HomeMy WebLinkAboutLL 2004 #23 ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Ma/n Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 856 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON NOVEMBER 30, 2004:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 16th day of November, 2004 a Local Law entitled "A Local Law in
relation to Adoption of the Zoning Map dated November 3~ 2004" and
WHEREAS the Town Board of the Toxvn of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given the opportunity to be heard, now
therefore be it
RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local
Law:
LOCAL LAW NO. 23 OF 2004
A Local Law entitled," A Local Law in relation to Adoption of the Zoning Map dated
November 3, 2004 ".
BE IT ENACTED by the Town Board of the Toxvn of Southold as follows:
Purpose - The proposed Zoning Map replaces the Zoning Map that ~vas created in 1957
and amended in 1989. It reflects actual property lines and shows all zone changes that
have previously been adopted by the Toxvn Board. The new map is designed to be clear,
accurate and easily updated.
II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows:
§ 100-21. Zoning Map.
The boundaries of the said districts are hereby established as sho~vn on the Zoning Map, dated
....... v .v, .~,~9 November 3, 2004, which accompanies this chapter and which, with all
explanatory matter thereon, is hereby adopted and made a part of and incorporated into this
chapter. Said map, indicating the latest amendments, shall be kept up-to-date, and a copy thereof
shall be kept in the office of the Building Inspector for the use and benefit of the public.
SECTION 3. SEVERABILITY.
Should any part or provision of this Local Law be decided by the courts to be unconstitutional or
invalid, such decision shall not affect the validity of this Local Law as a ~vhole nor any part
thereof other than the part decided to be unconstitutional or invalid.
SECTION 4. EFFECTIVE DATE.
This Local Law shall take effect imh~ediately upon filing with the Secretary of State as provided
by law.
Elizabeth A. Neville
Southold To~vn Clerk
STATE OF NEW YORK
DEPARTMENT OF STATE
4 I STATE STRe~r
ALBANY, NY 12231-000 I
GEORGE E. PATAKI
January 7, 2005
RANDY A. DANIELS
Town of Southold
Office of the Town Clerk
Town Hall, 53095 Main Road
PO Box 1179
Southold, NY 11971
RE: Town of Southold, Local Law 23, 24, 25, & 26 2004. filed on 113/2005
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
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET~ ALBANY. NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of lax,,, should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
To~vn of
SOUTHOLD
LOCAL LAW NO. 23 OF 2004
A Local Law entitled, "A Local Laxv in relation to Adoption of the Zoning Map dated November 3, 2004
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose - The proposed Zoning Map replaces the Zoning Map that xvas created in 1957 and amended in
1989. It reflects actual property lines and shows all zone changes that have previously been adopted by the
Town Board. The new map is designed to be clear, accurate and easily updated.
II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows:
§ 100-21. Zoning Map.
The boundaries of the said districts are hereby established as shown on the Zoning Map, dated November 3,
2004, which accompanies this chapter and which, with all explanatory matter thereon, is hereby adopted and
made a part of and incorporated into this chapter. Said map, indicating the latest amendments, shall be kept up-
to-date, and a copy thereof shall be kept in the office of the Building Inspector for the use and benefit of the
public.
SECTION 3. SEVERABILITY.
Should any part or provision of this Local Law be decided by the courts to be unconstitutional or invalid, such
decision shall not affect the validity of this Local Law as a whole nor any part thereof other than the part
decided to be unconstitutional or invalid.
SECTION 4. EFFECTIVE DATE.
This Local La~v 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-239tRev H991 (1)
(Complete the certifica~tq~'n in the paragraph that applies to the fl~g 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. 23 of 20 04 : of the
(Czxx.'3')(Ci~9(Town) 0g444ag~) of SOUTHOLD was duly passed by the
TOWN BOARD on November 30 ,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)(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 alter
disapproval) by the on 20 . Such local law was submitted
to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (generaI)(special)(armual) 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 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 requesung 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 county- wide
basis or, If there be none, the chairperson of the county legislative body, the mayor ora city or village, or the supetw'isor 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 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.)
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 1 , above.
