HomeMy WebLinkAboutLL-2003 #12Local Law Filing
NEW yORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
City
Town of
SOUTHOLD
LOCAL LAW NO. 12 2003
TOWN OF SOUTHOLD
A local taw entitled, "Amendment to Town Code Regarding Amendments to Zoning and Public Hearing
Notice Requirements."
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose. To clarify procedural requirements in the Zoning and Public Hearing chapters of the Town Code.
II. The Code of the Town of Southold is hereby amended to revise the noted sections of Chapter 100
"Zoning" and Chapter 58 "Notice of Public Hearing" to read as follows:
Chapter 100 ARTICLE XXIX Amendments
[Amended 5~30-1975 by L.L. No. 3-1975; 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]
§ 100-290. 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.
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 ten (10) days
notice of the time and place of such hearing shall be published in the official
newspaper.
Of additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev. 11/99)
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.
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:
§ 100-291. Fees for Petitions for Proposed Amendments. [Amended 11-13-1990 by L.L. No. 26-1990]
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 § 100-
55B(5)(g). The petitioner shall also be responsible for reasonable and customary professional review fees
relating to environmental review of the petition.
§ 100-292. Additional Notice Requirements Relating to Petitions for Proposed Amendments.
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 irmmediately adjacent thereto. In the event that any petitioner owns or
has any interest in any property immediately 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 (5) days preceding the filing of the petition in the Town Clerk's office. Proof
of mailing of such notice in the form of a swcm 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 street 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 (5) 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 hearing; and that a notice of such hearing will be published in the official
town newspaper not less than ten (1 'l}ays prior to such public heating.
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.
Failure to comply with the provisions of this section shall not affect the validity of any action
with respect to such petition.
In addition to the above notice requirement, prior to holding a public hearing on the petition,
notice shall be provided pursuant to Chapter 58. [Added 12-2%1995 by L.L. No. 25-1995]
Chapter 58 NOTICE OF PUBLIC HEARING
[HISTORY: Adopted by the Town Board of the Town of Southold 12-2%1995 as L.L. No. 25-1995.
Amendments noted where applicable.]
§ 58-1. Providing notice of public heatings.
Whenever the Code calls for a public heating 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 public or private street which the
property involved in 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
heating thereon. The sign shall be set back not more than ten (10) feet from the property
line. The sign shall be displayed for a period of not less than seven (7) days immediately
preceding the date of the public heating. 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 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
3
certified mail, return receipt request~//.-Posted at least seven (7) days prior to h~o date of
the initial public heating 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 Iocation 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.
III. Severability.
If any part or provision of this Local Law or the application thereof to any person or circumstance be
adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the
part or provision or application directly involved in the controversy in which such judgment shall have been
rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof
to other persons or circumstances, and the Town of Southold hereby declares that it would have passed this
Local Law or the remainder thereof had such invalid application or invalid provision been apparent.
IV. Effective date.
This law shall take effect immediately upon filing in the Office of the Secretary of State of New York.
4
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
~ RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765~6145
Telephone (631) 765-1800
southold~own.northfork.ne~
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 381 OF 2003
WAS ADOPTED AT TIlE REGULAR MEETING OF THE SOUTIIOLD TOWN BOARD
ON JUNE 17, 2003:
WltEREAS, the Town Board of the Town of Southold is conducting an uncoordinated SEQR
Review of an Unlisted Action involving amendments to the Town Code regarding public hearing
notice requirements; and
WIIEREAS, the proposed amendments arc intended to clarify existing procedural requirements.
NOW THEREFORE BE IT RESOLVED, that pursuant to Part 617 of the SEQR Regulations,
the Town Board of the Town of Southold hereby designates itself as the Lead Agency for the
SEQR Review of this Unlisted Action.
BE IT FURTHER RESOLVED, that pursuant to Part 617 of the implementing regulations
pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental
Conservation Law, the Lead Agency has determined tha~ the Proposed Unlisted Action w/Il not
have a significant adverse effect onthe environment for the reasons enumerated in the attached
Negative Declaration Form.
Elizabeth A. Neville
Southold Town Clerk
GREGORY F. YAKABOSKI
TOWN ATTORNEY
greg.yakaboski@town, southold.ny.us
PATRICIA A. FINNEGAN
ASSISTANT TOWN ATTORNEY
patricia.finnegan@town southold.ny.us
JOSHUA Y. HoRTO~N
Supervisor
Town Hall, 53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1939
Facsimile (631) 765~1823
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
To:
From:
Date:
Re:
Supervisor Horton
Town Board
Patricia A. Finnegan, Esq.
Assistant Town Attorney
June 16, 2003
public hearing notice requirements
Attached please find a copy of the SEQRA report concerning the proposed
amendments to the Town Code public hearing notice requirements prepared by Patrick
Cleary of Cleary Consulting. The report proposes adopting a Negative Declaration
regarding the project.
Please contact me if you have any questions.
Pat
PAF/md
attachment
cc: Town Clerk
RESOLUTION
JUNE 17~ 2003 V - 381
WHEREAS, the Town Board of the Town of Southold is conducting an uncoordinated SEQR
Review of an Unlisted Action involving amendments to the Town Code regarding public hearing
notice requirements; and
WHEREAS, the proposed amendments are intended to clarify existing procedural requirements.
NOW THEREFORE BE IT RESOLVED, that pursuant to Part 617 of the SEQR Regulations,
the Town Board of the To;vn of Southold hereby designates itself as the Lead Agency for the
SEQR Review of tlfis Unlisted Action.
BE IT FURTHER RESOLVED, that pursuant to Part 617 of the implementing regulations
pertaining to Article 8 (State Enviromnental Quality R(:view Act) of the Environmental
Conservation Law, the Lead Agency has determined that th(: proposed Unlisted Action will not
have a significant adverse effect on the environment for the reasons enumerated in the attached
Negative Declaration Form.
TOWN BOARD RESOLUTION
June 17. ,2003
SEQR DETERMINATION OF SIGNIFICANCE FOR
AMENDMENTS TO THE TOWN CODE
REGARDING PUBLIC HEZ. RING NOTICE REQUIREMENTS
WHEREAS, the Town Board of the Town of Southold is conducting an uncoordinated SEQR
Review of an Unlisted Action involving amendments to the Town Code regarding public hearing
notice requirements; and
WHEREAS, the proposed amendments are intended to clarify existing procedural requirements.
NOW THEREFORE BE IT RESOLVED, that pursuant to Part 617 of the SEQR Regulations,
the TOwn Board of the Town of Southold hereby designates itself as the Lead Agency for the
SEQR Review of this Unlisted Action.
BE IT FURTHER RESOLVED, that pursuant to Part 617 of the implementing regulations
pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental
Conservation Law, the Lead Agency has determined that the proposed Unlisted Action will not
have a significant adverse effect on the environment for the reasons enumerated in the attached
Negative Declaration Form.
Councilman Councilman
On the motion of Wickham , seconded by Moore , it was adopted by the following vote:
AYES:
NAYS:
Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
None
ABSTAINED: None
ABSENT: None
J~g~fiua Y. Horton, Supervisor
The resolution was thereupon du~y adopted
617.21
Appendix F
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination of Non-Significance
SEQR
Project Number
Date June, 2003
This notice is issued pursuant to Part 617 of the implementing regulations pertaining
to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation
Law.
The Town of Southold Town Board as lead agency, has determined that
the proposed action described below will not have a significant effect on the environmental
and a Draft Environmental Impact Statement will not be prepared.
Name of Action: Amendments to Public Hearing Notice Requirements
SEQR Status:
Type I []
Unlisted []
Conditioned Negative Declaration:.
Yes []
No []
Description of Action:
This action calls amending the Code of the Town of Southold to clarify the procedural
requirements concerning public hearings
Location: (Include street address and the name of the municipality/county. A location map
of appropriate scale is also recommended.)
Town-wide, Town of Southold, Suffolk County
SEQR Negative Declaration Page 2
REASONS SUPPORTING THIS DETERMINATION:
(See 617.6(g) for requirements of this determination; see 617.6(13) for Conditioned Negative Declaration)
The proposed action involves amending the Town Code to clarify the procedural requirements
concerning public hearings. The amendments will make the public hearing process more
accessible to members of the community, and will enhance public discourse, and ultimately
governmental decision-making.
