HomeMy WebLinkAboutLL 2007 #06
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RECEIVED
APR Ii 2007
STATE OF NEW YORK
DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231-0001
Southold Town Clerk
ELIOT SPITZER
GOVERNOR
LORRAINE A. CORTES-V AzaUEZ
SECRETARY OF STATE
April 3, 2007
Lynda Bohn
Town of Southold
Town Hall, 53095 Main Rd
P.O. Box 1179
South old NY 11971
RE: Town of Southold, Local Law 45 & 6 2007, filed on 2/28/07
Dear Sir/Madam:
The above referenced material was received and filed by this office as indicated.
Additional local law filing forms can be obtained from our website, www.dos.state.nv.us.
Sincerely,
Linda Lasch
Principal Clerk
State Records and Law Bureau
(518) 474-2755
WWW.DOS.STATE.NY.US . E-MAIL: INFO@DOS.STATE.NY.US
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SOUTHOLD TOWN BOARD
PUBLIC HEARING
February 13, 2007
8:10PM
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN WHEREAS, there has
been presented to the Town Board of the Town of Southold, Suffolk County, New York,
on the 16th day of January, 2007 a Local Law entitled "A Local Law in relation to Site
Plan Review of Landmarked Properties" and
RESOLVED 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 13th dav of Februarv, 2007 at 8:10 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 Site Plan Review of
Landmarked Properties" reads as follows:
LOCAL LAW NO. 2007
A Local Law entitled, "A Local Law in relation to Site Plan Review of Landmarked
Properties" .
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose - Site plan applications that also require review of the Historic
Preservation Commission under the Historic Landmarks Preservation Law are
currently subject to duplicative and sometimes conflicting architectural review.
This Amendment would eliminate that unnecessary step only when the
Landmarks Law already provides for such review.
II. Chapter 280 of the Code of the Town of South old is hereby amended as follows:
9280-131. Review procedure. [Amended 5-15-1995 by L.L. No. 7-1995; 12-27-1995
by L.L. No. 25-1995; 12-14-2004 by L.L. No. 25-2004]
C. When the Planning Board determines said application to be acceptable, it shall,
within 10 business days of such determination, distribute said application and
documentation to the Town, county and state agencies having jurisdiction, for their
comment. Such referral shall include a referral to the Architectural Review Committee.
The Architectural Review Committee shall make a written recommendation to the
Planning Board on the site plan within 10 business days ofreceipt of the referral. If the
Committee fails to make a recommendation within this time period, the project shall
proceed to the Planning Board for consideration without Committee review.
Notwithstanding the foregoing. applications involving onlv structures requiring review bv
the Historic Preservation Commission for a Certificate of Appropriateness under Chapter
170 of this Code. Historic Landmark Preservation Law. shall not also be referred to the
Architectural Review Committee for review.
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 affect the
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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.
I have a notice here from the Suffolk County Department of Planning, 'Dear Mrs.
Neville, Pursuant to the requirements of the Suffolk County Administrative code, this
application, which has been submitted to the County Planning Commission is considered
to be a matter for local determination and which should not be construed as either an
approval or a disapproval.' And from Jerilyn B. Woodhouse, Chair of the Southold
Town Planning Board, 'The Planning Board supports the proposed local law in relation to
site plan review oflandmarked properties.' I have notice that this has appeared as a legal
in the local newspaper and has appeared on the Town Clerk's bulletin board. I have no
further communications.
SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this
particular local law?
COUNCILMAN KRUPSKI: I just have a brief comment, although this is only going to
affect the projects and parcels that are, that come under the jurisdiction of the Historic
Landmark Preservation law, I think it is a step in the right direction towards cutting some
red tape and it is a good move and I think it is a start towards getting people, you know, if
you are going to have jurisdiction over different activities, you should do it in an
expeditious manner. Not penalize people for following the rules and I think this is the
right step.
