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HomeMy WebLinkAboutLL 2007 #11 * ELIOT SPITZER GoveRNOR STATE OF NEW YORK DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231-0001 May 11, 2007 LORRAINE A. CORtts-VAzauEZ SI!CIlEfARYOFSTA11! RECEIVi:D Lynda M Bohn Deputy Town Clerk Town Hall, 53095 Main Road PO Box 1179 South old NY 11971 MAY 1 7 2007 Soulhold TrlVln Clerk RE: Town of Southold, Local Law No. 10 & 11, 2007, filed on April 24, 2007 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/corD/misc.html. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 WWW.OOS.STATE.NV.US . E-MAIL: INFOCllOOS.STATE.NY.U8 COUNTY OF SUFFOLK (i) STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISlES, AICP DIRECTOR OF PLANNING May21,2007 RECEIVi:D Ms, Elizabeth Neville, Town Clerk Town of South old 53095 Main Road - P,O. Box 1179 Southold, NY 11971 I/AY 2 9 2G07 Re: Amend Zoning Ordinance Section 280-10 "Merger"; Section 280-4 "Definitions, Lot Coverage: Buildable Land" SCPC File No.: SD-07-02 Soulhold Tc,w" Clerk Dear Ms. Neville: Pursuant to Sections A 14-21 of the Suffolk County Administrative Code, the Suffolk County Planning Commission has notified the neighboring town(s) and/or village(s) concerning the above captioned zoning action(s), Having received no adverse response, the Commission will take no further action. Very truly yours, Thomas Isles ZZ/I~. Andrew p, Freleng, A P Chief Planner APF:cc G:\CCHORNY\ZONING\ZONINGIWORKINGINAR\2005\SD04.01.JAN LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE, NY 11788-0099 (6311853-5190 TELECOPIER (631) 853-4044 . 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 April 23, 2007 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED on April 10, 2007 the proposed Local Laws entitled "A Local Law in relation to the Calculation of Lot Coveraee of Buildable Land" and "A Local Law in relation to Amendments to the Mereer Law". Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~~pt:'L.. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals //{I d;J,. . .//!t~ Signature, Received By /I)idteil&- ~t_ Date: 5/;2~7 M~l~ Title: Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK LEGAL NOTICE NOTICE OF ENAClMENT NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A LoalI Law in relation to the CalculatioD of Lot Coverage of Buildable Land" reads as follows: LOCAL LAW NO. 11 of 2007 A Local Law entitled, "A Local Law in relation to the ("..alculalion olLot Cov- era~e of Buildable Land". BE IT ENACTED by the Town Board of the Town of Southold as follows: L Purpose - In order to provide for the health, safety and welfare for the citizens of the Town of Southold, the Town Board finds it expedient to amend the Town Code so that the calculation of permissible lot coverage on an indi~ vidual parcel shall first exclude lands that have been deemed unbuildable by our local laws from an environmental perspective. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: ~ 280-4. Definitions. LOT COVERAGE - That percent- age of the buildable lands existinp on a lot areft which is covered by the build- ing area. BUILDABT.F I ANDS The area of a lot or Darcel not including- the sonare foota~e of tidal and freshwater wetlands.. land se::lward of the coastal erosion haz_ ard area line beaches bluffs orimal:)' dunes. secondarv dunes. or underwater lands. The terms "wetlands" beaches." "bluffs." and "underwater l::Inds" shall have the meaninlIs set forth in Chanter 275 Wetlands and Shoreline oftheTown ('..ode. The terms "coastal erosion hazard are::lline ""nrimarv dunes" and "second_ arv dunes" shall have the me:minps set forth in Chapter 111 Coastal Frosion Hazard Area of the Town Code. BUILDABLe L\tUJ TI.~ uwl u...... ~[ u I,A ~. p..lcd aft,:,. cL:ltU:u5 ..~l h:'ud", ~l'~U'Ud, p.....ud:., :Ji6p<::J ()....,. lS~l), tll,dGJ ..al...,. luud, ~u~~u'w..l~ ...... otl.<::J L~~l.;...ti,,,,~ (>........"ll;1I5 ~~~ ~[ ~u~1. luud h..,. w~u~t'~wl;uu ofbt1:ldi.,f;3 v. d.........I....1-' meftt 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 unconstitlltion~ alar invalid. IV. APPLICABILITY AND EF. FECllVE DATE This Local Law shall take effect im- mediately upon filing with the Secretary of State as provided by law, and shall apply to all applications filed after such date. Dated: April 10,2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTIIOLD Elizabeth Neville Town Clerk 83411T 4/19 r-- #8341 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, commencing on the 19th day of April , 2007. Cld"~~~~ / Principal Clerk Sworn to before me this 2007 )- ! O'~1 