The action itself involves no physical improvements, nor does it propose any actions that would
result in activities that might result in adverse environmental impacts.
As a result, it can be concluded that the proposed action will not result in any adverse
environmental impacts.
If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed.
For Further Information:
Contact Person:
Address:
Telephone Number:
Elizabeth A. Neville, Town Clerk
Town. Hall, 53095 Route 25, Southotd, NY 11971
631-765~1800
For Type I Actions and Conditioned Negative Declarations, a Copy of this Notice Sent to:
Commissioner, Dep't of Environmental Conservation, 50 Wolf Road, AlbanY, NY 12233-0001
NYSDEC Region 1, SUNY, Building 40, Stony Brook, NY 11790
Supervisor, Town of Southold, Town Hall 53095 Route 25, Southold, NY-11971
Applicant (if any)
Other Involved Agencies (if any)
SEQR
617.20
Appendix A
State Environmental Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action
may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are
aspects of a project that are subjective or unmeasurable, it is also understood that those who determine significance may have
little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many
who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance.
The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination
process has been orderly, comprehensive in nature, yet flexib[e enough to allow introduction of information to fit a project or
action.
Full EAF Components: The full EAF is comprised of three parts:
Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a
reviewer in the analysis that takes piece in Parts 2 and 3.
Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action, it provides guidance as
to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form
also identifies whether an impact can be mitigated or reduced.
Part 3: if any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is
actually important.
DETERMINATION OF SIGNIFICANCE -- Type I and Unlisted Actions
identify the Portions of EAF completed for this project: [] Part 1 ~[ Part 2 [] Part 3
Upon review of the information recorded on this EAF (Parts I and 2 and 3 if appropriate), and any other supporting information,
and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that:
A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a
significant impact on the environment, therefore a negative declaration will be prepared.
Although the project could have a significant effect on the environment, there will not be a significant effeat for
this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a
CONDITIONED negative declaration will be prepared.*
[] C. The project may result in one or more large and important impacts that may have a significant impact on the
environment, therefore a positive declaration will be prepared,
*A Conditioned Negative Declaration is only valid for Unlisted Actions
Amendments to Town Code Regarding Public Hearing Notice Requirements
Name of Action
Town of Southold -Town Board
Name of Lead Agency
Joshua Y. Horton Supervisor
Print or, Type Name of Responsible Office in Lead Agency Title of Responsible Officer
[~= p ns'b ffice in Lea Agency Signature of Preparer (If different from responsible officer)
June, 2003
Date
PART 1 -PROJECT INFORMATION
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed ma,/have a significant effect on the
environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the
application for approval and may be subject to further verification and public review. Provide any additional information you
believe will be needed to complete Parts 2 and 3.
It is expected that completion of the full EAF will be dependent on information currently available and will not invotve new
studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each
instance.
NAME OF ACTION
Amendments to Town Code regarding public hearing notice requirements
LOCATION OF ACTION
Tawn-wide
NAME OF APPLtCANT/SPONSOR
Town of Southold
ADDRESS
Town Hall, 53095 Route 25
Southold
NAME OF OWNER(if different)
BUSINESS TELEPHONE
(631) 764-1939
STATE ZIP CODE
New York 11971
BUSINESS TELEPHONE
ADDRESS
CiTY/PO STATE I ZiP CODE
I
DESCRIPTION OF AC31ON
This action calls amending the Code of the Town of Southold to clarify the procedural requirements conceming public
hearings.
Please Complete Eesh Question-Indicate N.A. if not applicable
A. SITE DESCRIPTION
Physical setting of overall project, both developed and undeveloped areas.
1. Present land use: [] Urban r-]Industrial [] Commemial [] Residential(suburban) [] Rural(non-farm)
[] Forest [] Agriculture []Other Open Space
2. Total acreage of project area: Approximately 34,687 acres, including Fishers Island
APPROXIMATE ACREAGE PRESENTLY
Meadow or Brushland (Non-agricultural) 3,711 acres
Forested 7,333 acres
Agricultural (Includes orchards, cropland, pasture, otc 10,202 acres
Wetland(Freshwater or tidal as per Articles 24,25 of ECL) 5,700 acres
Water Surface Area N/A
Unvegatated (Rock, earth or fill) NIA
Roads, buildings and other paved surfaces 2,893 acres
Other (Indicate type) Vacant
4,848 esres
AFTER COMPLETION
3,711 acres
7,333 acres
10,202 acres
5,700 acres
N/A
N/A
2,893 acres
z1.,848 acres
What is predominant soil type(s) on project site? Carver-plymouth-Riverhead, Haven-Riverhead Associations_
a. Soil drainage: [] Well drained 40% of site [] Moderately well drained 40% of ~ite ~
[] Poody drained 20% % of site
b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NY$
Land Classification System? 10,202 acres (See 1 NYCRR 370).
Are there bedrock outcroppings on project site? [~]Yes [] No
a. What is depth to bedrock? 600' -1,000' (in feet)
5. Approximate percentage of proposed project site with slopes: [] 0-10% 40% []10-15% 40%
[]15% or greater 20%
6. Is project substantially contiguous to, or contain a building, site, or district, ~isted on the State or the National Registers of
Historic Places? [] Yes [] No
7.Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? [] Yes [] No
8. What is the depth of the water table? ~ 5' (in feet)
9. ~a site located over e primary, principal, or sole source aquifer? [] Yes [] No
[]Yes
Do hunting, fishing or shell fishing opportunities presently exist in the project area?
12~
13.
Does project site contain any species of plant or animal life that is identified as threatened or endangered?
[] Yes [] No According to New York State Natural Heritaqe Inventory
identify each species
Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations)
[] Yes [] No Describe
14.
Is the project site presently used by the community or neighborhood as an open space or recreation area?
[] Yes [-~No If yes, explain
Does the present site include scenic views known to be important to the community?
[] Yes []No
15.
16.
Streams within or contiguous to project area: Mattituck Creek
a. Name of Stream and name of River to which it is tributary Long Island Sound, Peconic Bay
Lakes ponds, wetland areas within or contiguous to project area:
a. Name Laurel Lake, Maratooka Pond, Great Pond, Heshamomomuck Pond
17. Is the site served by existing public utilities? [] Yes []No
a) If Yes, does sufficient capacity exist to allow connection? [] Yes [] No [] N/A
b) If Yes, will improvements be necessary to allow connection? [] Yes [] No [] N/A
b. Size (In acres)
18, Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? [] Yes []No
19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL,
and 6 NYCRR 6177 [] Yes {'-[No
20, Has the site ever been used for the disposal of solid or hazardous wastes? [] Yes []No (Town landfill)
Project Description
Physical dimensions and scale of project (fill in dimensions as appropriate)
a. Total contiguous acreage owned or controlled by project sponsor N/A
b, Project acreage to be developed: NIA initially; N/A ultimately.
c. Project acreage to remain undeveloped N/A
d. Length of project, in miles: N/A (if appropriate).
e. if the project is an expanaion, indicate percent of expansion proposed
f. Number of off-street parking spaces existing N/A ; proposed N/A
g. Maximum vehicular trips generated per hour N/A .
h. If residential, Number and type of housing units: N/A
Initially
Uitiumately
NIA
One Family (2) Two Family Multiple Family
I. Dimensions (in feet) of largest proposed structure height; width;
j. Linear feet of frontage along a public thoroughfare project will occupy is? N/A ft.
Condominium
length
2. How much natural material (i.e., rock, earth, etc.)will be removed from the sits? -0- tons/cubic yards.
3. Will disturbed areas be reclaimed? [] Yes [] No [] N/A
a. If yes, for what intended purpose is the site being reclaimed?
b. Will topsoil be stockpiled for reclamation? [] Yes [] No
c. Will upper subsoil be stockpiled for reclamation? [] Yes [] No
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site?
5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project?