SUPERVISOR RUSSELL: That is right. The, both bodies are essentially set up
similarly, the Landmarks Preservation Commission has two architects on staff. Their
charge is to look at it in the specific historic context of the building, of the structure,
whereas Architectural Review looks at the context of community standards, arbitrary
tastes, those sorts of things. They are reviewing the same things, landscaping, lighting
etc only like I said, Landmarks is much more specified to the specific era of the structure
itself so it would seem somewhat repetitive to have two different groups working on that.
Can I get a motion to close this?
* * * * *
r!'~bHO~
EhzabethA. Neville
Southold Town Clerk
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NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing
41 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.
CtHUltj'
Gity
Town of
'.Tillage
SOUTHOLD
LOCAL LAW NO.6 of 2007
A Local Law entitled, "A Local Law in relation to Site Plan Review of Landmarked Properties".
BE IT ENACTED by the Town Board ofthe Town of South old as follows:
1. Purpose - Site plan applications that also require review of the Historic Preservation Commission under
the Historic Landmarks Preservation Law are currently subject to duplicative and sometimes conflicting
architectural review. This Amendment would eliminate that unnecessary step only when the Landmarks
Law already provides for such review.
II. Chapter 280 of the Code of the Town of South old is hereby amended as follows:
9280-131. Review procedure. [Amended 5-15-1995 by L.L. No. 7-1995; 12-27-1995 by L.L. No. 25-1995;
12-14-2004 by L.L. No. 25-2004]
C. When the Planning Board determines said application to be acceptable, it shall, within 10
business days of such determination, distribute said application and documentation to the Town, county
and state agencies having jurisdiction, for their comment. Such referral shall include a referral to the
Architectural Review Committee. The Architectural Review Committee shall make a written
recommendation to the Planning Board on the site plan within 10 business days of receipt of the referral.
If the Committee fails to make a recommendation within this time period, the project shall proceed to
the Planning Board for consideration without Committee review. Notwithstanding the foregoing,
applications involving only structures requiring review by the Historic Preservation Commission for a
Certificate of Appropriateness under Chapter 170 of this Code, Historic Landmark Preservation Law,
shall not also be referred to the Architectural Review Committee for review.
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 affect 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 nnmber each.)
DOS-239(Rev.ll/99)
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(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. 6 of20..!!Z........: of the
(goull!; )(e;!; )(Town) ('.'ilhl!l~) of SOUTHOLD was duly passed by the
TOWN BOARD on February 13 , 20 07 , in accordance with the applicable provisions of law.
2. (passage by locallegialative body with approval, uo disappronl or repasaage after diaappro'/al by the Eleetb.e
Chief Exeeuthe Offieer" .)
I hereby certify that the local law annexed hereto, designated as local law No.
of the (County)(City)(Town)(Village) of
on
disapproval) by the
in accordance with the applicable provisions of law.
of20
was duly passed by the
20 _, and was (approved)(not approved)(repassed after
and was deemed duly adopted on 20_
J. (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 (approvedXnot approvedXrepassed 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.
1. (Subjeet to permiasive referendum and onal adoptiou beeause no "lalid petition was oled requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No.
(County)( City )(T own )(V i llage)
of 20 of the
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- wide
basis or, Ifthere 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
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S. (City local law eoneerning CkaFter revision propoaed by petition.)
I hereby certifY that the local law annexed hereto, designated as local law No. of20
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.
Ii. (CoHnty loeallaw eoneerning adoption of CkaFter.)
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 otber autborized form of final adoption bas 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.
(Seal)
Clerk ofth nty legislative body. City. T wn or Villa~ Clerk
or officer designated by local legislative bo y
Elizabetb A. Neville, Town Clerk
Date: February 20, 2007
(Certification to be execnted by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
otber autborized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certifY that the foregoing loca law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the localla ann reto.
