. Town of 0 ster Ba Al basis, is not arbitrary and capricious, special wetland permit to builders, where where the property is located within 500 172 Kiac.2dl 93, 656 N.Y.S.2d 809, [main and,is supported liy substantial evidence. board failed to refer such crlto the feet of recreation area. Sacandaga Park volume] affirmed as modified 250 A.D2d - North Shore F.C.P., Ine.-v. M'ammina (2 county planning commission,-- aria county Civic Assn Inc.v.Zoning Bd.of Appeals 639,672 N.Y.S.2d 418. Dept. 2005) 22 A°D.3d 759, 804 N.Y.S.2dadministrative code'required such refer- of Town of Northampton (3 Dept. 2002) . 15• _ Time 'of report, report .by 383. Zoning And Planning Com-+ 605;:Zan-•• rat. Eastport Alliance v. L'ofaro-(2 Dept. ' '296 A.D.2d 807,745 N.Y.S.2d 338. Zoning planning agency ing And Planning (&;- 610; Zoning And 2004) '13 A.D.3d,527, 787 N.Y.S.2d 346; And Planning c-278.1; Zoning And Plan- • Cit lannfn board hn ro rl dela ed Planning C=703 __ b y p g P Pe y Y -'leave to appeal dismissed 5 N.Y.3d 846 ning a 531 review of.telecommunications petitioner's Under a zoning ordinance which author- 805 N.Y.S.2d 546,839 N.F,.2d 900,leave to 12. — Disapproval or modification, application for site plan approval for pro- I izes interpretation of its requirements by appeal' -dismissed 5 N.Y.3d 847,, 805 ' recommendations posed telecommunications tower site;Pied- the town's zoning board of appeals,specif N.Y.S.2d 547, 839 N.E.2d 901. Environ- Beck v. Gravelding (4 Dept.'1998)247 tioners submitted application, including is application of a,term of the ordinance to, mental Law«143; Zoning And Planning co les of site plan, as required,by local a particular property, is governed by the a 43$ A.D.2d 831, 669 N X,0 2d 108, [main vol- P• . umej leave to anal denied 92,N.Y2d zoning ordinance,information provided by• 'board's interpretation, unless unreason.' 801,•677 N°Y.S.2d 71, ,699 N.E.2d' 431, Petitioners -was sufficient to satisfy re able or irrational. Hampton Hill Villas 20. .Sufficient y of evidence Aloya v. Planning Bd. of the Town of quirements,and even if it were reasonable Condominium Ed;of Managers v.Torun of• - Determination-of town board of zoning Stony Point(2 Dept,1996)230 A.D.2d 790, for.plann}ng board to delay consideration a i Amherst Zoning Bd.'of Appeals (4'Dept.' appeals.denying property owner's applica- 646 N.Y.S.2d 375, [main volume]'leave to of application until all board members had'• 2004)•13•A.D.3d 1079, 787 N.Y.S.2d 557, tion,for conditional'use&permit to operate appeal granted 92 N.Y.2d 513, 681 - adequate'time to review application,it was .leave td'appeal denied 16 A.D.3d 11'81;792 a sandwich shop at subject'location'had appeal 474,704 N.E.2d .2 affirmed 93 unreasonable for.board to fail to address i 'N.Y.S.2d 367. Zoning And Planning e- rational basis,was not arbitrary and capn- N.Y.2d 334,690 N.Y.S.2d 475,712 N.E.2d application prior'to public hearing. Inde •' cious,'and was supported by substantial pendent Wireless One Corp. v. Town-,of' Town Zoning Board of Appeals (ZBA) evidence; board-determined that proposal, 644• Maryland Planning Bd.,2002,191 Misc2d exceeded its power when it treated would negatively impact traffic, parking, Town planning board,in granting manu- 168,•738 N.Y.S.2d 829. Zoning And Plan- ( amendment to town's zoning ordinance and safety conditions on adjacent dead= facturer's application for site plan approv- ping(8-439.5 Iw made by local.-law-as invalid, and copse- • and residential scree that provided al and a special use permit in coWetion t quently approved off-road motrArc cle only means of vehicular access to dee the, with its plans to build a mushroom pro- 17.5. Standing to challenge racetrack in R-40 residential district which area of proposed establishment,prelying ' duction and processing facility on a Adjoining landowners who were affect! 48-acre parcel in town, slid not act con- ed by land use determination that was I ;was neither perzr}itted nor special use in upon o�v;rer's own evidence as well as such district under ordinance as amended; specifid, partici larized concerns raised b trary to modifications recommended by subject to review under General Municipal although Y g town's attorney advised ZBA • area residents and cornmop-sense judg- county planning agency, where board in- ,- Law, and adjoining municipalities that that local law*as invalid Aue.to jurisdic- ments and personal familiarity with area corporated the recommendations into its necessarily had same interest in regional j( tional defect in its enactment, law was possessed b members,of board. North resolution, including landscaping provi- review that General Municipal' Law re- never judicially or'legislatively invalidated: Shore F.C.P;,Inc. v: ,of boarmina 2 De t signs to mitigate visual impact of the pro- quired,had standing to assert that enact- 'Smith v.Town of Plattekill (3 Dept.2004) '2005) 22 A.D.3d 759, $04 N.Y.S.2d 383: posed factory, the submission of a water, ing municipality failed to comply with pro-• 13 A•D.3d 695,787 N.Y.S.2d 406. Zoning Zoning And Planning!&-387 conservation plan and an odor mitigation cedural requirements of that statute with ,• And Planning c-387 g plan, and the inclusion of benchmarks for respect to adoption of adult student.hous- Failure to join indis ensablo 21. Moratoriums monitoring progress. .Basha Kill Area ing,law and revised comprehensive zoning P pasty m In action challenging Article 78 proceeding,i.e.;a limited liabili Ass'n v. Planning Bd. of Town of MArna- ' law. Village of Chestnut Ridge v.Townof t tom an (LLC)intended to be formed, ging town planning kating(3 Dept,2007)46 A.D.3d 1309,849 Ramapo•(2 Dept,2007)45 A.I)3d 74, 841 Y P y( board's moratorium on grant'of site plan N.Y.S.2d 112, Zoning And Planning a, N.Y.S.2d 321. Zoning And Planriing.� by developers to owp and operate 32 unit applications, town,'rather than applicant, . senior apartment complex and community has burden of demonstrating that morato- 382.6; Zoning And Planning a 384.1 571 ; center is residential one and two family >,zum serves valid purpose and is of•reams 13.5. Void determinations 18. Review dwelling. unit district after.it was con- sorrable duration, Roanoke Sand&Cjrav- Village's failure to provide county pian -County planning commission was not a strutted,was a minor1176gularity and not *.el Coi••p.Y. Town of Brookhaven (2 Dept, t a 'urisdictaonal defect that tolled 30 da: ) ning commission with all of the materials necessary party to article 78 proceeding J y 2005 24 A D 3d 783, 809• N.Y.S.2d 95. statute of limitations for se4in •review of g which village needed'to pass a new zoning ' brought;by contract vendee tar parcel of - a.detpsmination b g• Zomtt And Planning e-,685 resolution, including the final version and real property, which -challenged' tarun r �' y city planning commis, Property owner could not rai$e for-first complete text of proposed new zoning law -'boards decrial of special use.permit, al- sign and zoning board•of appeals(ZBA)td time,in its reply papers challenge to town. to rezone area of village from cOmniercial, though town board was required to refer , grant rsecal use permit and use variance, planning board's moratorium on new pra; to residential, and the final generic envi- ' application to commission,and commission although h LLC,did not.yet eidst,at time it jects on ground that it had not-submitted ronmental impact statement,for the requi- recommended that permit be denied,.since applied pP•ed for special use •permit and use, moratorium to county board for review site 30-day period before village,acted'and' ,board,throdgh super-majority,could have variance,•where petitioners 'knew• who arid- recommendation; and thus.m'attei were' the applicants fdr, the zoning adopted zoning law, rendered zoning law voted to override commissions decision, g would be remanded to provide board:o - and' comprehensive master plan void. but did not,and town's action was thus the changes, ro ges, who were the owners of the ' portunity to respond.• Roanoke Sand & LOS Realty Co., Inc.v. Incorporated Vil- 'final agency'action reiriewable in such a P pertn who wele,the•developers, and Gravel-Corp. v. Town of Brookhaven(2 lage of Roslyn(2 Dept. 2000)273 A.D.2d proceeding. Headriver,LLC v.Town Bd: I who was their authorized representative. Dept. 2005) 24 A11.3d 783, 809 N.Y,S2d 5'7 58 ,, i Note 3 i, .Zoning And Planning ez 744; Zoning nd Planning e-749 239—n. Referral of certain ,pro$osed sribilivision plats, to the county plapning agency,or regional planning council; report thereon;•final action Cross References. ocalplanning co-ordination,see General Municipal Law§ 119-x caps and recomrpendations,see General Municipal Law§,237. lowers of local agencies with respect to comprehensive studies and reports,see Geoeral Municipal Laiv§ 119'-w. ' •- `� Liv Review and.Journal Commentaries ritermunieipal agreements: The metamorphosis of home-rule. 'Mary E. Mohnach, 17, Pace Environmental L.Rev.161(1999). Notes of Decisions ipecial facts.exception 3 planning Bd., 2008, �Misc.3d 858' • N'Y.S.2d 542. Zoning And Planning.e= ' . ' 376 � � �• Qverxiding,of agency•regdmmend$: Gases involving "special facts" excep- tion tions,to*.general-rule that zoning appvea' Town planning•board', by failing.to se; tion must be judged upon the.law as it .ure the supermajority, votg needed 'to exists at the time of zoning board's deci- override the' recoinmeiidation, of county' 's;on inherently,involve concepts bf vested planniir�'authorities to•disapprove a final rights,and therefore each matter must be 7 subdivision application,satisfied the Town determined according'to its own unique , Law's mandate to "take action" on such • circumstances.' Downey Farms Develop- applications in atimely manner: ,Aloya v: , nient Corp.-v.Town of Cornwall'Planning Planning Bd. of Town of Stony Point, Bd., 2008, —Misc.3d _ 958'N:Y.5,2d 1999,93 N.Y.2d 334;690 N.Y.S2d 476,712 W Zoning Ansi Planning c-376 N.E.2d 644. Zoning And Planning ' 439.d. Dilatory actions by,town planning,board, .� - and its consultants throughout'npprgval 3. Special facts exception process for developer's subdivision appli- Cumulative.gffect of action and inaction cation supported "special facts'exceptioe by town,planning board and its advisors, finding in developer's Article 74•action which engaged in'discernable pattern of seeking determination that,due to board's' delay of progression of developer's subdi- • bad-faith delays, it had vested rights to vision application; created substantial de- continue under prior version'of dotal zon-• lay that,denied developer a fair opportuni,- ing law,•after amendment to zoning law ty to at least attempt to obtain timely Anal up-zoned area encompassing proposed de'- _ subdivision approval and:file its subdivi- yelopment from one to two acres for single' sion map before Local zoning Laws•were' fasirily residences;some actions precipitat- .amended to up-zone area encompassing, in otherwise,avoidable delays were'not proposed develppment.from one to two y acres for single• family 'residences, war- _explaiiied, and others, thouglf seemingtd' .ranting declaration that, due to,-board's be part of'thorough and rigorous review •improper delaying'actions, developer ob; Process, appeared upon'closbr scrutiny't6, twined vested rights, prior.to.amendment, have been designed to'delay without justi- to proceed with its suhdiviko'n�applicatipn . fiable causes. Downey Farms Develop- •undgr pro,visions oflocal c,pde as it wdsted, meat Corp.v.,Tgwn o£,gornwali•Pfagiiin�. 'before amendment, Downey Farms De- Bd„ 2008, _ Migc.3d.. ,.858 NXA: d velopment Corp. v. .Town•of Cornwall %2..,Zoning And)'fanning e-376 59 M1 S s 4 Members: Evans, Louisa louisae@southoldtownny.gov fiferry@fishersisland.net fiferry@fishersisland.net finyinfo@gmail.com finyinfo@gmail.com Fog Horn (ficommunityboard@gmail.com) ficommunityboard@gmail.com geb cook gcook@fiferry.com GSMurphy gmurphy@fiferry.com The Day (legal@theday.com) legal@theday.com 2 4 Neville, Elizabeth From: Rudder, Lynda Sent: Wednesday,January 23, 2019 1:58 PM To: Neville, Elizabeth Subject: FW: Legal Notices - FI Attachments: Legal Notices - FI 1 U -� PUBLISHER'S CERTIFICATE State of Connecticut County of New London, ss. New London Personally appeared before the undersigned, a Notary Public within and for said Couny and State, Sharon Foret, Legal Advertising Clerk, of The Day Publishing Company Classifieds-dept, a newspaper published.at New London, LEGAL WIN IN = CountyTOWN OF$OUTHOL.D'of New London, state of Connecticut who being duly ' � ORK '- sworn, states on oath, that the Order of Notice in the case' PLEASE TAKE NOTICE that on August 28,.2018,the Town Board of the Town 9f; Southold,in the County of Suffolk,New York,adopted a bond resolution entitled: Of `'Bond Resolution of the'jowh of Southold,New YorK adopted August 8,2014• ; authorizing the construction of improvements to Sidewalks on FtshQrs,•Island,in ' the Town,stating the estimated maximum cdst thereof is$620 000•• ting; said amount for such purpose,and authorizing the issuance of bonri5 tto the principal amognt of$620,000 to finance said appropriation," I a4 akstract of which bond resolution concisely stating-the purposeand dffect thereof,i being as follows; " 26714 LEGAL NOTICE TOWN OF FIRST: AUTHORIZING said TowiiAd 2onstruct rmp76vemehts•to•sldewaiks on SOUTHOLD, NEW YORK PLEASE ' FlAersIsland,IntAeToww'STATINGthe•estimatedioaximumcost thervio,t nduding preliminary costs,and costs incidefit l thdreto.and the fmandny tho eit i; 20,000; APPROPRIATING said amount for such Qurpose;-hnd STATINS the plan.of;frtrancing includes the issuance ofbonds in the prindpbl'arWrit of$6;0,409 to f1harfcQ said ap. L pronation,and'the levy and collection bf taxes on'all the taxable real property in the i iown to pay the pnncipal of Laid bonds and the intere3ttheWo, A true co of which is hereunto annexed,was copy SECOND'AUTHORIZING.tne•IssbAnceofbcjidslhthe•pl`mcip5l.ameilrrtof$620,090' published in said newspaper in its issue(s) of pursuant to the Local Flpance-Lawof'f�eStatevfNewYorkto•fl"n"#*'saidapOopria-I s tion. .': +•' 09/06/2018 j THIRD,'DETERMIMINGandSTATIU&aafthepertodofpiobabjb4*'d ine'ss pp'liable� to the objector puipose,for which said oncis a/p adthoAzed•W-be rssged is to (10) years;the ivaeedshoff said bonds and any bond antkipbtion pgtes laiiM iri antjFlpatton i the reofinaybeapq' tit re Inn ursetheTow ndocex,kn�f4u!WSdiadeo,Rertheeffective:..