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HomeMy WebLinkAboutLL 2004 #11 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main 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. 356 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 20, 2004: WHEREAS, there was been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 23~ day of March 2004 a Local Law entitled "A Local Law in Relation to Exceptions to Site Plan Approval in the Hamlet Business (HB) District in Chapter 100 of the Zoning Code of the Town of Southold"; and WHEREAS the Town Board of the Toxvn of Southold will held a public hearing on the aforesaid Local Law at which time all interested persons were given the opportunity to be heard, noxv therefore be it 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 Exceptions to Site Plan Approval in the Hamlet Business {HB) District in Chapter 100 of the Zoning Code of the Town of Southold" LOCAL LAW NO. 11 OF 2004 BE IT ENACTED, by the Toxvn Board of the Town of Southold as follows: I. Purpose - Prior to the enactment of Local Law No 10 of 2003, buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts were permitted uses not subject to site plan approval by the Planning Board. This Local Law restores this exception to site plan approval, xvhich was inadvertently eliminated by the adoption of Local Law 10 of 2003. II. Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows: § 100-91. Use regulations. In the HB District, 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 uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), A(2), A(3) and A(20) hereof, are subject to site plan approval by the Planning Board: (3) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. 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 there of other than the part so decided to be tmconstitutional or invalid. IV. Effective Date. This Local Law shall take effect inm~ediately 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 RECEIVED MAY 17 2004 Seuthold Town Clerk GEORGE E PATAKI May 12, 2004 Town of Southold Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 RE: Town of Southold, Local Law 10 & 11, 2004, filed on 4/30/2004 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 Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET~ ALBANY1 NY 12231 (Use this form to f'de a local la~v 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. Town of SOUTHOLD LOCAL LAW NO. 11 OF 2004 BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Purpose - Prior to the enactment of Local Law No 10 of 2003, buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts were permitted uses not subject to site plan approval by the Planning Board. This Local Law restores this exception to site plan approval, which was inadvertently eliminated by the adoption of Local Law 10 of 2003. II. Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows: § 100-91. Use regulations. In the HB District, 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 uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), A(2), A(3)_and A(20) hereof, are subject to site plan approval by the Planning Board: (3) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. 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 there of 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. Strike-through represents deletion. Underline represents insertion. (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.) ! hereby certify that the local law annexed hereto, designated as local law No. __ 11 __ of 20 04 . of the (Cz'.:.~.%')(CL?)(Town) ('.'~'.'.~g:) of. SOUTHOLD was duly passed by the TOWN BOARD on April 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 certify that the local law annexed hereto, designated as local law No. of 20 of the (Coumy)(City)(Toxvn)(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 xvith the applicable pro~4sions 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 ~vas (approved)(not approved)(repassed after disapproval) by the on 20__. Such local law was submitted to the people by reason of a (rnandatory)(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 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 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- xvide 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 affu-rnative 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 laxv 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 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 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 therefi'om and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Clerk o tt~e Co~ legislative b'ody. City. T~a-ffor Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk (Seal) Date: __.April 27, 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 ann~ed~ Si~naRtre - /t I f \ Patricia A. Finnegan~r.~sq, Townk~Atllornev Title To'am of SOUTHOLD Date: April 27, 2004 (3) ELIZABETH A. NEVilLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main 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. 348 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 20, 2004: RESOLVED that the Town Board of thc Town of Southold hereby finds that the proposed Local Law entitled "A Local Law in relation to Site Plan Approval in the Hamlet Business (HB) District in Chapter 100 of the Zoning Code of the Town of Southold' is classified as a Type II Action pursuant to SEQRA Rules and Regulations~ 6 NYCRR Section 617.5~ and is not subiect to review under SEQRA. Elizabeth A. Neville Southold Town Clerk #2995 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 1st day of April ,2004. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-VO6105050 Qualified in Suffolk County Cor~mlsslon Exp!res Februory 28, 2008 Sworn to before me this 2004 Principal Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBy GIVEN that there has been presented to the Town Board of the Town of Southold. Suffoilc County, New York~ on the 23rc1 day of Matcb 2004 a Local Law entid~l "A of the Zonina Code of /he Town 9f NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the on Anril 20~ 2004 at/~:0g 9.m. at which The proposed Local Law enUded "A Southold" reads as follows: LOCAL LAW NO. 2004 TOWN OF SOUTHOLD A Local Law entitled, "A Local Law Zonine Code of the Town of BE IT ENACTED by the Town Boayd of the Town of Southold, as fol- of Local Law No 10 of 2003, buildings, by the Town of Southold. school dis plan approval by the Planning Board. vertendy eliminated by the adoption of Local Law 10 of 2003. I/. Chapter [00 of the Zoning Code of the Town of Southold is hereby § 100-91. Use regulations. In the HE District, no building or premises shall be used and no building altered which is arranged, intended or designed to be used. in whole or in part, A. Permlt~ed uses. The following are A(2L A(3~ ,'md A(20~ hereof, a~ subject Board: IlL Severability. al or invalid. 