[] Yes [] No [] N/A
6. If single phase project: Anticipated period of construction N/A months, (including demolition).
7. If multi-phased:
a. Total number of phases anticipated N/A (number).
b. Anticipated data of commencement phase I _ month__`/ear,(ineluding demolition).
c. Approximate completion date of final phase month .year.
d. ls phase 1 funationa]ly dependent on subsequent phases? [] Yes [] No
8. Will blasting occur during construction? [] Yes [] No [] N/A
9. Number of jobs generated: during construction N/A ; after project is complete?
10. Number of jobs eliminated by this project? 0
11. Will project require relocation of any projects or facilities? [] Yes [] No
If yes, explain
12. Surface liquid waste disposal involved? [] Yea [] No
a. If yes, indicate type of waste (sewage, industrial, etc.) and amount
b. Name of water body into which effluent will be discharged
13. Is subsurface liquid waste disposal involved? [] Yes [] No Type
14. Will surrece area of an existing water body increase or decrease by proposal? [] Yes [] No
Explain
1!~. Is project, or any portion of project, located in a I00 year flood plain? [] Yes [] No
16, Will the project generate solid waste? [] Yes [] No
a. If yea, what is the amount per month? tons.
b. If yes, will an existing solid waste facility be used? [] Yes [] No
c. If yes, give name ; location
d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? [~ Yes [] No
e. If Yes, explain
17. Will the project involve the disposal of solid waste? [] Yes [] No
a. If yes, what is the anticipated rate of disposal? tons/month.
b. If yes, what is the anticipated site life? '/ears.
18. Will project use herbicides or pesticides? [] Yea [] No
19. Will project routinely produce odors (more than one hour per day)? [] Yea [] No
20, Will project produce operating noise exceeding the local ambient noise levels? [] Yes [] No
21. Will project result in an increase in energy use? [] Yes [] No
If yes, indicate type{s)
22. If water supply is from wells, indicate pumping capacity N/A gallons/minute.
23. Total anticipated water usage per day N/A _gallons/day.
24. Does: project involve Local, State or Federal funding? [] Yes [] No
If yes, explain
25. Approvals Required:
City, Town, Village Board [] Yes [] No
City, Town, Viilage Planning Board [] Yes [] No
City, Town Zoning Board [] Yes [] No
City, County Health Department [] Yes [] No
Other Local Agencies [] Yes [] No
Other Regional Agencies [] Yes [] No
State Agencies [] Yes [] No
Federal Agencies [] Yes [] No
Type
Code Amendment
Submittal Date
C. ZONING and PLANNING INFORMATION
1. Does proposed action involve a planning or zoning decision? [] Yes [] No
If Yes, indicate decision required:
[] zoning amendment [] zoning variance [] special use permit []subdivision []site plan
[] new/revision of master plan [] resource management plan [] other
2. What is the zoning classification(s) of the site? All zoning districts in the Town of Southold
3. What is the maximum potential development of the site if developed as permitted by the present zoning? N/A
4. What is the proposed zoning of the site? N/A
5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?
N/A
6, Is the proposed action consistent with the recommended uses in adopted local land use plans? [] Yes [] No
7, What are the predominant land uae(s) and zoning classifications within a 1/4 mile radius of proposed aation?
Agricultural, Open Space, Residential, Commercial, Recreational
8. Is the proposed action compatible with adjoining/aurrour~ding land uses within a I/4 mile?il Yes [] No
9. If the proposed action is the subdivision of land, how many lots are proposed? N/A
a. What is the minimum lot size proposed?
10. Will proposed action require any authorization(s) for the formation of sewer or water dlstricts?rl Yes [] No
11. Will the proposed action create a demand for any community provided services (recreation, education, police,
fire protection)? [] Yes [] No
a. If yes, ia existing capac[W sufficient to handle projected demand? [] Yes [] No [] N/A
12. Will the proposed action result in the generation of traffic significantty above present levels? [] Yes [] No
a. If yes, is the existing road network adequate to handle the additional traffic? [] Yes [] No [] N/A
D. Informational Details
Attach any additional information as may be needed to clarify your project. If there are, or may be, any adverse
impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid
them.
E. Verification
I certify that the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name Town of Southold Date Jane. 2003
Signature Title
If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with
this assessment.
5
Part 2 - PROJECT IMPACTS AND THEIR MAGNITUDE
Responsibility of Lead Agency
General Information (Read CarefuJ[y)
In completing the form the reviewer should be guided by the question: Have my responses and determinations been
reasonable? The reviewer is not expected to be an expert environmental analyst.
· Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large
impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks thee it be
looked at further.
The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of
~agnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for
most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a
Potential Large Impact response, thus requiring evaluation in Part 3.
The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative end have been
offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question.
· The number of examples per question does not indicate the importance of each question.
· In identifying impacts, consider long term, short term and cumuleeive effects.
Instructions (Read carefully)
a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact.
b. Maybe answers should be considered as Yes answem.
c. If answering Yes to a question then check the appropriate box(column I or 2)to indiceee the potential size of the impact. If
impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than
example, check column 1.
d. Identifying thee an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large
impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked
at further.
e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3.
f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact,
also check the Yes box in column 3. A No response indicates that such a reduction is not passible. This must be explained in
Part 3.
I 2
Impact on Land Small to Potential
Moderate Large
1. Will the Proposed Action result in a physical change to the project site? impact impact
[] NO []YES
Examples that would apply to column 2
· Any construction on slopes of 15% or greater, (15 foot dsc per 1OO foot of length), [] []
or where the general slopes in the project area exceed 10%.
· Construction on land where the depth to the water table is less than 3 feet. [] []
· Construction of paved parking area for 1,000 or more vehicles. [] []
· Construction on land where bedrock is exposed or generally within 3 feet of [] []
existing ground surface.
· Construction that will continue for more than 1 year or involve more than one [] []
phase or stage.
· Excavation for mining purposes that would remove more than 1,000 tons of [] []
natural material (i.e., rock or soil) per year.
· Construction or expansion of a santary landfill. [] []
· Construction in a designated floodway. [] []
· Other impacts: [] []
2. Will there be an effect to any unique or unusual land forms found on the site?
(i.e., cliffs, dunes, geological formations, etc.) [] NO []YES
· Specific land forms:
3
Can Impact Be
Mitigated By
Project Change
[] Yes [] No
[] Yes [] No
[] Yes [] "o
[] Yes [] No
[] Yes [] No
[] Yes [] No
[] Yes [] No
[] Yes [] No
[] Yes [] NO
[] [] [] Yes [] No
Impact on Water
3. Will Proposed Action affect any water body designated as protected?
(Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL)
[] NO [~]YES
E~amples that would apply to column 2
· Devblopable area of site contains a protected water body.
· Dredging more than 100 cubic yards of material from channel of a protected stream.
· Extension of utility distribution facilities through a protected water body.
· Construction in a designated freshwater or tidal wetland,
· Other impacts:
1
Smallto
Moderate
impact
2 3
Potential Can Impact Be
Large Mitigated By
impact Project Change
[] [] Yea [] No
[] [] Yes [] No
[] [] Yes [] No
[] [] Yes [] NO
[] [] Yes [] No
4, Will Proposed Action affect any non-protected existing or new body of water?
[] NO []YES
Examples that would apply to column 2
· A 10% increase or decrease in the surface area of any body of water or more than
a 10 acre increase or decrease,
· Construction of a body of water that exceeds 30 acres of surface area,
· Other impacts:
[] [] Yes [] No
[] [] Yes [] NO
[] [] Yes [] NO
5, Will Proposed Action affect surface or groundwater quality or quantity?
[] NO []YES
Examples that would apply to column 2
· Proposed Action will require a discharge permit. []
· Proposed Action requires use of a source of water that does not have approval to []
serve proposed (project) action.
· Proposed Action requires water supply from wells with greater than 45 gallons []
per minute pumping capacity.
