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Home My WebLink AboutLL-2003 #19Local 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. Town of V:II:G: SOUTHOLD LOCAL LAW NO. 19 OF 2003 BE IT ENACTED, by the Town Board of the Town of Southold as follows: A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM # 1000-122-4- 44.2 fTom LOW DENSITY RESIDENTIAL (R-80) DISTRICT TO MARINE (M-l) Section 1. Legislative Intent. The Southold Town Board intends to ratify a previous zone change to conform to the Town Code and other legal requirements. Section 2. Enactment. The Town Board of the Town of Southold hereby changes the zoning district designation for SCTM# 1000-122- 4- 44.2 fi:om Low Density Residential (R-80) District to Marine (M-l). Section 3. The zoning map as adopted by Section 100-21 of the Town Code of the Town of Southold is hereby amended to reflect the within change of zoning district designation for said parcel. Section 4. This local law shall take effect immediately upon filing with the Secretary of State. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rcw. 11/99) (1) (Complete the certification in the paragraph that applies to the f'ding 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. 19 of 20 03 . of the (Cc~unt30(Ci~y)(Town) ~,ri!Izgz) of SOUTHOLD was duly passed by the TOWN BOARD on OCTOBER 21 ,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 Execufive 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 ~tisapproval) by the and was deemed duly adopted on 20 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 ., and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was subrrdtted to the people by reason of a (mandatory)(permissive) referendum, and received the affmnative 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 fried 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 Iaws or ordinances. (2) 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 Mmaicipal Home Rule Law, and having received the affu'raative 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, haxdng 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 ora 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 therefrom and of the whole of such OrigSnal local law, and was finally adopted in the manner indicated in paragraph 1 , above. C ertc of the ~ legislative bod~ Cit-A Tow~or Vi age Cler or officer designated by local leg/slative body Elizabeth A. Neville, Town Clerk (Sea[.) Date: __.October 29, 2003 (Certification ~o be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law ann/~/_,,~ereto. Patricia A. ~sq., As 'glOat Town Attorney Gregory F. Yakaboski, Esa., Town Attorney Title Town of SOUTHOLD Date: October 29, 2003 (3) STATE OF NEW YORK DEPARTMENT OF STATE 4 I STATE STREET ALBANY, NY 1223 I -000 I ' November 17, 2003 PckNDy A, DANIELS Town of Southold Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 RECEIVED NOV ,~,p 2003 Soulllold 1'~. (:lea RE: Town of Southold, Local Law 19, 20, 21, 22 & 23, 2003, filed on 10/31/2003 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:cb EI.rT. ABETH A. NEVILLE TOWN CLEPtJK 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 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Oct6ber 29, 2003 Federal Express New York State Department of State State Records and Law Bureau 41 State Street Albany, NY 12231 RE: Local Law Numbers 19 - 23 of 2003 Town of Southold, Suffolk County Dear Sirs: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law Numbers 19 - 23 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. Enclosurcs Very truly yours, Elizabeth A. Neville Southold Town Clerk cc: Town Attorney ELIZABETH Ao NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF ~IFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou~hold~own.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD O~tober 29, 2003 Attention: Shirley Flint Code Supplementation General Code Publishers Corp. 72 Hinchey Road Rochester, NY 14624 Re: Town of Southold Code Local Law Numbers 19 - 23 of 2003 Dear Ms. Fl'mt: Transmitted herewith please find the Local Law Numbers 19 - 23 of 2003. Please make the appropriate amendments to the Southold Town Code. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures cc: Town Attorney i '~ :.,' '::.'.:~ E ~ ~',':' .~ :i~' '/ Ms, ~iz~beth A. Neville: , . ., The fo~owin~ mated~ has been Tece~ved and wff[ be p~ocessed for mc[dsio~ in your appli~b!e): · Loc&[ ~w ~os. ~ 9-2003 to 23~2033 PO Box i i 79, Southoid. NY !I Genem, l Code Pubiishers Phone: 800/838-8834 · Fax: 585/828-818-9 LEGAL NOTICE NOTICE OF PUBLIC. all interested persons will be given an opportunity to be heard. The lxt~f tllis_ Loc a~l Law is to ratify the change of Zoning Disttict Designation of SCTM# 1000-122-4- 44.2 from Low Density Residential (R-80) District to Marine (M-l). The petitioner for this request is the Towa Board of the Town of Sonth01d. The petition~ for the original zone change was Stdon-g's Marine. The property is approximtaly-8.46 acres and is located at the' end of a fight- of-way off Camp Mine01a Road, adjacent to James Creek. Matftuclg New York. -.