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HomeMy WebLinkAboutLL 2004 #04STATE: OF NEW YORK DEPARTMENT OF STATE zl, I _~TATE STREET /~L_~3ANY, lqY I £23 I -OOO I February 10, 2004 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK TOWN HALL, 53095 MAIN ST. PO BOX 1179 SOUTHOLD NY 11971 Re: South01~l To~rn Clerk TOWN of $OUTHOLD, Local Law 4, 2004, filed on '1/30/04 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:cL NE~;, YORK STATE DEPARTMENT OF STATF Local Law Filing 4, STATE STREET. ALBAt 'I.N ' N,' 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 ilalics or underlining [o indicate new m~tter. City Town of SOUTHOLD LOCAL LAWNO. 4 2004 A Local Law entitled "A Local Law in relation to Pemfitted Uses in the Light Industrial District" BE IT ENACTED by' the Tmon Board of the Town of Southold, as follows: 1. Purpose The stated purpose of the Light Industrial (LI) District is to provide an opportunity lbr business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial ParL/Plalmed Office Park District. This amendment allows contractors that are not othem, ise prohibited, to locate a business or yard in the L[ district. This amendment is consistent with the purpose of the Light Industrial (L[) District. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 100-141. Use regulations. In the kl District, no building or premises shall be used and no building or part ora building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Pernutted uses. The following uses are pemfitted uses and, except for those uses pem~itted under Subsection A(1) and Subsection A(2) hereof, are subject to site plan approval by the Platming Board: (4) Contractors' businesses or yards, including but not limited to building, electrical, plumbing, and landscaper's yards. I11. 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 jud~mnent shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstttutional or invalid. IX,''. Effectixc date This Local Law shall take effect immediately upon filing with the Secretat?' of State as provided by law. I lf additional space is needed, attach pages the same size as this sheet, and number each.) (Complete the certification ia 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. 4 of 20 04 . of the ',Czx::ty)(C!u':(Town) ',V!!!zga'~ of SOUTHOLD was duly passed by the TOWN BOARD on January 20 , 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 certlly that the local lax`,' annexed hereto, desigmated as local law No. of 20__ of the (Coun~)(City)(Tox*.qn)(Village) of was duly passed by the on 20 , and was (approved)(not approved}lrepassed after disapprox al) by the and was deemed duly adopted on 20 in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) [ hereby cet~it? that the local lax*.' annexed hereto, desigmated as local law No. of 20__ uf the (County)(Cit)')(To~n)(Village) of was dtLly passed by thc on __ 20 . and x~as (approved)(not approved)l repassed after disapproxal) by the on 20 . Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote ot'a majorit)' of the qualified electors voting thereon at the (general)(speciall(annual} election held on 20 . in accordance with the applicable provisions of la~. 4. (Sobject to pernfissive referendum and final adoption because no valid petitiou was filed requestiug refereodum.) [ hereby, certit3, that the local law annexed hereto, designated as local law No. of 20 of the {County)(Ci~')(Tox~nl{Village}. of was duly passed by the on 20 __ . and was (approved)(not approved) (repa~ed alter disapproval) by the on 20 __ Such local [a~ was subject It) permissive referendum and no valid petition requesting such referendum ',*.'as filed as of 20__, m accordance w~th the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a count)' elected on a county- w~de basis or, It' ttlcre be none, the chairperson of the count)., 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.) 1 hereby cmtit'y that the local la~v annexed hereto, designated as local lax~ 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. (Cooaty local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, desi~ated as local law No of 20 of the Count' at' __State of New York, having been submil~ed 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 recmved the affirmative vote ora 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 count,.,' considered as a unit xoting at said general election, became operative. Ill any other authorized form of final adoption has been followed, please provide an appropriate certification.