· Construction or operation causing any contamination of a water supply system. []
· Proposed Action will adversely effect groundwater. []
· Liquid effluent will be conveyed off the site to facilities which presently do not []
exist or have inadequate capacity.
e Proposed Action would use water in excess of 20,000 gallons per day. []
· Proposed Action will likely cause siltation or other discharge into an existing body []
of water to the extent that there will be an obvious visual contrast to natural condition
· Proposed Action will require the storage of petroleum or chemical products greater
than 1,100 gallons. []
· Proposed Action will allow residential uses in areas without water and/or sewer
services. []
· Proposed Action locates commercial and/or industrial uses which may require new or
expansion of existing waste treatment and/or storage facilities. []
· Other impacts: []
[] [] Yes [] No
[] [] Yes [] NO
[] [] Yes [] No
[] [] Yes [] NO
[] [] Yes [] NO
[] [] Yes [] No
[] [] Yes [] No
[] [] Yes [] NO
[] [] Yes [] No
[] [] Yes [] NO
[] [] Yea [] NO
[] [] Yes [] No
6. Will Proposed Action alter drainage flow or patterns, or surface water runoff?
[] NO []YES
Examples that would apply to column 2
· Proposed Action would change flood water flows
7
0 [] Yes [] No
· Proposed Action may cause substantial erosion.
· Proposed Action is incompatible with existing drainage patterns.
· Proposed Action will allow development in a designated floodway.
· Other impacts:
IMPACT ON AIR
7. Will Proposed Action affect air quality?
[] NO []YES
Examples that would apply to column 2
· Proposed Action will induce 1,000 or more vehicle trips in any given hour.
· Proposed Action will result in the incineration of more than 1 ton of refuse per hour,
· Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source
producing more than 10 million BTU' s per hour.
· Proposed Action will allow an increase in the amount of land committed to
industrial use,
· Proposed Action will allow an increase in the density of industrial development
within existing industrial areas.
· Other impacts:
IMPACT ON PLANTS AND ANIMALS
8. Will Proposed Action affect any threatened or endangered species?
[] NO []YES
Examples that would apply to column 2
· Reduction of one or more species listed on the New York or Federal list, using
the site, over or near the site, or found on the site.
· Removal of any port,on of a cr*Kical or significant wildlife habitat.
· Application of pesticide or herbicide more than twice a year, other than for
agricultural purposes.
· Other impacts:
9, Will Proposed Action substantially affect non-threatened or nonendangered
species?
[] NO []YES
Examples that would apply to column 2
· Proposed Action would substantially interfere with any resident or migratory fish,
shellfish or wildlife species,
· Proposed Action requires the removal of more than 10 acres of mature forest
(over 100 years of age) or other locally important vegetation.
· Other impacts:
IMPACT ON AGRICULTURAL LAND RESOURCES
10. Will Proposed Action affect agricultural land resources?
[] NO r-]YES
Examples that would apply to column 2
· The Proposed Action would sever, cross or limit access to agricultural land
(includes cropland, hayfields, pasture, vineyard, orchard, etc.)
8
1
Small to
Moderate
impact
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
2 3
Potential Can Impact Re
Large Mitigated By
Impact Project Change
[] [] Yas [] No
[] [] Yes [] NO
[] [] Yes [] No
[] [] Yes [] No
[] [] Yes [] No
[] [] Yes [] No
[] [] Yes [] NO
[] [] Yes [] No
[] [] Yes [] No
[] [] Yes [] No
[] [] Yes [] No
[] [] Yes [] No
[] [] Yes [] No
[] [] Yes [] No
[] [] Yes [] NO
[] [] Yes [] No
[] [] Yes [] NO
[] [] Y~ [] No
· Construction activity would excavate or compact the soil profile of agricultural
land,
· The Proposed Action would irreversibly convert more than 10 acres of agricultural
land or, if located in an Agricultural District, more than 2.5 acres of agricultural land,
e The Proposed Action would disrupt or prevent installation of agricultural land
management systems {e.g,, subsor[ace drain lines, outlet ditches, strip cropping);
or create a need for such measures (e.g. cause a farm field to drain poorly due to
increased runoff).
Other impacts:
1
Small to
Moderate
Impact
Potentiat Can impact Be
Large Mitigated By
impact Project Change
[] [] Yes [] No
[] [] Yes [] .o
[] Yes [] No
[] [] Yes [] No
IMPACT ON AESTHETIC RESOURCES
11 .' Will Proposed Action affect aesthetic resources? [] NO []YES
(if necessary, use the Visual EAF Addendum in Section 617.20, Appendix B,)
Examples that would apply to column 2
· Proposed land uses, or project components obviously different from or in sharp
contrast to current surrounding land use patterns, whether man-made or natural.
· Proposed land uses, or project components visible to users of aesthetic
resoumes which will eliminate or significantly reduce their enjoyment of the
aesthetic qualities of that resoume,
· Project components that will result in the elimination or significant screening
of scenic views known to be important to the area.
· Other impacts:
[] [] Yes [] NO
[] [] Yes [] No
[] [] Yes [] No
[] [] Yes [] No
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
12. Will Proposed Action impact any site or structure of historic, prehistoric or
paleontological importance? [] NO [-]YES
Examples that would apply to column 2
· Proposed Action occurring wholly or partially within or substantially contiguous
to any facility or site listed on the State or National Register of historic places.
· Any impact to an archaeological site or fossil bed located within the project site.
· Proposed Action will occur in an area designated as sensitive for archaeological
sites on the NYS Site Inventory.
· Other impacts:
[] [] Yes [] NO
[] [] Yes [] No
[] [] Yes [] NO
[] [] Yes [] No
IMPACT ON OPEN SPACE AND RECREATION
13, Will proposed Action affect the quantity or quality of existing or future open
spaces or recreational opportunities? [] NO E~]YES
Examples that would apply to column 2
· The permanent foreclosure of a future recreational opportunity,
· A major reduction of an open space important to the community.
· Other impacts:
[]
[]
[]
[] [] Yes [] NO
[] [] Yes [] "o
[] [] Yes [] NO
9
IMPACT ON CRITICAL ENVIRONMENTAL AREAS
Will Proposed Action impact the exceptional or unique characteristics of a
critical environmental area (CEA) established pursuant to subdivision
6NYCRR 617.14(g)? [] NO [~YES
List the environmental characteristics that caused the designation of the CEA.
Examples that would apply to column 2
· ~oposed Action to Iocste within the CEA?
· Proposed Action wilt result in a reduction in the quantity of the
· Proposed Action will result in a reduction in the quality of the
· Proposed Action will impact the use, function or enjoyment of the
· Other impacts:
1
Small to
Moderate
Impact
[]
[]
[]
[]
2 3
Potential Can Impact Be
Large Mitigated By
Impact Project Change
[] [] Yes [] No
[] [] Yes [] No
[] [] Yes [] No
[] [] Yes [] No
[] [] Yaa [] .o
IMPACT ON TRANSPORTATION
15. Will there be an effect to existing transportation systems?
[] NO []YES
Examples that would apply to column ;2
· Alteration of present patterns of movement of people and/or goods.
· Proposed Action will result in major traffic problems.
· Other impacts:
[] [] Yes [] No
[] [] Yaa [] .o
[] [] Yes [] No
IMPACT ON ENERGY
16, Will Proposed Action affect the community' s sources of fuel or energy
supply? [] NO []YES
Examples that would apply to column 2
· Proposed Action will cause a greater than 5% increase in the use of any form
of energy in the municipality.
· Proposed Action will require the creation or extension of an energy transmission
or supply system to serve more than 50 single or two family residences or to
serve a major commercial or industrial use.
· Other impacts:
NOISE AND ODOR IMPACT
17. Will there be objectionable odom, noise, or vibration as a result of the
Proposed Action? [] NO []YES
Examples that would appty to column 2
· Blasting within 1,500 feet of a hospital, school or other sensitive facility.
· Odors will occur routinely (mom than one hour per day).
· Proposed Action will produce operating noise exceeding the local ambient
noise levels for noise outside df structures,
· Proposed Action will remove natural barriers that would act as a noise screen.
· Other impacts:
[]
[]
[] [] Yes [] No
[] [] Yes [] No
[] [] Yes [] No
[] [] Yes [] No
[] [] Yea [] No
[] [] Yes [] NO
[] [] Yes [] No
[] [] Yes [] No
lO
IMPACT ON PUBLIC HEALTH
18. Will Proposed Action affect public health and safety?
[] No []YEs
Examples that would apply to column 2
· Proposed Action may cause a risk of explosion or release of hazardous
substances (i.e. oil, pesticides, chemicals, radiation, otc.) in the event of
accident or upset conditions, or there may be a chronic Iow level discharge
or emission.