~
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ignatur
a 'cia A. Finnegan, Esq., Town Attorney
Kieran Corcoran, ESQ., Assistant Town Attornev
Title
COllRt)
Gity
Town of
','illag8
Date:
SOUTHOLD
February 20, 2007
3
Town of Southold - Letter-
Board .eting of February 13,2007
RESOLUTION 2007-204
ADOPTED
Item # 44
DOC ID: 2617
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-204 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 13,2007:
WHEREAS, there had been presented to the Town Board ofthe Town of Southold, Suffolk County, New
York, on the 16th day of January, 2007 a Local Law entitled "A Local Law in relation to Site Plan
Review of Landmarked Properties", and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at
which time all interested persons were given an opportunity to be heard, therefore be it
RESOLVED that the Town Board of the Town of South old hereby ENACTS the proposed Local Law
entitled, "A Local Law in relation to Site Plan Review of Landmarked Properties" which reads as
follows:
LOCAL LAW NO. b 2007
A Local Law entitled, "A Local Law in relation to Site Plan Review of Landmarked Properties".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1. Purpose - Site plan applications that also require review of the Historic Preservation Commission
under the Historic Landmarks Preservation Law are currently subject to duplicative and sometimes
conflicting architectural review. This Amendment would eliminate that unnecessary step only when the
Landmarks Law already provides for such review.
II. Chapter 280 of the Code of the Town of South old is hereby amended as follows:
9280-131. Review procedure. [Amended 5-15-1995 by L.L. No. 7-1995; 12-27-1995 by L.L. No.
25-1995; 12-14-2004 by L.L. No. 25-2004]
C. When the Planning Board determines said application to be acceptable, it shall,
within 10 business days of such determination, distribute said application and
documentation to the Town, county and state agencies having jurisdiction, for their
Generated February 14,2007
Page 66
Town of Southold - Letter.
Board .ting of February 13,2007
comment. Such referral shall include a referral to the Architectural Review Committee.
The Architectural Review Committee shall make a written recommendation to the
Planning Board on the site plan within 10 business days of receipt of the referral. Ifthe
Committee fails to make a recommendation within this time period, the project shall
proceed to the Planning Board for consideration without Committee review.
Notwithstanding the foregoing, applications involving only structures requiring review by
the Historic Preservation Commission for a Certificate of Appropriateness under Chapter
170 of this Code, Historic Landmark Preservation Law, shall not also be referred to the
Architectural Review Committee for review.
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 affect 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.
a.a"/~-q,rltJ..
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER: Thomas H. Wickham, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
Generated February 14,2007
Page 67
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Town of South old - Letter
. lL
Board Meeting of February 13,2007
RESOLUTION 2007-201
ADOPTED
Item # 41
DOC ID: 2623
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-201 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 13,2007:
RESOLVED that the Town Board of the Town of Southold hereby finds that the adootion of
the local law entitled" A Local Law in relation to Site Plan Review of Landmarked
Prooerties" is classified as a Tvoe II Action oursuant to SEQRA Rules and Reeulations, 6
NYCRR Section 617.5, and is not subject to review under SEQRA.
~Q ;p..
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Thomas H. Wickham, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
Generated February 14,2007
Page 60
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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
sou tholdtown. northfork. net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 20, 2007
Federal Express
New York State Department of State
State Records and Law Bureau
41 State Street
Albany, NY 12231
RE: Local Law Number 4-6 of 2007
Town of Southold, Suffolk CountY
Dear Sirs:
In accordance with PfoVfsi6iis-of~j:ction 270ftile Municipal Home Rule Law, I am
enclosing herewith certifie~.'l:opies of Local Law Number 4-6 of 2007 of the Town of Southold,
suitable for filing in your Office.
I would appreciate if you would send me a receipt indicating the filing of the enclosures
in your office. TbankYou.
Very truly yours,
Lynda M Bohn
Southold Deputy Town Clerk
Enclosures
cc: Town Attorney
r
#8201
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Candice Schott 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 week(s),
successively, commencing on the 1st day of Februarv.2007.