•- Cust: SOUTHOLD TOWN OF/TOWN CLE dateofthisbonndd,resQhrtionforthepurposes for,*ichsa�dbdnd;.dteAuthortz';and Ad#: d00792479 the prappsed matdrityrof40 bonds w11(vxcoed five(5).years; _^� F ^r j ,FOURTH:,DETERMINING that sant bonds rid a1r86und aQp'icldation notes lssuedi in anti of said bonds and the renewals of said Will an notes;hallos, - general obligatfond of•the Town;and'PIEDGINq to%elr payment d(e.fatth arid credit ofthe'TowO; j i• FIFTH: DELEGATING to the Supervfsor the'powers and;duties as to'tlre lssuSnce; of said bands and any bond anticipation notes'jsSrteG In•antkipatign'bUkild'bondsf W the igdowals therebf,anQ SIXTH: DETERMINING tfiat.6a bond resolutwn rsYubject-'to a,permissive refer Subscribed and sworn to before me I DATED llugust 28,2018 _ . -Elkabeth A.Neville� ToWn,Slerk; This Thursday, September 06, 2018 Notary Public My commission expires ��/ f} Members: legals@timesreview.com legals@timesreview.com Lisa Finn (lisaahfinn@gmail.com) lisaahfinn@gmail.com Michaelis,Jessica jessicam@southoldtownny.gov Reisenberg, Lloyd Lloyd.Reisenberg@town.southoId.ny.us Southold Local (denise@southoldlocal.com) denise@southoldlocal.com Town Board z Neville, Elizabeth Contact Group Name: Legal Notices 1 FISHERS ISLAND UTILITY COMPANY-BRIAR PATCH CHANGE OF ZONE APPLICATION SCTM # 1000- 6.6-20.8 This proposed Change of Zone application proposes to change the property from " R-80 (Residential) to HD Hamlet Density TUESDAY, FEBRUARY 26, 2019 @ 4: 31 P.M . Neville, Elizabeth From: Neville, Elizabeth Sent: Thursday,January 24, 2019 11:39 AM ,To: Martin Finnegan Cc: Lynne Krauza (Ikrauza@suffolklaw.com) Subject: F.I. Utility Change of Zone Application Attachments: Chapter 55 P.H. Notice 0_20190124110602.pdf; Signage for posting property.doc Good Morning Martin, I have the legal notice of public hearing ready for publication. 'I will be sending it to the Suffolk Times and the New London Day for publication next Wednesday 1/10/19 for publication in their newspapers on February 7, 2019. We have discussed the requirements of Chapter 55 "Public Hearings, Notice of": The first of which is the posting of the property with a sign(s) advertising the application and date of public hearing. I have the paper sign(s) made up, but the applicant will have to provide their own signboard structure(S)to place them on. I thought perhaps you could make arrangements through Louisa Evans when she comes to the Town Board meeting next Tuesday, January 29 to take the signs back and give them to the Utility Company to post. Or perhaps you would rather send them directly to the Utility Company and discuss the requirements for posting the signs with them. The 2nd requirement is for the applicant or petitioner to send notice to the owners of record of every property which abuts and every prope"rty which is across from any public or private street from the property, return receipt requested, posted at seven (7) days prior to the date of the initial publication on the application......... The Suffolk County Planning Commission has responded to my referral and considers it to be a matter for local determination. I have their letter in the file and I believe I sent you a copy. **Attachments(2) Chapter 55 Public Hearings, Notice Of; &Signage for Posting Property Please call me with a'riv questions at 631466-6064 or 631987-2610 Elizabeth A.Neville, MMC Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 • 1 Notice of Hearin g A public hearing will be held at Town Hall , 53095 Main Road , Southold , NY, concerning this property: OWNERS OF RECORD : FISHERS ]SLAND UTILITY COMPANY-BRIAR PATCH NAME OF APPLICATION : CHANGE', OF ZONE APPLICATION SCTM # 1000- 6.6-20.8 REFERENCE/TAX MAP # : This proposed Change of Zone application proposes to SUBJECT OF HEARING : change the property from " R-80 (Residential) to HD Hamlet Density TIME & DATE HEARING : TUESDAY, FEBRUARY 26, 2019 @ 4: 31 P. M . If you have an interest in this project , you are invited to view the Town file (s ) which are available for inspection prior to the hearing during normal business days between the hours of Sam and 4pm .-- TOWN BOARD - TOWN OF SOUTHOLD - ( 631 ) 765 = 1800 , f T J ' f Chapter 55 PUBLIC HEARINGS, NOTICE OF §55-1.-Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 by L.L. No. 25-1995.Amendments noted where applicable.] §55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-2003] Whenever the Code calls for a public hearing this section shall apply. Upon determining that an application or petition is complete, the board or commission-reviewing the same shall fix a time and place for ,a.public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication of notice. The reviewing board or'commission shall cause.a notice giving.the, time, date,,place;and nature of the hearing to be published in the official newspaper within the period prescribed,bylaw. B. Applicant or petitioner responsibility,for posting and,znailing`notice:-An application or petition, initiated, proposed or requested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice.requirements set forth below: y (1) The applicant or petitioner li required to erect the sign provided by the Town, which shall be prominently;displayed,.on the premises facing each DUublic or private street which,,the property involved .fin the application or petition abuts, giving notice of the application or petition,,the nature of the approval sought thereby.and the time and place of the public hearing thereon. The sign shall be set-back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the"date of.the public hearing. The applicant, petitioner or his/her agent shall file an affidavit that s/he has complied with this provision,prior to commericement of the public hearing. -(2) ' The applicant or petitioner is required to send notice to the owners of-record`of every property which abuts and every property which is across from any public or private street'from the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested, posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area.of the subject property, nature of relief or approval involved, and date, time and place of hearing. The applicant, petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public'hearing. 55:1 05-01-2006 §280-156 SOUTHOLD CODE §280-159 any appropriate action or proceeding, whether by local process or otherwiseVay be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration,- repair, conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the occupancy of said building, structure or land or to prevent-any illegal act, conduct, business or use in or about such premises.. ARTICLE XXVIII Amendments [Amended 5-30-1975 by L.L. No.3-19,75; 11-15-1983 by-L.L:No. 13-1983; 1-8-1985 by L.L. No. 1-1985; 1-10-1989 by L.L. No. 1-1989; 11-13-1990 by L.L.No.26-1990; 12-27-1995 by L.L. No. 25-1995; 6-3-2003 by L.L. No. 12-2003] §280-157. Procedures., , The Town Board, upon 'its own motion or by petition, may, from time to time, amend, . supplement, change, or modify-this chapter, including the Zoning Map, by-proceeding in the manner provided in this article. For the purposes of this article, an amendment also includes, but is not necessarily limited to, a supplement, change, or modification. A. The Town'Board, by resolution adopted at a stated-meeting, sWI fix the time and place of a public hearing on the proposed'-amendment and cause notice thereof to be given pursuant to the provisions of the Town Law. At least 10 days' notice of the time and place of such.hearirig shall be published in1he official.newspaper. B. The Town Board, before publishing notice -for a public-hearing, shall, in a written request, instruct the Town Planning Board-to prepare on official report regarding the proposed amendment, including the Planning Board recommendations. C. An amendment initiated, proposed or requested by a petitioner, other than the-Town Board or other Town agency, shall also be subject to the -additional 'procedural. requirements set forth in'subsequent sections of this article. §280-158. Fees for petitions for proposed amendments. Every petition for an amendment to'this chapter or the Zoning Map shall be filed with the Town Clerk and shall be accompanied by a fee for administrative processing as established by a resolution of the Town Board. The fee for-,a petition for a change of zone to the Affordable Housing- District is set forth in ,§280-29A. The petitioner•shall also be responsible for reasonable and customary professional review fees relating to environmental review of the petition. §280-159. Additional notice requirements relating to petitions for proposed arnendllleli W: A. In the case of a petition requesting an amendment in zoning district classification or the Zoning Map, in addition to the notice required by law, a`written notice containing the following information shall be sent by the petitioner, or his agent, by, either certified or registered mail, to every owner of property immediately adjacent thereto. In the event 280:146 05-01 -2006 § 280-159 ZONING b §280-159 that any petitioner owns or has any interest in any property imnfadiately adjacent to the property proposed to be changed in zoning district classification, then written notice shall also be given to the owners of the property adjacent to such other property of the petitioner. For the purpose of this section, the words "owner" or "property owner" mean the owner as shown on the current Southold Town assessment-roll- The notice required by this section shall be mailed by the petitioner, or his/her agent, within five days preceding the filing of the petition in the Town Clerk's office. Proof of mailing of such notice in the form of a statement sworn to by petitioner of his/her agent shall be filed with the Town Clerk at the time of filing the petition. Such notice shall contain the following information: (1) A statement that the petitioner proposes to file a petition with the Southold Town Clerk requesting a change of zone classification. (2) A description of the sireet location_ and the area, of the property which is the subject of such petition. (3) The present zone district classification of the property.and'the-proposed zone district classification. (4) A statement that within five days-of the=notice the-petition requesting "such change in zone';district classification will be fled in the Southold Town Clerk's office, Main Road, Southbld,_New York,-and may'Hien be examined during regular office _ hours. (5) A statement that.a public hearin&with respect to such petition-must be held by the Southold Town-Board before such-change of zone can become effective; that the person to whom the notice is addressed; or his representative, has the right to appear and be heardat such haring; and that a-notice of such hearing will-be _ published in the official Town newspaper not less than 10 days prior to such public - - hearing..` , B. In lieu of complying with,the provisions-of this section, written verified waivers of notice executed by the persons entitled to'receive-.such notice may be.filed with the Town Clerk at the time of filing'the petition. -C. Failure to comply with the provisions of this section shall not affect-the validity, of any action with respect to such petition. D. In addition to the above notice requirement, prior to holding a public hearing on the petition, notice shall be-provided pursuant-to Chapter 55, Notice of Public Hearings. 280:147 10-15-2007 COUl4 lY-AND-REGIONAL -VL, NNING §239-4 §123!9=-1 COUNTY:AND .R�GIQL�il�t;,Pv1�I�iIhIG' Art..12-,R y' - 'Art" 1" :Library References (c)•impact of proposed land uses on 'existing and proposed county or state institutional or;other uses; American Digest System ,, ' ;• " Zoning and Planning«353. (d) protection of community character as regards predominant- Zoning Wi WEST�AW'ToplCNo.414. land',uses,`population density,,and the,relation'beiween residential i C:T,S.Zo13irig afid'.Land'?lanning§ 10;l7*,'8=179,183. and nonresidential areas; �t WESTLAW-Research s;•r • . '_ . • .,,. c' _•;_. I , (e) drainage; In•arcaselawidatabase', fun TO(414) or 414k[add key nrimbei'l:+fo retrieve.caret relatgdtozgningA n,dPlanning; :i (f) community facilities;, ; .A' •'M i': (g) -official-municipal and•'cdunty development policies, as may be [§§:23;9:j, 239—k:,•, I;epealed% . L.1998,•c.A51,,.§ 2, ef£, July, 1, expressed through comprehensive plans, capital peo'gram5 or regula- tory measures; and a� I Histdrical�and Statutory.Notes (h),siuch'other matter* as.may relate to the•,public: convenience, to t ;• governmental efficiency, and to the achieving and maintainirxg of a ' Section 2$9-j, relati4k to;permits for". SectigA'2239,.-k,;relating to re itatioas p i enviro ent, buildings in rights-of way or- sites'pre= for cont;61 of development,was add d satisfactory e mmun ty zlm �' �Y � served by the,of�ibial map, wad ailded,.li'y.., L,1$58;:6. -7.40;;.§ i and',.amended•by 3.'• Review coiisideratioi1g. "Iz1 i10 yvay'shall the review of inter- ! ' L:1S c.' 74 .§'L and andnded' b 'L;19;68, c. 961 1' and'L,1'980'�c.'371 L:i 9fr8, •c�X9$1`,'§"1, See;:riov�•Ge3i@ra1 i,;§ '1: .See;-nclvt,Geheral Mimicipal.LAW colrimtlnity`and county-wide considerations pursuant to the proyi; Municipal Law§'239-.q,j f ,:, , i§:239_ :; ,, - „ • signs of this sectiQn, or pursuant;to secgpns;Xwo.hun'dred,thirty-rune- m and two hundred thirty-nine-n of-this-article, preclude a county ' 239=Z: Coordiriatioln'o certain 'mu�tiici al'tonniane lanil9n planning.agency or a•regional planning council from making infor- f 'actitin� ; legi'sla ive'mterit,-'"d POT cp P "' mal comments, or supplying.such technical assistance as may be 15! Definitions. For the , oes`of tFiis ' ' •requested•by a munici4pality. S �St ctipil enc sections-two hundred thirty-nine-m "8' o-"h iir dred•fl irty-nine-r�;ti£this.article, (Added LA 97,c.'459,§ 1,eff.July 1'.098 ilie lfollio%✓n'g � }f' term's s all•apply: ,'. ,•;• �•,' �,;,•„ , •.,� r•. . ., r;,. , •�a}'•`•'Coufity; planriin.g' ager}cy" means a �Coiiaty planiiffij,p idard, Historical and Statutory Notes s . ;•: '' cdffiMis§ioh.'or•ather'age'nc"aVthor&a(bY the county l4_gisiat#.ve'btidj L•1997,c.459;legislutioh* Derivation. General Municipal Law § 239-1.'.Add- to review proposed actions referenced:for;inter cp zliriunity or,,c6jiir- L:1997,c.459,§ 4 provides: ell L.1960, . c, 1041, '§ 1; amended 1 ty-wide,considerations subject to the provisions of this section,-aiid "This act slitall take ffect on the,same L.19fi1, a 83$, § I; L.1968, c. 962, �§ 1, + sedtions two hundredths e and two hundred•thi nine-n of date,as, cha'ter'of il'c'lAws of ,1997 this article. n , , IL:1,991,;c,45•lp'eff.rylpil-, 192$],amend, Former Sections.' A'former'§•2394,relating to legislafive :;�•:.