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HomeMy WebLinkAboutLL-2003 #22Local Law Filing NEW YOP3~ 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 SOUTHOLD LOCAL LAW NO. 22 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 # 1000-103-1- p/o 19.3 FROM RESIDENTIAL OFFICE (RO) TO BUSh, mSS 03) 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- 103-1- p/o 19.3 from Residential Office (RO) to Business (B). Section 3. The zoning map as adopted by Section 100-21 of the Town Code of the Town of S outhold 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(Rev. 11/99) (1) (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as Iocal law No. 22 of 20 03 . of the (Coun~y)(C'ibg(Town) ~.r!11~.~e) 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 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 law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20__ of the (County)(City)(Town)(Village) of was duly passed by the on 20 ~ and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and £mal adoption because no valid petition was tiled requesting referendum.) I hereby certify that the Iocal la~v 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 Iaw was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance w/th 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 ~vith the power to approve or veto local laws 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 Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript 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 CounJ~i~gisladve body. City7 Town or V~l, fag e Clerk or officer designak--d by local legislative body ~ Elizabeth A. Neville, Town Clerk (Seal) Date: October 29, 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 SUFi~OLK 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 annex-~d hereto. Patricia A. Finnegahh~gq., Asstftant Town Attorney Gregory F. Yakaboskk Esrl., Town Attorney Title Town of SOUTHOLD Date: October 29, 2003 (3) STATE OF' NEW YORK DEPARTMENT OF STATE 4 I STATE STREET ALBANY, NY I ,~2_3 I-OOO ! GEOROE E. PATAKI OOVERNOR November 17, 2003 RANDY A. DAN]ELS ~EORETARY OF' ~.~"~ATB RECBV'ED Town of Southold Town Hall, 5309,5 Main Road PO Box t 179 Southold, NY 11971 2O03 RE: Town of Southold, Local Law 19, 20, 21, 22 & 23, 2003, filed on 10/31/2003 T° 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 W~fW. I)OS. STATE. NY. US · E-NAIL; INFO'DOS. STATE. NY. US 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.net October 29, 2003 Federal Express New York State Depar~ent 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. · Enclosures cc: Town Attorney Very tmly yours, Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NE~ TOWi~ CLEI{K REGISTRAR OF VITAL STATISTICS 1VI. ARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-614'5 Telephone (631) 765-1800 sou~hold~own.northfork, net OFFICE OF TI-IE TOWN CLERK TOWN OF SOUTHOLD October 29, 2003 Attention: Shirley Flint Code Supplmnentation General Code Publishers Corp. 72 Hinehey Road Rochester, NY 14624 Re: Town of Southold Code Local Law Numbers 19 - 23 of 2003 Dear Ms. Flint: Transmitted herewith please find the Local Law Numbers 19 -23 of 2003. Please make the appropriate amendments to the Southold Town Code. Thartk you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures cc: Town Attorney ,%, ,~:" , ~;~ v %he foitowing ma-'.eri~l has been recei?ed and w~[ be ~ocessed for ~c[dsio~ in your appli~b!e): · Loc&[ ~w ~os. ~ 9-2003 to 23~2033 General Code Pubiishers Pho~,e: 800/838-8834 Fax: 585/328-8'i 89 C/O C~erk's '-"=' PO Box ? 79 Southoid, NY ! 197~; LEGAL NOTICE NOTICE OF PUBLIC ItEARING NOTICE IS BEREBY GIVEN the Town Board Of the Town of Sogthold has received a petition t~ mnehd th~ Zoning M~p of the' Town 0f 8outhold by chaaglng the Zoning District designat~0n Of SCI'~#~ 1000- 103-1.- :p/6' 19.3 from Residenffal O/rice IRO) to t FUR. TIlER pursuant to to be from to r for South. ot~ The zone The 3.3 tt the THE BY DISTRICT OF SCTM # '1 plo i9.3 ' FROM RESlDENTtJMb OFFICE (RO) TO BUSINESS BY,ORBER OF THE SOU~i'HOL~ TOW~ 2~3 ~E~ IX t~W03 (976) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Lise Marinace, being duly sworn, says that she is the Legal Advertising Coordinator, of the Traveler ~Vatchman, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the armexed is a printed copy, has been published in said Traveler fcWraf.c.h..m.?. ~..wee°kncd e..asC}lc c e s s:- vWee~yk' com~cicg untl¢ ......~ ....... day of .... Sworn t before me this ~ day .... 00,. ' ........ of Notaxy Public Emily Hamill NOTARY PUBLIC, State of New York No. 01 HA5059984 Qualified in Suffolk County Commission expires May 06, 2006 LEGAL NOTICE NOTICE OF PUBLIC HEARING 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# 1000-103-1- p/o 19.3 from Residential Office (RO) to Business (B); 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 5:20 I~.m., Tnesdav, 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# 1000-103-1- p/o 19.3 from Residential Office (RO) to Business (B). The petitioner for this request is the Town Board of the Town of Southold. The petitioner for the original zone change was Frank Cichanowicz. The property is approximately 3.3 acres and is located at the south side of Main Road, Cutchogne, New York. The Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF TI-I~ TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM # 1000-103-1- p/o 19.3 FROM RESIDENTIAL OFFICE (RO) TO BUSINESS (B)" BY ORDER OF THE SOUTIIOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, September 23, 2003 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH 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 NE~,~fORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ~ day of, ~~, 2003, she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southotd, New York. Notice of Public Hearing: Stacy & Michael Shcppard Change of Zone. ~El~abeth A. Ne~4 le~~ Southold Town Clerk Sworn before me this -~ dayof,_~o ~2003. Notary Public LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01BO6020932 Quaiified in Suffolk County Term Expires March 8, 20 r..LT._ SOUTHOLD TOWN BOARD PUBLIC HEARING October 21, 2003 5:20 P.M. HEARING ON "A LOCAL LAW TO AMEND THE ZONING IV[AP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM #1000- 103-1-P/O 19.3 FROM RESIDENTIAL OFFICE (RO) TO BUSINESS (By'. 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# 1000-103-1- p/o 19.3 fi:om Residential Office (RO) to Business 03); 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 ufthe Town of Southold will hold a public heating on the aforesaid local law at the Southold Town Hall, 53095 Main Road, Southold, New York at 5:20 o.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 S CTM# 1000- 103-1- p/o 19.3 from Residential Office (RO) to Business 03). The petitioner for this request is the Town Board of the Town of Southold. The petitioner for the original zone change was Frank Cichanowicz. The property is approximately 3.3 acres and is located at the south side of Main Road, Cutchogne, 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 # 1000-103-1- p/o 19.3 FROM RESIDENTIAL OFFICE 0RO) TO BUSINESS (B)" We have here a notice that it has appeared as a legal in the local Traveler-Watchman newspaper, it has appeared on the Town Clerk's newspaper and I have a memo fi:om our Town Plarming Board which says 'The Planning Board supports the ratification of this past change of zone actions for the purpose October 21, 2003 2 Public Heahng-Cichanowicz Change of Zone of correcting a legal zoning map'. The Suffolk County Department of Plarming has replied saying that this is considered to be a matter of local determination as there is no apparent significant County-wide impact. The decision of local determination should not be construed as either approval or disapproval. SUPERVISOR HORTON: Thank you, Councilman Wickham. Are there comments from the floor on this public heating? (No response) We will close this public hearing and move to the heating that was scheduled at 5:25 P.M. Elizabeth A. Neville Southold Town Clerk