G~hu {2j~
Principal Clerk
Sworn to before me this
2007
B
day of ~b
HRISTINA VOllNSKI
NOTARY PUBlIC.STATE OF NEW YORK
NO.Ol.V061050S0
Quolliied In Suffolk County
Commission Expires February 28. 2008
#8201
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Candice Schott 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 week(s),
successively, commencing on the 1st day of Februarv, 2007.
f7u~hu c2L~
Principal Clerk
Sworn to before me this
2007
c9.
day of Kh
(\ In/) J ,,-t J/ /Jz..- 'vciuch[
~RrsTI~
NOTARY PUBLIC-STATE OF NEW YORK
No.Ol-V06105050
Quolltieo In Suffolk County
Commission Expires Feoruory 28. 2008
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"J-//~/o7
MAIliNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
PLANNING BOARD MEMBERS
JERlLYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
OFFICE WCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
RECEIVeD
MEMORANDUM
FEg 1 : 2007
t'....wl'1'-...U.,.....w..r'.ar~
To: Elizabeth A Neville, Southold Town Oerk
Members of the Town Board
From: Jerilyn B. Woodhouse, Olairperson, Southold Town Planning Board r
Date: 12 February 2007
Re: Resolution 117 & 118 proposed Local Law in relation to Site Plan Review of Landmarked properties
The Planning Board supports the proposed local law in relation to Site Plan Review of Landmarked
properties.
Ce: File
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COUNTY OF SUFFOLK
jJ If '8; / () /' /l7
j/S/v 7
cg
STEVE LEVY
SUFFOlK COUNTY EXECUTIVE
February 2, 2007
THOMAS ISLES, AICP
DIRECTOR Of PLANNING
RECEIV;;O
DEPARTMENT OF PLANNING
Ms. Elizabeth Neville, Town Clerk
Town of Southold Planning Bd.
53095 Main Road - P.O. Box 1179
Southold, NY 11971
FEB q 2007
S:; i'" r,id Tc.,;n Clerk
Applicant: Town of Southold
Zoning Action: Amendment to Section 180-131 "Review
Procedure"
Public Hearing Date: 2/13/07
S.C.P.D. File No.: SD-07-01
Dear Ms. Neville:
Pursuant to the requirements of Sections 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 sigoificant county-wide or
inter-community impact(s). A decision oflocal determination should not be construed as either an approval
or disapproval.
v cry truly yours,
APF:cc
G:\CCHORNYlZONING\ZONING\WORKING\lD2005\MAY\BR04-105.APR
LOCATION
H. LEE DENNISON BLDG. - 4TH FLOOR
100 VETERANS MEMORIAL HIGHWAY
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MAILING ADDRESS
P. O. BOX 6100
HAUPPAUGE, NY 11788-0099
.
(631) 853-5190
TELECOPIER (631) 853-4044
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LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN WHEREAS, there has been presented to the Town
Board of the Town of South old, Suffolk County, New York, on the 16th day of January,
2007 a Local Law entitled "A Local Law in relation to Site Plan Review of
Landmarked Properties" and
RESOLVED that the Town Board of the Town of South old will hold a public hearing on
the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New
York, on the 13th dav of Februarv, 2007 at 8:10 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 Site Plan Review of
Landmarked Properties" reads as follows:
LOCAL LAW NO. 2007
A Local Law entitled, "A Local Law in relation to Site Plan Review of Landmarked
Properties".
BE IT ENACTED by the Town Board of the Town of South old as follows:
I. Purpose - Site plan applications that also require review of the Historic
Preservation Commission under the Historic Landmarks Preservation Law are
currently subject to duplicative and sometimes conflicting architectural review.
This Amendment would eliminate that unnecessary step only when the
Landmarks Law already provides for such review.