- „ ': ' '=^•',•. ing the general municipal law relatirig•to• policy and intent*as to coordination of ti ,.;(b);• ,Regional planning council means a regiotlal Tanning board county planning boards and ,regional certain municipal zo ing aiRd•planning or agency°established• pursuant to the.provisions of'thss chapter. Air.ting cdaricils and to tepeU•ceftain 'acti6ns, was gddcd by L.1960, c. 1041; ;I ; Provisions of sugh•;law relating to metro ti;:%§• il,amendecrb:`L.1961, c. 835, § 1 and 5. 2. Intent. The purposes of this.section; sections`two hundred, politan,' regional„and;-pounty planningi..L.1,968,•-..,.962, § i and repealed by thirty-nine-m and two'hundred't'hirty-nine-nz•of'this;a:tticle•shall•be'to boards• and to amend the general city L,1997, c. 459, § 1•, off, July 1, 1998. law, the town law and the village•law See,now,this section. briYlg, pertineilt �nten;poncimiinity and county=wide:,p'lanning,'`ronirig; •• relating to the recording of svbdivision • 'Another former § 239-1, relating to in- site p1ar�''amd'subdiviion,considerations to•tli'e attention of'neighbar plats, as proposed in Legislative Bill tergovernmenta] relations councils, was ing municipaiitles, and agencies haying jtirssdiction. •:Such review numbers S. •780-A ''=-A!,1478-A, takes• renumbered 'General Municipal Law ,may int;lude'.inter-community'•and county-tivide considerations+in effect."' § 239-n by L,1961,c.728,•§ 1. respect-to` 6 followirt'g•,. ; (a) ,compatibility of various land uses with one another; Legislative-Histories, (b) traffic generating characte€�tics of various land-.uses,.in rela�, 2 L:1997' c:459:.1 or Legislative, Exec ve or Judicial memorandum relating to tion to;,tkze ,effect of such, traffic,on Other,"land'usesd 't0 t11E • this law, see the Table of Contents in McKinney's 1997 Session.Laws of New Mork. adequacy of existing ani proposed thoroughfare-facilities; , - : ' •117' 116 AND REGIONAL PLANNING r §•.239—m • ; Tii•Z REGIONAL ILA�N§ 239—I COUNTY AND . herm• "referring,.bodY", shall. _ k ) .te .meanfthe city, town or village y,,respoxlsible,fqr=ina1' action'n groposed actions subject to this Americarx L•a%%4Reports Standing of municipal corporation,or other governmental body to attack zoning of land lying outside its borders,49 ALR3d 1126. g( ;'The'term `' .e full state nt•of such proposed action" shall. mean ' Validity and cbnstructioh of zoning ordinance requiring developer to` devote 4 aterials.required by and submitted 'to,the•referring body as,an '� ' 'specified part of development 'to low and moderate income hbiusipg•, 62 001cation on•a,proposed action, including a completed environmen- ALR3d 880. } i assessment form and all other materials required by such refer- t a Validity of zoning-ordinance deferring residential development until'establishment body iii order to, make its determination o£.signifi.cance•pursuant of public services in area,63 ALR3d 1184. (x ibe state•environmental quality review, act under article eight of '";envlronrnental conservation law. and 'its implementing regula- Library']References :,i �• (ions. When the proposed action referred is the adoption or amend- Amerkp&i Digest System ! tnen"t 'of a zoning brdlnarice• or local' law; "frill"statement'•of such Zoning and Planning c353. prop action'•''shall'a`lso include the'corriplete'teXt of•the proposed Encyclopedias '- ! ordiilaAcd or local'law'a's-Well-as all'existing provisions io'be'affected C.J.S.Zoning and Land'Ploning B 10,•17&, 179, 183. �i } thereby;if any,if riot already in-the possession bf the county,planning Texts and tr`eadl'es -agency or••regional•plaribixig-council. •Notwithstanding the foregoing ' 12',11YJur Zd,Buildings,,Zoning,and I:and§ 54, 111;' � Anderson, New York Zoning,-T aw and Practice (3d,Ed) Ch. 11-16,•Zoning for; grQvisioxls of this,paragzaph„any referring body may, agree with,the Particular'Uses, eountyfplarinirig agendy,•,or,regional planning council as,to what shall WSTLAW Research' ,�' xt• c4stitute`a"fall,statement',' for any,or all o£those proposed,,actions �•; In a caselaw'database, itin T6(4 145,or 4141[idd%key'number] to'retrieve cases cuhich said:refeiririg. ocly•i§'atithQrize'cl to act upon. related to-Zpning•and Planning. ;;+ .(d) ,_xhe.,term "receipt" •s,hall,mean.delivery of;a'full•statement of a such,proposed'action,;as,:defined in this,section, in accordance,with • Notts:of Decisions ",; �. the rules and,,regulations,of the Bounty•planning agency or regional, Due process 1, within,one mile of airport was.'not de-1, Review considerations,generally 2- prived of due process. Gity,of Rochester: ping coiuicil'with respect.to person, place and period of time for v.Monroe"County, 1974, 81 Misc.2d"462 submission. In no event shall,such rule.clr regiilation;def ne;delivery �i 364 N.Y.S.2d 678. so,:as to Mquire, in. delive ,or:delve m re • ,• ry � ry•;. q .than ,twelve 1, Due process" "`; z. Review considerations,generally calendar 'days, prior•;tb the,couxtty planning agency'sg;or regional Where county charter provided for ap- There was no ivani o'f p'r'oper standards pliiiiliiig 66ux cil S meeting dale.;,In the absence of any such rules,or peal to county planning.board•from deet- or criteria set up by thi§sedtidn for deet regzliations, recelpt,� shall inean.;t elivery,in Hand 6x byl,wail to the, siorls by planning 'diFector re]ating ,ta lions by,Monroe,County Planning Coun, clerk• of th'e'cDix27tty:planniilg agency or regional p1axlRirlg Council. ' land use within 6ne mile of airport,,city oil, !McEvoy;Add'ge,West Ridge,.Inc,V. whose application.to construct reRlace- 2omng Bd.of Appeals of Town o£Greece; Where delivery is"made';ir1 hand;'the date of receipt shall be-the date ;j meat swimming pool, in park located 1972; 6 -M1'sc.2d-55; 329 K.Y;S;2$:171, of delivery." Where•delivery,'is made by mail, the date as postmarked ' a shall be the, date of deli vemy; The pi'ovisidiis'of this'section.shall not § 23.9—ba. Referral, of';'certain proposed city, town •and•village preclude the rules and.regulatiox>s,of the.county.planning agency'or ' planping andzoning actions to "the county planning regional planning couneil.fron providing that cite delivery xray' be a i agendy or, •regional planning council; 'report thereon;' period_greater:than twelve daysi provided the referring body and the final action county p�anriing agency,or regional•lilaiinin9 coundil agree art writing j! 1. Definitions. As used herein: to such longer'period. (a) The,term'" ro�osed"•.as';used in•subp ara , a�hs (i) and (iii) of 2• Referral;of,pro proposed Tannin and, 'actions.; In,an •city, P P ]? P p planning g Y tY paragraph.(b) of subdivision"three'of this,'section shall,be deemed to town•or- village' which:is.,located in a' county; iyhicli..has. a• county include only those -recreation areas, parkways,. thruways, express plantiingl agency,,.Or,i.in the..absence of.a county planning agency, ways, roads or highways vi-aoh'are shown;on a county comprehen- which'is.locatecl;withiza the jurisdiction of a:regional planning council sive, plan adopted pursuant to section,two hundred tl}iri -nixie-ci'of duly created pursuant;to the provisions of.law, each referring,body this article or•adopted on air o�icial'rrmap pursuant to• section tWo } 11.9 G'i! Hundred thirty-nine-e of this article. §•239..•=rii COUNTY 'AMID REG>CONn'PLANAIIl11,p' G0.�1�AND'' R.EGIONAL,PLA�I�KING 239-rh i • Art:•lZ�fl• � •1?r�. _ �,. shall,; before takirig.final action on proposed actions° 'included-.in. 4.t County•plani i g a&&n or.•r'e'gional planning council review of; subdivisidn three, of this section, refer the.sameto such county• p5ed actions; recomrnenda ' n, report. (a) The soon plan,: planning agency or regional plaining council. ning•agency or regional planning�ouncil•shalt-'review'xny proposed :,3. Proposed actions' subject 'to referral.' '(a) The following pro• actiort;referred:for inter-com.mun4?"or county-wide considerations, ' posed actions shall be,subject to the referral,requirements of this including;but'not limited'to'those,cbnsiderations'identified in section section, i�f•they,apply to real•property set forth in paragraph•(b,)-of this two.hundred' thirty-nine.l•of this article: Such' county planning s3�bdivision: agency,or ,regional ,planning council shall recommend .,approval, (i):adoption or amendment'of a comprehensive plan pursuant-ro: modification, Qr:disapprod4,.of the'proposeci action, or report that sectidii two hundred seventy-two-a of the town law, 'section 7-722`of the•proposed•action•has,no-significant county-wide,er inter-commu- the,vi:llage•law or'secfiori twenty-eight-a, of the, general city law; Wily impart: ; (iii adoption or amendment of a_zoning ordnance or local'law; ( ) Such county'planning agency 9,r,regional pIanhing council, or (iii).•issuance of sped I-use . ' ' an.authorized,agEnt of said agenic or council; shall .ave thirty days (1v) .approval of site+plans; :1 i after'receipt of;a:fix1l, statement. of such proposed action, orsuch 'longer period"-may have been agreed upon bythe)cbunty plan drig (y) granting of use 4r area,Variances; agency or regiohi d,planning council and the refez uig body,'to report` (vi) other authorizations which a referring,body may issue under its recommendations,,to the i eferring.body,"accompanied by a state- the prbvisibris bf any:zanin-g ordinance or 1'ocaHaw:-�•-- ;Hent ,of the- reasons for�•'suc�,',recommendations. If such county '(b) The proposed actions 'set forth iii paragraph(a) of this subdi'Vi plaririing.ageri�cy'o'r.: e ioiral tilannirig°cotxne. fails:, 'report within sion shall be subject to.the refer'r'al requirements of this°section'if such'period; the•referring;body,may take final action;axt.thetpxoposed they applj�,•to real property.within•pive�lzuhdred feet of the following; action without such..re „However;,ax +'caun#yj•planning agency (i) the bbiind of' ci ;villa e or'town; or ' or'regfonal planning.couricil t'eport'receive'd•aftet thirty:days or such 1. , n - • • ' longer period as may havbeen agreed•'upoiL, but two or:more days (ii) the boundary,of any existing or proposed county.,or state park' prior to final"action by tlie•,referring.body, shall be subject to the +; or any other recreation area; oF { provisions o£subdivisioi 'flue. "this section.'' the right-of-,way of any existing or proposed county or state I - 5.• Ektraordinary vote-upon recotiimendati6n'o'f modification or parkway, thruway..expressway, road,or'highwa'y; or'. f disc royal,, If such coon lannin agency'or,'re iorial planning pP ty p g' g y g 1?t, g (iv) the existing,pr proposed right-of-�vay of any stream or,drain• council;xeGooine"A znodificati.6t' 6r'disapprori. I':of`a"proposed'ac- age chatnrel ;owned .by the county qr for which the county has tioziA the referririg'.body shall.not act contrary•to such recommeada l established channel lines; or tion, except••by a vote of,a majority'plus ozle of all.'the rnembe)fs '` !j•; (v) the_existing;or proposed boundary of any;.,quptypr' tate,owned ther5C land on which a public building or institution is situated; or 6,: k4dr'eof'final action''•''Within t1`iiity deet s after final actiorr,'the k. (vi) .the boundary.of'a farm operation located in•'an agricultural refsrrin body shall file a report of the`fixa�L action it has taken with district,,as defined by `article-twenty-five-AA of the•agrieulfure and :;` the'county.•:planning•agency or-regional planning council. -A refit. markets law;:except this subparagraph shall not apply to'the granting ring,body w,hicli acts-contrary'to a recorrimendation of modification of area variances: or. ,praIii Qposed acEion'sli 11 set fortfr.the reasons fo'r the (c)=The county planning agency or,regional p'l,'anning;council'may contrary action in such report. enter• ;into an .agreement.,-.with the referring• ;body{nor:other duly b.; (Added L.1993, c.544,§ 1;,ampuded L.1;994, c.,4-86,§§ 3, 4; L.1995, c. 418 authorized- body of a city, town-6r-village to provide that -certain § t i; L.1,996,•;G.•235, §,20; 94 4 �,§ , eff:July.i,•,1998; L.1997 c. s¢; proposed actions set forth in.'this subdivision are of local rather,'llian. L.19 '7`c,: 5 3, , p p 459,.§ 2,,e££,:July 1_,.1:998.) ' inter.-comrr�unity or-�courity-wide-concern,'•and are not subject- tot referral iznder.this-section. ' ;�1;' 120. 3 = 1ti1 l § 239-m , COUNTY AND' REGIONAL PLANNIX6, .p1 , ..,AND, REGIONAL PLANNING §239�m ArC 12-13 ;1�n Historical and+Statutory Notes; Library,References . L,1997,c,459 legislation ', L,I969, c. 835; § 2;'L.1967, c.296, § 1; ''prl ti]Digest Systenkdr ; L,1997,c,459,§ 4 provides: L.1968,c.962,.§ 1; L.1969,-9,J068,§ 1 cnjng and Plan iirig 0=.`353. "This act shall take effect on.the same L.1983, c. 324, § 1; L.1984', c. 914, § 1` 4' ' date' as a chapter of the_laws of.1997 L.1991,a 413,§ 57;'•L.1992, c,'534, § 7j $ ydlapedtas i IL,1997,•a 451,eff.July'1, 19981,amend- aiid'repealed,L.1995,c,5'44,§•;1,, "0 S' 7.orung and.Laiid Planning§§ 10, 178, 179, 183. ing the general municipal law relating toe` AdTreatises ' county plaRuiing boards and 'regional ' 'Former Sections "M 1j Ny Jur 2d;B{ril`dings;Zoning,and Land§§.48,54, 111, 117,,'123;323,327: planning councils and .to repeal'certain pt+bvisions.of such law relating to metro- A fgrriiei'§ 239-in,requiring notice,of ;:;4,3.NYJur 2d;,Declarafory Judgments and Agreed Case§'55, polfUn, regg'conal and'••courity planning -eet'taiti proposed municipal koning,_ac, Research boards• and''•to amend' the gene;al city. tions iq,be submitted:to:piannit4g.:aget, WMT-JAW • ' '•Iti+a"easeIaw database;•run'TO(414)�or 414k[add key number]oto retrieve cases law, the town law and .the village law cies, was added by L.1960,,c,1.041, §1;. :�;,:. •,,; .related to Zoning-and Planning. relating to the recording•of.subdivision amended by L.1969, c. 835, 2;,•L,1967, I plats proposed in egislat3Ye, B121 F-29b; '1;, L',1966; .962,'§ num�6fs•S, 780-A, - A. 1478-A, takes ' 9' 111p�e5 0£Decisions effect," c.1068,'§'1; L.1983,,c.324;§;1;_.L,1984 ;.,.+ ,,.r, ;• ... - :•,:, ;,.;.. . r I C.,814;§:1; 7x;1991,',C415;'§ 37;:L^1992, � ybltrary%aiiit'eapxl'eious deterinittaYions,' ;this section may be superseded by subse- Derivati'oh- c..53'4,.§ 7 and repealed;;by.,L.1993;.0 r; ntmendationsi 13`,'=`' quent� 'Charter`-amendment aiidsuch General Municipal ' Law § 239-m, 5,4'4,§ 1. See,now.this •!„c6fi*stractdaii With- tl 6Y,li 1•� ; ,amendment :authorized, Suffolk County Added L,1960, p. 1041•, §;1; :amended i`ipjsappvdl or."irioditication;;recommen• planning-commission to;disapprove and f:•;•: ! f .d'atloiis 12' in',effect veto change. -Town'of.Smith- " tghys'' toVrii:V,H,owe11� Y.1972, 31 N. .2d X65,339 • I,eglslative Histdrie& , lilodificatiori,ofxyapplication; .rec¢minen, N•Y.S:2d 949,292 N,E.2d 10. dations12 1.199,7,.c.