HomeMy WebLinkAboutLL-2003 #21Local 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
SOUTHOLD
LOCAL LAW NO. 21 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 # 1000-115-9-5.1 FROM LIGHT INDUSTRIAL (Lo TO
LOW DENSITY RESIDENTIAL (R-40)
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 of SCTM# 1000-
115-9-5.1 from Light Industrial (L1) to Low Density Residential (R-40).
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(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 ccrtify that the local law annexcd hereto, designated as local law No. 21 of 20 03 . of the
(County)(Cit39(Town) (V:!Izg:) 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 (Connty)(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 w/th 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 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- ~vide
basis or, If there be none, the chairperson of the county leg/slative body, the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
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 Iocal 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 Coq~leg/slat/ve bodyTCity. Town 9gVillage Clerk
or officer designated by local leg/slative 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 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 a~xed hereto. ~/~ __
Patncm A. Finneg~m_~sq., A~'si~tant Town Attorney
Gregory F. Yakaboski, Es~l., Town Attorney
Title
Town of
SOUTHOLD
Date: Octob~ 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
i '~ :.,'
'::.'.:~ E ~ ~',':' .~ :?' '/
Ms, ~iz~beth A. N~viii~: , . .,
%he fo~owin~ ma~ed~ has been Tece~?ed
and wff[ be p~ocessed for ~c[dsio~ in your
appli~b!e):
Loc&[ ~w ~os. ~ 9-2003 to 23~2033
General Code Pubilshers
Phone: 800/838-8834
F~x: 585/328-8'i 89
. '.~ x
~EG~ NdriCE
NOTICE OF p~BLIC
c. rw~ thc To~ ~o~d
T0~ of Sou~ol& ~as received
a petition, to m~ ~e ~g
NOTICE IS .; ~URT~R
G!~, .~at :,p~u~t ~o
S~0m 2~5 oF ~e 1Tom Law
Mic:q*g:c. Iht plO:a,,'m5
e~ S~b~ Av~uc ~ ~est
de ~; 'A~ay Drive,
ad~c~ New~grL -,, ._
LOCAL LA~ TO ~ND
m~ o~ SO~OL~ gY
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Lise Marinace, being duly sworn, says
that she is the Legal Advertising
Coordinator, of the Traveler Watchman,
a public newspaper printed at Southold,
in Suffolk CoLmty; and that the notice of
which the apmexed is a printed copy, has
been published in said Traveler
Watchman once each week
for ...... ./.....week(gT-- ysuccessively,
comnJiZ~i~$g 9n th~ ......7 .......day of
..... ~7~/d),,,~...~.,~.r'~ ........ ~, 2003.
Swgrn t,o before me thi .s.~.7..L....day of
· .ff-5).<7~.~ .L<(...., 2003.
Notary Public
Emily Hamill
NOTARY PUBLIC, State of New York
No. 01HA5059984
Qualified in Suffolk County
Commission expires May 06, 2006
:5 ,SO'tTTHOED TOWN
' ' LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTSCE 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# 1000-115-9-5.1 from Light Industrial (LI) to Low Density
Residential (R-40); and
NOT2CE 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 5:15 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-I 15-9-5.1 l~om Light Industrial(LI) to Low Density Residential (R-40).
The petitioner for this request is the Town Board of the Town of Southold. The
petitioners for the original zone change were Stacy A. and Michael J. Sheppard. The
property is approximately 1.20 acres and is located on the south side of New Suffolk
Avenre and west side of A/xway Drive, 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 # 1000-115-9-5.1 FROM LIGHT INDUSTRIAL (LI) TO LOW DENSITY
RESIDENTIAL (R-40)'
BY O;1DER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF
SOWfHOLD, September 23, 2003
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLI~r/ON OCTOBER 2, 2003, AND FORYvARD ONE (1) AFFIDAVIT
OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Traveler Watctunan
Planning Board
Town Attorney
Town Board Me~mbers
Code Committee
Town Clerk's Bulletin Board
STAq ?E OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETIt A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly sworn, says that on the ,o)~ day of,..~40 ~0x3-~ 2003, she affixed a
notice
of which the annexed printed notice is a tree copy, in a proper and substantial mariner, in
a most pubhc place in the Town of Southold, Suffolk County, New York, to wit: Town
Clerk s Bulletin Board, 53095 Main Road, Southold, New York.
Notice of Public Hearing: Stacy & Michael Sheppard Change of Zone.
Elizabeth A. Neville
Southold Town Cl~rk
Swom before me this
.3(D day ofv~~0~.~ 2003.
Notary Public
LYNDA M. BOHN
NOTARY PUBLtC, State of NeW YOI~
No. 01BO6020932
,'Jualified in Sb'ffolk County
Term Expires March 8, 20
SOUTHOLD TOWN BOARD
PUBLIC MEETING
October 21, 2003
5:15 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-
115-9-5.1 FROM L[GItT INDUSTRIAL (LI) TO LOW DENSITY RESIDENTIAL (R-40)".
Presem: 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. Yakahnski
COUNCILMAN WI~ICHAM: NOTICE IS HEREBY GIVEN the Town Board of the Town of
Sonthold has received a petition to amend the Zoning Map of the Town of Southold by changing the
Zordng District designation of SCTM# 1000-115-9-5.1 from Light Industrial (LI) to Low Density
Residential (R-40); aad
NOTICE IS FURTIIER 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 pubhc hearing on the aforesaid local law at the Southold Town Hail, 53095 Ma'm
Road, Southold, New York at 5:15 Ixm., Tuesday, October 21, 2003 at which time all imerested
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-
115-9-5.1 from Light Industrial (LI) to Low Density Residential (R-40). The petitioner for this request
is the Town Board of the To~vn of Southold. The petitioners for the original zone change were Stacy A.
and Michael J. Sheppard. The property is approximately 1.20 acres and is located on the south side of
New Suffolk Avenue and west side of Airway Drive, 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 # 1000-115-9-
5.1 FROM LIGHT Ex33USTRIAL (LI) TO LOW DENSITY RESIDENTIAL (R-40)"
I have a notice that it has appeared as a legal in the local newspaper, that it has appeared on the To~vn
Clerk's bulletin boazd and a memorandum for our Town Planning Board, which supports the
ratification of tiffs zone change for the purpose of correcting a legal zoning map.
SUPERVISOR HOW£ON: Anything further, Councilman Wickham?
October21, 2003 {
Sheppard Change o[Zone
COUNCILMAN WICKHAM:
Planning that this is a matter of local determination.
2
We also have a notice fi:om the Suffolk County Department of
SUPERVISOR HORTON: Thank you. Would anyone from the public care to address the Board on
this public heating? (No response). Comments from the Board? (No response) Okay, we will close
this public heating.
E~a~eth A. Nevil?e/~
Southold Town Board