· F~roposed Action may result in the burial of "hazardous wastes" in any form
(i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.)
· Storage facilities for one million or more gallons of liquefied natural gas or
other flammable liquids.
· Proposed Action may result in the excavation or other disturbance within
2,000 feet of a site used for the disposal of solid or hazardous waste.
· Other impacts: _ _
1
Small to
Moderate
Impact
2
Potential
Large
Impact
3
Can Impact Be
Mitigated By
Project Change
[] Yes [] No
[] Yes [] No
[] Yes [] No
[] Yea [] No
IMPACT ON GROVVTH AND CHARACTER
OF COMMUNITY OR NEIGHBORHOOD
19. Will Proposed Action affect the character of the existing community?
[] NO [~YES
Examples that wouJd apply to column 2
· The permanent population of the city, town or village in which the project is
located is likely to grow by more than 5%. []
~ The mun eipa budget for cap ta expend tures, or operating services will []
increase by more than 5% per year as a result of this project.
- Proposed Action will conflict with officially adopted plans or goals. []
· Proposed Action will cause a change in the density of land use. []
- Proposed Action will replace or eliminate existing facilities, structures or []
areas of historic importance to the community.
· Development will create a demand for additional community services []
(e.g. schools, police and fire, etc.)
· Proposed Action will set an important precedent for future projects. []
e Proposed Action will create or eliminate employment. []
· Other impacts: []
[]
[]
[]
[]
[]
[]
[]
[]
[] Yes [] No
[] Yes [] No
[] Yee [] No
[] Yes [] No
[] Yes [] No
[] Yas [] No
[] Yes [] No
[] Yes [] No
20. Is there, or is there likely to be, public controversy related to potential
adverse environment impacts? [] NO [~YES
11
If Any Action in Part 2 Is Identified as a Potential Large Impact or
If You Cannot Determine the Magnitude of Impact, Proceed to Part 3
Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS
Responsibility of Lead Agency
Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may
be mitigated.
Instructions (If you need more space, attach additional sheets)
Discuss the following for each impact identified in Column 2 of Part 2:
1. Briefly describe the impact.
2. Describe {if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s).
3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider:
· The probability of the impact occurring
· The duration of the impact
· Its irreversibility, including permanently lost resources of value
· Whether the impact can or will be controlled
· The regional consequence of the impact
· Its potential divergence from local needs and goals
· Whether known objections to the project relate to this impact.
(Continue on attachments)
12
' ]" Ppli
(Complete the certification in the paragraph th. ~ es 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. 12 of 20 03 of the
(County)(City)(Town) (V~ll:.~) of SOUTHOLD was duly passed by the
TOWN BOARD on June 17 ,20 03 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 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 and was deemed duly adopted on 20 ,
in accordance with the applicable provisions of iaw.
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)(r~assed after
disapproval) by the on 20 . Such local law was submitted
to the people by reason of a (mandatory)(permissive) referendum, and received the aff~rmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(armual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20__ Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide
basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 __
of the City of tmving been submitted to referendum pursuant to the prov~siuns of
section (36)(37) of the Mun/cipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the (special)(geneml) election held on 20 __,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law armexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the electors
at the Genera/Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affm-native vote ora majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors o£the towns of sa/d county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 , above.
Clerk of the ~hnty legislative body. Cit~ T96m or Village Clerk
or officer designated by locaI legislative bod~
Elizabeth A. Neville, Town Clerk
(SeaD Date: __ June 19, 2003
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SLrFFOLK
I, the undersigned, hereby certify that the foregoing local law contains ~ct text and that all proper proceedings
have been had or taken for the enactment o£the local law annexed~~-
~. im~gan, Esq,,-.Assiqtant Town Attorney
Greeorv F. Yakaboski, Esq., Town Attorney
Title
Town of
SOUTHOLD
Date:
June 19, 2003
STATE OF NEW YORK
DEPARTMENT OF STATE
4 I STATE STREET
ALBANY, NY 1223 I -OOO I
July 9, 2003
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
TOWN HALL, 53095 MAIN RD.
PO BOX 1179
SOUTHOLD NY 11971
Re: TOWN of SOUTHOLD, Local Law 12, 2003, filed on 6/24/03
To Whom it May Concern:
The above referenced material was received and filed by this office as indicated,
Additional local law filing forms will be forwarded upon request.
Sincerely,
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518) 474-2755
LL:ct
WWW. DOS.STATE. NY. US E-M~JI: INFO'DOS. STATE. NY. US
8t2~2003 #~1,989! 4_
Ms, Efiz~,eth A. Neviile:
The feJlowing material has been received
and wil~ be processed for i~clus~on ~n your
~e ~ supplemen~ p~ges (where
~ppii~ble):
Lo~i Law No. 12-2003
· RECEIVED
J~JL 2 2003
585/328-81
Town of Southo[d
C70 Clerk's
PO Box i i 7g
SouthcJd, NYl1971
ELIZABETH A. NEVILLE
TOWN CLEP, K
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF IN~O~TION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtovcn.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 19, 2003
New York State Department of State
State Records and Law Bureau
41 State Street
Albany, NY 12231
RE: Local Law Number 12 of 2003
Town of Southold, Suffolk County
Dear Sirs:
In accordance with provisions pf Section 27 of the Municipal Home Rule Law, I am
enclosing herewith certified copies of Local Law Number 12 of 2003 of the Town of Southold
suitable for filing in your office.
I would appreciate if you would send me a receipt indicating the filing of the enclosures
in your office. Thank you.
Velw frilly VOllrS.
SENDER: COMPLETE THIS SECTION
· CornDlete items lf2, and 3. Also complete
tern 4, if Restricted Delivery is desired,
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailp~ece
o¢ on the front if space permits.
1. Article Addressed to;
NYS Department ~f State
ltate Records & Law Bureau
ii' State Street
Albany, NY 12231
COMPLETE THIS SECTION ON DELIVERY ~~~~ ' '.
· .~.'~..., ,~,,'.;...':~,, . ~,:~..,~.~. ; :,. .... ~:...
C. Signature :~ ~-"P~f, ,.'~"~" : ~..,..~ ' .,, . ' ':~";r,' ' ~.' ~
D. Is deliv~ addre~ differ~t from ~ 17 ~ Yes
If YES, enter delive~ addr~s below: ~ No
3. 9ervice Type
~;~ Certified Mail [~ Express Mall
[~ Registered [~ Return Receipt for Merchandise
F3 Insured Mail [3 C,O.D.
4. Restrioted Delivery? Ertr~ Feel [] Yes
21 Article NumDer (Copy from service labeJ
7000 1530 0003 833# 708z~
PS Form 3811. July I999 Domestic Return Receipt
102595-00-M-0952
~nt Required)
S Department of
S t',5 t e Stri/et
............. L
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.ne~
jUne 19, 2003
Attention: Shirley Flint
Code Supplementatiun
General Code Publishers Corp.
72 Hinchey Road
Rochester, NY 14624
Re: Town of Southold Code
Local Law Number 12 of 2003
Dear Ms. Flint:
Transmitted herewith please fred the Local Law Number 12 of 2003.
Please make the appropriate mnendments to the Southold Town Code.
Thank you.
Very truly yours,
Elizabeth A. Neville
Sunthold Town Clerk
]~nclosure8
cc: Town Attorney
.I .1:3; ~.].:. ~O'!.] (.'1;,
_~¢'Y[ I{ ].1,'_O I:'PI'j BI.I
..[ Ii L~ RI.%.G .' .
~()'1'1('1.'. I.N , ll'l.Atl.'.lr~
( ;I.~, ,1"~% th:ii II~'l'.'
cn~'hl~d .'- .~!llell~h iI!_cm, hi ..r.o._~ n
(-~ll~h]' 'Ri,ti rdino
~11 ;~.1111111o il ill ~ iii,,' Io Iril_!g
%(}'1 ICI.'
I-'I.!'i, FI'III.:R (IVI.