} I thrther cetti(y that I have compared the preceding local law with the original on file in this office and that the same ~s a correct transcript therefrom and of the whole of such original local law, and ~xas finally adopted in the manner indicated in para~m-aph I , above. Clerk o the ('t ~O., leglslam c bod~,. ('it>. Tt~n or Vdlage (lerk or officer designated b:, local legislau~¢ hod) Elizabeth A. Neville, Town Clerk (Seal) Date: January 23, 2004 (Certification to be executed I}3' County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COLnNTY OF SUFFOLK [, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken tbr the enactment of the local law annj~d hereto. Patrieia A. Finnegan~¢T{w~ Attorne~ Title Town of SOUTHOLD Date: January 23, 2004 O) ELIZABETH A. NEVILLE TOWN CLERK REGISTI~R OF V[T.~L STATISTICS MARRL~GE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, Nea, York 11971 Fax (631) '765-6145 Telephone (631) 765-1800 sout holdtown.nor t hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTII~' THAT THE FOI.LOWING RESOLUTION NO. 75 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 20, 2004: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 2"d day' of December 2003 a Local Law entitled "A Local Law in relation to Permitted Uses in the Light Industrial District ' now. therefore, and WHEREAS the Town Board of the Town of Southold held a public heating on the aforesaid Local Law at which time all interested persons were gix en an opportunity to be heard, no~ therefbr be it RESOLVED that the Town Board of the Town of Southold hereby enacts the ~bllowing Local Law: LOCAL LAW NO. 4 2004 A Local Law entitled "A Local Law in relation to Penuitted Uses in the Light Industrial District" BE IT ENACTED by lite Town Board of the Town of Southold. as follows: l. Purpose The stated purpose of the Light Industrial (LI) District is to provide an opporttmity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. This amendment allows contractors that are not otherwise prohibited, to locate a business or yard in the LI district. This amendnlent is consistent with the pm-pose of the Light Industrial (LI) District. II. Chapter 100 of the Code of the Toxxn of Southold is hereby anlended as folloxx s: § 100- 141. Use regulations. In the L[ District, no building or premises shall be used and no building or part of a building shall be erected or ahered which is arranged, intended or designed to be used, in whole or in for any purpose except the following: A. Pennitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A( 1 ) and Subsection A(2) hereof, are subject to site plan approval by the Planning Board: (4) Contractors' husinesses or yards, including but not limited to B-building. electrical and pluinbing, and landscaper's contractor's bu:,ine~ez or yards. III. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any cotu-t of competent jurisdiction to be invalid, the judgment shall not elTect the validity of this laxx as a whole or an.,,' part thereof other than thc part so decided to be unconstitutional or invalid. IV. Effective date Tbis Local Law shall take effect immediately upon filing with the SecretaO' of State as pruvided by law. Strike-through represents deletion. Underline represents insertion. Elizabeth A. Neville Southold Town Clerk SOUTHOLD TOWN BOARD PUBLIC HEARING January 20, 2004 8:05 P.M. HEARING ON "A LOCAL LA~,V IN RELATION TO PER3,IITTED USES IN 'FILE EIGHT INDUSTRIAL DISTRICT". Present: Supetw'isor Joshua Y. Horton Jnstice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel P. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Fi~megan COLINC[LMAN WICKHAM: NOTICE IS HEREBY GIVEN that there has been presenled to the Town Board of the Town of Southold, Suffolk Count.,,', New York, on the 2"d day of December _00o a Local Law entitled "A Local Law in relation to Permitted Uses in the Light Industrial District" now, thcretbre, be it 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 tile 20th day of January 2004 at 8:05 p.m. at which time all interested persons will be given art opportunity to be heard. The progosed local law entitled, "A Local Law in relation to Permitted Uses in the Light Industrial District" reads as follows: LOCAL LAW NO. 2004 A Local Lax;' entitled ~A local Law in relation to Permitted Uses in the Light h~dustrial District" BE IT ENACTED by the Town Board of the Town of Southold, as follows: L Purpose The stated purpose of the Light Industrial I, LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park;Planned Office Park District. This amendment allov, s contractors that are not otherwise prohibited, to locate a business or yard in the I,I district. This amendment is consistent with the purpose of the Light h~dustrial (LI) District. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 100-1.41. Use regulations. In the LI District, no building or premises shall be used and no building or part ora building shall be erected or altered which is arranged, intended or designed to be used, in whole or ill part, for any purpose except the following: Janua%, 20. 2004 2 Public Hearing-Light Industrial District A. Permitted uses. The following uses are pemfitted uses and, except for those uses permitted under Sitbsection A(I) and Subsection A(2) hereof, are subject to site plan approval by the Planning Board: (4) Contractors' businesses or yards, including but not limited to [~building, electrical, plumbing, and landscaper's cc, ntractcr'z ~ugincsgc, g or yards. Ill. Severability. [f any clause, sentence, paragraph, section, or part of this Local Law shall be adiudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this laxx 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 filin~o with the Secretary of State as provided bv Originally this portion of it read, pemfitted ases are as follows: building, electrical, plulnbing and landscapers yards. The way it will read now, that we are proposing, will be pemfitted uses are contractors businesses or yards including but not lintited to building, electrical, phnnbing and landscapers yards. That is the substance of the proposal that is before tls tonight. I have something from the Suffolk County Department of Plamfing "pursuant to the requirelnents of the County administered code, this application bas been subnfitted to Suffolk County Planning Commission, which is considered to be a matter of local determination as there is no apparent significant couuty wide impact." This is frmn our Planning Board, "The Plam~ing Board has reviewed the: proposed amendment to Chapter 100, the proposed amcndment would add to the t>qpes of uses permitted within the Light Industrial zoning district, currently the zoning code permits "building, electrical and plumbing contractors businesses or yards". The proposed amendment would read us follows: contractors, businesses or yards, including but not lilnited to building, electrical, plumbing and landscaping yards. The net result is that the new wording will pm'mit a greater diversity of contractors yards within the LI zoning district. Landscaping yards are permitted in the LB district, with special exception. The LI district is intended to be a lnore intensive business zone than LB. The proposed amendntent will allow this needed use to be located within the LI district." I have a certification that il has appeared as a legal in the Traveler-Watchman and also that it has appeared outside on the Town Clerk's bulletin board. I don't believe that there are any other si~ificant communications. SUPERVISOR HORTON: Thank you. Would anybody care to address the Board on this proposed local law? (No response) Are there comlnents from the Board? {No response) We will close this public hearing. Southold To~ n Board DEP~.RTf. IENT OF PLANNING COUNter' OF SUFFOLK Febrtmrv lg. 2004 bls. Izlizabeth Neville. To,,xn Clerk Toy, n of Southold 53095 Main Road - P.O. Box 1179 Soutlhold. NY 11971 Re: [)ertl' Ms. Neville: Amended Zoning Ordinance Section 100-141 Toxx n cT southold (Local Lax,,' No. 4 of 2004 RECEIVED FEB I 8 Z004 Southold Town clerk Pnrsuant to Sections A 14-2 l ol'the Suf~blk County Administrative ('ode. the Suffolk County Phmning Commission has notified thc neiglnboring town(s} and/or villagels} concerning the above captioned zoning actinnl si. Hax lng reccix cd no adverse respon:;c, thc Commission will takc no fudLhcr action. Very truly5 ours. Thomas lslcs Director of Planning G(iN:cc Ss Gerald G. New, man Chief Planner PLANNING BOARD MEMBEB. S Chair RIC}LARD CAGGL-'tNO P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone ~631) 765-1938 Fax (63D 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Flizabeth Neville, Town Clerk Town Hall Southold, NY 11971 Re: Proposed Local Law to Amend Chapter 100-141 of the Zoning Code [)ear Mrs. Neville, The Planning Board has reviewed the proposed amendment to Chapter 100-141 of the Zoning Code. The proposed amendment would add to the types of uses permitted within the Light Industrial zoning district. Currently the Zoning Code permits "Building, electrical and plumbing contractor's businesses or yards." The proposed amendment will read as follows: "Contractor's businesses or yards, including but not limited to building, electrical, plumbing and landscaper's yards." 