Clerk of the~ounty le~s~[[~e bddy.~ To~ or Village Clerk
or officer designated by local legislat/~ body
Elizabeth A. Neville, Town Clerk
(SeaO Date:
DecemberlO, 2004
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of Iocali~'.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certify that the foregoing local law ~ntains the correct tex~t
have been had or taken for the enactment of the local law armf~d~
Sig4htflre .... ~ [ ~
TP.ta~eriCia A. Finnegan,~E.~sq
ad that all proper proceedings
Attorney
To~vn of
SOUTHOLD
Date: December 10, 2004
(3)
SOUTHOLD TOWN BOARD
PUBLIC HEARING
November 30, 2004
8:00 P.M.
ENACT "A LOCAL LAW IN RELATION TO ADOPTION OF THE ZONING MAP DATED
NOVEMBER 3, 2004."
Present:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Councilman Daniel C. Ross
Councilman William P. Edwards
Town Clerk Elizabeth A. Neville
Town Attorney Patricia A. Firmegan
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that there has been presented to the
Toxvn Board of the Town of Southold, Suffolk County, Next' York, on the 16th day of November, 2004
a Local Law entitled "A Local Law in relation to Adoption of the Zoning Map dated November 3,
2004" 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 30th day of November, 2004 at 8:00 p.m. at xvhich time all interested persons will
be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Adoption of the Zoning Map dated
November 3, 2004" reads as follows:
LOCAL LA~¥ NO. 2004
A Local Law entitled," A Local Law in relation to Adoption of the Zoning Map dated November
3~ 2004"
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose - The proposed Zoning Map replaces the Zoning Map that was created in 1957 and
amended in 1989. It reflects actual property lines and shows all zone changes that have
previously been adopted by the Town Board. The nexv map is designed to be clear, accurate and
easily updated.
II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows:
§ 100-2l. Zoning Map.
The boundaries of the said districts are hereby established as shown on the Zoning Map, dated Janaary
.v,~ ~n~c,.,,,, November 3, 2004, which accompanies this chapter and which, with all explanatory matter
thereon, is hereby adopted and made a part of and incorporated into this chapter. Said map, indicating
the latest amendments, shall be kept up-to-date, and a copy thereof shall be kept in the office of the
Building Inspector for the use and benefit of the public.
November 30, 2004 2
Public Heating-Adoption of Zoning Map
SECTION 3. SEVERABILITY.
Should any part or provision of this Local Law be decided by the courts to be unconstitutional or
invalid, such decision shall not affect the validity of this Local Law as a whole nor ant' part
thereof other than the part decided to be unconstitutional or invalid.
SECTION 4. EFFECTIVE DATE.
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
COUNCILMAN WICKHAM: I have several communications here, one of them is from the County of
Suffolk, Department of Planning. 'Gentlemen, Pursuant to the requirements of Section A 1414, the
above referenced application which has been submitted to the Suffolk County Planning Commission is
considered to be a matter of local determination, as there is no apparent significant county wide or
inter-community impact. A decision of local determination should not be construed as either an
approval or a disapproval.' What else do we have here? I believe xve have something from the
Southold Town Planning Board and I also have a notice that it has appeared on the Town Clerk's
bulletin board and it has appeared in the local newspaper as a legal. A memorandum dated November
15th, from the Toxvn's Planning Board, to Supervisor Horton and members of the Town Board, 'The
proposed zoning map was generated by Town's Geographic Information System (GIS). It is intended
to replace the existing zoning map, the base of which was created circa 1957 and amended in 1989.
The base map for the existing zoning map was incompletely updated through the years, resulting in an
inconsistent representation of actual property lines as they exist today. The proposed zoning map
reflects actual property lines as recorded in the Suffolk County Clerk's office and subsequently shown
in the Real Property Tax Map Album. The proposed zoning map reflects two changes from the
existing map. They are: 1. the existing map does not indicate ~vhere R-80 and A-C zones meet near the
General Wayne Inn property in Southold. The proposed map shows a clear demarcation. 2. The
existing map does not indicate where M-1 and M-II districts meet in New Suffolk at Schoolhouse
Creek. The proposed map shows a clear demarcation. The proposed zoning map will be easier to
update because changes in property boundaries that are filed with the Suffolk County Clerk will be
transmitted to the Toxvn on a regular basis, in conjunction with its annual upgrade of the Tax Map
Album. For that reason alone, the Planning Board strongly recommends adopting the proposed map.