II. Chapter 280 ofthe Code ofthe Town of South old is hereby amended as follows:
9280-131. Review procedure. [Amended 5-15-1995 by L.L. No. 7-1995; 12-27-1995
by L.L. No. 25-1995; 12-14-2004 by L.L. No. 25-2004]
C. When the Planning Board determines said application to be acceptable, it shall,
within 10 business days of such determination, distribute said application and
.
.
documentation to the Town, county and state agencies having jurisdiction, for their
comment. Such referral shall include a referral to the Architectural Review Committee.
The Architectural Review Committee shall make a written recommendation to the
Planning Board on the site plan within 10 business days of receipt of the referral. If the
Committee fails to make a recommendation within this time period, the project shall
proceed to the Planning Board for consideration without Committee review.
Notwithstanding the foregoing, applications involving onlv structures requiring review bv
the Historic Preservation Commission for a Certificate of Appropriateness under Chapter
170 of this Code, Historic Landmark Preservation Law, shall not also be referred to the
Architectural Review Committee for review.
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 affect 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.
Dated: January 16,2007
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON FEBRUARY 1, 2007 AND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK,
TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
Suffolk Times
Landmark Preservation
Town Clerk's Bulletin Board
Town Board Members
Town Attorney
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STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of South old, New York being
, i
duly sworn, says that on the ;:JS day of ~ ,^.... 0' ,200', she affixed a
notice of which the annexed printed notice is Vtrue copy, in a proper and substantial
manner, in a most public place in the Town of South old, Suffolk County, New York, to
wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Public Hearing 2-13-07 at 8:10 p.m.
C'~-/.d-LQ ~d<,d
lizabeth A. Nevi e
Southold Town Clerk
Sworn before ~his 'I
.~6}aYOf ~1r<->>-,"....~20'
~"l h~VV1 r'r)~V
~otary Public
LYNDA M BOHN
NOTARYNPUBUC, State 01 New York
. o. 01806020932
Qualified in SuffOlk Co lty_
Term Expires March 8, 2~n.tZ/.
lr
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LEGAL NOTICE
NOTICE OF PUBUC HEARING
NOTICE IS HEREBY GIVEN
WHEREAS, there has been present-
ed to the Town Board of the Town of
Southold, Suffolk County, New York,
on the 16th day of January, 2007 a Local
Law entitled "A LoeaI l..aw in relation
to Site Plan Review of l..wuI..._rked
Prooerties" and
RESOLVED that the Town Board of
the Town of Southold will hold a pub-
lic hearing on the aforesaid Local Law
at the Southold Town Hall, 53095 Main
Road, Southold, New York, on the JJth
dav of Febmary, 2007 at Bm!....IldIL at
which time all interested persons will be
given an opportunity to be heard.
The proposed Local Law entit1ed.~
'......1 Law in relation to Site .... Re-
view of I .nd.........ed Prooertil!l:" reads
as follows:
l..or,u.LAWNO. 1!IJJI7
A Loca1 Law entitled. 06.4. ,.........
ill relldion to Site Plan ReviP.w ofT ..ad.
m.dell Prouertielil."
BE IT ENACI'ED by the Town
Board of the Town of Southold as fol-
lows:
L Parpose - Site plan applications
that also require review of the Historic
Preservation COIwnission under' the
Historic Landmarks Preservation Law
are currently' subject to duplicative and
sometimes conflicting architectural re-
view. This Amendment would eliminate
that unnecessary step only when the
Landmarks _ Law already provides for
such review.
n. Chapter 280 of the Code of the
Town of Southold is hereby amended
as follows:
~280-131. Review procedure.