'l'he net result is that the new wording will permit a greater diversity of contractor's yards within the LI zoning district. Landscaper's yards are permitted in the Limited Business LB district by Special Exception. The LI district is intended to be a more intensive business zone than LB. The proposed amendment will allow this needed use to be located within the LI district. ouse Chairperson LEGAL NOTI .CE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been pre- sented to the Town Board of the Fox~n o£' Southold, Suftbll., County. New York. on the 2na da',' oi' December 2003 a Local Laxx entitled "& Local Law i~_n relation t0 Permitted IJses in the Light [ndus(rlal District~" noxx. therefore, be tt NOTICE IS HEREBY FUR- 'IHEll GIVEN that tl~e To,tn Board of the Tox~a or' 5oulhold tt ill huld a public hearing on the aforesaid local Law at the Southold ]'ox~n Hall. 53095 Main Road, Som~kold, New hork. o the l~m_ da~ of 0~nuary 2004 at 8:05 p.m, at Milch time all interested per- ~ons will be given an oppo~ni- ty to be beard. The proposed local law enti- tled, "A al w in tel' tion {0 P?r~itted Uses in Ire Light I~duslrial Dislrieff' reads a~ follows: LOCAL LAW NO. 1004 A Eocal Law entitled ~'A Local Law in relation to Pe~itted Uses in the Light Industrial Dis=let, BE IT ENACTED by the Town Board of the Tox~ of Southold, as follows: 1. Purpose The stated pu~ose of the Light Industrial fEI) District is to provide an oppor- mni~ tbr bmNess and indusui- al uses on smaller lots thgn would be appropriate for the LId Light Industrial ParWPlanned Office Park District. This amendment allows conNaeto~ that are not othe~ise prohibitor, to locam a business or yard in the LI dis- ~ct. ~is ambient is consis- tent with the pu~ose of the Li~t lndus~al (LI) Dis~ct. II. Chapt~ 100 of the Code of ~e To~ of Son,old is hereby amended as follows: { 1~-141. Use re~lations. In ~e LI Dis~ct, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The fol- lowing uses are permitted uses and, except for those uses per- mitted under Subsection A(1) and Subsection A(2} hereof, are subject to site p/an approval by the Planning Board: (4) Contr ct r' usinss sor yords, includin~ but not limited to ~t~--building~ electrical, cpl~mbing, and landscaper's yards. IlL Severability. If any clause, sentence, para- graph, section, or part o~ this Local [.aw shall be adjudged by any court of competent jurisdic- tio'n to be invalid, the judgment shall n,o,t effect the validity of this laY, as a ,.,,'hole or an) part thereof other than the part so decided to be unconstitutional or invalid. IX; Effective date This Local [.ax,,' shall take effect immediately upon filing with the SecretaD' of State as pro~ ided by law. *Strike-through represents delefon. *Underline represents inser- tion. Dated: December 2. 2003 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Ne,, ille ~ll (~1), 15 0t (1851 COLrNTY OF SUFFOLK STATE OF NEW YORK ss: Lise Marinace. being dui? sworn, says that she is the Legal Advertising Coordinator. of the J)'aveler IFatchman, a public newspaper printed al Southold. in Suflblk County: attd that the notice of which the annexed is a printed copy. has been published itt said 75-aveler Watchman once each week for ...... ./..... x~eek'~) s,uccessi rely, comntcnfing on the.,~ .....('.~ ...... day ~f "7'" .':. :gt .t t. Ct. a rT. ~-I ...... 004. ' Syvgyn to before lne this / J-'--day of -...~. ~kk,,~,(~. k' ~ ')004 ......... ' Notary ?ublic N o. 01H A5059984 Qualified in Suffolk Couul?, Commission expires 51a~ 06, 2006 LEGAl. NOTICE NOTICE OF PUBLIC ItEARING NOTICE IS HEREBY GIVEN that there bas been presented to tile Town Board or'the Town of Southold, Suffolk County, New York. on the 2r'd da3' of December 2003 a Local Law entitled "A Local Law in relatioa to Permitted Uses in the Light Industrial District" now, theretbre, be it NOTICE IS HEREBY FURTHER GIVEN that the To;xn Board of the Town of Southold will hold a public bearing on tile aforesaid Local Laxx at thc Soutbold Towo Hall, >~, )9> Main Road, Southold, New York, on the 20"' day of January 2004 at 8:05 p.m. at which time