When this map is adopted, two amendments to the zoning code will be required. The reference in
Section 100-21 (to the 1989 zoning map) should include a reference to this map. And Section 100-22
of the zoning code specifies rules ~vhereby district boundaries are to be determined; this is useful in
those cases where the map may not be clear. One of the rules, G., indicates that unless othenvise
shown on the zoning map, "...aH tidal lands and lands underwater shah be deemed to be within the
use district to which the), are contiguous." Since the Town considers xvetlands and underwater lands
to be unbuildable land and much but not all of that land is in public ownership, our recommendation is
that Section 100-22 and/or the Zoning Map probably should be amended to remove any zoning
designation from all lands owned by the Town pursuant to the Andros Patent." And I believe those are
all of the substantive comments that the Town has received relevant to this proposed law.
SUPERVISOR HORTON: Thank you, Councilman Wickham. Would anybody care to address the
Board on this public hearing? (No response) Before closing the hearing, I just want to take...
COUNCILMAN ROMANELLI: Congratulations again.
November 30, 2004
Public Hearing-Adoption of Zoning Map
SUPERVISOR HORTON: Thank you, John. You know, you say congratulations to me but it is a
reflection of the appointments this Board has made in regard to the Legal Department, the Planning
Department and the support this Board has given each of those department's and Board's over the
course of the past year. So you ought to be commended for this, and Pat, Town Attorney, this has been
the subject of heated discussion for a long time and I just xvanted to take a moment to personally thank
you for grabbing this project by the horns and driving it to completion.
TOWN ATTORNEY FINNEGAN: Thank you.
SUPERVISOR HORTON: It is...
COUNCILMAN ROMANELLI: It is another long time coming. Betty Neville has been asking for
this for my whole time here.
SUPERVISOR HORTON: And it says a lot about us because only Town Board members could be this
excited about a nexv zoning map but nonetheless, it was much overdue and Pat, you headed up a
tremendous effort and not to be taken lightly. This hearing is closed.
Ehzabeth A. Ney le~
Southold Town Clerk
#7251
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 9th day of
December ,2004.
Principal Clerk
Sworn to before me this
2004
.~RISTINA VOLINSKI
'qlBLIC-STATE OF NEW YORK
? 1 -VO6105050
in Suffolk County
· ~ res February 28, 2008
LEGAL NOTICE
NOTICE IS HEREBY GIVEN that
the Town Board of the Town of
Southold hereby enacted the following
Local Law on November 30, 2004:
LOCAL LAW NO. 2004
A Loca Law entitled"
Z. onlm, Man dated November _t. ~Oa~.
this Local Law as a whole nor any part
thereof other than the part decided to be
unconstitutional or invalid.
SECTION 4. EFFECTIVE DATE.
This Local Law shall take effect
immediately upon filing with the
Secretco3_' of State as provided by law,
Dated: November 30. 2004
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville, Town Clerk
7251-1T 12/9
Town of 8onthold Section 1 of 4
N~w Zoning l~rmp Adopted
by Sonthold Town Board
on November 30, 2004 as
Local Law No. 23 of 2004
Scale: 1 inch = 1000 feet
Town of Southold Section 2 of 4
New Zoning Map Adopted
by Southold Town Board
on November 3, 2004 as
Local Low No. 23 of 2004
Scale: 1 inch = 1000 feet
Town of Southold Section 3 of 4
New Zoning Map Adopted
by Southold Town Board
on November 30, 2004 as
Local Law No. 23 of 2004
Scale: 1 inch = 1000 feet
Town of Southald Section 4 of 4
New Zoning Map adopted
by Southold Town Board
on November 30, 2004 as
Local Law No. 23 of 2004
Scale: 1 inch = 1000 feet