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HomeMy WebLinkAboutZoning Ord. Amend. (Disclosure)SOUTHOLD T(~;N BOARD January 9, 1968 PR E S ENT~ SUI~ERVI-~OR LESTER M. ALBERTSON JUSTICE HI~hrRY CLARK JUSTICE MARTIN SUTER COUNCILMAN HOWARD VALENTINE TOWN ATTORNEY ROBERT TASKER T~lq CL~RK ALBF~RT ~,~:. RICHMOND Ordinance amendment -2- SUPERVISOR ALBERTSON: legal notice of hearing: "Notice of ~earing on ~e will open the hearing by reading the Proposal to amend zoning ordinance. "Purs'uant to Section 265 of the Town LAw and Article iX of the Building Zone Ordinance of the Town of Southo!d, 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, Ne.~ York, to be Article XI to read as follows: SUPERVISOR ALBERTSON: "Any person desiring by adding thereto a new Article Andthere follows Article XI. to be heard on the above amendment should appear at the time and place above specified. "DATED: December 12, 1967, By Order of the Southold Town Bo~r~ Albert ~. Richmond, Town Clerk." SUPERVISOR ALBERTSON: ~e have the affidavits of publieation the file. I will know read the recomzaendation of the Planning "Report to: Southold Town Board, 16 South Street, Greenport, New York, December 26, 1967. -3- "This is to certify that the follo~ing action was taken by the Southold Town Planning Board at a regular meeting held on December 12, 1967: "In ~he matter of 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= (There follows the Article ii) "lt was RESOLVED~ that the Sout~%d Town Planning Board favorably reccm~aends 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 wickham0 Chairman, Southold TOwn Planning Board." SUPERVISOR ALBRRTSON~ At this time is there anyone present who wishes to be heard in favor of this change? (Theme was no response. ) SUPERVISOR ALBERTSON~ Is there anyone present who wishes to be heard in opposition to this change? IRVING L. PRICE, JR. ,ESQ. ~ I live in Greenport. I have been called a McKln~y Republican. My basic belief is the least government ts the best government. I appear here on behalf of the public am sure has no idea what is going on. I think you should d~sctl~s the philosophy of the thlng and wh&tyou are tl~lng to obtal~. it Is the result of what has h&ppened in Islip, Huntington, etc. -4- I have read everything I can get my hand~ on about this, and nothing has been proven. My concept of Planning and Zoning and changing ~ zone, is that it should be granted on the merrit of the application, not who is makin~ the application. 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 me~bers of the Town Board has valid reason to ask for a cha~ge of zone. I d~n't see any penalty here for the violation as far as the amendment is concerned. Maybe that is covered in the ~oning Ordinance. I call your attention to a particular section of ~he amendment. Section (c). "The ~ame and address of every individual, partnership and co~ration having any interest direct or indirect in the property described .in the application and t~he nature of such interest. Wit~ut 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 ~lll have to ~&ke 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 ~artnership, i~s ~ossible that some ~artners would not now who the pas~ partneTs were. -5- Section (e), If any such interest in the property is held by a corporation, the name and address of the officers, dYectors, 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. 'l~at is one of my ¢~jections. 