-451: For Legislative, Executive;,or.J}tdicial;memorandum,relating tq Npc� �o f referral g y Section of the Westchester,County Ad- ` this,law, see the Table of Contents;in.1 c6 ii ey's°R1997 Session,laws of ,; enerall ••2 , min”trative.,Code°:providing 'that town lt7e'w'York. '° ' ` Overiding•gf recommendation',16,`17 board may act coniiary,to'recbmmenda- ! In$egeraI •16 tion of',coun Tannin board b simple L,1997, G• 459e;Fer:Legislative, Executive.or,'dudicial<memorandum relating to ,.geasons, 17 ty P g y p this law, see the Table of Contents-in McKinney s.,1997'$6ssio* Lm+ of 3najoXlty.`vote as.lgng as the action is New York. Parks or recreation areas 6 Eresumption•:of approval,•:recomme9da-' accompanied., by a resolution ,of' the t[ona,,11. board,which was a speoial statute enact- West's A7CKinney's FormsReasons,:overriding of,rei;Qmmendatiori ed subsequent„to this section requiring 17 vote of majority'plus one in.order for Recommendations 1Q�33, town.board to act contrary to recbmmen- The following forms appear in Local Government.Laws under General Muziicipal ' dations `o€ county"planning,board, was Law§',2 9-mi In,general- 10',•, controllin& over this section: 2.08 East ;,. i•, Arbitrary and•:caprlcious,.determina- 30 Stri et'Cotp.v:Town of North Salem I Order'to show cause for preliminary injun6tion and'temQorary restraining•brdec tions '13 ”:' in action to dW.2r'e'zoning ordinance "amendment'invalid'vv iere' county r Dlsapproval-oy modification '12- (2 'DepY 1982) '88 A:D:�d 281;` 452 planning board Paile.d`-fo•approve proposal, see LG"',GEN M.UN•§i 23940; Presucril?tibn of ap.proval 11 ; r N,Y.S,2d 902,, Form 1.. t Referralnecessity, 2 Westchester County Administrative Affidavit iri'support of motion for preliminary injunctt6h,and temporary`r'g traici;• Report'by,planning.agdncy; 14,15„ Cqde,•L;1948, c, 852, § 4�1 dealing with i ing.order inaction to declare zoning ordinance amendment invalid where In genera( 14'• zoning amedments is a special law not ' county planning board ,faded;to approve.;pto osal,,see LG,,CiEI�I`{ivIUN Tine:nf report- 15 ;•'r affectdd by"subsequent- amendments to § 239-m,,Form Z, ! "' 'Review 18 this,section dealing'wiih zoning,amend- ' .Reads and,highways T menu; Blooiii y. Town Bd. of Tov,p of j Complaint in action to declare zoning ordinance ameiidinentanvalid where coup ' Yorktown 2 De t 1981 80 2d planning'.board failed to•approve proposal;.'see L©',•,G13151<<Ig1UI�I§^139=ta S PXariapproiial•',4,•,, ,. :,.. ( p• ) . A}I ; $23, Statgment o1}proposed act M$ 4�6 N.Y.S:2d 355. „ Form 3., :.t:,, ". Ttiiie;pf,referraI'?`9 "" Westchester Coii�nty, -Administrative Judgment declaring zoning ordinance amendment invalid where county.planiiing ;`T(iuq0.14porf,_re'port'by.platiiiing,agen- ' Code.••L'.1.948,:c, 85Z.;§ 451 dealing With board"failed to approve'proposal;,'see LG;,GEN'1�II31�'§"239=riiiorrii 4. °`::' :�y,-xg c.- amendment's ib zoning plan and this sec- ' Us¢or area'variai;Ces'',5 'tion of..General,'Niunieipal Law•`+dealing Zoiii,.i:ng'r'egtilat i Aiiiericaif•Law lteports..i ns .3'` •with:amendments, azid '`the, role -of -the county planting board are,in con ict and Zoning: c'oiistruction'ancl effect of'statute`'requi=iiig that zoitingipplieatiori'be' ' `.'_ , . : , e Adininisirative.�oile;as especial law; treated'as approved,if not acted on:within specified p'eriod'of'riirie. 66 1.'Cbni#r ii ionvv1.di�of�gr Davis;•:'• is: controlling.` Broom v; Town Bd.•o€ ALR4th 1012. '1?tocedure for-county conimission,ree Town..o1•Yorktown;�2 Dept.' '198-1,)'80 piew;of towns zoning changes-sqt;forth iii' A.D.2d 823,436 N.Y.S.2d'355, 122 j 1.23 f §239—m COUNTY AND'REGIOXn.PLANNII �,O'V,I�IV AND REGIONAL,PLANNING �239—m Note t Art. •12 .i2 B dote 5 Compliance with this section, relating•. -Severability clause found in:taw effefipdt Leisure Time Sales,Inc,v:Wiring, change' woill ;affect Droperty located to the submission of notice to,a Sounty, Ing change in town'zoning regulatie . ,91 MiW.2d 633,398 N.Y.S.2d 493. �xvithin 500 feet,of-state road. Doriovan.v. metropolitan or re conal Tannin '.1 x7 P g' p g.�ency did not�provide tresis for invalidatiirg of •-'�isjativg mandate imposed'on,'mu.- �Awa'Bd,of Town-of Oyster Ba}�(2 bept, i of certain proposed minii6pal zoning ac- portions of law for•noncompliance•w' �°�" ' tions supersedes county charter provi- statutory requirement that it-be refers bodies that they, before taking$- 1988) 137 A,D1.2d 652,524 N,Y.S.2d 744, " tions. Town de Smithtown v.'Howell i- to,noun ''`•,)aciZ on zoning regulations, refer appeal denied 72 N.Y,2d 804, 532 . county planninl;,•commission for seine to county planning agency, is a N.Y•S44369,528"14.E.2d 521. Dept. 1ffir a A-31 .Y.2 330 65, '339 view,given fact that entire law was ena ,Wgition.precedent to 'final action" by Moratorium on issuance.of'building 164, affirmed 31 N.Y.2d 345, '339 ed without jurisdiction.^' Burchetta N,Y.S.2d 949,292rN•E.24 10. muntbipalities on,zoning proposal follow- permits or construction approval for a Specific Town Dd: of Town of Carmel (2 De' which municipality may, if planning one-year,period'was,form of zoning, and p provision •,of 'Westchesier' 1990) 1'67 AZ2d 339,561 N.'Y.S;2d 3( �t'" County Administrative Code requiring an' &gericy fails Lq'act within applicable 4ime thus ming procedures were required to overriding o€county.planning;board in of of decision of town zoni .p� Qa'or,approves proposal, adopt pro- be followed prior to;its,enactment, 'B & tonin matter b board of appeals,'was not. required�t .pos�l by bare.ritajoritq vote, or if pldn- L DevelopmerAt Corp._,v,Town of Green- g y mere adoption of ;`a eause:of failure of•bbard to obtain prelir ,niag'agency disapproves proposal;'adopt field, 1940, 146 Misc.2d, 538, 551 resolu'on of such (municipal) agency, inary recommendation from county pla pfgt sal by vdte of majority plus one, N.Y.S.2d 734. whidtiaction §hall. be subject to judicial SebA1:s V:Town'Bdr',of Tbwn of Cjifton Hing board, since determinations•relat Town•sign; ordinance was improperly review is inconsistent with and, hence; solely to a specific violation claimed Park,Saratoga Cdunty. 1975„83 IVlise.2d takes precedence over mot ,general pro- ;726';'372 N.Y.S.2d,952,'. vieweadoptd y' ce,pro':plan law'was Hosie- ' vision of this section re 4kfin an over- have ng, taking place and toe 'pr p 7 viewed by county',planning comrriission riding of board `by "the-adoption of,a showing that .location of rthe propel The provisions of this'section,requiring as required by this section'relating to resolution fully setting,forth the'reason mad'ep that requigrement applicabl a town board bf,zoning appeals Eq refer review of mupicipal,zoruiig "e laf ons. for such contrary action.” ' Bloom v. Frain ton v, Zonir! Bd of Appeal$ f ' an,application foi• a variance affecting Friendly Hillside Motel, Inc. v, Town of Town Bd. of To Town:of Lloyd, Ulster.County.(•3,Dei rbal property located within 5Q0 #ee't`of Brunswick, Ic,173, 74 l4iisq:2d'"1001', 3.47 }vrr of Yorktown, 'I980,, 1985) 114 A,D.2d 670, 494 N,Y.S 2d 47 •certain,bouhdaries to'the county planning &.Y.S.2d 112. 102'Misc,2d 938,'424 N.* mod-•. a en , are mandato and failure to d'o ified on other grounds 80.A.D.2a 823, ''Iit•proliertyowner%.petition challe'n , �• . "•' ry` This section applies to•original zoning . 436 N.Y,S,2d 355. ing validity of zoning.board of appeal so''is jurrsdtalonal, .and 'any action 'by ordinances,as well as;,to;'amendmen This'section supersedes Administrative amendment':tnd�'i'enewal of special u board without such referral is'nuga- ',thereto. •1970-,Op,Atty,G'sn, P tory, .even thdugh',the vote thereon'is Code of the County of Westchester§ 451 perrnit to thine'gravel"arid soil,pro�rer unanimous. 1967,' Op,Atiy.Gen. 'Qnf) Notice`of all'proposed zoning change`s regarding the riiimbe'r"• f votes•required owners failed to,establish whtdh•site r 127 in matters•ei'Yumerated' in this,sddtioit by a local planning board to overrule a object was within'500 feet from�•subje `i must'be giVeri"to''existing county,?metrq- disapproval or•recommendation 'of"the realty so as'to regi ire•that application ft Under this seetibn'ah amendment to a ;politan or regional planning agencies. Westchester CountyPlannin Board-on amendment and renewal,of pe4•mit.j zdning ordinance, providing• that the I • ", given to county* planning departmen .right to establish-A gasoline station must 1965,Op;Atty,Geri:(Inf:) 121. matters pertaining to•zoning referred ro be•conditioned on,the Issuance of-a's p' BN it, 1973,Op;Atty.Gen.(It&.)D'ec. I4. :, Clark,,*."Slietidan• (. Dept.,1984)' S i pe_ 4. Site plan a xoval , A.15-2d 211,472 N.Y.S:2d 410: i �cial•perniit•of the common council of the An ordinance of a city�may not super- " I '.cif tif.IJtica,does not dispense with the It was'�incurnbent,upori town planning sede,• this section. 1970, Op.Atty.Gen. Evidence did not•permrt;finding'as i requiremetrt;•that such:proposed permit board to zefes;site pian,to county plar1Y . (Irif.)123, whether'town referred zoning ordinanC i shall first be referred to the bounty;plan Hing'camnigsaon before it took final ac- 0county plairning commission in aceo: .I ninf agency,if such gasoline station is to tion tb-appiove'it-,'failure to comply with 19est amendment of tdi 66ction in the, dance,With thia,section governing notic' i ;bre located wifhin' 500 feet.of Certain that•mandate,which was jurisdic'onal in interest of uniformity and coordination of requirements lie eon'town"and:cannt zoning and planning actiotrs among the ••• boundaries; •1967, Op.Atty.Gen, (Inf.) nature, resulted in the approval being of municipalifi€s of the"State supersedes a Town,of.Lima v. Robe;t'Sldcurri,Entei 1,19.• no effect. Old I)o'ek Assbciates v,. Sulli-' special'act'of the Legislature relating to prises, Inc,(4'Dept ,1972)38 A D 211.50: .- t van-.(2 Dept. 49.89) 150 A,D,2d 695,;541 zditin chan'es in Nassau•Coti 331 N;X.S.2d 51. 3; Zoain :. g• g iffy. 24 �, g regulations � N;X.3.2d 569. i Op.State Compt 884, 1968, Failure to comply.with.zeferraLrequir{ Town's passage of local Iaw,prghibiting When city;`town; aitd village plaruiing ments of stetute .governing propose operation of •commerbial• incinerator' beard$ are%emp'61were'd:,'16' review site •Necessity of referral,•generaliy plarmfng and zoning apti6r;s,is jurisdit within town was valid exercisi:of l s pd- plans, simli'the plans ai'e not-reviewable Tn property owners proceeding to'•olial- tional defect which'renders-any such en Hoe power and was not,re4illred to com- by county'planning`agen6ies under this , lenge town's rezoning-of adjoining prop= actment invalid-. Caruso v.Town of Oy, ^ply.wath,General•Municipal La,W provi- section, even•thougii'siich site•plans are erty;record'did not•supp'ort_owners' con- ter Bay, 1997, 172 'Misc,2d.93, 65,', •sion requiring certain zoning laws.to be located within'the distance.provided by tentions that town board failed to take the N +S,2d 8fl9; affirarted•as'modiff'ed,67% referred to'county.plannW ,comm6lon , such section, .1977, Op,Atty'.Gen.•(Inf.) i requisite "hard Iook" at potential anvi� N.Y;S,2d 418.• for rpyierN Pcte firown Irtq,,V-7own,B4. •200, r• f ronm'ental''fmpacts of'the rezoning and , Legislative mandate imii reed upon,mu - of-,Town of Ellenburg(3'•Dept. 1,992) 188 that town.:board failed to follbw certain nicipal bodies to refer specifiecI,•zdrtint ' A;D.2d 50,591 N1 > y,.,S.2d 584,,. .,: 5. Use or.arga variance*, 1 statutory procedures:iii enacting perti- matters'to county' planning agency pi•ia, County'•planriing commission's,recom- Monroe Cov,nty Planting Council prop- nent ardi ndment to zoning code and•local to taking,final action on such'matters a mendation .arid findings .were .properly erly took judsdictioni•of.sapplit:ation• for } law, .Duke'& Benedict, Inc, v. Town of jurisdictio'nal;'•r8d aI to'planhing agen rendered and taken.under advisem6ai.by approval of business signs;ivhetherappli- Southeast(2 Dept. 1998)^ A.D.2d�, cy is.condition,precedent to•firiai action tov'n•-boax•d' in. determiniirg:'application cation was one for,spedial permit or for 678 N.Y.S.2d 343. by'municipality.on'zoning matters speci _ for change of,zone,wtierA'proposec�,zone variance. McEvoy Dodge West Ridge, 124 125 i § 239'm COI:iNrY'AND'REGIOMAL"PIANNI ': v AND;REGIO PLANNING §-239,6- Z. im Notek5 � LYL Art: Note 13 Inc. v, Zoning Bd;of Appeals of Town of 8. Statement of,p"roposed action', Greece, �1972, 69 Misc.2d 55, 329 40 mtendatipns-Tn general. Municipal I aw constituted disapproval of ,�� N,Y.S.2d 171: keferrals to couni�board and to coin•' 1VSoltroe•County'., .Planning".6ouncil is application`, Aloya v.'Planming Bd.of the- '� ty planning'boarcl%f'proposed amend-.`_ 'ye,l}�•advisoryrboard,,though.law inefe- Towti'of.Stony Point (2'Dept. 1996) 2 0 A town zoning board of appeals s�iall, .alerts to town zonif�g ordinance;'in'dicat- .' fo e5 A.D.2d 790,b46 1�I.Y:S.2d 375. defer taking final action on an area vari �tt;coordinate and itnQrove;county- ance until after'referral to a ebur Ing that town iiiteiided'to repeal' those aide planning has;changed^bormrrion-law Where'it had been resolved•by village �. ty, mer provisions 'which 'authorize 'niiilirig as Yatlttgri tide;.in.;order, :to make it;more that land-"hereby is rezoned", character- ropolitan or regional planning agency,' permitted.use throughout town and to t far mtmict,4ity.to•disregard regi ization by village of its.resolution as.one 1978,Op,Atty.Gen:.(Inf.)•Jan. 19. enact,new ro hrb which authorized d Pmendars ,,of planning-- council. made prior to taking final action was A cotmty planning board tray review mining as specially permitted%ise,only(n �1�P,Yoy.Dodge;West,Ridge,;Ina Iv.'Zonr erroneous, and hence County Planning atP application for a'variance requested those'areas where it was currently con, 1Fig fid:,of,Appealg of Town 'pf Greece, Commission.'properly deemed resolution pursuant to Town Zaw§ 280-a 24 Op. ducted,-adequately fnformed'boards of 19,72,;6�"I+lisc.2d-55;329 N.Y.S.24 I71.' to bet one filed- der -Nassau ,County State Comet.664,1968. conteril la d action to :. • ,and disc roval-having been reg- p to permit their re.' yll< Presumptlon of,approval;.r6c- istered by vote'in excess of xegtiired two- view and recommendation'-'and to satisfy 6. Parks or recreation areas ,,:oaunenciations , thirds, subsequent supplemental Bearing statutory referial requirement's;though as Iii *9Vof'fact that section'of.General result of town's'decision to enact only the Absent;;valid ,disapproval ',by county• when Commission decided to adhere*to Municipal' Lave providing that certain,- 'repealer provisions,'mitring was conduct- "platmiug:'commission. within-,specified determination was effective notwithstand- propbsetl zoning actions be sgbmitted to ed as nonconfdrming'rathdr titan as sjre- itigie;rlimiti. tower zoning, change'was Ing only three commissioners voted for county, 'metropolitah or regional agenc cially perliiitted"use at ex'sting niinin' deerped.approved.