'16','m. t;l~iard o1' fllu 'lown o1'
~'rlh~dd ~ ill hold a puhliO :hear-
iii~, ~ Ctil ~ :.J 'l~v~v'rl I lall. 5.'~0907
.,M.,~hl .l~.~m('J..~(flil'hol([. ~.:,,'~
,. fll)th,,'- JTih d_~.~ of,him,
~l',..~ll ~.Jh 0 ~ I01 lilllll} lO h,~ i~¢alcl
ills: i...Ol~,~cd Iooal klv, ~511 -
fl ¢'1.1. u ATtl ¢~ n d n!.~l:l·
IBThu,..,' -.' ';--' ";-'
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Lise MarLnace, being duly sworn, says
thai she is the Legal Advertising
Coordinator, of the Traveler Watchman,
a public newspaper printed at Southold,
in Suffolk County; and that the notice of
which the annexed is a printed copy, has
been published in said Traveler
Watchntan once each week
for..../../ ..... weekt~F ~3~uccessively,
eo~4~c',z~on the ...... ~ ......... day of
.... gJ. ~ ..... a ....... , '2003.
Sworr~ to before me this...~)....day of
· ./~4.,4~ ~. ....... ,2003.
Notary Public
tidil,iti6r
Emily Itamill
NOTARY PUBLIC, S~te of New York
No. 01[J/AS059984
Qualified in Sm'l'olk County
Commission expires May 06, 2006
Southdld
; L:L.
Procedures.
ifs
e~ (2) A descfiptioh of the street
he 16cfitloa and the:area'of ~e prog-
.... i,l~ ~ Wlaieh i~'[he ~bjeot o£such
petition:. ,.
£n.~l,. e~ (3) The Bresent zone district
~f'?h ~ ¢lassfficatibn 0f th~.pmpe~:v and
n~.p, [~-- the P~aed Zone ~strict
i!~-T-i .J~ ,uo~leme.TfiC£~io~.. '
.e. ha,.-.c.~!-modilic ~h.--' -- ' (4~. statement that iwithin
:' .\'~'li~7:l'~(~ '~, r b~ five (5) d~ys 0.f the n_ofice the
r~"~oJt t o[~l,:d
..... ....... pe~tion, ?.~.~.ng ~ach' ~an~e
.~, shall f~x the liine and in zoneinstrict claSsification'will
~ of a public heari~ on-the bc filed i~ thc SOUthOid Town
~ ~d~e~ff~a~d cause Cilerk'~ .bffice,i 'Mailt
:~-~h~ to' ~; givan pu~- Southold; 'New York, and
~. Law. .At least,tan
· (5)A .statement: that a pu~c
__ ~b 'fi~afi,n~. '~bnfl ~u[~ hearin~withres!fe~/t~o suchPeti-
[[~h'cd ip.-~'[Tnfl~]~,_.~a~.e_~.' tion [m/st be hekl by [he
'~'":--'--[L--TI~'-~b-~iT ~ ~ Sauthola TOwn Board before
· .......... ... ,~.._,._.._.~ s%~...e~g~0fZO%Canb~cc~n~e
~_~.!~.'e 19r a p,bhc hcarm[.,, sha:l
el~efive; that the pers0n to
~._~w~n request, lustmct the
~'.~i~icum report defining thc See Legals next page~
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the
Town of Southold, Suffolk County, New York, on the 3rd day of June 2003 a Local Law
entitled "Amendment to Town Code Re~ardin~ Amendments to Zonina and Public
Hearina Notice Requirements" now, therefore, be it
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of
Southold will hold a public hearing on the aforesaid Local Law at the Southold Town
Hall, 530905 Ma'm Road, Southold, New York, on the 17th day of June 2003 at 8:00
p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed local law entitled, "Amendment to Town Code Reeardine
Amendments to Zoninff and Public Hearin~ Notice Requirements" reads as follows:
LOCAL LAW NO. 2003
TOWN OF SOUTHOLD
LOCAL LAW NO. OF THE YEAR 2003
A local law entitled, "Amendment to Town Code Regarding Amendments to
Zoning and Public Hearing Notice Requirements."
Be it enacted bythe Town Board of the Town of Sonthold as follows:
I. Purpose. To clarify procedural requirements in the Zoning and Public Hearing
chapters of the Town Code.
II. The Code of the Town of Southold is hereby mended to revise the noted sections of
Chapter 100 "Zoning" and Chapter 58 "Notice of Public Heating" to read as follows:'
Chapter 100 ARTICLE XXIX Amendments
[Amended 5-30-1975 by L.L. No. 3-1975; 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]
§ 100-290. Procedures.
The Town Board, upon its own motion or by petition, may, from time to time,
mend, supplement, change, or modify er r~ea! this chapter, incind'mg the Zoning Map,
by proceeding in the fe,!!,zwing manner provided in this Article. For the vurvoses of this
Article, an amendment also includes, but is not necessarily Fnnited to, a supplement,
chanee~ or modification.
The Town Board, by resolution adopted at a stated meeting, shall fix the
time and place of a public heating on the proposed amendment and
cause notice thereof to be given pursuant to the provisions of the
Town Law. At least ten (10) days notice of the time and place of
such hearing shall be pubhshed in the official newspaper.
The Town Board, before a&:c~iair, g l~ubhshing notice for a public
hearing, shall in a written request, instruct the Town Planning
Board to prepare an official report defining the conditions
described in a petition and to determine the area so affected, with
its recommendations regarding the proposed amendment, includin~
the Plarmin~ Board recommendations.
An amendment initiated~ proposed or requested by a petitioner, other than
the Town Board or other Town agencw shall also be subject to the
additional procedural recmirements set forth in subse_ouent sections of this
Article.
§ 100-291. Fees for Petitions for Prol~osed Amendments. [Amended 11-13-1990 by
LoL. No. 26-1990]
Every petition for a change or an amendment to this chapter or the Zoning Map
shall be filed with the Town Clerk and shall be accompanied by a fee of one thousand
dollars ($1,000.) for administrative processin~ 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 § 100-55B(5)(g). The petitioner shall also be responsible for reasonable and
customary professional review fees relatin~ to environmental review of the l~etition.
§ 100-292. Additional Notice Requirements Relafin~ to Petitions for Proposed
Amendments. of proposed change of zone classification.
In the case of a petition requesting an amendment a change 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 that any petitioner owns
or has any interest in any property immediately adjacent to the
property proposed to be changed in zon'mg 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 roi1.
The notice required by this section shall be mailed by the
petitioner, or his/her agent, within five (5) days preceding the filing
of the petition in the Town Clerk's office. Proof of mailing of such
notice in the form of a swc, m statement sworn to by petitioner or
his/her a~ent shall be filed with the Town Clerk at the time of
filing the petition. Such notice shall contain the following
information:
O)
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 street 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 (5) 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 heating; and that a notice of such hearing will be
published in the official town newspaper not less than ten (10)
days prior to such pubhc hearing.
In lieu of complying with the provisions of this section, ~vritten 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.
Failure to comply with the provisions of this section shall not affect the
validity of any action with respect to such petition.
In addition to the above notice requirement, prior to holding a public
hearing on the rezening petitiom notice shall be provided pursuant to
Chapter 58. [Added 12-27-1995 by L.L. No. 25-1995]
Chapter 58 HOTICE OF PUBLIC HEARING
[HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L.
No. 25-1995. Amendments noted where applicable.]
§ 58-1. Providing notice of public heatings.
Whenever the Code calls for a public hearing this section shall apply. Upon
determining that an application or petition is complete, the board or cow_mission
reviewing the same shall fix a time and place for a public hearing thereon. The board or
commission revie~ing Notice relating to a public heating on an application or petition
shall provide for the giving of notice be provided as follows:
A. Town responsibility for publication of notice.
The reviewing board or commission shall By causing cause a notice
giving the throe, date, place and nature of the heating to be published in the
official newspaper within the period prescribed by law.
B. Applicant or Petitioner responsibiliW for posting and mailing notice.
An application or petition, initiated, proposed or requested by an applicant
or vetitioner~ other than a Town board or commission, shall also be subject
to additional notice requirements set forth below.