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 sto~k- 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. X ~o~'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 n~mes on an application. I am talking on behalf of the ordinary person that doesn't kn~w what is going on, and when they apply for zoning or a change of zone they are g~lng to find that it is some job to get an affidavit together to meet this Ordinance. Each application should stand On its c~n. ~e harm that has been disclosed down in Islip is the acts of the people on the board and people lnvloved in ~ politics and the applicant. that ~ don't know. the nam~ of somebody else. How knowledge who the applicant is going to stop The way to get around that ia to put it in If yO~ are trying to get at the crooked -6- people inw~lved 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. ) ~UPERVISOR ALBW-RTSON: Anyone w~sh 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. COUNTY OF SUFFOLK ~ SS: STATE OF NEW YORK NOTICE OF HEP. RING ON PROPOSAL TO A-~END ZONING ORDINANCE ~u~t to S~t~n 2~ oLthe Town ~w ~d ~le ~, of the Bufld~g Z~ ~din~ of t~ Town of ~uth- ~, S~o~ Co~ty, New York, public ~ ~1 ~ ~ld ~ ~e ~uthold ~ B~d ~ the Offi~ of ~e Su~- ~r~ 16 ~u~ S~eet, G~, Ne~ Y~R, ~ ~d ~ on ~e ~h ~y ~ J~W X~ ~ ~:30 o'~k In t~ eve~ of~ ~y on ~he foHowins prowl W ~end ~e B~ Zq~ ~, (~clu~ t~ ~ Z~e ~)~ of ~ ~ of ~thold Suffo~ ~y, ~ew York. L By ~en~ t~ B~d~ Zone O~ of ~he ~ of ~u~ol~ 8~ ~o~y, New Y~k, ~ ~ ~ ~ ~ tono~: ~he ~ ~d, ~e, ~ of ~p~ of ~, 9~ce, ex~ion, ~on ~ or ~ ~w, ~* ~ ~ benefice! interest in the l~pet~y de- C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Zraveler-Mattituck Watch- man once each week for ...... /~.~..~..~.~ ..... week/s/ successively, commencing on the .............. ~.../.,./~;.~. ........... day of ..... . .~....~.... 7~...., ~19~/~%.~'~- Sworn to before me this ....... ~...~.. ......... doy of address of the ............................... (bi The name and addres6 of the on a stock 'exchange or corporations ~ or. the property described in ~ ~avin~ more than 1,000 stockholders. . applt~on. ' (f) The relationsh~p, ff any, of any '~ .... lc) .The name ami address of ever~ per,on named in Said affidaVit t~ any individual, partaership and corpomtinl~ officer or employee' of the Town of hsvin~ any interest direct or indirect 'fSouthold, in the 'property de~ribed ~n the appli- (g) In the event that there is any cation and the natur~ of~uch interest .chan~e in any of the facts set forth I Witlwut limitation by the enumer~tioD in the affidavit submitted 'with any [thereof, such interest shah include a~application prior to a finsl dete~mina- ~contract vendor, contract vendee, leas- lion of such ap!~lication, a supplement- or, lessee, mortgagor, mortgagee, lienor, al affidavit contalnll~ such clu~es :l lense, ~rantor, assignee, a~ent, brok- shall ~e filed with the appeopria~e 'er or the holder of any beneficial in- ! (d) If any such interest in the prop- erty is held by a partnership, the address and interest of every partner !in the partnership for the last two [property Is held ~y a corporation, the i name and address of the o/~l/~rs, potation for the pas~ two ~l~re. 'The provtsto~s of this l~ra~apl~ ~ll' not 'howe~er apply to bankin~ cor~oratiol~, hoard prior to such final determina- tion. 8EC~XON ll01--If any member ot the Town Boarct plw~ln~ board or board of appeals slmll have an interest, direct or indirect in the property which is the subject of an application fried with the board of which he is a mem- ber, such member shah prior to any. s!~ect to ~uch application, publicly dis- close the nature and extent of such interest by exesutili~ an aflld~vtt est- ti~ forth in detail the r~tur~ and extent of such interest and ~ the same with the Town Clerk. Any person desfrin~ to be heard on the above amendment should appear at the ~ ~ and lille above specified. DA'~.'~I.~: ~ 12, I~6~ ,~)'.U.~T W. RlClt~OND, LEGAL NOTICE NOTIC;E ,OF HEARING ON PROPOSAL ,TO A'MEND ZONING ORDJNA~N~E Purm~nt to-Section 265 of ~e Buildi~ ~ue Ord~an~ of the T~dsf ~uthold,~ S~oik Co~ty, N~w York, public h~in~ ~11 be held by ~ ~thold TOwn Board in ~e ~fice of ~e Superior, 16 ~Uth SMut, G~, New York, in said T~n on the 9th day of Jan- ~, 1968, at 7:30 o'cl~k in ~e eve~g of ~id day ~e i~ p~ to amend the B~- ing ~ne ~inance (i~lud~ ~e Building Zo~ Maps), of ~e To~ of Southold, S~f~k Co~ty, New York. i. By am~ding the Buil~ Zone Ord~nce of the To~ of ~u~old, Suf~ Co~ty, ~ork~ by add~g t~ ~ n~ A~- AHTIC~ ~ S~ION 1100 - E~e~ applica- tion to ~e To~ B~rd, ~ b~rd of appeals and ~e ~an~ng board ~ption, ~sion, app~val ~ sub- dividon pla~ or o~her relief ~der[ the prov~io~ of th~ o~in~ce or~ any law, r~e 0r re.la.on pe~ain- ~otO Zoni~ and p~n~ng ~all be mpani~ by an affadavit exec- ut~ by the applicant a~ all ~wn- any beneficial interest ~ the prop- er~ d~c~ i~ such appli~Uon' and se~ing fo~h ~e fol~w~g: (a) ~he ~me and addr~s of the] applican~ (b) The fia~e and ~r~s Of the~ o~ ~f ~e pro~y d~cribed ~e ~ppli~tion (c) ~e ~me a~ .