= Town of Smithtown such'sub"sequent.resolution of adherence. prior to taking final action'dfd,not define. sites; diffe'rcnce between amendments p W. Howell, *1972, 31 N.Y.2d 365; 339 ' 'Incbrliorated Village of Farmingdale V. state park or-other recreationarea"and •proposed and'as'enacted related only to N:Y :2i1:949;�921ZF,E:2d 10: + N YIS'.2d 863:t. 1962) 7 A.D.2d 655, 230 was anibigaous as to whether it encom-. legal status of use`of'curreriily;opereltwg " passed state-owned land,within a forest mining sites and was of�little relevance,io-,.• IZr =,;,Dlgapproval or .niodiflcatlpp, Action of town's principal planner in preserve)arfibiguity would be.resolved'in cbunty board,or'to town plarining board. "recommendations ' disapgroviiig the rezo ling of tract was favor of property owner and therefore Gematt Asphalt Products, Inc.v,Topvn of County' planning'•commissipri disap- not equivalent to the. planning board's location of land in State forest preserve Sardinia, 1996, ,87 N.Y,2d' 668,, 642 :�proyal,of town zoning change was inef; disapproval 'of application•'whigh would ,did,not trigger application of the statute N•Y.S,2d'-164;664�I.E.2d 1226. sfective,fdr lack of two-thirds inajoriry of require a.town board,,vote of a majority to proceeding seeking,authorizagion to entire commission :'where commission.- plus orie to override,since powet•to pass . construct.telgvision.transmission tower in ` Applicable statutes .contemplate that wis..to.'be composed of 15• members;' on zoning applications was vested solely a residence;agriculture zone. Friends pf county or •xegionaI board review and' there.were Awo vacancies, and eight of in board which roust act,as a board. Woodstock, Inc. v, :Town.6f;Woodstock make.recommendatioxis onsite plan ap•, -4 nine members.present'at meeting voted-' Weinberg v, Town'of Clar'kstown, 1973, Planning Bd.,(3 Dept.'1989) i52 A.D.2d plication in substantially, the,same form :tenvotes•were 'necessary,to,.two- . 78 Misc,2d464,357 N.Y.S.2d 332, 876,543 N.Y.S.2d 1007. and content whiclx,•is before munigipal i'maj, odty. TowA of Smithtown v. Rowell, Business owner who had been afforded agency for•final,action, and titins,.though •19,2 01-l�i:Y.2d;365, 339 N,Y.S.2d 949, proper hearing with due notice and o A county'planning board.is required to P P g p- review'tonin re municipal agency, not be obligated ;292NX,2d•10, oituni to reseAt'all of hi's evidence to g gul it}ons vvhich affect to:make multi 'le references on a hca• P ty P land within 500'Feet of state,ow4ed land p pP ,Tovfit plaiiilirig.l5oard acted�'rationally, local•zoning board'with respect'to its tion each time a revision.is made, county application for approval within,the.Catsl ill.Park. ..23 Op,State ;not on basis,oficbftjactit�e;'when it denied Pp PP val of,business signs or regionolbbard sh6uld,have opporttuti-' Cgm�pt.558, 1967. ap tlicati6n fon spec?ific permit to dperate was riot deprived of any-'of his,constitu, ty tp,rdview and make recommendations 'p p•ilty,ri ht-bf- tional,procedural safeguardg.by.this sec- dogg�6finbl;oit'owilers ro e ;on new and revised pians which are sub;, wa kti osed'as'gecesg frdiiPkenn6l 1tb tion.creating•Monroe•County,-Planning i 7; Roads and Eiighkvys stanttally different.fro m. original' ro; y g ' g p ' county,'road:did,n6t.3neet apghoable•sIkht Council-whose' adverse 'decision was If property for which' 'special permit po`sal.'Ferrari v..Town of Penfield Plan distaace.'reguirerriertts for ,intersecting binding in absence of affirmative vote of was sought was situated within 500'feet. ning Bd. (4 Dept, 1992) 1814.D:3d 149,• road, ji§tifying no additional.iisage'•of .inajarity_plus one df zoning'board'mem- of•state highway,,zoning t oard'oPappeals . 585,�I.�'.S.2d 925. _ ' right=of-way until,speed limit'was Io�4- bexs McEvoy'Dodge W,eSt Ridge, Inca v. should refer application to regional plan- eyed ori countyroad. Beck d:Gravelding Zoning Hd,.of Appeal's•of Town of Greece, ning'li'oard for,its repdrx andre 9. Time of referral . 19'72,;69••Misc.Zd-55,,329�N Y.S.2d-1,71. I (4'Deptr'1998" 247 A D:2d'"832, 669 _ dations. .D.2 v,. ,'298 . (4. Dept. .Failure to refer application for;special. M Y,S:2d•108,leave:to appeal,denied. " 1969) 31 A.D.2d'8'83,'298`298 Y.S.2d 286. permit to erect arden• 13 P g type 'apartment" •Applicatiotii:for`final'.,,-&bditiaston ,plat Arbitrary and capricious deter- City streets; designated' as "touring residences to''county"planning-board pri- ' approval was aproperly treated as-havinge. ?conations,reeoraritieiidations routes" ara not state'highways within the or',to•submission'of the matter to city beenitarned down by'seven�rieniber'town ' Fact•that city's,-application for. con- meaning of this section: O.p.State pl2nning•board was not ground for denial,' platiriing'board, even thouglrifour me u- struction ,of replacement- of swu,nrm'ig. Compt.7.4--317, of'the'appiid2 dn; 'all that'was•required , bars of board"vdted in favor;bf;approval, pool on'land located,within one mile bf it is not necessary' that all'lone changes was reference to the;'county planning one rrieinlier•:voted;,against, one•member ' airport,was denied by county.planting involving real property lying•within a•dis- , board prier to action by the zoning board• abstained,;and`one'member tvas:not prey=' director and,planning,:board.while appli, tance of five hundred.feet from a county: of.appeals.. .Shepard v. Zoning Bd. of ent;'concuirence of'•four'of'seMn�boar'd cations-made by others were.granted,d!4 highway be-referred to the county plan Appeals of-City of-Johnstown, 1982, 113 merhbei•s made'iesolution'valid actidn•of riot establish that'denial was arbitrary ning board. •.17 Op,State Compt. 75, Misc.2d•4,13;448•N.Y.S.2d'1011,•affirmed•' board, and failure of board to muster,five and.capricious where faets warranted. 1961': 92 A.16.2d 993,46.1 N.Y.S.2d 479. votes=in favor, as'required;,by General finding that decision was made reason.- 126 127 ' I -- '- -- 'AHD• REGIONMANNING §.239-m 1 , §239In COUNTY AND REGIONAL PLANNI1l�g. �,�12rB Note 17 ' Not4.43 a Art, 12-$ 1.dere county•'planning' agency, ap- specked in this•section and must state in ` ably.. City of Rochester v.Monroe CO3�}n Sales; Inc..-v. Waring; 1977„ .91•Misc.2d proyeS zoning•uaatter referred tb'.it.by the approval resolution the reasons:for ty, 1974; 81:Misc.2d '462, 364 N.X.S and., 633,398 N.Y.S.2d 493. ;.; nrbicipal• zoning body, or fails to act&-such action. 1980 Op.Atty,Gen.,,(Inf.) 678. ; ,-ithin applicable time,period,,•bare ma- June 11. , vote by municipal•body is sufficient' 15. i Time of report,report by plan. 1°njXe final action on proposal without A town boaid oQ zoning appeals con- ; 14.,; Report by planning agency—Ta gen- : Ding agency �• ort by pig agency; it is only sisting of'five members may hold a meet- 1 eral pp rig res. when;plaguing,-agency disapproves pro- mg•at'wlrich three members'are present Town board's approval.o£.rezditi to consider-the overrudin of a recorii- Both recommendations of regional'•.olutiofi by'slmple ritajoiity'vote.did not I posal•or recommends modification there- to consider of the Rockland county plan- aplhnning board with respect to proposed violate General,Municipal''Law'provision'!- of that this section requires vote ol',inajor- , i 1 chane of'zoning and statement'of reg- ' precitiding'mdnfci al a ent>''from actin Din board and thereafter at a later or g g P g y g ityp(us one'of municipal body in order to ad ourned rneetin legally rovided'for sons theref6r must Ire transmitted'to the contrary to planning agenda 's jecommen t lake final action'contrary to„planning j g g y p referring municipal agency in'written dation except by vote bf majority plus one '• agency report. Leisure Time Sales,;inc, and •properly'assembled' vote on such ! Lorin, and where county planning board of its members if agency disapproves pro. ; v, Waring'; 1977; 91 Misc.2d 633, 398 measure or through -pioper'procedures ! oral or reoomnibads' rnodiftcatiori, t+]Y.S.z'd'493' reconsider a previous vote and if four. rejeckgd•application for rezoning by writ P votes are,cast'at sucli'meeting on a prop- ten summary, ,report but railed to pot where planning-agency had reported dis- Where actions of'e to ees, of city' tyer resolution in the affirmative.-for'over- „ statement of reasoris'in writing'the disap- approval,of landowiii k's'proposal more' p]arirtirfg department and county piaur, ruling tlli; reconirAenilation aF the Rbck- proval was not.effective ail'did not,acti- than .30 day's after referral, and- board ninF departi:ibnf i -ei tending 30-day Lim- lanug the planning dation-board, f the action vate provision•that to override planning gave sufficient-consideration to reasoki• itauen for flling:,of report by county-plan- f boar'd's recommendation a majority'plus able alternatives to landawner's proposal, ning,department” vere nit binding upon is valid. 1972, Op,Atty.Gen. (Inf.) Mar. one vote'of the local'agency is required. Committee to Preserve Character of Ska. city'planning.Voir l and wher4 city plan- 20;: V Voelckers v, Guelli,'I M, 58 14.Y.2d 170, neateles v, Major (4 Dept. 1992) 187 ning boar8 repudiated late filing of such -Iii a'city having a zoning ordinance f, 460 N.Y.S.2d 8,446 N.E,Zd,764. A,D.2d 940, 591 N.Y.S.2d 648, leave to report, city planning board's simple ma- providing; that both the cornliion council t, tonin board of appeals' originalvote appeal'' denied• 82 N.Y.2d"' 682; 601 jority vote was sufficient to override rg- and the planning commission must ap- g pp N.Y.S.2d 582,619•N.E.2d.660. ort of, county planning" de'ariment on grant o£use variance to electric utility p t5 P g , P prove the issuance of a special permit, if was a nullity, where utility Ihad•been de- In view.of this section providing that if , which disapproved-bf developer's'request the county planning board disapproves prived bf an opportunity to appear,at that county planning board failed to report for'special,•j)brmit'to build apartment the alipliqation or'approves it with utodi- proceeding,and where board.lacked jug within 30 days-"or such longer period as house.' Vanderveer•v.' VanroAwendaal; ficaiions,�t oth those bodies must approve (i isdictiort to determirreythe matter until it may have been agreed upon 6y,it and the 1977;89=Misc.2d 604,392'N.Y,S.2d 216. by tha.extra vote specified in this section 3 referring agency, city •planning board Term•'county planning agency,¢with'in • -and ihusi:state in the approval resolution had,received recommendatiori'and state- could act without such re ortan 'this''section providingthat ,each munici-: the reasons:for such action. 1980, Op. {{ ment, of reasons from county planuing of extension of`,time'to un �_ fanning P y g j P,- Atty:Gen,(Inf.)June 11. it board or 30 days had passed without ty p g al boo' having urisdiction'to'issues e- department was,a•discretiorinry'fpnction, cial Uuilding permits;shall beforB taking response from that body. . Zagoreos v. C6rtklfn (2 Dept, 1985) 109 A.D,2d 281, .,as oppbsed to'a mere,'ministerial act,-so ' final actioi�refer tliem'to county planning 17. —= Reasons, overriding of.recom- 4 y. ;.that aiiy'agreiemeat-to'extension of time ag&ncy ,'ori d if' lariixin a en p m endation , 491'N.Y.S.2c1-358. roves 'ro�osal or. recoi'nmendsymod%- - �!l, for filing of report'by.county-planning P P P„ It was'unnecess for•town board,•to Town;board's failtire to wait.-for 36-. board'••cptild- onlyhove, made catibn'thereof,'municipal"body•having ar days to receive.report;from:county-plan- . coun ' men`" by include statement•-of-reasons for.actin ( ty`•pl�zuring,, depaitrnent< and city •jurisdiction shall riot a'ct'conttary to'such contrary to recommendation of county g ;•};N Hing cmmmission,asirequired by applica- planning•board,az;d•'a,'q'tions.bf errtployees disapproval of recbiitrirendatiori except'by ar3' ty i ble zonirig°•statute,before taking final acl- 'of city. plapning departmept•and county a voterof a:,rnajority plus one of-,all the ,division• of•planning and •development tion••on proposed.local'-law establishing planning aep*, tmeriVm.extendirrg 30=da mem$ers,• included- commissioner •of whete%the memdrandtun sent by the'divi- moratorium on issuance of new building lirnitatibft,i+fere y coun de planning,•,anid'onoe ''siorr piu7'sorted to approve proposed:zon- g r}ot•�bintling•;upom City ty Partnientof ]aw-'"wa modifications" but did not t permits rendered.moratorium iinvalid as planning board. V,atldegyedo y..•Vanrou- commissioner reeommended disapproval` � jurisdictionaliy defedtive,absent any indi, - wendaal, •1977, 89 ;i&0,•2d°.604, 392 of+permit city pianuingkboai d should not, suggest';>pec]fie modifications or clearly cation that moratorium'was•estdblished N.'�:S,2d 2.16.'' ' have acted contrary to`disappxopal with- and•uneiTtrivocally presFribe 'a course of pursuant.to e5c6ro]Se•.of 'town's•.pblice otit a•vote of, majority plus one of all action fir the_town to folIoiv ,prior to, ii power..•.Caruso'v. 'Town of,Oyster Bay, ,16, Overriding,of•regommendation—In merabers ot,b4xd. • Vander0eer v;Van enactmeytt of the zoning law,• ,W,pinstein. 1 I 1997, 172 Mise.2d 93,-656 N.Y.S.2d.809, gexfeml;• Rouwentia 1;l l9.73, 75;Misc,2d•593, 314$ , ;Enterprises,Inc.v.Town of l�ettt(2'Dept. ' ''' X.Y.S.2d 55. : 1,987)•13'5 A.D,2d 625„522 IcI:Y,S,.2cl 204, affirmed,'as modified•;•672•N;$.S.2d 418. - '” •,, ' Where fe' i t of bbun' ldritrfn a en- ,lanrunre town BoaYd overrode .County' •Where a city•has a zoryng'otdifiance' appeal••,idenied;'72' •N.Y.2d 80'1,' 530 p, Pn 1y P g g P g mmi'ssldh's- disapproval of proiiiditig that both the'i omriibn cotindil N.Y^S:2d 553,526'N.Ei;2•d-44, cy:zvith respect-to,-applbcation•for zoning change -In-z9nisig of iproperty;situated, 7 " f and-the'glanning'commission •must'ix ,' -Requit'ement of this 'section thait ren= f variance-referred•to.it,by municipal.zon- within 300 feet•of towirboundary,change r "mg.board of appeals was made'on•pbnt- df`1zone•:Became'fina] and•binding and' Prove the issWnde'of special permits- °so4's for'overriding modifications of cbun- ed form and did not, on its face, indicate plannizig commission•thereafter had nei- the county•planning beard'disappi'oyes typlariiYirt'g bo`tu d lie set forth,in adoptive decision disc �eperm]t application•8i'•approves itwi%- 'rdioluti, -'N-jurisdictional in nature and, disapproving, proposal or„nae they right riot power to,.veto change. mo3ifications, then,both-thecouncil and '•hence,stsfct cbmpfiance, is not compulso- approving•,same•with•riiodifidation,.bare ,Were Associates Co: v: Bear.