By requiring tThe applicant or petitioner is required to erect the
sign provided by the town, which shall be prominently d/splayed
on the premises facing each public or private street which the
property involved in 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 heating thereon. The
sign shall be set back not more than ten (10) feet from the property
line. The sign shall be displayed for a period of not less than seven
(7) 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 heating.
By rcquiring tThe 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 (7) days prior to the date of the initial public hearing on the
apphcation 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 al~¢roval involved~ and date, time and
place ofheadn~. The applicant, petitioner or agent shall file an
affidavit that s/he has complied with this provision prior to
commencement of the public heating.
15I. Severabilitv.
If any parr or provision of this Local Law or the appI/cation thereof to any person
or c~rcumstance be adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part or prowsion or application directly
involved in the controversy in which such judgment shall have been rendered and shall
not affect or unpair the validity of the remainder of this Local Law or the -application
thereof to other persons or circumstances, and the Town of Southold hereby declares that
it would have passed this Local Law or the remainder thereof had such invaiid
application or invalid provision been apparent.
Effective date.
This law shall take effect irnmediate!y upon filing in the Office of the Secretary of
State of New York.
Strike-through represents deletion.
Underline represents insertion.
BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD,
J~,JNX] 3, 2003.
ELIZABETH Aw NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON JlY~ 5, 2003, AND FORWARD ONE (1) AFFDAVIT OF
PTo~BLICATION TO ELIZABETH NEVILLE, TOWN £LERK, TOWN HALL. PO
BOX 1 ~79, SOUTHOLD, NT 11971.
Copies to the following:
Traveler Watchman
Town Attorney
Plarming Dept
Trustees
Town Clerk's Bulletin Board
Town Board Members
Building Dept
ZBA
John Cushman
Affidavit of Posting on Town Clerk's Bulletin Board
STATE OF NEW YORK)
SS
COUNTY OF SUFFOLK
ELIZABETH A_ NEVILLE, Town Clerk of the Town of Southold, New York being duly
says that on the 5th day of June, 2003 she affixed a notice of adoption of the annexed
printed resolution which is a true eopy, in a proper and substantial manner, in a most
public place in the Town of Southold, Suffolk County, to wit: Town Clerk's Bulletin
Board. Southokk New York; 53095 Main Road. Southokk New York
Resolution number 346 advertising the oublic hearing on Local Law in Relation to
Amendment to Town Code Re~arding Amendments to Zoning and Public Hearing
Notice Reauirements~ To be held at 8:00 o.m., Tuesday, June 17,, 2003.
EI~ A. 1,~eville (
Swom to before me this
_5th day of June 2003.
LYNDA M. BOHN
NOTARY PUBLIC, State of Ne~ York
No. 01BO6020932
{3ualtfied in Suffolk County
Term Expires March 8, 20Q.7.
SOUTHOLD TOWN BOARD
PUBLIC HEARING
'June 17, 2003
8:00 P.M
HEARING ON A LOCAL LAW ENTITLED "AMENDMENT TO TOWN CODE REGARDING
AMENDMENTS TO ZONING AND PUBLIC HEARING NOTICE REOUIREMENTS."
Present:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman William D. Moore
Councilman Craig A. Richter
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
COUNCILMAN WlCKHAM: NOTICE IS ItEREBY GIVEN that there has been presented to the
Town Board of the Town of Southold, Suffolk County, New York, on the 3rd day of June 2003 a Local
Law entitled "Amendment to Town Code Reearding Amendments to Zoning and Public Hearing
Notice Requirements" now, therefore, be it
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a
public hearing on the aforesaid Local Law at the Southold Town Hall, 530905 Main Road, Southold,
New York, on the !Tth day of June 2003 at 8:00 D,m. at which time all interested persons will be
g/yen an oppommity to be hear&
The proposed local law entitled, "Amendment to Town Code Re~arding Amendments to Zonin¢
and Public Hearin~ Notice Reemirements' reads as follows:
LOCAL LAW NO. 2003
TOWN OF SOUTHOLD
LOCAL LAW NO. __ OF THE YEAR 2003
A local law entitled, "Amendment to Town Code Regarding Amendments to Zoning and Public
Hearing Notice Requirements."
Be it enacted by tbe Town Board of the Town of Southold as follows:
I. Purpose. To clarify procedural requirements in the Zoning and Public Hearing chapters of the
Town Code.
It. The Code of the Town of Southold is hereby amended to revise the noted sections of Chapter 100
"Zoning" and Chapter 58 "Notice of Public Hearing" to read as follows:
Chapter 100 ARTICLE XXIX Amendments
[Amended 5-30-1975 by L.L. No. 3-1975; 11-15-1983 by L.L. No. 13-t983; 1-8-1985 by L.L. No. t-
1985; 1-10-1989 by L.L. No. 1-1989]
§ 100-290. Procedures.
June 17, 2003
Public Hearing-Town Code Amendments
2
The Town Board, upon its own motion or by petition, may, from time to time, amend,
supplement, change, or modify ov~o~ this chapter, including the Zoning Map, by proceeding in the
f~!!c~,:fr~g manner provided in this Article. For the pur0oses of this Article, an amendment also
includes, but is not necessarily limited to~ a supplement chan~e, 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 ten (10) days notice
of the t/me and place of such heating shall be published in the official
newspaper.
B. The Town Board, before a~ve:~;2ging publishin~ notice for a public hearing, shall in a
written request, instruct the Town Planning Board to prepare an official report
defining the conditions described in a petition and to determine the area so
affected, with its recommendations re~arding the croposed amendment,
includin~ the Planning Board recommendations.
C. An amendment inifiated~ proposed or requested by a petitioner~ other than the Town
Board or other Town agencw shall also be subject to the additional procedural
requirements set forth in subsequent sections of this Article.
§ 100-291. Fees for Petitions for Prooosed Amendments. [Amended 11-13-1990 by L.L. No. 26-
1990]
Every petition for a change or an amendi~aent to this chapter or the Zoning Map shall be filed
with the Town Clerk and shall be accompanied by a fee of one thousand dollars ($1,000.) for
administrative processing as ~tablished by a resolution of the Town Board. The fee for a petition for a
change of zone to the Affordable Housing District is set foffia in § 100-55B(5)(g). The petitioner shall
also be responsible for reasonable and customary professional review fees relating to environmental
review of the petition.
§ t00-292. Additional Notice Requirements Relating to Petitions for Proposed Amendments. -of
proposed change of zone classification.
A. In the case of a petition requesting an amendment a c~ange in zoning district
class/ficafion or the Zonin~ 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 that any petitioner owns or
has any interest in any property immediately 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 (5) days preceding tbe filing of the petition in the Town
Clerk's office. Proof of mailing of such notice in the form of a :';;c~ 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.
June 17, 2003
Public Hearing-Town Code Amendments
3
(2) A description of the street 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 (5) days of the notice the petition requesting such
change in zone district classification will be filed in the Southold Tawn
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 hearing; and that a notice of such hearing will be
published in the official town newspaper not less tlmn ten (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 pubhc heating on the
rczzr2ng petition, notice shall be provided pursuant to Chapter 58. [Added 12-27-1995
by L.L. No. 25-1995]
Chapter 58 NOTICE OF PUBLIC HEAR1NG
[HISTORY: Adopted bythe Town Board of the Town of Sonthold 12-27-1995 as L.L. No. 25-1995.
Amendments noted where applicable.]
§ 58-1. Providing notice of public hearings.
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 thereom The board or commission reviewing Notice relating to a public
hearing on an application or petition shall provide for the giving of notice be provided as follows:
A. Town responsibility for publication of notice.
The reviewing board or commission shall By ca~egLng cause a notice giving the time,
date, place and nature of the heating to be published in the official newspaper within the
period prescribed by law.
B. Applicant or Petitioner responsibility for posting and mailin~ notice.
An application or petition, initiate& 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.
(D By requiring t_The applicant or petitioner is required to erect the sign provided
by the town, which shall be prominently displayed on the premises facing each
public or private street which the property involved in 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 ten (t0) feet from the property line. The sign
shall be displayed for a period of not tess than seven (7) days immediately
June 17, 2003
Public Hearing-Town Code Amendments
preceding the date of the public heating. 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.
