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HomeMy WebLinkAboutLL 2004 #21 ELIZABETH A. NEVILLE TOWN CLERK REGISTILMt OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER I t't Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax ~631) 765-6145 Telephone (631~ 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TO~VN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 774 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 19, 2004: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed Local Law entitled "A Local Law in relation to Cluster Development in the Southold Town Code" is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5~ and is not subject to review under SEQRA. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS ~L4.RRIAGE OFFICER RECORDS 5,LMNAGEMENT OFFICER FREEDOM OF INFOP~L-kTION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, Ne~v York 11971 Fax (63D 765-6145 Telephone (63D 765-1800 southoldto~vn.nor t hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 775 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOVqN BOARD ON OCTOBER 19, 2004: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21st day of September 2004 a Local Law entitled "A Local Law in relation to Cluster Development in the Southold Town Code ' and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law which time all interested persons were given an opportunity to be heard. RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: A Local Law entitled "A Local Law in relation to Cluster Development in the Southold Town Code" reads as follows: LOCAL LAW NO. 21 of 2004 A Local Law entitled "A Local Law in relation to Cluster Development in the Southold Town Code ' BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose. Local Law number 18 of 2004 relating to a new Chapter Al06 - Subdivision of Land in the Southold Town Code provides new procedures and regulations for Cluster Development. Sections 100-180 and 181 are being deleted in their entirety, and Cluster Development is now addressed at Sections A106-47 through 49. Il. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: IlL Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Strike-through represents deletion. Underline represents insertion. Elizabeth A. Neville Southold Town Clerk STATE Of NEW YORK DEPARTMENT OF STATE 4 I STATE STREET AlbaNY. NY 12231-000i OEOF~GE E. PATAKI Town of Southold Office of the Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 October 29, 2004 RANDY A. DANIELS RECEIVED NOV 1 2OO4 $outh0H Town Clerk RE: Town of Southold, Local Law 21, 2004, filed on 10/27/2004 To 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 U.S. Postal Service .... CERTIFIED MAIL.., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ~fn~dName) C. Date of Delivery aaa d~ffemnt from Item 17 r-1 ye~ ~dtve~y address I:~ow: i-I No 1 2004 -II [] Expm~ Mall [] Return Receipt for Me~handlse ITl ~1 [] C,O.D. [S(~J~J~J~" ~J ~~ J300 9662 6016 NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 4, 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. City Town of SOUTHOLD LOCAL LAW NO. 21 of 2004 A Local Law entitled "A Local Law in relation to Cluster Development in the Southold Town Code" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose. Local Laxv number 18 of 2004 relating to a new Chapter Al06 - Subdivision of Land in the Southold Town Code provides new procedures and regulations for Cluster Development. Sections 100-180 and 181 are being deleted in their entirety, and Cluster Development is now addressed at Sections Al06-47 through 49. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: Sections 100-180 and 181 are being deleted in their entirety III. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev 11991 (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. 21 of 20 04 . of the (Cz~::.%')(C!.D')',Town) (~,;~la~g~) of SOUTHOLD was duly passed by the TOWN BOARD on October 19 ~ 20 04 , 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)(Tov~qa)(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 with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local laxv annexed hereto, designated as local law No. of 20 of the (Count2,~)(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 with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a coun .ty- wide basis or, If there be none, the chairperson of the county legislative 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 ora 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 Count3, 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 court .ty 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 I , above. Clerk of the ~unty legis'[ative body. Ci6'. Town or Village Clerk or officer designated by local legisladt e body Elizabeth A. Neville, Town Clerk (Seal) Date: __October 22, 2004 (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 an~xed hereto. ~ignatur~ - - ~ !/ _~ ,,.,iii Patricia A. Finnel[an, .~sq, Town Attorney Title Town of SOUTHOLD Date: October 22, 2004 (3) SOUTHOLD TOWN BOARD PUBLIC HEARING October 19, 2004 5:00 P.M. HEARING ON "A LOCAL LAW IN RELATION TO CLUSTER DEVELOPMENT IN THE TOWN CODE." Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan Absent: Councilman John M. Romanelli COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21~ day of September 2004 a Local Laxv entitled "A Local Law in relation to Cluster Development in the Southold Town Code" and NOTICE IS HEREBY 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, 53095 Main Road, Southold, New York, on the 19th day of October 2004 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to Cluster Development in the Southold Town Code" reads as follows: LOCAL LAW NO. 2004 A Local Law entitled 'hA Local Law in relation to Cluster Development in the Southold Toxvn Code" BE IT ENACTED by the Toxvn Board of the Town of Southold, as follows: I. Purpose. Local Laxv number 18 of 2004 relating to a new Chapter Al06 Subdivision of Land in the Southold Town Code provides new procedures and regulations for Cluster Development. Sections 100-180 and 18 l are being deleted in their entirety, and Cluster Development is now addressed at Sections A106-47 through 49. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: October 19, 2004 Public Hearing-Cluster Development The ......ntial uoe ....... ~,,,~ ......... ~ .................................... (3) *~c :":-' ~*':~""" (b) ~xz:a.-,,~.l; ...... · .......... . .,,k ...... ~ ma nam ....... October 19, 2004 3 Public Hearing-Cluster Development To~ n ............... ~ apprc..~ ~7 t ..................y .....o ......ar-, ..... 5 ............ ~me ..... vv.c .... j t..~ Town .................................... vv ..... , ............... 3_a-,., ~-/ ........................................................ : .........................0n, all October 19, 2004 4 Public Hearing-Cluster Development gpacz ..... p, ....... .~ ................................. ., ..................................... .................................. v-~ ...................... 1 ........ 0 ........u ......... h ...... a ....... t ................. b ............. nd ...... , October 19, 2004 5 Public Heating-Cluster Development t~x A ...............uch d ................................................................ v ~v, ·; bi ........................ ~ ............. to d ........... o th ....... ~ IlL Se~erabili~. If a,y clause~ se.teace~ paraRra~h, sectio,~ or part of this Local Law shall be adjudged by any court of competent jurisdictioa to be im'alid~ the judgment shall not effect the validitr of this law aS ~ whole or ~ part thereof other tha~ the part so decided to be a.constitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State aS pro~'Jded b? law. COUNCILMAN WICKHAM: I think this has all been, this has appeared in the Town Clerk's bulletin board out them. it has appeared as a legal in the newspapers and I have a memorandum from the Town Planning Board Office that was received here on September 29th. "The purpose of this proposed law is to delete the sections of Chapter 100 that pertains to clusteting within developments. The new subdivision regulations adequately address this application of this technique. Accordingly, Chapter 100 should be sttipped of references of that techlfique. The Planning Supports this proposed deletion from Chapter 100." From the Planning Office, Department of Planning of Suffolk County, "Pursuant to requirements of Section 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 as there is no apparent significant county-wide or inter-community impact(s.) A decision of local determination should not be construed as either an approval or disapproval." And those am the only communications that I have on this proposed deletion. SUPERVISOR HORTON: Thank you, Councilman Wickham. Simply put, what this public heating is about is more or less reducing redundancy. The standards for clusteting requirements have been revised and included in another portion of the Town Code. So in an effort, what I believe is an extremely important effort of reducing the xvidth of that Town Code, we are removing that section as it already is, these standards and regulations are already amply called for in another section of the code. Would anyone care to address the Board on this? (No response.) We will close the heating. Frank, did you want to address the Board? I am sorry, [ didn't see your hand. This heating is still open. October 19, 2004 Public Hearing-Cluster Development 6 FRANK WILLS: Frank Wills, Mattituck. My question is, does it in any way reduce the directions as to what clustering is about and how much clustering can be done and how large a lot is in a cluster development? SUPERVISOR HORTON: If you recall, Frank, a couple of public hearings back when we adopted revised subdivision code? MR. WILLS: Mmmhmm. SUPERVISOR HORTON: We implemented stricter clustering provisions in that code. We want to make sure that is the code that is followed and this accomplishes that. MR. WILLS: Good. Thank you. SUPERVISOR HORTON: Thank you, Frank. Would anybody else care to address the Board? (No response.) Okay, we will close this hearing. Elizabeth A. Ne','ille Southold Town Clerk #7160 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 28th day of weeks, successively, commencing on the October ,2004. Sworn to before me this 20O4 NOTARy PUBLIC-STATE OF NEW YORK No. 0 ~-VO6105050 Qualified In Suffolk County Commission Explrel February 28, 2008 Principal Clerk ~--~ day of LEGAL NOTICE RF.~OLVED ~a~ ~he Town Board of the Town of Sc~thold h~reby A Local Law entitled ~" reads as fo[ 2004 relating to a new Chalet Al06 Subdivision of Land in the Southold Town Code provides n~w proceduxes and~ re~_ulatinns for Cluster jurisdiction to be invalid, the judgment This Local Law shall take effect BY ORDER OF OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATIg OF NgW YORK Elita~h A. Neville Southold Town Clerk #7160 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 28th weeks, successively, commencing on the day of October ,2004. Principal Clerk Sworn to before me this 2004 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01-VO6105050 Qualified In Buffolk County Commission Expires FebrL~ary 28, 2~)08 LF~GAL NOTICE RI~OLV~D that the Town Board of the Town of Southold Maeby a=~e~d Town ~oard meetlna or Oet~r 19. #7160 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 28th day of October ., 2004. Principal Clerk Sworn to before me this 2004 r~ day of ~)l~ CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-VO6105050 Qualified in Suffolk County CommlsBIon Expire8 Februar'~ 28, 2008 LEGAL NOTICE RESOLVED th~ th~ Town Board of the Town of Somho~d hereby