(2•;Dept the,planning commission must approve ry arid,ndncmmpIiance will nof.invalldate majority vote by mriffiCient zoning board **1970),35 ffire& ,A, N Y,2 46981.,. 2.3- .2d :24 the application.by the.one vote margin rezoning..)31oom v.Tbwn Bd.of Town of i 'of appeals was sufficient to authorize, affirmed.,2$ N,Y,2d 981•,• 323•N.Y.S:2d •, granting of variance. 'Leisure. Time 838;272 N.E.2d'338•. Y29 128 § 239—X11 . COUNTY AND REGIONAL JtANNI&- Note 17 ArE.'12$ KEG)lONAFr,;f'LANNINC §-239=1 ., Yorktown'(2 Dept. 1981) 80 A.D.2c1 823, zoning"•matter pursuant.to WestcTie"sttr' 436-N.Y.S.2d 355. County Administrative•Code, claimed ne• �1,gns•of 13.oara'-,Pf 2:oning-Appeals,., ,County planning board's recommenda- &diriance which rezoned appellalas"- cessity for'town to comply with'rdquire. -Pg•,variances contrary to ':recoon� tion on pi oposed•domed-stadium was not 11-acre parcel of land from residential to. trent of this section by getting forth."tea- ejlliation bf Co"uiity'.Plalinitig Coirimi§Z bindingnor-final-b-�tcould be oveirldden planned development extraordinary was sons for-its acti6n iri•overriding boiWil,ia #;of};.based..upon, Board's failure .to •by vote of city planning abmmission:and void, where the proposed amendment adoptive'resolution was obviated.1Bltioitn ct+mpV;With majority,plus;one,vote re- p thus,such determination, since' adviso was not approved by the county planning v.Town Bd. of Town of Yorktown, 1.980, titieWegt;• Board's ,failure .to 'comply rY 102 Misc.2d 938,424 N.Y,S.2d 983,mod• 9•�m''�y1�,111 Ari.y plgs,one•vote requirement. •°my and not final,could not be reviewed department, where the city 'planning, "'. in Article 78 ' roceedin beard failed to state the reasons,fQr its tried on-other grounds a0•A,1),2d 823, PO�s used juRWicti6naf defect: South. P g.' 'Rickett v, approval, and where the amendment,was 436 N.X.S.2d 355. 8}ioife+Audubon Soc., 'rna,•,v, Board* of •kack>arth, 1979,' 98 Misq.2d• 750;•414 not supported by any evidence flint it _ �iilpg Appeal§;of Tows}-'of_Hempstead' N.Y.S.2d 988, affitzned in part, modified 18. Review (7,.Dept. 1992) 18-5 A.D:2d 984;- 587 in part on.other grounds 69'A.D.2d 222, accorded with the city's existing on evoly- H y,S,2d 29. 418 N:x:S.2d 827. ing pians for development of'the•'area. Direction by the court that town su;?er- 1-iele v. CIV.of Utica (4.Dept. 1978) 61 visor and•iown board rezone premises•ijt A,TJ;*1885,403 N.Y.S.2d 374.' accordance with majority vote did not '239+'n. .Referral of certain proposed, subdivision plats 'to the Where county planning -commission constitute an encroachment on legislative eoiuity,�lanning agency or regional p'' ning COl}iiCil; functions as followin determihation that ; made certain recomtt�endariolts in,repott g re�tirt`thereon; Final action '• -' filed with town board,board violated this county planning board 4ecbmmen8ation section,by adopting,resoluf ions of.intent against rezoning was ineff&tive to trigger [Asaddedby L.1968, e, 96.2. Ste, also, Genel;al MUnici al to rezone and rezoning without stating the majority plus one vote requirement ' "Law y'`�39—n, 6n 'Ailicle' '12—C• bjt4Y ovet72tytet21a1 Relations` reasons for its failure to incorporate these for a contrary•declsioti,�all'that retnairied g recommendations, Bliek v. Town of was ministerial, conduct, Voelclters;v, I CounCils,dost) Webster, ,1980, 104 Misc.2d 852, ,429 GttelIi, 1983, '58 ,'N.Y,2d 170, 460 N.Y.S.2d:8,446 N.E,2d 764. 1., 2�efinitions: As.used lie' in: N,Y.S.2d 811. fie r Rezoning of property ^from, C-1 There was rio•judicialusurpation of.ieg• (a) The term `proposed",,as,used in,sub. aro a: hS it alid (iii) Of Aanned Business District to.CRS-Region- islative function of town board;concern• p p. al Shopping Center'bisinct was jngt in- ing rezoning where Article.78 proceeding Pa? r aPh ( Of Su dxViSion tl}Iee ,Q this,SCCtioII shall be deemed to valid for failure of.town to comply with brought up,for review only supervisor's iaclude ,only those. recr-eatioii areas, parkways, ithitiways, express- this section by setting forth. reaspns in ruling to effect that -majority plus one. ways, roads or highways which are shown on a county..comprehczi; adoptive resolution,for overriding r odifi- vote was required in view.of recomitien �' i y ty P g p g agency. g sive 'plan adopted pursuant to subdivision `,seven of, section two cations made b coup lannin 'board dation of county lannin a ertc .a ainst �.. i where governing statute was not this sec- zoning change and the counts'dj,d,not hundred thirty-nine-d 'Of"i its:article',`or S'hO*i'on ani official'map tion,but Westchester Countx.Administra- pass on propriety of the prQposed'cliaztge ad'opted'.pursuarit to seCtiCll two htitn'dred unit ty-titre-e of this article, tive Code,.L.1948, c. 852, § 4S 1 merely but only determine5l'that county boards n'. requiring town to adopt a resolution in recommendation was not effective; thus ,�) The'term "undeveloped P1 requiring mean those plats already order to override,hnodifications trade:by requiring only majority vote'fCr approval. voelckers v.Gdelli, 1983,58 Kt2d•.176, j flled:in the 'office;of;�}le:clerk of•the,'county-in .which such, plat is county planning•board. Bloom v. Town. loeafed•where•tweIn er.cent or more of the lots:within the prat are Bd. of*Town of X6rktown, I960,,102 460'N.Y.S,2d 8,446 N.7;.2d 764:' :• _ ty,P „ Misc.2d 938, 424 N.Y.S.2d 983, modified Objectors' claim could naye:•ljpen•re• tiliiniproved unless.existirig eondititins,'such �s poor drauiage, have, on other grounds.80 A.D.2d.823,•436 solved in Artic1e.78 proceeding arid;thus, i prevented their develbpment., ' N.Y.S.2d 355. 30-day statfitoty,lhnitations period for +• County planning board, having chosen ' Article 78 proFeed'mg seeking judicial re- -The tern,"teferiing body'•' shall mean the 'City, town or lriifage_ i to•res and to referral made b town in view of town approval of special use ee- r, p y pp p p bOdy`aufl1011zed by,:a triu�iczpal,�egislative,,body,ta approve,pretimi�.- respect to proposed-zoning'change pursu- mits applied;to claim, in which objectors n °r final., lots,0i-t0,; ' P rove the,development develo went of undeveloped respect t to pro County Adritinistrafive sought to annul special use pi;rinits for plats an Pp p d 1; Cdde'rather than pursuant to this sebtioit, construction of cellular telephone' tower P d/or':plats already filed Ail the. office. oR the County,clerk. coutd not thereafter impose sanction df and utility building'ori'ground•that town Z,.' Referral.of r0 osed' la ,'y ' illegality•of'•'rezoning'upon Town for fail• planning board lacked jurisdiction-to•Is• P F p ts:"Fn any city, town or village'which ure to comply with requirement of this sue permits due to its failure,to comply ' is located•in a'bb�nty which,has'a County'planning agency authorized ty g • ,{,,, section that reagons for action of towri in with statute requiring referral of zoning by the court� le islative body'to review preliminary or finalTats'Or 1 overriding,board beset forth in,adoptive actionto a s 'to county,. an,,metropolitor-re. p ;•°' resolution,• Bloom v, Town Bd. of Town gional .planning agency., Stankavich v. pprbve the 'deVslbpment of'=&=eloped plats, the Clerk of the ` . of Yorktown, '198,0, 102 Misc.2d 938,.424 Town of Duane$6urg Planning..Bd. (3• municipal planning agenc , u on recei t of application for prelizni� N.Y.S.2d 983,modified on,ot,hgr grounds Dept. 1998) 246 A,D:2d 893„ 667 nary •anc6 final:,approval of'a•subdivision•'"plat oz 80 A.D:2d�823,,,436 N.Y.S.2d 355, � ;N.Y.S.2d 997.; develop P proposal to 'i :. Iop ari un&Vialoped plat and%r'•plats'already filed in the office of 'Once county planning board'opted to Statute of limitations.did not pidelude p y p proceeding 'to review deter- the:county clerk,.;shall :refer,, certain of such .plats to the. coilnty respond,to referral b town'in res eat't Article 78 planning agency. I. ;the atisenCe of a, county planning agency,'the 1.31 . NY Jur.•2d; Counties; Towns, & Municipal Cdrp. § 714; Powers, Functions,' and Duties—Regional Planning Councils.- e ' Treatises and Practice Aids ' 11ri i�T�7�T �C I New York ZdYiing'Law and Practice, Fourth• ditidn § 9:08, Regional Planning Cour- 1Y1C1111V!v, Y,�7 cils-Comprehensive Plan;Preparation atiil•Adoption. ;N6w YQi,k Zoning-taw'and Practice,'Fourth Edition 9d2, Official'County Map; f Establishment and Fdrpose- Change in,County Map. �T �j e INaw York,Zoning Law and PFactice'Fourth Edition'§ 39:03,'Ordinances Establishing C Q 1 S'O' D f E,D LAWS :I Amends fent Procedb es;_Cities=.Towns.NN - ! �,r�-�'� 239-1, ..CQozdination of certain municipal zoning and planning 1�7i 1 l'r, actions; 'legislative intent and poli6y Research References Encyclopedias �)c NY Jur.2d,Buildings,Zoning,&Land'Controls§ 84,Coordination of Certain lylumcip�l BO•®k 23j Zoning and Planning'Actions; Referral of Certain.Proposed Planning aid Zoning V% ' ' i 'Actions. . General'�Iul�cT—al Law Forms ' McKinney s Forma, Selected`Consol. taw,Envt'1,Conservat'ion Laws-'§ 8-0101 et. seq. §-§ 2.10 ,io 69'9 Form 14, et seq.•Form 14, Petition-in Article-78 Proceeding to Nullify Action'-'bf Town Board in Rezoning'Vaeant Lind. , . , _ Treatises and Practice Aids ;'Anderson's American Law'of Zoning§ 24:13,Review'of Municipal planning Decisions. New York Zoning Law.and Practice,;Fourth Edition,§ 9:09, Regional Planning Coun- cils—zoning; ountitsZoning;Legislative Policy. / .'New,York Zoning Law and Practice,Fourth,Fditi4§ 25:09,Referral. 2.00 , Ndtes of Decisions . ca miadtive JPO'cke%1�y,p�wt-• rJ 07; Review considerations,generally involving validity of legislative act which Id'' City's alleged failure "to 'comply with was reviewable in a'declaratory judgment General Municipal Law requirement of re- action., Ernalex Const. Realty Corp. v, Re lacin rior ocket art, 'Supple'mentin „�i •.ferrih munici al 'zoning ordinance to p g P Pg'- P g City of Glen Cove (2 Dept. 1998) 256 ' ''1999 maixi volume county planning agency before enacting A,D.2d 33,6,681 N.Y.S.2d 296. Declarato- the-ordinance was'not mere procedural a irregularity but was jurisdictional.dbfeet ry Judgment c ,129 ` k § 239-m. Referral of certain proposed 'cit;, towlln'' and village i . plarining and'zoning actibns to the county planning' Current Through the Laws,of 2008, chapter,638 ",_', jj' agency or'regiipnal planning council;• report thereon; • , '' of the'231st'Legislative-8efinal actionssion ``� - ' ',� • ,• , '• ' ' Law Review and Journal'Gommentairies - " RECENED Zoning and Land Use. Tozzy Rice,55.Syracuse L.Rev.1395,(2005)., 'Research'References • ;Via':,. :.^:c ., '. .• ALR Library,, 66 ALR.4th 1012, Zoning: Construction and Effect of Statute Requiring that Zoning' {� Application be Treated as Approved If Not Acted on•Within'Specified Period of �oiytli A Town Clea. �. Ency opedias' ~= NY,Jur•'2d, Article''78 & Related• Proceedings `§ 149, ]Effect of Special Statutory Provisions; Provision Requiring Commencement of Proceeding Within Shorter T9-A®M�•®!�$ I I Peribd,of Time. ; NY Jur..2,d,.Articl6,78 &'Related Proceedings §i 243;Counties; County Boards and *� Officers. WEST' - 1 52 Mat #407M913 121 j NY Jur,2d;Buildings,Zoning,&Land Controls•§ 84„Coordination of Certain Municipal,• r ,; New York Zoning Law and Practice, Fourth Edition § 3:23,.Voting Requirements; Zoning and Planning Actions; Referral of Certain Proposed Planning and Zoning Towns-tillages. , Actions. " New York Zoning Law and-practice, Fourth Edition § 3:24, Voting Requirements; .NY Jur.2d,Buildings, Zoning,& Land CoVols§ 182,by County Planning 9gency or To es,-,,. Regional Planning'Council. a ; . . ', !. . New.Yprk 7gning;Lavv and, Practice,Fourth Edition§ 3:31,Power.to Amend-Planning N� Jur:2d,Buildings,Zoning,&Land Controls§ 197,Role of Prig Agencies, i Board$':.:; ; NY,Jur.•2d,Buildings,Zoning, & Land.Control§ § 434, Generally;Statutory liequii e- New York•Zgning Law and,Practice,Foiirth Edition§_3:32,A pendment.Procedure. ments: New-York Zoi"&,Law and Practice,'Fourth Edition'§�4:07;Coordinating•Preparation of NY Jur-.2d,Buildings,Zoning,&Land Controls§ 435,Who Must be Noti$ed. NY Jur. 2d, Buildings, Zoning, & Land Controls § 437, Content and Sufficiencyof' �. New York Zomng•.L•aw•and,Practice, Fourth'Edition'§•4:17, Interim'or Stop,Gap Notice. • Zoning.' t . NY Jur:2v','Buildings, Zoning, & Land Controls § 444, Referral Before Taking Final New York'Zoning•Low and Practice,Fourth Edition§ 4:22,Conflict With State Law. Action, New.York'Zoipn Law.an Practice'F NY Jur. 2v', Buildings,•Zoning, & Land Controls §�446, Voting Requhements-Where, b' d oltith Edition§ 41:2,Town Ordinance Concern- Matter Has Been Referred to Planning Agency, ing Zoning Board of Appeals, " NY Jur.2d,Counties',Towns,&Municipal Corp.§ 91,Adoption of Local Laws Affecting J New York Zoning Law,and Practice, Fourth'Edition § 8:11, powers and Duties of Prior Legislation, Plaiining•Boards: ' NY Jur.2d,Counties,Towns,&Municipal Corp.,§'250,Health and Sanitation, New York Zoning Law and Practice,Fourth Edition,§ 8:15,Voting. NY Jur.2d,Countig Towns,-&Municipal Corp.§ 306;Power and Duty,of Coii U, New York,�'oning Law.and Practice,Fourth Edition.§ 8:16,Other Referrals. NY Jur. U. CounMeii , Towns, & Municipal Corp. § 687, Judicial -Review of Acts'of i New York Zoning Law'and Practice,Fourth Edition§ 9:06,Powers'of County Planning Municipal Departments,Boards,and'Commissions. ' •' 1 i 'Boards, Regional Planning Counoil,9;-CQ1leotion and Distnbution of Information. .NY Jur, 2d,.''Counties, Towns,. & '.Municipal Corp. §•713, Powers, Functions, and j ' ' New York'Zoivng,taw and`Practice, Fourth Edition § 9:Q9, RegionAl Planning•Coun- Duties-County Planning Boards, cils--Zoning,Legislative Policy. NY Jur.2d,Counties,,-Towns,&Municipal Corp.§,724,•Powers and Duties.' New'Yoi:k-Zoning Law and Practice; Fourth Edition §•9:10,Regional.Planning.Coun- NY Jur.2d,Counties,Towns,&Municipal Corp.§ 784,Generally;Creation,* cils-Zoning;Review of Municipal Action. NY Jur.2d,Counties,.Towris,&•Municipal Corp.§ 755,Members. New York Zoning Law-and Practice„Fourth Edition'§ 12:02,Zoning and Telecommuni- NY,Jur,2d,Parties§ 106,Proceedings.Involving Governmenital Agencies and Officials. eaiaons Regulation. ' NY Jur,2d,Water§ 255,Generally;Reservation of Vocal Jurisdiction.. New York'Zoning Law and Practice,Fourth Editibn§ 14:03,Agricultural District.