~address of ~'6o~tion ~n~ h~ lnter~t di- [r~ or ~dir~t in ~e pm~rty ~ ~n ~ the '~rafio~ fic~l ~t ~ s~h prop~y. (d) If a~ such inter~t in ~e pro~ty ~ held by a '~nership, ~e n~me, a~s a~ inter~t of~ eve~ pa~ ~ the ~ar~Mp for the last ~o ye~. p~e~ ~ held by a ~rporati~, ~e name and addr~s of the cern, dir~{~, and st~oldem of such co~oraa~ ~or ~e ~st ye~. The p~visio~ of t~ para= ~a~h sB~ not howler apply ba~¢ cor~ra~o~, public corpor- a~o~, ~o~fi~s ~st~ o~ a stock exchange or c~m~o~ ~ving mom th~ l,O00 s~oldem. (i) The re~tio~Mp, ii any, of ~son ~ ~ aid ~fi~vit ~ offi~ or empl~ of ~e Town (~) In ~e e~ ~at th~ is c~e m ~S of ~e fac~s set ~ ~e ~davit su~tta with any , appli~fion p~or to ~e f~l deter- mi~Mon of su~ appli~on, a sup- pl~en~l ~davit ~ta~ ~ ' e~ sh~ be fil~ wi~ the ap- pwp~te bo~d pri~ W such final or b~ ~ ap~ s~ have an pro~y w~ch h ~e sublet of apportion ffl~ wi~ ~e ~ of[ w~ch ~ ~ a ~b~, such m~r ~ p~r W ~ deter~afi~ b~ ~d ~d ~ r~t W s~h ap- ~u~ an 'affi~t s~f~ fo~ such ~t~t ~ ~ ~ ~ ~on ~ to ~ h~ ~ at ~e ~e ~d ph~ able ~T W. ~C~ONR, ~ ~RK ltD22 COUNTY OF SUFFOLK, STATE OF NEW YORK, } ss: J ....~.'..~ -~..~.¥~'.~.. ~- being duly Sworn, '.'2 ................. says that . ....r>~.'., is Printer and Publisher of the SUFFOLK ~VEEKLY TIMES, a newspaper published ~t Greenport, in said county: and that the notice, of which the ,annexed is ~ printed copy, has been published in the said Suffolk Weekly Times once in each week, tot .......... ~F~..t-X~.. ........... week~ successively commencing on the ~..~.~.~./~.~'...~. dw of. Swam to before me th~s '. ! _E~K SOUTHOLD, L. I,, N. Y. December 14, 1967 NOTICE OF PUBLIC HEARING Please be advised that the Southold Town Board will hold a public hearing on January 9, 1968, at 7:30 o'clock in the evening, at the Office of the Supervisor, 16 South Street, Greenport, New York, on a proposal to amend the Building Zone Ordinance by adding thereto a new Article. Kindly sign the duplicate copy of this letter acknowledging receipt of attached Notice of aforesaid Hearing and return to this Office in the self~addressed envelope enclosed for your convenience. Yours very trul~ Albert W. Richmond Town Clerk /bd enc. cc: Town clerk of Shelter Island Town Clerk of Riverhead Town Clerk of Southampton~/ U~liage Clerk of Greenport Suffolk County Planning Board ALBERT W. RI~HHBNB OFF~ERK SOUTHQLD. L. I., N. Y, ~e~ ~, ~ a ~o~al to o~ad the ~uli~ ~ ~~ ~ OFF .~K SOUTHOLD, L. I., N. Y. December 14, 1967 NOT~CE OF PUBLIC HEARING Please be advised that the Southold Town Board will hold a public hearing on January 9, 1968, at 7:30 o'clock in the evening, at the Office of the Supervisor, 16 South Street, Greenport, New York, on a proposal to amend the Building Zone Ordinance by adding thereto a new Article. Kindly sign the duplicate copy of this letter acknowledging receipt of attac~ed Notice of aforesaid Hearing and return to this Office in the self-addressed envelope enclosed for your convenience. Yours very ~ruly, Albert W. Richmond Town Clerk /bd enCo cc: Town clerk of Shelter Island Town Clerk of Riverhead/ Town Clerk of Southampton ~4~age Clerk of Greenport Suffolk County Planning Board Signature of Recipient ALBERT W. RIBHMOND T~3WN CLEF~K SrlUTHI3LD, L. I., N. Y. theze~ a n~ ~pt of at~d ~t~ of s~aLd ~ and ~ to ~ ~ag~Clsrk of Greenport OFF~ERK SOUTHOLD, L. I., N. Y. Please be advised that the Southold To~n Board will hold a ~blt~ heaxl~g 0n January 9. 