HomeMy WebLinkAboutOrdinance Amendment- Disclosure MINUTES
SOUTHOLD TOWN BOARD
January 9, 1968
PRESENT:
SUPERVISOR LESTER M. ALBERTSON
JUSTICE HENRY CLARK
JUSTICE MARTIN SUTER
COUNCILMAN HOWARD VALENTINE
TOWN ATTORNEY ROBERT TASKER
TOWN~.CLERK ALBERT W. RICHMOND
Ordinance amendment
-2-
SUPERVISOR AT.BERTSON: We will open the hearing by reading the
legal notice of hearing:
"Notice of Hearing on Proposal to amend zoning Ordinance.
"Pursuant to Section 265 of the Town LAw and Article IX of the
Building Zone Ordinance of the Town of Southold, Suffolk County, New
York, public hearings will be held by the Southold Town Board in the
office of the Supervisor, 16 South Street, Greenport, New York, in
said Town on the 9th day of January, 1968 at 7:30 o'clock in the
evening of said day on the following proposals to amend the Build-
ing Zone Ordinance (including the building zone maps), of the Town of
Southold, Suffolk Coutny, New York,
"1. By amending the Building Zone Ordinance of the Town of
Southold, Suffolk County, New York, by adding thereto a new Article
to be Article XI to read as follows:
SUPERVISOR ALBERTSON: Andthere follows Article
"Any person desiring to be heard on the above amendment should
appear at the time and place above specifieJ.
"DATED: December 12, 1967, By Order of the Southold Town Boar~
Albert W. Richmond, Town Clerk."
SUPERVISOR A?.mERTSON: We have the affidavits of publieation
ti~e fil,~, I will know read the recommendation of the Planning Board.
"Report to: Southold Town Board, 16 South Street, Greenport, New
York, December 26, 1967.
"Gentlemen:
-3-
"This is to certify that the following action was taken by
the Southold Town Planning Board at a regular meeting held on
December 12, 1967:
"In the matter of amending the Building Zone Ordinance of the
Town of $outhold, Suffolk County, New York, by adding thereto a
new article to be Article XI, to read as follows:
(There follows the Article XI)
"It was RESOLVED: that the Souttuld T~wn Planning Board favorably
recommends to the Southold Town Board the amendment to the Southold
Town Building Zone Ordinance as set forth above. The ~anning Board is
in full agreement with the Town Board as to the reasons why such an
act should be passed.
"Respectfully submitted, John Wickham, Chairman, Southold Town
Planning Board."
SUPERVISOR ALBERTSON: At this time is there anyone present
who wishes to be heard in favor of this change?
(The~e was no response.)
SUPERVISOR ALBERTSON: Is there anyone present who wishes to
be heard in opposition to this change?
IRV/_NG L. PRICE, JR.,ESQ.: I live in Greenport. I have been
called a McKinley Republican. My basic belief is the least government
is the best government. I appear here on behalf of the public whom I
am sure has no idea what is going on. I think you should discuss the
philosophy of the thing and what you are trying to obtain. I assume
it is the result of what has happened in Islip, Huntington, etc.
-4-
I have read everything I can get my hands on about this, and nothing
has been proven. My concept of Planning and Zoning and changing ~f
zone, is that it should be granted on the merrit of the application,
not who is making the applicmtion. I keep seeing the mame Julius
Klein broaden about. I ask you about this particular amendment.
What would happen if the owner was Julius Klein and he asked for a
perfectly valid request as far as a change of zone? Suppose five
members of the Town Board has valid reason to ask for a ch~ge of
zone. I don't see any penalty here for the violation as far as
the amendment is concerned. Maybe that is covered in the Zoning
Ordinance. I call your attention to a particular section of the
amendment. Section (c).