[Amended 5-15-1995 by L.L. No. 7-
1995; 12-27-1995 by L.L. No. 25-1995;
12-14-2004 by L.L. No. 25-2004]
C When the Planning Board deter-
mines said application to be accept-
able, it shall, within 10 business days
of such determination, distribute taid
application and documentation to the
Town, county and state agencies having
jurisdiction, for their comment. Such
referral shall include a referral to the
Architectural Review Committee. The
Architectural Review Committee shall
make a written recommendation to the
Planning Board on the site plan within
10 business days of receipt of the tefer-
ral. If the Committee fails to make a
recommendation within this time pe-
riod, the project shall proceed to the
Planning Board for consideration with~
out Committee review. Notwithstand_
in!!' the f~poinp aoolications involvinv
onlv stnrctures re{]llirinp review hv the
Historic Pre.'lervation rnmmis-,;:inn for
a - C..ertificate of Anorooriatenes..o;. un-
der Chanter 170 of this Code Historic
Landmark Preservation I.::lW shall not
also be referred to the Architectural
Review Committee for review.
m. SEVERABWTY
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 affect the validity of this law as
a whole or any part thereof other than
the part so decided to be unconstitu-
tional or invalid.
Iv. EFFEcnvE DATE
This Local Law shall take effect im-
mediately upon filing with the Secretary
of State as provided by law.
Dated: January 16,2007
BY ORDER OF
THE TOWN BOARD
OFTIlE TOWN OF SOurnOLD
Elizabeth Neville
Town Oerk
8201-1T 2/1
TOWN CLERK COpy
I
.
.
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
sou tholdtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 20,2007
RE: Resolutions 117 & 118 proposed Local
Law in relation to Site Plan Review of
Landmarked Properties
Jerilyn B. Woodhouse, Chairman
Southold Town Planning Board
Southold Town Hall
Southold, New York 11971
The Southold Town Board at their regular meeting held on January 16, 2007 adopted the
above resolutions. Certified copies of these resolutions are enclosed together with all
pertinent documents relating to this proposed local law .
Please prepare an official report defining the Planning Board's recommendation with
regard to this proposed local law and forward it to me at your earliest convenience. This
proposed local law has also been sent to the Suffolk County Department of Planning for
their review. The date and time for this public hearing is 8:10 P.M, Tuesday, February
13, 2007 at the Southold Town Hall, 53095 Main Road, Southold, New York. Please
contact me if you should have any questions relating to this referral. Thank you.
Very truly yours,
~_~/JTAO~
~~~eville
Southold Town Clerk
Enclosures
cc: Town Board
Town Attorney
,
Town of Southold . Lettee
Boaraeeting ofJanuary 16,2007
RESOLUTION 2007-117
ADOPTED
Item # 35
DOC ID: 2535
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-117 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 16, 2007:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 16th day of January, 2007 a Local Law entitled "A Local Law in relation to Site
Plan Review of Land marked Properties" now, therefore, be it
RESOLVED that the Town Board of the Town of South old will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 13th
dav of Februarv. 2007 at 8:10 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 Site Plan Review of Landmarked
Properties" reads as follows:
LOCAL LAW NO. 2007
A Local Law entitled, "A Local Law in relation to Site Plan Review of Landmarked
Properties" .
BE IT ENACTED by the Town Board of the Town of South old as follows:
I. Purpose - Site plan applications that also require review of the Historic Preservation
Commission under the Historic Landmarks Preservation Law are currently subject to
duplicative and sometimes conflicting architectural review. This Amendment would
eliminate that unnecessary step only when the Landmarks Law already provides for such
revIew.
II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
Generated January 17,2007
Page 47
Town of South old - Lettee
Bomeeeting of January 16, 2007
.
~280-131. Review procedure. [Amended 5-15-1995 by L.L. No. 7-1995; 12-27-1995 by
L.L. No. 25-1995; 12-14-2004 by L.L. No. 25-2004]
C. When the Planning Board determines said application to be acceptable, it
shall, within 10 business days of such determination, distribute said application
and documentation to the Town, county and state agencies having jurisdiction, for
their comment. Such referral shall include a referral to the Architectural Review
Committee. The Architectural Review Committee shall make a written
recommendation to the Planning Board on the site plan within 10 business days of
receipt of the referral. If the Committee fails to make a recommendation within
this time period, the project shall proceed to the Planning Board for consideration
without Committee review. Notwithstandinl! the forel!oinl!. aoolications
involvinl! onlv structures reauirinl! review bv the Historic Preservation
Commission for a Certificate of Aoorooriateness under Chaoter 170 of this Code.
