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Home My WebLink AboutZoning Fee 1989PUBLIC HEARING SOUT'HOLD TOWN BOARD January 9, 1990 8:00 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO ZONING" (amending Section 100-262A by deleting the fee required). Present: Supervisor Scott Lo Harris Justice Raymond L. Edwards Councilman George L. Penny IV Councilwoman Ruth D. Oliva Councilwoman Ellen M. Larsen Councilman Thomas H. Wickham Town Clerk Judith T. Terry Assistant Town Attorney Matthew G. Kiernan SUPERVISOR HARRIS: At 9, 1990, a proposed "Local Penny will read the legals. this time, we're going to a public hearing for January Law in Relation to Zoning", at which time Councilman COUNCILMAN PENNY: "Public Notice is hereby given that there has been pre- sented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of November, 1989, a Local Law entitled, "A Local Law in Relation to Zoning" (amending Section 100-262A by deleting the fee required). Notice is further given that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 9th day of January, 1990, at 8:00 o'clock P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Zoning" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section I00-262A is hereby amended to read as follows: A. An application for a special exception approval shall be on the form roi- same provided by the Building Inspector and shall be submitted in triplicate to the Building Inspector, who shall review the application for completeness and conformity with this chapter. The Building Inspector shall reject the application if it is not complete or not in conformance and shall notify the applicant as to the reason for such rejection. If the application is satisfactory, the applicant and the Building Inspector shall forward the application to the Board having jurisdiction thereof. II. This Local Law shall take effect upon its filing with the Secretary of State. Copies of said Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: December 27, 1989. Judith T. Terry, Southold Town Clerk." I have an affidavit of publication from the Traveler Watchman, a like affidavit from the Suffolk Times, and an affidavit of posting by the Town Clerk, that this has been posted on the Town Bulletin Board for the appropriate time. We have the following communications, Planning , Pg 2 - LL in relation to zoning Board Office, Town of Southold. "Dear Mrs. Terry: The following action was taken by the Southold Town Planning Board on Monday, December 18, 1989. It was RESOLVED that the Planning Board recommend to the Town Board that the proposed local law amending Section 100-262A be adopted. This proposed amend- ment will eliminate the payment of duplicate fees for Special Exception applications by applicants. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr., Chairman." We have a communication from the County of Suffolk, Department of Planning. "Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determinstion should not be construed as either an approval or diapproval. Very truly yours, ArCh.ur H. Kunz, Direction of Planning'.'" From the office of Building Inspector, Town of Southold. "ToJ Judith Terry, Town Clerk. From: Victor G. Lessare, Principal Bldg. Insp. Subject: Local Law Revision under Section 100-262A. I have a problem with law revision proposal. I would strongly recommend that before any action is taken that the whole section of this law be reviewed. Presently, the Building Department never writes disapprovals for Special Exceptions nor do we have any approved forms to apply for Special Exceptions. This law presently calls for the Building Inspector to review applications for conformity and completeness with no time period. Then it goes to one of three boards where it must be addressed within 45 days. Then it allows for another 60 days for final determination. The applicant is looking at a minimum of three and 1/2 to four months. Also, laws would have to be passed to allow the Planning Board and the Town Board to be able to issue Special Exceptions. At present only Board of Appeals has that authority. Again, this revision was triggered because of present law requiring applicant to file a $75.00 fee with Building Inspector." There are no further communications. SUPERVISOR HARRIS: Does anyone in the audience, at this time, have any comments to make on this Local Law? (No response.) Any discussion on the Board? COUNCILWOMAN OLIVA: I'd like Matt to review that, again, because I thought that it was just a double thing, but not just for special exceptions, but that the people, 'that . Were coming in for applications, were paying, just applications to be denied or approved, to the Building Inspector, and then he would turn it over, that they were paying twice there, but not for a special exception. So, I'd like to go back and review that, before we pass anything on it. I don't know, the wording doesn't sound right. COUNCILMAN PENNY: Did that go through the Code Committee? COUNCILWOMAN OLIVA: Yes. This special exception, it...l'd like to go back and review it with Matt. It doesn't sound right. COUNCILWOMAN LARSEN: I move to table. I'm , certainly, in favor of eliminating possible duplication in fees, but as far as the Building Department receiving triplicate copies of an application for a special exception, which is clearly in the priority of the Zoning. Board of Appeals. It seems like there's a little mix up. COUNCILWOMAN OLIVA: There's a mix up there someplace, l'd like to review it again. Pg ~ - LL in relation to zoning SUPERVISOR HARRIS: Does anyone else have any comments? (No response.) At this time, the public hearing is closed. Judith T. Terry~/ Southold Town Clerk LOCAL LAW NO. 1990 A Local Law in Relation to Zoning BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 100 [Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-262A is hereby amended to read as follows: An application for a special exception approval shall be on the form for same provided by the Building Inspector and shall be submitted in triplicate to the Building Inspector. who shall review the application for completeness and conformity with this chapter. The Building Inspector shall reject the application if it is not complete or not in conformance and shall notify the applicant as to the reason for such rejection. If the application is satisfactory. the applicant and the Building Inspector shall forward the application to the i3oard having jurisdiction thereof. II. This Local Law shall take effect upon its filing with the Secretary of State. '.,£ BE IT.EN.L~C~ED by~the~.rown ~ is hetcb3 m~ded as Tol}ox~s: & An a~ean~r a spe- ;:- .c~al excepnon' '-~oa ~e form for ...shM[ be subm~ed m ~ph~ , , "Inspector ,~l~ r~ect ~ofify the a~c~r ~. to the ?awn for m&i rejecd~. If ~he .apehcafion ~ s~uffacto~'. ~e flppl[eant and r~ ~l~n~ ~- 3pector shall for~mrd ;hppfi~d~ to ~e Board_ha~ing effect upon i~ ~fig~i~ S~weran'of S~a~ z :~ '. Copie~ of ~fid L~a4~:are ~o~n Cle~:~ fO .afy j~e[~te~ JE~DITH T; ~R~Y tX. 1/5/99 cOUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, 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 Long Island Traveler-Watchman once each week for ..................... .J. .... weeks successively, commencing on the ' ~ ~ Sworn to before me this ..................... day of Notary Public NOTARY PUSLI~, State of Ne'g York No. 4806846 ~u~lified Jn Suffolk Oount~ / Commi~ion ~pires egai - ' ' Notices LEGAL NOTICE ~ NO~CE OF pUBLIC HEARING ON LOCAL LAW pU-BLIC NOTICB IS H~BY ~ w~c.To~ B~rd ~ ~e- i ~.Town of ~la, 5~ffolk ~Mw ~M, ~A L~ LSw In I R~l~tlon to '. (am~.ndf~ Section l~- :~6~A by deletln~ th~: required). ~[.~B~O~ hold a ~ a~ ~ Sou~old To~ STAT; OF NEW YORK') L'OUf~TY OF SUFFOLK~ Pa~;ricia heane¥ of Mattituok, in said County, being dull/sworn, says that he/she is Principal Clerk. of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattiluc~ in the Town of ~uthold, ~un~ of 5uffo/~ and State of New Yor~ an~ that the Notice of which ~ annexad ~ a prIn~ copy, ~s b~n regula~ published in said Newspaper once each week for ~1 weeks sUccessively~ commencing on the 4~h day or January t~ 90