"The mame and add~ess of every individual, partnership and
corporation having any interest direct or indirect in the property
described in the application and the nature of such interest. Witb6ut
limitation by the enumeration thereof, such interest shall include
a contract vendor, contract vendee, lessor, lessee, mortgagor,
mortgagee, lienor, lienee, guarantor, assignee, agent, broker or
the holder of any beneficial interest in such property"
To be legal, anybody that makes an application will have to make
a title search of the property. I don't know what a guarantor or
an assignee is. Now, Section (d), if any such interest in the
property is held by a partnership, the name address and interest of
every partner in the partnership for the last two years. If it's
an active partnership, i~s possible that some partners would not
now who the past partners were.
-5-
Section (e), If any such interest in the property is held by
a corporation~ the name and address of the officers, d~ectors, and
stockholders of such corporation for the past two years. The provisions
of this paragraph shall not however apply to banking corporations,
public corporations, corporations listed on a stock exchange or
corporations having more than 1~000 stockholders. That is one of
my objections. When you comply that provision about having to list
all the stockholders of any corporation, but not having to list the
stockholders of more than 1,000. If its a corporation with 999 stock-
holders you have to list everyone. Then you have to list under
section (f), the relationship, if any, of any person named in said
affidavit to any officer or employee of the Town of Southold. I don't
know how many people are employed by the Town. Anybody that makes
the application might not know if they are related to any person in
the corporation. You would end up with two or three thousand names
on an application.
I am talking on behalf of the ordinary person that doesn't know
what is going on, and when they apply for zoning or a change of zone
they are g~ing to find that it is some job to get an affidavit
together to meet this Ordinance. Each application should stand on
its own. The harm that has been disclosed down in Islip is the
acts of the people on the board and people invloved in ~ politics
and the applicant. How knowledge who the applicant is going to stop
that I don~t know. The way to get around that is to put it in
the name of somebody else. If you are trying to get at the crooked
-6-
people involved on the zoning end of it, Section 1101 is enough.
I think this is an imposition on innocent people.
SUPERVISOR ALBERTSON: Is there anyone else who wishes to speak
in opposition to this change?
(There was no response.)
SUPERVISOR ALBERTSON: Anyone wish to be heard one way or the
other?
(There was no response.)
SUPERVISOR ALBERTSON: Hearing none, I will close the hearing
for the further deliberation of the Board.
LEGAL NOTICE
NOTICE OF HEARING
ON ~PROPO~AL TO
AMENO ZONING ,ORDINANCE- cOUNTY O1~' SUFFOLI"[,
p~t to S~Uon [65 of ~e; 5TA~ OF NEW YORK.
B~ ~ne O~ce of ~e ~
Hew York, public h~rin~ wi~ be ~. is Printer and Publisher ot ~e SUFFOLK
held by ~ ~uthold Town ~d S~S that
In the ~fice of ~e Superior, 16
' ~um Strut, Gr~spo~, New ~ork, WEEKLY TIMES, a newsier pubHsh~ ~ Gr~nport, in ~d
in sai~ Town on the 9~ ~ of Jan- CO~t~I end ~et the noti~, ot which ~e ,~e~
eyeing of ~d day ~ me fonow-[ ~py, ~s ~en published in the ~d Sut~iR Week~ Times
lng p~posals to amend the B~-r wee~
lng Zone O~nce (i~lu~ng ~e] o~ce in e~ch week, t~ .......... ~ ............
Building Zone Maps), of the Townl ~.,
oi Souihold, S~/~k cowry, New l SUC~SSiVely commencin~ on ~e ,~ -~'
Zone Oral. nco of the .Tow~ of~'P ..........
~umo~d, Suilol~ Co~t~, aew S~rn to ~f~e me this ~.9~:-.