all interested persoos will be given an oppommity to be heard. The proposed local law entitled, "A Local La~, in relation to Permitted Uses iu the Li.oht Industrial District" reads as follows: LOCAl, LAW NO. 2004 A Local Law entitled -A Local Law in relatioo to Pcrmitted Uses in the Light Industrial District" BE IT ENACTED by the Toxin Board of the Toxxn of Southold, as follows: I. Purpose The stated purpose of the Light Industrial (LI) District is to provide an opportunity for business and industrial uses on smaller lots than v, ould be appropriate I?or the L[O Light Industrial ParL'Planned Office Park District. Tbis amendmeot allows contractors that are not otherwise prohibited, to locate a business or yard in the LI district. This amendment is consistent ~x itb the purpose of the Light Industrial ILl} District. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follox~ s: § 100-141. Use regulations. In the LI District, no building or premises shall be used and no building or part ora building shall be erected or altered which is arranged, intended or designed to be used. in wtlole or in part, For any purpose except the following: A. Pemfitted uses. The ibllov,,iog uses are permitted uses and, except For those uses pemfitted under Subsection A{1 ) and Subsection Al 2) hereof, are subject to site plan approval by the Plmming Board: (4) Contractors' businesses or yards, including but not limited to B-building, electrical, and plumbing, and landscaper's contractor's businesses or yards IlL Severability. If any clause, sentence, paragraph, section, or part o['this Local Lax,,' shall be adjudged by an5' court of competent jurisdiction to be invalid, the judgment shall not effect the x alidity of this law as a xx hole or an3: patX thcreof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Lax,,' shall take eft'ecl immediately upou filing xx ith the Secretary of State as provided by law. Strike-through represents deletion. Underline represents insertion. BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOLITHOLD, DECEMBER 2, 2003. ELIZABETH A. NEVIELE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON JANUARY 15, 2{)04, AND FORWARD ONE ( l ) AFFIDAVIT OF PUBLICATION '170 ELIZABETH NEVILLE, TOWN CLERK. TOWN HALL, PO BOXlI79, SOUTHOLD, NY 11971. Copies to the following: Traveler Watchman Town Atlomey Planning Dept Jolm Cushman Toxxn Board Members Building Dept ZBA Town Clerk's Bulletin Board LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been presented to thc Tmxrl Board of the Town of Southold, Suffolk County, New York, on the 2''~ day of December 2003 a Local Lax`. entitled "A Local Lass' in relation to Permitted Uses in the Light Industrial District ' now, therelbre, be it NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the atbl'esaid Local Law at the SouthoM Town Hall. 53095 Main Road, Southold, Ne,.,. York, on the 20~h day of Jalmary 2004 at 8:05 p.m. at which time all interested persons ,.`.'ill be given an opportunity to be heard. The proposed local la`.`.' entitled, "A Local Lax`.' in i-elation to Permitted Uses ill tile Light Industrial District" reads as follows: LOCAL LAW NO. 2004 A Local [,ax',' entitled "A Local Law in relation to Permitted Uses ill the Light Industrial District" BE IT ENACTED by' the Town Board of the Town o£Southold, as follows: I. Purpose The stated purpose of the Light Industrial (LI) District is to pro,'ida an opportunity for business and industrial uses on smaller lots than x`. auld be appropriate t'or the LIO Light h~dustrial Park,'Planned Office Park District. This amendment allows contractors that are not otherwise prohibited, to locate a business or yard irt the LI district. This amendment is consistent with the purpose of the Light h~dustrial (LI) District. II. Chapter 100 of the Code of the Town of Southold is hereby ameoded as follows: 100-141. Use regulations. In the LI District, no building or premises shall be used and no buildiog or part ora building shall be erected or altered which is arranged, intended or desi.gned to be used, in `.`.'hole or in part. for any purpose except the following: A. Permitted uses. Tile tbllowing uses are permitted uses and, except tbr those uses permitted under Subsection A(1 ~ aod Subsection A{2) hereol:: are subject Ia site plan approval by the Plamfing Board (4) Contractors' businesses or yards, includint~ but not limited to t~building, electrical, and plun~biog, and landscaper's contractor's businesses a:- yards.