9~ ITAI #6040 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 29th day of April ,2004. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-V06105050 Qualified in Suffolk County ?~mmisslon Expires February 28, 2008 Sworn to before me this 2004 Principal Clerk LEGAL NOTICE NOTICE OF ENACTMENT NOTICE IS HEREBY GIVEN that there h~s been presented to the To'~n Board of the Town of Southold. Suffolk County. New York. on the 23rd day of March 2004 a Local Law entitled "A Local Law in Relation to Exceptions to Site Plan Approval in the Hamlet Business IHB) Disthct in Chapter 100 of the Zonhlg Code of the Town of Southold"; and rhe Town Board of the Town of Sourhold held a public hearhng on the aforesaid Loca[ Law at which time all interested persons were given the opportumty to be heard, now there- fore be it NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold hereby enacts the fol- lowing Local Law: A Local Law emitted. "A Local Law in Relation to Exceptions to Site Plan Approval in the Hamlet Business I HBI District in Chapter 100 of the Zoning Code of the Town or' Southold" LOCAL L~.W NO. __11 -- OF 2004 BE [T ENACTED, by the town Board of the Town of Southold as fo[- 1. Purpose - Prior to the enactment of Local Law No 10 of 2003, buildings, structures and uses owned or operated by the Town of Southoid. school dis- mcts. park districts and fire districts were pemlitted uses not subject to site plan approval by the p[anmng Board. This Local Law restores this exception to site plan approval, which was ~nad- ver~ently eliminated by the adoption or Lecal Law l0 of 2003. Il. Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows: § 100-91. Use regulations. In rhe HB District. no building or premises shall be used and no building or part of a building shall be erected or altered which is mrranged, threeded or designed tp be. used, in whole or in part, lbr any uses except the following: A. PermiRed uses. The following are permitted uses and. except /bt those uses permitted under Subsection A( I I, A(21. A~3~ and A(201 hereof, are subject to site plan approval by the Planning SOUTHOLD TOWN BOARD PUBLIC H EARING April 20, 2004 8:05 P.M. (actual 8:15 P.M.) HEARING ON "A LOCAL LAW IN RELATION TO SITE PLAN APPROVAL IN TIdE HAMLET BUSINESS (HB} DISTRICT IN CHAPTER 100 OF THE ZONING CODE OF THE TO~qXl OF SOUTHOLD". Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman Jolm M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Deputy Town Clerk Linda J. Cooper Town Attorney Patricia A. Finnegan 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 23~d day of March 2004 a Local Law entitled "A Local Law iu Relation to Exceptions to Site Plan Approval in the Hamlet Business (HB} District in Chapter 100 of the Zoning Code of the Town of Sonthold"; 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 on April 20~ 2004 at 8:05p.m.at which time all interested persons will be given the opportunity to be heard thereon, The proposed Local Law entitled "A Local Law in Relation to Exceptions to Site Plan Approval in the Hamlet Business (HB) District in Chapter 100 of the Zoning Code of the Town of Southold" reads as follows: LOCAL LAW NO. 2004 TO'¢,2',1 OF SOUTHOLD A Local Law entitled, "A Local Law in Relation to Exceptions to Site Plan Approval in the Hamlet Business (HB) District in Chapter 100 of the Zoning Code of the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold, as follows: 1. Purpose - Prior to the enactment of Local Law No 10 of 2003, buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts were pennitted uses not subject to site plan approval by the Planning Board. This Local Law restores this exception to site plan approval, which was inadvertently eliminated by the adoption of Local Law 10 of 2003. Il. Chapter 100 of the Zoning Code of the Town of Southold is hereby ameoded as follows: § 100-91. Use regulations. In the HB District, no building nr premises shall be used and no bnilding or part of a building shall be erected or altered xvhich is arranged, intended or designed to be used, in whole or in part, for any uses except the following: April 20, 2004 2 Public Hearing-Hamlet Business A. Permitted uses. The following are pemfitted uses and, except for those uses permitted under Subsection A(1), A(2), A(3) and A(20) hereof, are subject to site plan approval by tile Planning Board: (3) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts aud fire districts. 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 there of other than the part so decided to be unconstitutional or invalid. IV. Effective Date. This Local Law shall take effect imn~. ~,ately upon filing with the Secretary of State as provided by law. l [lave several communications. One is from the Planning Board. "Due to Lxpographical eh'or during a code amendment in 2003, buildings, structures and uses owned and operated by the Town of Southold. school districts, park districts and fire districts are now subject to site plan approval by the Plalming Board. The Planning Board agrees that these buildings, structures and uses should be exempt from the site plau approval process." And [ have a communication from the County of Suffolk, to whom this local law was referred and they essentially say that the Colnlnission considers this to be a matter of local determination as there is no apparent significant county-wide or inter-community impacts. I have a notice that it has appeared on the Town Clerk's bulletin board outside and it has appeared as a legal in the local papers. No further communications. SUPERVISOR HORTON: Thank you, Councilman Wic'kham. Are there any comments from the public regarding this public hearing? (No response) We will close the public hearing at g: 19 P.M. Linda J. Cooper Deputy Town Clerk