York, by adding the~ · n~ A~i-
:tion to ~ho Tawn B~d, ~ b~ffi~
r ~f appeals and ~e pl~ board~
any law, rule or reg~afion ~n- ~.~
~g to zoning and p~nning shall be
accompani~ by an af~davit
uted by the applicant a~d ~11 awn- [
~ ~nefici~ inter~t ~ ~e prop-
erty' de~cri~ ia Such' application
[ (a) The ~me and addr~s of the
[ applicant
(b) The name and a~ of the
~ o~ of the pro~y d~crl~ ~n
the appli~tion .-
~ (c) ~e ~me and addr~s
eve~ ind~id~, pa~r~ip and
. co~ation hawng a~ int~est dS-
{ r~t or indir~t in_fflo pro~rty
sm~ in ~e a~Hca~ and the
~fion by the ~eration ~ere-
, of, suc~ ~t shall include a con-
lienee, guar~tor, assent, agent,.
~icial ~rest in su~ pro~y.
(d) If a~ such ~ter~ in the
pro~rty ~ held by a ~ner~p,
the name, a~ ~d ~ter~t of
(e) If ~y ~ch ~t ~ ~
pmpe~ ~ held by a ~rporati~,
~e n~e and ad~s ut the offi-
cers, dir~[o~, and st~kholde~ of
such co~oraM~ t~ ~e ~t ~o
ye~. The p~visiom of t~ para-
~aph s~E not how~ app~ ~
ba~g cor~tio~, pubhc c~r-
a~o~ ~orati~ ~ on a stock
exc~ge or c~ hav~
mom ~ 1,000
(f) The re~fiom~p, if ~, of a~
~y offi~ or empl~ of ~e
of ~old.
(g) ~ ~e ev~t ~t th~ is ~
cha~e ~ any of ~e f~ts set loaf
~ ~ ~davit sub~ with a~
appii~on p~or to ~e ~ deri-
Sion of such appH~on, a ~p-
ple~n~l a~davit ~ such
e~ shall be fll~ ~ the a~
pmp~te b~rd pri~ to such ~al
de~om
or ~ ~ app~ ~ have ~
apphcation fH~ wi~ ~ ~ of
wMch ~ ~ a ~, such mem~r
a~ ~ ~ ~ d~a~on by
~ a~ ex~nt of ~h in~r~t by
[~g an affidavit ~ fo~
su~ ~t~t ~d tili~ the same
~ ~son d~ to be heard
on ~e ~ove am~t s~d
~ at ~e ~e and p~ce a~e
DA'~, D~EMBER 12, 1~7,
EGAL NOTICES ·
NOTICE OF HEA.~INi~B as &dop(ed April 9, 1957. ~OU~ OF SUFFOLK [ ss:
ON ~OPOSALS TO ~
ZON~G ORDNANCE 2~By charting from "B'' B~tne~ ~T~T~
Town Board in the Office of ~he Su- ty o[ Suffolk and State of New York. that he is the Editor, of THE LONG IS~ND
New York, in ~id Tow~ an the ~ descried as follows: T~VELER - MA~ITUCK WATCHMAN, ~ public news-
BEGI~ING a~ a ~int on pQper printed ~t Southo[d, Jn Suffolk Count; end thct
ing zone Maps) of the Town of ~u~h- from said ~ln~ of ~lnnlng r~min~ publmh~ in said Long Island Trcve[er-~attituck Wctch-
old, S~olk cowry, Ne~ York. westerly along ~id no~herly line of ~ ~ // / week~
follo~ng d~l~ pm~: no~herly along land of W~ilews~,~ successively, commencing on the ~....~...; ..........
Zone on the Zo~ng ~p of the Town hue: from said ~ln~ or ~gim~ing run- of ~ew ~k, ~d ~ ~ ~i ~t ~n ~t o~ land ~tu-
l~By ~anging from "B" B~iness of the Main ~ad, 86 f~t more or less ~O ~ ~ ~ ~ o~ of ~o~ ~ ~ of
- Cove; the~ w~rly ~ ~d ~h
~ne; from mid ~int of ~gim~i~ Hughes, 125 feet more or less. to land ~ ~ 1~ f~t m~ or I~ ~ ~~,~th ~]y3r. ~ ~f~t ~ent0f
Map of ~ ~ ~[on
I~, to the ~t of ~ng. ~ing 3. By c~nging from "B-2" B~ine~ t~n~ ~lo~ s~d e~ ~e,
,
a~ A~c~ ~s~l~
~s ~ct the foHo~ng
p~.