1968, at 7~30 o'cl~ ~ ~e eveni~, at ~e Offlce of the Su~isor, 16 Sou~ Street, Green~zt, adding ~ereto a n~ ~ticle. Klndly sign ~e duplicate copy of this letter acknowledging r~tpt of att. ached Hotlc~ o£ &torero&id He~rlng nd return to this o~£ice in the oel~oaddressed envelope enclosed for your convenience. Yours very truly, Albert ~,'. Richmond Town Clerk e~o cc: Town Clerk of Shelter Xsland Town Clerk of Rlverhead Town Clerk of Southampton Village Clerk o£ Gz~pOrt/ Suffolk County Plarm//lg Board Signature aecl,~ D~ee~bez' 14, ~.967 John #ic~h&m Ch~irm~n, Pl&nn£nq Board D~&r ~tr, ~ickhaml To~ Board at & m~et~ng held day of December, 1967. You &~e En~ucted to pursuant to the ~rov£s£on. o~ A~ic~e IX the Buildin9 ~ne O~di~nce of ~ ~ of Sou~old. Ve~ ~ yours, Alb~t W. Richmond To~m Clark At a m(,etin~ of the Town Board of the Town of S~uthold hr),., at tt.~ :<u),~.:.vi~or's Officc. 16 South Strt~et, (;reenport, N,'w York, (,n th,' i21h d,L,, WHEREAS, this board believes that full d~.sclosure of the inte!'esis p,:~rsons in property which is lhe sabject of any application to the town board (d nppt~,tls and planning; board pertaining to '.~oning an(l t,lam~inl4 mat!ers ~s in th~ pnbtic intere.qt, and WHEkLAS, this board believes that the Building Zone Town of So:ltbold should be amended to provide for a full disclosure such interests, NOW, 'FIII:;[{EFORE, be it resolved that a public }~.aring b~ held by thi.', hoard at the Su[)ervisor's Office, 16 South P.M. of said day (m ilia matter of the amendm(mt of the Southold Town Building Zone Ordinance as follows: I. The B:~ilding Zone Ordinance of the Town of Souq~o!d, Saffnlk (), ~ty, New York, is hereby amended by adding lhereto a new Article to be Article XI to road a:-; follows: ARTiCI,E XI SEC'I'I()N II00 -- [gvcry application to the town board, the I)():~t'd (,t' a!,i,c,~l.'-I and the planning bonrd tot a change ()f 7~rm, vari;tr~,:(', ( x(('ptir)n, lmr'm~si(m, approval of 8tll)tliVtSl(,~i idat:~ cu!e or regulation pertaining to zonin~ and planning shall be accompanied by an affidavit executed by the applicant and all (~wnct's, c(,ntract wmdees and holders of any bencfiaia[ inter'est in the prop,-~-ty d,,acribcd in suc:b application and settin~ for'th the [()1 IOWiI/~I: ia) ~l~e name and address of the applicant (1)1 The name and address of the owner of thc pr(q)cr'ty di~scril:cd in the application ship at,., corporation having any inter~ direct or indirect ~he property described in the application and the nature of such inteve;-~t. Without limitation hy the enumeration lhe~of, such interet;t rahall Include a contract vendor, contract vending, lessor, lessee, mo~gagor, mo~agee, lienor, lienee, guarantor, assignee, agent, broker ortho holder of any beneficial interest in such property. (d) If any such interest in the property is held by a partnership0 the name, address and interest of every partner in the partnership for the last two years. (e) If any such interest in the property is held by a corporatinno the name and address of the officers, directors and stockholders of such corporation for the past two years. The provisions of this paragraoh shall not however apply to banking co~'porations, public corporations° corporations listed on a r~to(,k exchange or corporations having more than 1,000 stockhold~.~ r.~. (f) The relationship, if any, of any person named in said affidavit to any officer or employee of the Town of So~tthold. (~) In the event that there is any (:hartke in any of the facts set forth in the affidavit submitted with any application prior to a final determination of such application, a supplements! affidavit containing such changes shall be filed xvith the appropriate board pci(,c to such final determination. SI!~CT~ON 1101 - If any member of the Town Board° planm, n~.r board or l~c~at-(l f ~Dpeals shall haw, an interest, direct o~- inditer,t, property ',' hich is the subject of an apphcation filed with of which }-~ is n luember, StlC}I member shall, prior 1o any determination hy said board with respect to ~uch application, publi~.ly disci(~se tho nat.re and c~ent of such interest by cxecutin~ an affida~t setting fo~h in detail lhe nature and ext(~nt of s.ch interest and filing the same with the town clerk.