$. Forms New York Zoning Law and Practice,Fourth Edition§ 19:02;Subdivision Defined. Carmody-Wait,2d§••19:63,Necessity of Primary Responsibility for Challenged Policy. New York Zoning Law and.Practice,Fourth Edition§ 19:24,Approval,and Certification Carmody-Wait,2d§ 145:262,Parties Who Are Not Necesdary. of Final Plafs-Referral fo•Coun£y.or Regional•Planning Agency, Carmody-Wait,2d§'145:1458,Defects in Zoning-Bodrd.Proceedings. New York Zoning Law,and Practice, Fourth Edition § 20:10, Federal Development:, -Carmody-Wait,2d§ 145:1479,Review of Legislative Action., Arlington Heights':.. r; Carmody-Wait,2d§ 145:1488,Special Use and Building Permits. ,` Nevv,York Zoning Law and Practice,Fourth Edition§ 25:09;Referral. McKinney's,Forms; Local Gov't,'General Municipal Law•§ 239--L Fdttn•1, Form for New York'Zoning,Lawcand•Practice, Fourth'Edition § 28:09, Parties Who Must be Actions Subject to Review, ` '-Notified, McKinney's Forms,Local,Gov't,General'Muiicipal Law§.,289=M Form 3,Complaint 11 • New'York.Zoning Law,and?xactice,;Fourth.Edition§ 28:11,Content of Notice. Action-to.Declare Zoning Ordinance Amendment Invalid Where County Planning New;Yorl Zoning Law and Practice,-Fourth,Ediiion§ 28:26,Required Majorities,- Board Failed to Approve Proposal. New,York Zoning Law,and-Practice, Fourth Edition § 28:37, Referral,to County McKinney's Forms, Local Gov't, Village Law•§7-,7'18 Foim'1, Resolution Acting-on 1.":'Planning Agency or Regional Planning Council. Village-Planning Board Recommendations. New_York Zoning Law and Practice, Fourth Edition § 30:11, Notice to the Public, McKinney's-Forms, Local Gov't,Village Law.§,•7-725- Form 1, esgliition,Calling for R ;''Applicant;and Regional,Plkn"g Council. Public Hearing to Consider Adding Installation of Telecommunications.Towers to New'�Yor1s Zoning Law acid Practicer Fourth Edition § 30:12, Notice to the Public, Category of Special Use Pernuts to Village Zoning Law. McKinney's Ftorms, Selected Conpol. Law, Envt'1 Conservation'Laws.�,8-0101 et. seq... Applicant and Regional Planning Council-Notice to'Adjacent Municipality. New:Ybik,•'Zoning 'Law' and•11•actice, Fourth Edition § 30:14, Contpliance• With Form 10, et seq.Form 10. complaint in Action Challenging Rezoning of.Area-,6f SEQgA-Decision. •' ' Land from Residential d Light Industrial, New Xork.Zoniir Law,and Practice •Fourth Edition§ 33:13 p MclCinney's"Foims, Selected ConsoL Law, EniitR Conservation Laws § 8-0101 et.,seq. g , ,Indis ensable Parties. Form 14, et seq. Form.14:Petition in Article 78 Proceeding to Nullify Action of New York Zoning Law and Practice,,Fourth Edition§ 3314,time Within Which Article Town Board in Rezoniirg Vacant Land. 78 Prodeedings Must be initiated. McKinney's Forms, Selected Cbnsol. 'Law,-Envt'1 Conservation Daws §'8-0101 et:seq. New York•Zohing•Law'and Practice, Fourth,Edition.§ 35:01, Declaratory Judgments; Form 15,et seq,form 15,Affidavit in Support of Petition in Article 78!Proceeding Ava:l bility,of 1W4edy. - to Nullify Action of Town Board in Rezonfng,Vacant Land. New York Zoning Law and Practice,.Fourth Edition§ 39:03,Ordinances Establishing Treatises and Practice Aids Amendment Procedures;Cities-Towns, Anderson's American Law of Zoning § 32:4, Statute Requiring Referral to Regional Planning Board, Anderson's American Law of Zoning•§ 24:14,Zoning Decisions. 'New York Zoning Law and Practice,Fourth Edition§ $:12,County Planning Agency or Regional Planning Council., I New York Zoning Law and Practice, Fourth Edition § 3:22, Voting Requirements; Town's. 53 54 i' town, did*not fail to provide the agency ' sale of spring water for non-potable pur- , Notes of Decisions �� with• all statutorily required materials,- poses, and did not involve the bottling of urisdiction 19 ment°denied 7,N.Y,3d 922, 827 N.Y.S.2d' where, at•time of -its,recommendation; water at any location. Woodland Commu- lori'toriums 21 691, 860 N.E.2d 993. Zoning And Plan- I agency had.before it all the studies and pity Ass'n v, Planning Bd. of Town df ;squired materials 2.5 !ung 0-431 that the board c6nsid&ed Sh'andaken (3 Dept. 2008)•,62 A.D.8d 991, tanding to challenge. 17.5 "Village'z6ning board of appeals' failure in issuing-Its resolution, Basha Kill'Area 860 N.Y.S.2d 653: Zoning And,planning ufficiency of evidence, 20 to comply with statutory requirement that Ass'n v.-planning Bd. of Town of Mama: �431, determinations 13.5 it refer to county planning agency or re= liating(3 Dept.•2007)46 AAH 1309; 849 gfonal planning council a proposed area N.Y.S.2d 112.- Zoning And Planning't� Town board's submission to county variance which would affect real property 438 ,,. planning board of proposed zoning Construction with other laws' within 500,feet of boundary of adjacent, eHanges, along witlY draft generic envi- Validity of moratorium on issuance of tO`n was not mere procedural irregulari- 3. Zoning-regulations ionmental impact statement (DGEIS) wilding permits for multiple unit dwell- ty, but was jurisdictional defect involving. City zoning'ordinances, which'did',not prepared by waste facility that requested igs was not dispositive of which zoning, validity of a,legislative act, and thus an-, list school as allowable principal, accesso- rezoning of 75 acres of its property to aw applied tom particular' application. ,.nulment•of board's denial•of area variance ry, or special'permit use in commercial construct new hazardous waste treatment tonsvalle v, Totman (3 Dept. 2003) 803• was warranted. Lamar Advertising of district§,'denied•educational institutions facility, contained*requisite full statement 0.2d 897, 757 N.Y.S.2d 134, Zoning Penn, LLC v. Village of.Mar;Ahpn (3 opportunity to apply for special use per- , of proposed zoning action so as to comply end Planning a 376 Dept,2005)24 A-D.3d 1011, 805 N.Y.S.2d mite,and thus were unauthorized and un-„ with applicable general municipal .law; 495. Zoning And Planning-18-531 constitutional. Albany,Pxeparatory.Char- • DGEIS was adequate substitute for com- Necessity of refe 1,generally Proper noticA of proposed amendment ter School v. City'of-Albany,* 2005, 10. lileted environmental. assessment fgrin Caivso v..Town oyster Bay, 1997, law prohibiting new mining activi- Misc.3d 870,805 N.Y.S.2d 818,affirmed as , that was"required, Fleckenstein v.Town ,72 Mise.2d 93, 656 N.Y.S.2d 809, [mai; ties was not given'to all municipalities modifned'81 A.D.Sd 870,818•N.Y.S.2d 651. Of Porter And Chemical Waste Manage- +olume) affirmed'as modified 250 A D.2d -within 500 feet of property- affected by Zoning'And Planning e=.76 ment, LLC. (4 D'e'pt. 2003) 309 A-D.2d i38,672 N.Y,5,2d 418. ' amendment, and thus law was invalid;,to 'City law regulating height and location 1188, 765'N.Y.S.2d;128, leave, to appeal - -General'ordinance eliminating require- cal zoning,code provided that town board of telecommunications'toWera was'zoning denied 1,N.Y•3d 509,777 9.Y.S2d 18,808 hent prohibiting city.council from acting hadto such notice at 10ast 10,days' ordinance, that city was,required;under N.E.2d• 1277.+ Environim2nt6l•Law. ct- :ontrary.to recommendations of county • -prior to.date of public hearing. Dalrym-• r General Municipal Law,to refer•to apprb- 606; Zoning And Planning 193 planning board•and substituting a sunple ale Gxavel and Contracting Co.v, gown of priate county planning agency ok regional ' majority vote for approval,of a project ,Erwin(4 Dept.2003)305 A.D.2d 1036,758 �' planning council `for review prior to its 5.• Use or area variances contrary to, board's- recommendations •Iq•Y•8•2d.755. Zoning And Planning G j enactment; rather.'than a lawful'exercise • • 'City planning board;in considering site squarely fell within General• Municipal 195 3 oP in" 's polder. Indepen- ' plan and parking plan in*connection with Law requiring that all zoning actions and-' ,Town,zoning board of:,appeals' alleged dent Wireless One Corp.v:Town of Many.' • application'for pe;m;ssion to. construct amendments affecting real propert with failure,to comply with the statutory re- land PIanning Bd„2002,191 Misc2d•168, 'house of worship,was not required to take in 500 feet from,the boundary of any city, quirgment that it refer to the county plan- 738 N.Y.S.2d'829;` Zoning And Planning ,account of potential'growth in applicant's village, town, 'or existing or proposed, • ning agency or regional planning council a i2=133 rnembeiship,'or pogsibility that applicant county or,s64 park or road,.be referred proposed action which would affect real might'reuse its existing'hearby facility to the•county•planning board,for,review, roe within 500 feet of•the,boundany 4.. Site plan approgal for religious and therefore cit defendants' failure to property Purposes, where board was Y of adjacent town was nqt a mere rote- Town planning-board's measureiinert:of.. refer ordinance to coup lannin board P not lead agency, <nl'y involved agency. t3' P , .g .dural irregularity,,but was a jurisdictional 500-foot distance from boundary.of state- was a jurisdictional defect rende'rin Its � Y y Rochelle( ' Planning 24 pf City 9 New g, defect-involving thevalidity� of a legislative owned recreation area; used in,;determiti- g tY Ln . Rochelle(2'Dept.,2005)24 A.D.Sd 790,'809 �. enactment invalid;by its very terms,ordi- ,act. Zelnick v. Small (2 Dept. 2000) 268 ing whether corporation's ,proposed use N.Y3,2d 113, leave to appeal denied 6 nance affected a'chainge in the regulations A,D.2d 527,•702 N.Y.S.2d,105. Zoning , was subject to review by the eognty,plan N.Y.3d•713,.816'N.'t'.S.2d 749,849 N.E.2d applying to all real property with the city, And Planning a 358.1, . ring board, was•not irrational or unrea- and necessarily included real property sit g sonable,,where'measurement was taken. '•972. Zoning And Planning«`388 City's alleged failure to'comply with from a road-side truck turnaround, Which. ' While'religious institutions are not ex- ' uated within 500 feet of boundaries;areas, General Municipal Law requirement of re-' and roadways. Annabi v. City Council of fig municipal zoning-ordinance to was the-closest of the•proposed• uses, empt from local zon,Ing•laws,greater flexi- City of Yonkers (2 Dept.2008) 47 A D.3d county p is in tip agency before enacting along•an existing,nearly straight'roadway bility is required in evaluating.application 850 N.Y.S.2d 62, . Zoning And Plan' '•the ordinance was not mere procedural leading dh ectiy to the recreation area en- for religious use than application for an- 856,hing a 133 '- irregularity, but,was jurisdictional defect • trance., Woodland Coinmunity.Ass'n v,. other use and every effort to accommo- Town planning board was not required, involving validity 6f legislative act which Planning Bd. of Town of Shan6ken (3 date religious,use;must be.made. Rich- to submit Parts 2 and 3 of full environi- was reviewable in a declaratory judgment Dept. 2008) 52 A.D.3d.991, 860;NX.S.2d mond v. City of New Rochelle Bd. of mental assessment foam (EAF) to county• action. Ernalex Const. Realty Corp. v. 653. Zoning And Planning t�481 Appeals on Zoning (2 .Dept. 2005) 24 planning board as part of"full statement City of•Glen Cove (2' Dept, 1998) 256,, Water collection and transport -proposed . A D,3d 782, 809 N.Y.S.2d 110. Zoning of[the]proposed action";county planning- 4-D,2d 336,681 N.Y.5.2d 296. .Declaiato- by corporation applying-for site-plan ap, , And PI.anning 2-288 board had in its possession the-&ame ma- ry Judgment a 129 proval was not a special;permit use; and 'Determination-of city's zoning board of tenni that town planning board was con- therefore town zoning•board of.appeals 'appeals granting several area variances to sidering in making its.determination'Of 2,5.. Required materials (ZBA), rather than town planning board; ,.congregation seeking to construct syna-, ' significance. Batavia First-ex!rel,Wilkes' ' Town planning -board,*in referring to was required,to determine whether-'use gogue was rational and not Fbitrary and ' v. .Town of Batavia,(4. Dept. 2006) 26 county-planning agency a manufacturer's. ' could-be permitted as a"'similar use"un- capricious, where synagogue was,permit- A.D.3d 840,811 N,Y.S.2d 236,reargument ' application for site pian approval and.a der town zoning• code; town zoning code 'ted ab of-right in releJant zoning district, , denied 28 A.D,.3d 1257, 813 N Y.S2d*694, special use permit in connection with its identified relevantspecial.permit use ap.' Richmond v. City of New Rochelle Bd. of'r leave to appeal denied 7 N.Y.3d,709, 822 plans-to build a mushroom production'and' 'hwater bottling and related•uses,'.'and the• Appeals on. Zoning (2 Dept.,2005) 24 N,Y.9.2d 757, 855 N.E.2d•1172, reargu- processing facility on a 48-acre parcel-in use proposed by corporati6n'involved the A-D3d Z82, '809 X Y.S.2d 110. Zoning 55 56 AndPlanning.-*- 503;,Zoning And'•Plan- 474, 710 .N.Y.S.2d,.605, leave to appeal of Town of Riverhead,2004,2 N.Y.3d'766,. Fiume v Chadwick;2007, 16>Usc.3d 906, ' ning-e=508• denied 96 IQ;X.2d-705, 723 N.X.S2rJ,131, 78.0 N.Y.S.2d 505, 813 N.E.2d 585, Zod-` 840 N.Y.S.2d 278, Zoning And,Planning'' 746 N.E.2d 186.' Zoning',And 1 fanning a ing And Planning « 570; Zoning And 0='534,1 6.-Parks or recreation areas 193 Planning G'582.1 State-owned lake was not a"recreation•°% - The determination of a' local'zonin � 9 Jurisdiction area'•'within meaning of section of General 4. Report by planning •agency-In board i l s entitled to'•great doference, and Town planning board lacked junsdiction Municipal Law requiring referral of.vari, generawill be sustained as long as it has a ration to approve builders"site plan and grant' ante request to county planning board Caruso v. Town of Oyster. Bay, •1997, al basis, is not arbitrary where the property is located within 500 172 gisc.2d-93, 656 N`,Y.S.2d 809, [main and,is supportedand capricious, special wetland permit to builders, where volume affirmed as modified 250 A•D.2d by substantial evidence.' board failed to refer such platters to the feet Ass' rear. area. SBd, of Adaga Park 2 North Shore F,C.1., Inc V. Mammina 2 .count lannin 639;672 N.Y.S.2d 418° .( Y p g 'commission, }rid county Civic Assn Inc. v°Zoning Bd. of Appeals Dept. 2005) 22 AD.3d 759, 804 N.Y.S.2d administrative code'required such refer- of•Town of Northampton (3 Dept. 2002) 15. —'Time '-of ieport, report by 383: Zoning And Plan rtjng e= 605; Zon-• rel. Eastport Alliance v. Lofaro (2 Dept.A D.2d 807,745 N.Y.52d 338. Zoning planning agency ing And Planning « 610; 'Zoning And 2004) '13 A.D.3d,527, 787 N.Y.S.2d 346; And Planning«278.1; Zoning And Plan- • Cit board improperly rl delayed Planning«703 Hing a 531 r - y planning p Pe y y ' leave to appeal dismissed 5'N.Y.3d 846; yeview of.telecommunications petitioner's Under a zoning'•ordinance which author- 805 N.Y.S.2d 546,839 N.F,2d 900,leave to 12. — Disapproval or modification, application for site plan,'approval for pro- �, izes-interpretation•of its requirements by 'appeal` dismissed 5 •N.Y.3d 847,• 805 ' recommendations posed telecommunications tower site;peti- t ,towns zoning board of appeals,specif N.Y.S.2d 547, 839 N.E.2d 901° Environ- Beck v. Gravelding (4,Dept. 1998)1247' tioners submitted•-.application, .including *-Plication of a,term of-the ordinance to, mental Law 0-143; Zoning And Planning A.D.2d 831, 669 NX,&S.2d 108, [main vol- copies of site-plan;as requiged,by,-local a particular property is governed by the 0-48$ ume] leave to apiVal denied 92 N.Y.2d zomirg ordinance,,-information provided by 'boards interpretation, unless urfreason� '• 801, ,677 N.Y.S.2d 71, 699 N.E.2d' 431, petitioners was.,sufficient'to satisfy re- able or irrational. Hampton Hill ViUas• 20° Sufficiency of evidence ua'ements•and even if it were reasonable Condominium Bd;of Managers v°Town-of Determination-of town board of zoning Aloya v. Planning Bd:of the Town Of.