$outhold Town Planning Board
SrlUTHOLO, I. I., N. Y. llg?l
PLANNING BOARD
MEMBERS
John Wickham, Chairman
Henry Moisa
Report to: Southold Town Board
Alfred Gl'ebe 16 Seuth Street
William Unkelbach Greenport, New York
Frank Coyle
December 26, 1967
Gentlemen:
This is to certify that the following action was taken by
the Southold Town Planning Board at a regular meeting held on
December 12, 1967:
In the matter of amending the Building Zone Ordinance of the
Town of Southold, Suffolk County, New York, be adding thereto a new
article to be Article X~, to read as follows:
ARTICLE Xl - SECTION 1100 - Every application to the town board,
the board of appeals and the planning board for a change of zone,
variance, exception, permission, approval of subdivision plats or
other relief under the previsions of this ordinance or any law, rule
or regulation pertaining to zoning and planning shall be accompanied
by an affidavit aXecuted by the applicant and all owners, contract
vendees and holders of any beneficial interest in the property
described in such application and setting forth the following:
(a) The name and address of the applicant
(b) ~he name and address of the owner of the property described
in the application
(e) The name and address of every individual, partnership and
corporation having any interest direct or indirect in thd property
described in the application and the nature of such interest. Without
limitation by the enumeration thereof, such ~nterest shall include
a contract vendor, contract vendee, lessor, lessee, mortgagor,
mortgagee, lienor, lienee, guarantor, assignee, agent, broker or the
holder of any beneficial interest in such property.
Report to: Southold Town Board
December 26, 1967
(d) If any such interest in the property is held by a partner-
ship, the name, address and interest of every partner in the partner-
ship for the last two years.
(e) If any such interest in the property is held by a corporation
the name and address of the officers, directors and stockholders of
such corporation for the past two years. The provisions of this
paragraph shall not however apply to banking corporations, public
corporations, corporations listed on a stock exchange or corporations
haveing more than 1,000 stockholders.
(f) The re%~tionship, if any, of any person named in said affidavit
to any officer or employee of the Town of So~thold.
(g) In the event that there is any change in any of the facts
set forth in the affidavit submitted with any application prior to
a final determination of such application, a supplemental affidavit
containing such changes shall be filed with the appropriate board
prior to such ~inal determination.
SECTION 1101 - If any member of the Town Board, planning board
or board of appeals shall have an interest, direct or indirect, in
the property which is the subject of an application filed with the
board of which he is a member, such member shall, prior to any
determinatiDn by said board with respect to such application, publicly
disclose the nature and extent of such interest by executing an
affidavit setting forth in detail the nature and extent of such
interest and filling the same with ~e Town Clerk.
IT WAS RESOLVED: That the Southold Town Planning Board favorably
reoommends to the Southold Town Board the amendment to the Southold
Town Building Zone Ordinance as set forth above. The Planning Board
is in full agreement with the Town Board as to the reasons why such
an act should be passed.
Respectfully submitted,
John ~ickham, Chairman
Southold Town Planning Board
CC: Town Clerk
c;OUTHOLD, L. I., N. ¥.
December 14, 1967
Mr. John Wickham
Chairman, Planning Board
Cutchogue, L.I.,N.¥.
Dear Mr. Wickham;
Enclosed herewith is
a copy of a resolution passed by the
$outhold Town Board at a meeting held
on the 12th day of December, 1967.
You are instructed to
prepare an official report thereon
pursuant to the provisions of Article IX
of the Building Zone Ordinance of the
Town of Southold.