Historic Landmark Preservation Law. shall not also be referred to the
Architectural Review Committee for review.
m. 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 affect 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.
~Q :/.l..
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER: William P. Edwards, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russeli, Krupski Jr.
Generated January 17,2007
Page 48
.
Town of Southold - Letter
.
Board Meeting of January 16, 2007
RESOLUTION 2007-118
ADOPTED
Item # 36
DOC 10: 2536
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-118 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 16, 2007:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to forward the proposed Local Law entitled "A Local Law in relation to Site
Plan Review oCLandmarked Properties". to the Southold Town Plannin2 Board and the
Suffolk County Plannin2 Commission for comments and recommendations.
~2f :/1..
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Thomas H. Wickham, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
Generated January 17,2007
Page 49
t
.
.
TOWN CLERK COpy
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 SOUTH OLD
January 20,2007
RE: Resolutions 117 & 118 proposed Local
Law in relation to Site Plan Review of
Landmarked Properties
Thomas Isles, Director of Planning
Suffolk County Department of Planning
Post Office Box 6100
Hauppauge, New York 11788-0099
Dear Mr. Isles,
The Southold Town Board at their regular meeting held on January 16, 2007 adopted the
above resolutions. Certified copies of these resolutions are enclosed together with all
pertinent documents relating to this proposed local law.
Please prepare an official report defining the Planning Department's recommendation
with regard to this proposed local law and forward it to me at your earliest convenience.
This proposed local law has also been sent to the Southold Town Planning Board for their
review. The date and time for this public hearing is 8:10 P.M, Tuesday, February 13,
2007 at the Southold Town Hall, 53095 Main Road, Southold, New York. Please contact
me if you should have any questions relating to this referral. Thank you.
Very truly yours,
~~
iSouthold Town Clerk
Enclosures
cc: Town Board
Town Attorney
:
.
Town of South old . Letter
.
Board Meeting of January 16, 2007
RESOLUTION 2007-117
ADOPTED
Item # 35
DOC ID: 2535
TIDS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-117 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 16,2007:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 16th day of January, 2007 a Local Law entitled "A Local Law in relation to Site
Plan Review of Land marked Pronerties" now, therefore, be it
RESOLVED 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 13th
dav of Februarv, 2007 at 8:10 n.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 Site Plan Review of Landmarked
Properties" reads as follows:
LOCAL LAW NO. 2007
A Local Law entitled, "A Local Law in relation to Site Plan Review of Landmarked
Properties".
BE IT ENACTED by the Town Board of the Town of South old as follows:
I. Purpose - Site plan applications that also require review of the Historic Preservation
Commission under the Historic Landmarks Preservation Law are currently subject to
duplicative and sometimes conflicting architectural review. This Amendment would
eliminate that unnecessary step only when the Landmarks Law already provides for such
review.
II. Chapter 280 of the Code of the Town of South old is hereby amended as follows:
Generated January 17, 2007
Page 47
.
Town of South old - Letter
BoarAeeting of January 16,2007
,
~280-13J. Review procedure. [Amended 5-15-1995 by 1.1. No. 7-1995; 12-27-1995 by
1.1. No. 25-1995; 12-14-2004 by 1.1. No. 25-2004]
C. When the Planning Board determines said application to be acceptable, it
shall, within 10 business days of such determination, distribute said application
and documentation to the Town, county and state agencies having jurisdiction, for
their comment. Such referral shall include a referral to the Architectural Review
Committee. The Architectural Review Committee shall make a written
recommendation to the Planning Board on the site plan within 10 business days of
receipt of the referral. If the Committee fails to make a recommendation within
this time period, the project shall proceed to the Planning Board for consideration
without Committee review. Notwithstanding the foregoing. applications
involving onlv structures reauiring review bv the Historic Preservation .