-' q F' g £ Stony Point(2 Dept„1996)230 A.D,2d 790, for•pl.ann}ng board to delay consideration„� Arlrherst Zoning Bd.'of Appeals:{4e'Dept:' :appeals denying property owner's appIica- 646 N.Y.S.2d 375, [main volume]leaue'to of application until all board'members had' 2004)•19,A.D,3d,1079, 787 N:)r,S2d.557,. . tion for conditional'use permit to operate appeal granted 92 N.Y,2d 813, 681 ,adequate'time to review applkation,.it was'- leave•to'appeal denied 16 A.D,3d 1181,792 a sandwich shop at subject location'had N.Y.S.2d 474,704 N.E.2d 227,affirmed 98. unreasonable for board to fail to-address 1�1•S2d 367. Zoning And Planning c= iational'basis,was not arbitrary and capri- NY.2d 334,,690 N.Y.S.2d 475,712 N.E.2d application prior'to public Bearing. Inde •' r , cious, 'and•was supported by su}stantiaI pendent Wireless One Corp. v, Town:o£ Town Zoning Board of Appeals (ZBA) evidence; board detgrmined that proposal. 644' Maryland Plbaining•Bd.,2002,191,Misc;2d exceeded' its power when it treated would negatively impact,traffic parkin Town planning board,in,granting manu- •16$,'738 N.Y.S.2d 829.. Zoning And Plan- amendment.to town's zoning ordinance and safety conditions on adjacent dead' facturer's application for site plan approv- Hing«A39 5 made by]ocaL,law-as in"valid, and coupe- - end residential stree that w and a special build a in connection . , l quently approved off-road •mofOrc cle only means of•vehicul access the, with its plans to build a mushroom pre 17:5. ,Standing to challenge' racetrack in R-40 residential district whidli area of proposed establi,sh'menC, relying duction and processing facility on a ' Adjoining landbwners who were'affec`t I ` was neither'penhrltted nor special-use in upon owners own evidence as well 48-acre parcel in town, slid not act con- ed by land use deteriili iation that was I such district under ordinahce'as amended; specific, Particularized concerns raised by trary to modifications recommended by subject to revietii under General Municipal although town's- attorney advised ZBA area residenW and' common-sense g county planning agency, where board in- , ,Law, and adjoining municipalities .that j thit,local law'tvas invalid jurisdic- ' merits and personal familiarity with,=rea corporated the recommendations into its :necessarily had same interest in region=/ , ; t tidnal defect in•its enactmbnt,"law was possessed by members.of board: North resolution, including landscaping,,prgvi- review that General Municipal' Law re- never'judicially or legislatively invalidated; Shore F.C.P.;,Tnc. v, Marmnia (2 Dept. sions to mitigate visual impact of the pro- quu°ed, had standing to assert that enact- •Splith•v.Town of Plattekill (3 Dept.2004) '2005) 22 A.D.3d 759, $04 N.Y.S.2d 383: posed factory, the submission of a water. ..Ing municipality failed to comply with pro- 13 A.D.3d 695,7$7 N.Y.S.2d,406. Zoning :Zoning And Plannin a conservation plan and an-odor mitigation cedural requirements of that statute with ,- And Planning d?387 g g.° 387 plan, and the inclusion of benchmarks for respect to adoption of adult student Nous- 21. Moratoriums monitoring progress. Basha Kll1 Area -ing,•law and revised cotfiprehensive zoning -Failure to join indispensable' party in Ass'n v, Planning Bd. of Town'of Mama law. Village ofsChestnut Ridge v.Town-of Ardefe 78 proceeding,i.e-;a limited liabili;. In action challenging town planning kating(3 Dept. 2007)46 A.D.3d 1309,849 Ramapo�(2 Dept, 2007)45 A-D,3d 74, 841 tY company(LLC) intended to be formed board's moratorium on grant of site plan N.Y.S.2d 112. Zoning And PIanning�`•, N.Y.S.2d 321. Zoning And PIanuing a i�; r by developers to own and operate 32-emit , applications, town, rather than applicant, 382.6; Zonin And Planning c 384.1 571 ! senior apartment complex and community has burden of demonstrating that morato j g g ° center in residential one•and two family* >zum serves valid purpose and is of•rea- 13.5. 'Void determinations 18. Review dwelling.unit district after .it,was con-' sonable duration. Roanoke Sand&Ctrav- Village's failure to provide county plan-; .County planning eommissi6n was not a strutted;was*a minorldriegalarity and not `.el Corp. Y. Town of Brookhaven (2 Dept. a,jurisdictional defect that tolled 30 day 2005) 24 A D.3d 783, 809 N.Y.S,2d 95. ring commission with all of the materials necessary party to article 78 proceeding which village needed'to pass a new zoning brought by contract vendee far parcel of •• i statute of limitations for seeking review of Zgnmg'And Planning«685 resolution, including the final version and real property, which -challenged- tovm i' a.determination by city planning:commis: Property owner could not'raise for-first complete text of proposed new zoning law "board's denial of special use permit, al- sion grant special zoning board,ofappeals(ZEA)to time in its reply papers•challenge to town• to rezone area of village from commercial, though town board was required to.refer grr nt h tial use permit and use variance, planning board's moratorium on crew pray to residential, and the final.generic envi- application to bommission,and commission B LL'C,did not•yet exist at tune it jects nn ground that it had not subiirittei3 ronmental impact statement,for the requi- recommended that permit be denied,since applied for special use •permit and use, moratorium to county board for review she,30,-day period before village aefed'and' ,board,through super-majority,�could have variance,•where, petitioners 'knew. who' and, recommendation; and thus matter adopted zoning law, rendered zoning.law voted to override commissions decision, were• the applicants fdr, the zoning would be remanded to provide board-op- and' comprehensive master plan void. but did not,and town's action,was thusc the changes,*who were the owners of tl,e portunity to respond, Roanoke Sand & LCS Realty Co., Inc.v. Incorporated Vil- final agency'action reviewable.in such•a ;,property', who were•the•developers, and Gravel-Corp. v. Town of Brookhaven'(2 Page of Roslyn (2 Dept. 2000)273 A.D.2d proceeding. Headriver,DLC v.Town Bd. who was their authorized representative. Dept. 2005) 24 A D.3d 783, 809 KY,S.2d 57 f 58 1 Note 3 • i, Zoning•And Planning e=744; Zoning nd Planning 749 b 239-n. Referral of•cextain ;pry osed•subdivisiori plats to the county planning agency or'regional planning council; ' report thereon;•final action Cross References. 40calplanning co-ordination,see General Municipal Law§ 119-x. raps and recomrpendations,see General Municipal Law§,237. lowers of local agencies with respect to comprehensive studies and'reports,see Gerlerai'' 'Municipal Law§ 119-w. ti Lqv.Review andJournal Commentaries ti ntermunicipo agreements: The metamRrphosis,of•horhe zizle. 'Mary'.D:Mohnach, 17, Pace Environmental L.Rev.161,(1999).. Notes:oil•Decisions.. ipecial facts.exception 3 Planning Bd., 2008, Mise.3d _, 85&' N•Y,S.2d 542.. Zoning..And..Plannirig 376 Overriding,of agency•reroinmendA Cases,involving "special facts".excep- „ tion' tions,to'gene;alyrdtQ that zoning apl?bca' Town plannfing•boarcf, by failing.to sd- tion must'be judged upon the:law as it :ure the supermajority; votg n_o,deil''to . exists;at-the,time of zoning b'oa`rd'&decj- override the recommendation; of county' 'sio'A liiherently,involve concepts'of vesteQ planning authorities to'disapprove a final , rigbts,and therefore-each matter must be• r' subdivision application,satisfied the Town determingd according,Ao its own unique ; Law's mandate to "take action" on such , circumstances.' Downey-Farms Develop- applications in a timely manner.'`.Aloya v. , ment Corp.v.Town of Cornwall Planning Planning Bd. of Town of Stony Point, Bd., 2008, — Misc.3d ._ '858•N:Y.S 2d- 1999,93 N.Y.2d 334;690 N.Y.S,2d 475,512 W. Zoning And PIanr;hig n 376 N.E.2d 644. Zoning And'Planning•ca ' 439,E Dilatory actions by,tov�ri planning board and-Its consultant$=tlu•oughout'Appr9v9I S. Special facts exception process•'for developer's subdfvision;applf- Cumulative.effect.of action and inaction cation-supported "special facts-exception" by town planning board and•its advisors; finding in developer's Artiole 78-,action which engaged iii'discernable pattern of seeking determination that,due to board's' delay of progression of developer's subdi- bad-faith delays,,it had vested,rights to vision application,.created substantial de- 'continue under prior version'of•local'zon lay that,denied developer a fair opportUrd- ing lav,,after ainexidment to zoning lax ty to at least attempt to obtain-timely final up-zoned area encompassing proposed de- 'subdivision approval and.' le its subdivi- .velopment from one to two acres for single• sion map before local zoning laws.were' family',residences;some actions precipitat—ing•otherwise•avoidable.delays•we're•,not proposed development.from one to two explained, and Others, though seeming''to acres for single family 'residences, war- ranturg declaration,that, due to;board's be part of'thorough and rigorous review -improper delaying-actipns, developer ob-• process, appeardd upon closer scrutiny"to, tainad•vested rights, prionto amendment, .;•have,been-designed•to'delay,withoutjust- to proceed with its subdivisioir:applicatlpn'. •flable causes. Downey Farms'Develop- under provisions of local code as it existed, ment Corp.v.,Town-o£.QorjiwaU P)an,?ung 'before amendment, Downey Farms De- $d„ 2608,. Miae.3d..—,.86$ hI,Y;5,2d• velopment Corp. v. ..`•Town,.df Cornwall 54Z. ,Z9r2ing Arid,'Planning�'376 " • ',,r. ' ,� 59 r ij ELIZABETH A.NEVILLE,MMC ®�A$u��OC�C®� Town Hall,53095 Main Road TOWN CLERK = y� P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ,�. ® ®�. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 18, 2018 Re: Resolution No.2018-1078 "A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM#1000-6-6-20.8,a parcel of property located at corner of Central and Crescent Avenues, Fishers Island, New York from R-80 (Residential)to HD (Hamlet Density) Donald Wilcenski, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr.Wilcenski, The Southold Town Board at their regular meeting held on December 18, 2018 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Suffolk County Department of Planning for their review. The date and time for this public hearing is 4:31 P.M.,Tuesday, February 26,2018.-Please do not hesitate to contact my office if you have any questions. Very truly yours, D (a. e� Elizabeth A. Neville Southold Town Clerk Enclosures cc:Town Board 0 Town Attorney t t RESOLUTION 2018-1078 ADOPTED DOC ID: 14729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-1078 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island Utility Company regarding a portion of the property identified as SCTM#1000-6-6-20.8 from R-80 (Residential)to HD(Hamlet Density; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning, including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York,the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot#1000-6-6-20.8 R-80 (Residential)to HD (Hamlet Density)" at Town Hall located at 53095 Main Road, Southold, New York, on the 26th day of February,2019 at 4:31 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten (10) days nor more than thirty(30) days prior to such hearing. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P.Ruland, Councilman SECONDER:,Louisa P. Evans, Justice ` AYES: Dinizio Jr,Ruland,Doherty, Ghosio,Evans,Russell ? DECEIVE® JAN 8 2019 Steven Bellone SUFFOLK COUNTY EXECUTIVE Southold Town Clerk Department of Economic Development and Planning Theresa Ward Deputy County Executive and Commissioner Division of Planning and Environment December 27, 2018 Town of Southold 53095 Main Road P.O. Box 1179 Southold.NY 11971 Attn: Elizabeth Neville Applicant: Town of Southold Zoning Action: Resolution 2018-1078 Local Law to amend Zoning Map Of the Town of Southold r, S.C.P.D. File No.: SD-18-LD Dear Ms. Neville: t. 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 r Andrew P. Frele g Chief Planner APF/cd LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 Town Hall,53095 Main Road ELIZABETHA.NEVILLE,MMC ®� ®� TOWN CLERK �� y� P.O.Box 1179 Southold,New York 11971 coo 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 December 18, 2018 Re: Resolution No.2018-1078"A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM#1000-6-6-20.8,a parcel of property located at corner of Central and Crescent Avenues, Fishers Island, New York from R-80 (Residential)to HD (Hamlet Density) Andrew P. Freeling, Chief Planner Suffolk County'Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freeling, The Southold Town Board at their regular meeting held on December 18, 2018 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Southold Town Planning Department for their review. The date and time for this public hearing is 4:31 P.M.,Tuesday, February 26, 2018. Please do not hesitate to contact my office if you have any questions. Very truly yours, Q, Elizabeth A. Neville Southold Town Clerk Enclosures cc:Town Board Town Attorney RESOLUTION 2018-1078 ADOPTED DOC ID: 14729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-1078 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island Utility Company regarding a portion of the property identified as SCTM#1000-6-6-20.8 from R-80 (Residential)to HD (Hamlet Density; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning, including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York,the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot#1000-6-6-20.8 R-80 (Residential)to HD (Hamlet Density)" at Town Hall located at 53095 Main Road, Southold, New York, on the 26th day of February,2019 at 4:31 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten(10) days nor more than thirty(30) days prior to such hearing. 9 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland,Doherty, Ghosio, Evans, Russell