Very truly yours,
Albert W. Richmond
AWR/mr Town Clerk
At a mi'eting of the. Town Board of the l'own ot SL~nlhold h,,Id ~t
WHEIiEAS, this board belie~'es that full d~aclnsure of the
,,?' ali [,,,r's~)n9 in t)~'operty which ia {he subject of a~ly applicati(m t,, thc
mal~'i ~ ~ in th,: [,u[',lic interest, and
WHE[IHAS. this board believes tha~ the BaildinR Z{:ne
P.M. ~f said day ~n the matte~ o[ the amendment ~ftlm Southr~ld q'~,w~
}iuildl[lff Zlale ()rdillanco as i(~llowfl:
I. Thor t~.~ild~nq Zone Ordinance of the Tawn of ~O,It[If)',l,
~-,ev~ Y,-,ck. i~ her,.by amended by addi~ lher~to a nr..v Article tn
fiEC'['I()~; I I00 - Every application to the fawn b~;~r,I,
t.:, ,,ml~anic(l b'.' :~n affidavit ~xe,~uted hy tim appli,-'an' and aU
(a) -I~e name and addl'osfl of the applicant
(bi The name .md .~ddress of the mvn(n' (~1' thl' [ll'~,l:t [?,
,a.~cril.cd ~',, the applicatif~n
ship t..,d corporation having any lntet,_~l direct or indirect in
the property described in the appllcalton and the nature of such
interest. Without limitation by the enumerationthe~gf, such
in~eresi shall Include a contract vendor, contract vendee,
leaner, leanee, mortgagor, mo~gagee, lienor, lienee, gt]aran~or,
assiflnee, agent, broker or thn holder of any beneficial interest
in such property.
(~ If any such interest in the property ia held by a
partnership, the name. address and interest of every partner
in the partner~p for the last two years.
(e) If any such interest in the property is hetd by a
corporation, the name and address of the officers, directors
and stockholders of such corpo~tion for the past two years.
The pr~vis:ons of this ~ragra0h shall not however apply to
bankin~ co:'perations, public corporations, corporations liatecl
on a at~n'k ~change or corporations bavin~ more than 1,
a tockho ld~ r,~.
(f) The relation.hip, if any, nf any person named in
said affi,lavit to any of ricer or employee of the Town o~
(q) In the event that there is any chanae in any of the
facl.~ net forth in the affidavit submitted with any application
prior to a final determination of auch application, a
affid'tvit containing such changes shall be filed ':zith the appropriate
hoard pri,.r' to such final determination.
SiCCTiON 1101 - IF any member of the Town Bear, l. plannmg tmard
or b,',;ipd f a;~;eals shall have an interosl, direct of indir~.~.t, in tb*~
p:'opertv '.. inch i~ the s,.d).leci ,,f an apphcation filed wil:h tl~o
af which [~*' ts a member, mmh mcmbep shall, prior to an,.
delerlnin trion [ly .said hoard with respect t,, ,~.ch applic, ation.
publicly d~scl~)~e til,' natllrC ;t~d C~Dt Of allah inter,'ost
cxecntinll .tn affida~t setting forth in detail the nature and
o[ such interest and i~[n~l the same with the town clerk.
OFFIBB OF TOWN OLEI~K
TOWN OF -~OUTHOLD
SOUTHOLD, L. I., N- Y.
Dece~r 14, 1967
~OTZCE OP PUEILIC
thereto a ne~, ~,rtlcle.
l,ind~y sl.~ tho dupllcat~ copy of this letter
O~flce In ~h~ solf~ad,ireaued en~lo~ enclose,~ fox youT convenience,
Yours very tzuly.
A lbe~ t R tchr~n,t
cc: T~,~n cZe~k o~ Shelta~
To,.m Clerk o~
T~.~n Clerk of South~ston
Villag~ Cl~k of Greenport
$19nature oZ ~ect~lent