C-:. 2(~ By requiring t_The applicant orpetitioner 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
pe~dtiom Such notice shall be made by certified mail, return receipt requested,
posted at least seven (7) 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 subiect property~ nature of relief or approval
involvexk and date, time and place ofhearine. The applicant, petitioner or agent
shall file an affidavit that s/he has complied with this provision prior to
commencement of the public hear/n~
m, SeverabiliW.
If any part or provision of this Local Law or the apphcation thereof to any person or
circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be
confined in its operation to the part or provision or application directly involved in the controversy in
which such judgment shall have been rendered and shall not affect or impair the validity of the
remainder of this Local Law or the application thereof to other persons or c~rcumstances, and the Town
of Southold hereby declares that it would have passed this Local I~aw or the reminder thereof had
such invalid application or invalid provision been apparent.
IV. Effective date.
This law shall take effect immediately upon filing in the Office of the Secretary of State of
New York.
COUNCILMAN WlCKHAM: There are several other relatively small things, the whole purpose of
this is to give increased specificity and detail to the notices that the Town is obliged to give when there
is a proposed change in the zoning and the notice of public heating sections of the Board. I have a
number of responses to this, one is from the Suffolk County Department of Planning, which essentially
says that this is a matter of local determ/nation and the County has no particular views about it for our
needs. The Planning Board has a letter recommending it, the Planning Board has reviewed the
proposed law and the Planning Board supports the adoption of this proposed amendment because the
current wording of the code is flawed. I have notices that it has been officially filed with the
newspapers as a legal notice, it has also appeared through an affidavit out there on the bulletin board
outside of Town Hall. I believe that is all the notices that I have on this public heating.
SUPERVISOR HORTON: The floor is open to the public to address the Town Board on this public
hearing~
RUTH OLIVA: Good evening, Ruth Oliva speaking on behalf of the Zoning Board of Appeals. We
have a couple of minor suggestions in the notice of public hearing, Chapter 58, down at the bottom of
the page. Where is says "Such notice shall be made by certified mall, return receipt requested, posted
at least seven (7) days." We would request that you make it 10 days because very often, when the
notices are sent out and there is a holiday on Monday, the mail is not picked up until Tuesday night or
even Wednesday and it does not give people sufficient time to address whatever hearing that they
choose to come to. That is the first one.
June 17, 2003
Public Hearing-Town Code Amendments
JUSTICE EVANS: This is D, Section 2?
MS. OLIVA: Yes. We are at the top of the last page. And also the last sentence in that, the applicant,
petitioner, or agent shall file an affidavit that he or she has complied with this provision prior to the
commencement of the public heating. Now, very often, what we do is we get the announcement or the
proof of that right at the dais. We would suggest that you make that two days before the hearing. Not
less than two days before the commencement.
COUNCILMAN WICKHAM: Where is this?
MS, OLIVA: The last sentence on the last page. "The applicant, petitioner or agent shall file an
affidavit that he or she has complied with this provision." We would like it to say "Not less than two
days prior to a commencement of a public hearing."
SUPERVISOR HORTON: Okay.
COUNCILMAN WICKHAM: Anything else?
MS. OLIVA: Nope. That is it. Thank you very much.
SUPERVISOR HORTON: The first change is seven to 10 days?
MS. OLIVA: Yes, 10 days. Because when it goes over a holiday, it really does make it difficult when
people are out of town or something, they don't pick up their mail and they would tike to come here
for the meeting. This gives them more of an oppommity. Thank you.
SUPERVISOR HORTON: Thank you very much. Would anyone else care to address the Board on
this public hearing?
DARL1NE DUFFY: I am Darline Dully from Greenport Forgive me, t didn't see this hearing listed
until not that long ago, so I am not all that sure what this pertains to. Is it only for zoning notification
for hearings on zoning changes or does it also apply to the Plamfing Board for site plan approval. All
notification? Okay. Then I wanted to ask the Board if they could put something in the code that
would address the fact that, ifI can give you a personal experience, because I am not quite sure.
SUPERVISOR HORTON: Sure.
MS. DUFFY: There was a large industrial project going on, on a parcel of property that I thought was
adjacent to property that I though my family owns. I thought it was adjacent I didn't even know that
it was happening because we were not noticed. And after they clear cut the property, I sort of went
hysterical and when I came here to find out about it, I was notified that I was not an adjacent owner, I
have 17 acres adjacent to this and that t7 acres is a nature preserve and it has a sign on it that says it is
a nature preserve. They clear-cut the property and they put up Riverhead Building Supply buildings. I
was pretty upset that I wasn't notified and I was instructed by the Planning Board, excuse me, not the
Planning Board, by their office staff, that the railroad track is the adjacent property owner. So they
noticed the MTA. So, and I said to them, they took out the file and they showed me all of these
June 17, 2003 6
Public Hearing-Town Code Amendments
mailing receipts from people who were notified and they notified the property owners across the Main
Road and up and down both sides and the MTA. So their site plan, they were instructed to leave up 30'
of buffer along 7-11 and the condominiums and across the street. In the front there, they have to do
planting, so it looks nice but for me, now my nature preserve looks at an industrial site. And they
could have left up the natural buffer that was there and I probably would not really see it. So I was
very upset I said to them, how come across the Main Road was noticed but across the tracks weren't?
Well, because the railroad tracks are privately owned, is what I was told. And that is not correct
because they are not Izxed because it is a public authority that is managed, I don't know if the State
owns it, I assume the State does but it is at least managed by the State of New York. I would like it to
be more specific, I think that is...also, I said to my husband, when you saw the httle white sign on the
property, why didn't you come to Town Hall or tell me to look to see what that was about. He said
"Well, I was noticed prior to this site plan~" He was noticed the first time around by the agent, for the
property owner. And that actually, he did look at it and they were instructed to leave a large buffer
betwceus the railroad tracks and the bnitdmgs they were building. But when the buildings got bigger
and they needed to come closer to the property line and clear everything, they elected not to notice us.
So, I have to tell you, I was practically hysterical and t could feel my blood pressure going now. I was
pretty hysterical. So, I think that, and I was told, that in the code we, it is specific that we do not have
to notice yom You are not an adjacent property owner. So I would like you, the railroad tracks covers
a lot of property in this town. And the notice, t would not have objected to Mr. Goodule building those
buildings because I have a business, too. And I think~ I am very pro-business and he is a decent
neighbor with it, I don't have a problem with it I would have asked h/m to leave some of the trees up.
So that I wouldn't have to look at the back end of a lumberyarck The property that we have is a nature
preserve and we actually use the beach their as part of our resort. So now I am asking people to come
here, to spend time at my resort where it is nice and quiet and beautiful and they are looking at the
back end of a lumber yard. So they did have unbelievable flood lighting off the back of it that lit up
Shelter Island, but they have addressed that. The Planning Board asked them to tone that down. I
understand they are asking them to plant some more trees and I hope that I live tong enough for them
to grow, But it should have been avoided, I think, I think that I am an adjacent property owner. I
would tike to see you do something about that in the future for other property owners. Okay? Thanks.
SUPERVISOR HORTON: Thank you very much. Is there other input from the public in this public
heating?
DON WAGNER: Don Wagner, Southold. A thought came to my mind as Ms. Duffy was explaining
her problem. The Town that I used to be in, years ago, in Smithtown we had a similar problem and that
was resolved by not saying adjacent owners but by saying anyone that lived within say, I will use a
number, 500' of the parcel in question in all direction would be notified. This might be a way to
resolve this. Thank you.
SUPERVISOR HORTON: Thank you, Mr. Wagner. Is there any more input to this public hearing?
Mrs. Egan.
MRS. EGAN: In relationship to anything going on before voting, I find it extremely intolerable that
from you to the East people are laughing and talking and I don't know how they can vote properly
while they are laughing, making faces and doing likewise. This is a very, very intolerable thing for
one, two, three.
June 17, 2003 7
Public Hearing-Town Code Amendments
COUNCILMAN RICHTER: Well, excuse me. I hope that you are not talking about me.
SUPERVISOR HORTON: Thank you, Mrs. Egau. Would anybody else care to address the Board on
this public heating? (No response) Is there a comment from the Board on this public hearing? (No
response) We will close this public hearing.
Southold Town Clerk