-The Local Law is entitled, LOCAL I~AW TO AMEND THE ZONING MAP OF TH~ TOWN OF SOUTHOLD BY ~ HEARING- _ CHAzlgGtNG THE ZONING NOTICE IS HEREBY DISTRICT DESIGNATION GIVEN the Town Board of the OE SCTMt~ 1000-t22-4- 44.2 Town of South01d lias received from LOW DENSITY RESI- a petition to amend the Zoning DENTIALr~ (P,,-80) ,,DISTRICT Map of the Town o£:South01d TOMARffNE(M-[)? by changing the Zoning District - . · BY ORDER OF ~ designation of SCTM~'~1000- ' . SoIYrlrlOLD TOWN 122~,4:44.2 frgm Low. Density BOARD OF THI~TOWN OF Residential~ (R-80~ District to SOUTItOLD, Septemher 23, Marine 0d-l); and -, : ' 2003 NOTICE IS FURTHER E~TH A. NEVILLE GIVEN, that parsuam ro Sectioff 265 of the Town Law and requirements of the Code of the Tom of S0uthold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearing on the aforesaid local law ~t the S_outhold Town Hall, 53095 Main Road, Sunthold, New York at 5:05 p,m., TUesday, October 21.2003 at which t'mae SOUTHOLD TOWN CLERK 1X 10/2 03 (980~ COUNTY OF SUFFOLK STATE OF NEW YORK ss: Lise Marinace, being duly sworn, says that she is the Legal Advertising Coordinator, of the Traveler g/atchman, 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 £o rV/a :.c.h..7.a. ~... wee;(r c~ ~asCuhcce s sivSel~k' com~,~n.~, ..... ...~.....;...day o~ ....... . S ~wsrr~ t~o- b/efo,re me this.....~'7....day of 2003. Notary Public Emily Hamill NOTARY PUBLIC, State of New York No. 01HA5059984 Qualified in Suffolk County Commission expires May 06, 2006 LEGAL NOTICE NOTICE OF pUBLIC I~,~RING NOTICE IS HEREBY GIVEN the To~vn Board of the Town of Southold has received a petition to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-122-4- 44.2 from Low Density Residential (R-80) District to Marine (M-I); and NOTICE IS FURTHER GIVEN, that pursuant to Section 265 of the Town Law and requirements of 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 aforesaid local law at the Southold Town Hall, 53095 Main Road, Southold, New York at 5:05 I~.m,, Tuesday, October 21, 2003 at which time all interested persons will be given an opportunity to be heard. The purpose of this Local Law is to ratify the change of Zoning District Designation of SCTM# 1000-122-4- 44.2 from Low Density Residential (R-80) District to Marine (M- I). The petitioner for this request is the Town Board of the Town of Southold. The petitioner for the original zone change was Strong's Marine. The property is approximately 8.46 acres and is located at the end of a right-of-way off Camp Mineola Road, adjacent to James Creek, Mattituck, New York. The Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM # 1000-122-4- 44.2 fi.om LOW DENSITY RESIDENTIAL (R-80) DISTRICT TO MARINE (M-l)" BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, September 23, 2003 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBMSH ON OCTOBER 2, 2003, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Traveler Watchman Planning Board Town Attorney Town Board Members Code Committee Town Clerk's Bulletin Board STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETI-I A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ~(J day of ~ , 2003, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk Comaty, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Notice of Public Hearing: Strong's Marina Change of Zone. r-Elizabeth A. Nevilqe Southold Town Clerk Sworn before me ~lfis g~5 day of ~2003. IYNDA M. BOHN [~l~'~llJ~ PUBLIC, State of New YOI~ No. 01BO6020932 ~a~alifled in Suffolk Count~/ Expires March 8, 20.0.~ SOUTHOLD TOWN BOARD PUBLIC HEARING October 21, 2003 5:05 P.M. HEARING ON "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM #1000- 122-4-44.2 FROM LOW DENSITY RESIDENTIAL (R-80) DISTRICT TO MARINE (M-l)". 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 HEREBY GIVEN the Town Board of the Town of Southold has received a petition to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-122~4- 44.2 from Low Density Residential (R-80) District to Marine (M-l); and NOTICE IS FURTHER GIVEN, that pursuant to Section 265 of the Town Law and requirements of 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 aforesaid local law at the SouthoId Town Hall, 53095 Main Road, Southold, New York at 5:05 p.m., Tuesday, October 21, 2003 at which time all interested persons will be given an opportunity to be heard. The purpose of this Local Law is to ratify the change of Zoning District Designation of SCTM# 1000- t22-4- 44.2 from Low Density Residential (R-80) District to Marine (M-l). The petitioner for this request is the Town Board of the Town of Southold. The petitioner for the original zone change was Strong's Marine. The property is approximately 8.46 acres and is located at the end ora right-of-way off Camp Mineola Road, adjacent to James Creek, Mattituck, New York. The Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM # 1000-122-4- 44.2 from LOW DENSITY RESIDENTIAL (R-80) DISTRICT TO MARINE (M-l)" I have the notice that it has appeared as a legal in the Town newspaper and it has appeared on the Town Clerk's bulletin board. SUPERVISOR HORTON: Any other correspondence? COUNCILMAN WICKHAM: There is no other relevant correspondence. October 21, 2003 2 Public Hearing-Strong's Marina SUPERVISOR HORTON: Okay, thank you, Councilman Wickham. Would anybody care to address the Town Board on this public hearing? (No response) Comments from the Board? COUNCILMAN WICKI-IAM: I beg your pardon. The Town Clerk pointed out what I overlooked. We do have a letter from the Suffolk County Department of Planning, which essentially says this is a matter of local determination and there is no apparent significant county-wide or inter-community. And we have something from our Planning Board and I will summarize briefly: 'The Platming Board supports the ratification of these past changes of zone actions for the purpose of correcting a legal zoning map.' And I believe that is what we have. SUPERVISOR HORTON: Okay. Thank you. We will close this hearing. Southold Town Clerk