HomeMy WebLinkAboutLL-2003 #28 NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing 4, STATE STREET, ALBANY, NY ,223,
(Use this form to file a local law with the Secretary of State.)
Text o£ 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. 28 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# 1000-117-4-33 FROM LOW-DENSITY
RESIDENTIAL (R-40) to HAMLET BUSINESS (HB)"
Section 1. Legislative Intent.
The Southold Town Board intends to correct an error on the present zoning map, as the incorrect zoning
designation was attached to parcel S CTM# 1000-117-4-33 when the current zoning map was adopted in 1989
pursuant to the master plan.
Section 2. Enactment.
The Town Board of the Town of Southold hereby changes the zoning district designation for S CTM# 1000-117-
4-33 from Low-Density Residential (R-40) to Hamlet Business (HB) District
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. I 1/99) (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 local law No. 28 of 20 03 . of the
~(Town) 13~:itt~) of SOUTHOLD was duly passed by the
TOWN BOARD on December 16 ~ 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 ~vith the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition ~vas filed requesting
referendum.)
1 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 ~vas filed as of 20 , in
accordance with 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 ora 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 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.)
1 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(4~unty legislativc body City~wn or Village Clerk
or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
(Sea0 Date: __
December 22, 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 lawa~~
P~egaK,~E'sq., Assis'l~nt Town Attorney
Gregory F. Yakaboski~ Esq.~ Town Attorney
Title
Town of
SOUTHOLD
Date:
(3)
December 22, 2003
General Code Publishers
72 Hinchey Road
Rochester, NY 14624
Phone: 800/836-8834 Fax: 555/328.,8189
Email: sales@generalcode corn
12/29/2003 #203344
Ms. Elizabeth A. Neville:
The following material has been received and will be processed for
inc!usi~n i~. your C?e as supplemental pages (where applicable):
Local Law Nos. 27-2003, 28-2003.
Town of Southold
CIO Clerk's Office
PO Box 1179
Southold, NY 11971
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2. Article Number
7003 0500 0002 8376 2030
SOUTHOLD TOWN BOARD
PUBLIC HEARING
December 16, 2003
5:05 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 #1000-117-4-
33 FROM LOW DENSITY RESIDENTIAL (R-40) TO HAMLET BUSiNESS (HB)".
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 WICKHAM: NOTICE IS HEREBY GIVEN the To~vn 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# 1000-117-4-33 from Low-Density Residential (R-40) to
Hamlet Business (HB);
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 bearing on the aforesaid local law at the Southold Town Hall~ 53095
Main Road~ Southold~ New York at 5:05 p.m.~ Tuesday~ December 16~ 2003.
The purpose of this Local Law is to ratify the change of Zoning District Designation of S CTM# 1000-
117-4-33 from Low-Density Residential (R-40) to Hamlet Business (HB). The petitioner for this
request is the Town Board of the Town of Southold. The property is located at 6580 New Suffolk
Road, New Suffolk, 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# 1000-117-4-
33 FROM LOW-DENSITY RESIDENTIAL (R-40) to HAMLET BUSINESS (HB)"
I have before me a certification that this notice has appeared on the Town Clerk's bulletin board, it has
also appeared in the Traveler-Watchman newspapers, I have a letter from the Suffolk County Planning
Commission, which states "This matter is considered to be a matter of local determination, as there is
no apparent significant County ~vide or inter-community impact." I also have a letter from the
Southokt Town Planning Board, which recommends we move ahead with this and various other things.
Let me just surnmarize this. This is for fixing up a mistake that was made in New Suffolk, when the
last zoning map was adopted, which transposed two different properties. This zone change is designed
to rectif~v that mistake.
December 16, 2003 2
Public Hearing-New Suffolk Change of Zone
SUPERVISOR HORTON: Thank you, Councilman Wickham. Are there comments on this public
hearing? (No response) Comments from the Board? (No response) We will close this hearing.
Southold To~vn Clerk