Commission for a Certificate of Appropriateness under Chapter 170 of this Code.
Historic Landmark Preservation Law. shall not also be referred to the
Architectural Review Committee for review.
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 affect 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.
~~ :,~.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER: William P. Edwards, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
Generated January] 7,2007
Page 48
.
.
Town of South old - Letter
Board Meeting of January 16, 2007
RESOLUTION 2007-118
ADOPTED
Item # 36
DOC ID: 2536
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-118 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 16, 2007:
RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the
Town Clerk to forward the proposed Local Law entitled "A Local Law in relation to Site
Plan Review of Landmarked Properties", to the Southold Town Plannine Board and the
Suffolk County Plannine Commission for comments and recommendations.
~Q ilL.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Thomas H. Wickham, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
Generated January 17, 2007
Page 49
.
Town of Southold - Letter
. f:-jJ-
Board Meet~f~January 16, 2007
RESOLUTION 2007-118
ADOPTED
Item # 36
DOC ID: 2536
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-118 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 16, 2007:
RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the
Town Clerk to forward the proposed Local Law entitled "A Local Law in relation to Site
Plan Review of Landmarked Properties''. to the Southold Town Planninl!: Board and the
Suffolk Countv Planninl!: Commission for comments and recommendations.
~~r:tA.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Thomas H. Wickham, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
Generated January 17,2007
Page 49
Town of Southold - Letter.
J..,f<--
Bo~eting of January 16, 2007
RESOLUTION 2007-117
ADOPTED
Item # 35
DOC ID: 2535
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-117 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 16, 2007:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 16th day of January, 2007 a Local Law entitled "A Local Law in relation to Site
Plan Review of Landmarked Properties" now, therefore, be it
RESOLVED that the Town Board of the Town of South old will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 13th
dav of Februarv, 2007 at 8:10 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 Site Plan Review of Landmarked
Properties" reads as follows:
LOCAL LAW NO. 2007
A Local Law entitled, "A Local Law in relation to Site Plan Review of Landmarked
Properties" .
BE IT ENACTED by the Town Board of the Town of South old as follows:
I. Purpose - Site plan applications that also require review of the Historic Preservation
Commission under the Historic Landmarks Preservation Law are currently subject to
duplicative and sometimes conflicting architectural review. This Amendment would
eliminate that unnecessary step only when the Landmarks Law already provides for such
review.
II. Chapter 280 ofthe Code of the Town of Southold is hereby amended as follows:
Generated January 17,2007
Page 47
Town of South old - Lette~
Boar.eeting of January 16,2007
~280-131. Review procedure. [Amended 5-15-1995 by L.1. No. 7-1995; 12-27-1995 by
1.1. No. 25-1995; 12-14-2004 by 1.1. No. 25-2004]
C. When the Planning Board determines said application to be acceptable, it
shall, within 10 business days of such determination, distribute said application
and documentation to the Town, county and state agencies having jurisdiction, for
their comment. Such referral shall include a referral to the Architectural Review
Committee. The Architectural Review Committee shall make a written
recommendation to the Planning Board on the site plan within 10 business days of
receipt of the referral. If the Committee fails to make a recommendation within
this time period, the project shall proceed to the Planning Board for consideration
without Committee review. Notwithstanding the foregoing, applications
involving onlv structures requiring review bv the Historic Preservation
Commission for a Certificate of Appropriateness under Chapter 170 of this Code.
Historic Landmark Preservation Law, shall not also be referred to the
Architectural Review Committee for review.
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 affect 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.
lij_IIfG??:! :/L.
Elizabeth A. Neville
South old Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER: William P. Edwards, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
Generated January 17,2007
Page 48