daYOfCunJ f (;1":/1 /VuW ~j;lV U 'CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No.Ol-V06105050 Qualified In Suffolk County Commission Expires February 28, 2006 - . ELIZABETH A. NEVILLE TOWN CLERK HEGlSTHAH OF VITAL STATISTICS MAHHIAGE OFFICER RECORDS MANAGEMENT OFFICER FH,;F;DOM 0,' IN,'ORMATION OFFICEH . : f' Town Hal!, 53095 Main Road P.O. Box 1179 South old, New York 11971 :" JFax (6311 765-6145 Telephone (631) 765-1800 sou tholdtown. north fork. net '" I _ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 23, 2007 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED on April 10, 2007 the proposed Local Laws entitled "A Local Law in relation to the Calculation of Lot Coveral!e of Buildable Land" and "A Local Law in relation to Amendments to the Merl!er Law". Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~Qe~'tI... Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department srf~~ ~ I. ~~~ Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: 1/ Z,S";'7 et..-. c.+- L~ err Title: R(CEI\J "D APR 3 0 2007 Souliluid lv~;n (Ier\! ~.- . . ELIZABETH A. NEVILLE TOWN CLERK REGlHTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FR,;EDOM OF INFORMATION OFt'ICER 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 April 23, 2007 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED on April 10, 2007 the proposed Local Laws entitled "A Local Law in relation to the Calculation of Lot Coveral!:e of Buildable Land" and "A Local Law in relation to Amendments to the Merl!:er Law". Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. arl~Q.rrl'V'" Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals . b AO. 'y'\n ~ ~C'\L Signature, Received By Date: <-\ \bl'-\ \,," ~\C\ VIa \\0<..1<- Please print name Title: 110((. .-h \ ~ ::r ~ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK -r;~" '0 "''-'1'' . I\~~~ yo!- r'- 0 hC;-', { ('.("""','7 ',-'I C"',, , J T " "":lr'~ Soulh,- ~tl L\. n ...\... Ii - . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFt"ICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtow n. northfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD April 23, 2007 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED on April 10, 2007 the proposed Local Laws entitled "A Local Law in relation to the Calculation of Lot Coveral!:e of Buildable Land" and "A Local Law in relation to Amendments to the Merl!:er Law". Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~Q~:I.I... Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ( . ~)I4J \...../h! ~.il ./V0U-U ./ Signature, Received By . A J /~) jVje../,'S'5.4 It. &t.jtJf:/t. Please print name ' 4/ J4{rI( Title: .J.fp ,1:..rr<. f~ Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIV;;D :.r ~ 0 c. 2,007 tlr i l.~, \J Soul!.;"id TL,;n Clerk . . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECOHDS MANAGEMENT OFFICER ~"REEDOM OF INFORMATION OFFICEH Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax 16311 765-6145 Telephone (631) 765-1800 south old town. northfork. net RECEIVi:O OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD AP9 2 ,+ 2007 April 23, 2007 Soufl,(,id T(,~'n Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED on April 10, 2007 the proposed Local Laws entitled "A Local Law in relation to the Calculation of Lot Coveral!:e of Buildable Land" and "A Local Law in relation to Amendments to the Merl!:er Law". Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. lJa-! ~"Q";p.. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals 4 ~'ol~ Signature, Received By LNf)"'- RANDOL? \-\ Please print name Date: '-f-%.1. '01 Title: Sed. Ass 1-. DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK " . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAH OF VITAL STATISTICS MARRIAGE OFFICER HECORDS MANAGEMENT OFFICEH t'REEDOM 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 r.:'::EIV:':D OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD April 23, 2007 AFl ? i; 2007 S"r" . " T .... '~;.~;<) ,-,'..'! nt"rl. 4..... K PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED on April 10, 2007 the proposed Local Laws entitled "A Local Law in relation to the Calculation of Lot Coverae:e of Buildable Land" and "A Local Law in relation to Amendments to the Mere:er Law". Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. PB~~! ~r;,":jh. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department ofPlamIing Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors s~own Building Department ~ Si~ure, Received By ~~k-'1-. ~~. -;)r I Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: Title: Please print name f(24j?d&7 ( ~s.e~S:O--l DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK Ii: ( ,I L I- , , I J 1 ~-_. -. APR 2 C>/~=CJI i. i , , . . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER IU;CORDS MANAGEMENT OFFICER FREEDOM OF IN~'ORMATION OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 south old town . northfork. net RECEIV;::O OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD ,J-; i") i 'l.r"" ! '1 t.j0! 3 April 23, 2007 S~!f{r, ~-~ Ti" '~(~<~'rk -~ PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED on April 10,2007 the proposed Local Laws entitled "A Local Law in relation to the Calculation of Lot Coveral!e of Buildable Land" and "A Local Law in relation to Amendments to the Merl!er Law". Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ,('Ijtl ~Q":#~ Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ~(4 /1,C'~~L:7: ~o/ Please print name Date: t)d~7 , / {l/uj' &,'~o' ~...~ Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFIC~;R FRE~;D()M 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 SOUTH OLD April 23, 2007 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED on April 10, 2007 the proposed Local Laws entitled "A Local Law in relation to the Calculation of Lot Coveraee of Buildable Land" and "A Local Law in relation to Amendments to the Mereer Law". Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. at.f~Q.~'" Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ~~Ocg6A) Signature, Receiv By , Lv..;/ Date: "])0,..." ~I;y S ~~ Please print name , Title: T~' CAt"rPr DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIV;::O I\Ff1. 27 2007 < ., 'd T' >'~ r',oIL >10\Hh0t \,{\le'~"'''' 1\ . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER . Town Hal!, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 south old town. northfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD April 23, 2007 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED on April 10, 2007 the proposed Local Laws entitled "A Local Law in relation to the Calculation of Lot Coverae:e of Buildable Land" and "A Local Law in relation to Amendments to the Mere:er Law". Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~:Qt~'IJ.. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department ~?t.~ Signature, Received By Sl/WD'/ A - ~rl-me'-lerL Please print name Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: ~ fp?7/o -r Title: Sovr11Ar1I'TOJJ '1;Jv/,J ~')2i.<.. DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIVeD AP,"! ? 7 2007 Sou!~,'-,id Tc.\',n Clerk . 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 southoldt~l1k.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APR 2 4 2007 April 23, 2007 Southvld 1(.\,,'11 Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED on April 10,2007 the proposed Local Laws entitled "A Local Law in relation to the Calculation of Lot Covera2e of Buildable Land" and "A Local Law in relation to Amendments to the Mer2er Law". Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~~.,;{~. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of PI arming Village of Greenport Town of Riverhead Southold Town Plarming Board Southold Town Assessors Southold Town Building Department Cf t1J.w.,() ~~ Signature, Received By A.o>>-fU1 S+tll"dt~h Please print name Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: 'i/:J4/Ql Title: Jp('JJ-klwiJ ~t.J.j.e,u- DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK . . 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 April 23, 2007 Federal Express Linda Lasch New York State Department of State State Records and Law Bureau 41 State Street Albany, NY 12231 RE: Local Law Number 10 & 11 of2007 Town of Southold, Suffolk County Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law Number 10 & II of2007 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. Thank you. Very truly yours, J~\V\~O Lynda M Bohn Southold Deputy Town Clerk Enclosures cc: Town Attorney . . NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 4] STATE STREET, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended, Do not include matter being eliminated and do not use italics or underlining to indicate new matter. CfHtRtj ~ Town of '.'illag~ SOUTHOLD LOCAL LAW NO. 11 of 2007 A Local Law entitled, "A Local Law in relation to the Calculation of Lot Coverage of Buildable Land". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to provide for the health, safety and welfare for the citizens of the Town of Southold, the Town Board finds it expedient to amend the Town Code so that the calculation of permissible lot coverage on an individual parcel shall first exclude lands that have been deemed unbuildable by our local laws from an environmental perspective. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: 9 280-4. Definitions. LOT COVERAGE - That percentage of the buildable lands existing on a lot area which is covered by the building area. BUILDABLE LANDS - The area of a lot or parcel, not including the square footage of tidal and freshwater wetlands, land seaward of the coastal erosion hazard area line, beaches, bluffs, primary dunes, secondary dunes, or underwater lands. The terms "wetlands," beaches," "bluffs," and "underwater lands" shall have the meanings set forth in Chapter 275, Wetlands and Shoreline, of the Town Code. The terms "coastal erosion hazard area line," "primary dunes" and "secondary dunes" shall have the meanings set forth in Chapter III, Coastal Erosion Hazard Area, of the Town Code. 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. (If additional space is needed, attach pages the same size as this sheet, and number each.) OOS-239(Rev.II/99) . . IV. APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law, and shall apply to all applications filed after such date. 2 . . (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) I. (Final adoption by local legislative body only.) I hereby certitY that the local law annexed hereto, designated as local law No. 11 of20 J!Z........: of the (CBlIR~ )(Ci~ )(Town) (YiIlagi) of SOUTHOLD was duly passed by the TOWN BOARD on April 10 ,20 07 , 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 certitY 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 oflaw. of20 was duly passed by the 20 _, and was (approved)(not approvedXrepassed after and was deemed duly adopted on 20 3. (Final adoption by referendum.) I hereby certitY 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 approved)(repassed after disapproval) by the on 20. Such local law was submitted to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote ofa majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20_, in accordance with the applicable provisions oflaw. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) of 20 of the of was duly passed by the on 20, and was (approvedXnot 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 oflaw. I hereby certitY that the local law annexed hereto, designated as local law No. (County)( City )(T own )(ViIlage) · 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 ofthe county legislative body, the mayor ofa 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) 3 . . S. (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 of a ml!iority 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 ofthe 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. (Seal) Clerk ofth nty legislative body. City. Town or Villag:: Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: April 20, 2007 (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 con ains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annh hereto. S' nature atricia A. Finnegan, Attorney Kieran Corcoran. ESQ.. Assistant Town Attornev Title C {HUlts ~ Town of ','i1lage Date: SOUTHOLD April 20, 2007 4 Town ~f Southold - Lettere BO.Meeting of April 10, 2007 RESOLUTION 2007-339 Item # 4 ADOPTED DOC ID: 2756 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-339 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 10,2007: WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 27th day of February, 2007 a Local Law entitled "A Local Law in relation to Amendments to the Calculation of Lot Coveral!e of Buildable Land" 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 will be given an opportunity to be heard, now therefore be it RESOLVED that the Town Board of the Town of South old determines that this Local Law is consistent with the L WRP; and further RESOLVED that the Town Board of the Town of South old hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to the Calculation of Lot Coveral!e of Buildable Land" reads as follows: LOCAL LAW NO. U 2007 A Local Law entitled, "A Local Law in relation to the Calculation of Lot Coveral!e of Buildable Land". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose -In order to provide for the health, safety and welfare for the citizens of the Town of Southold, the Town Board finds it expedient to amend the Town Code so that the calculation of permissible lot coverage on an individual parcel shall first exclude lands that have been deemed unbuildable by our local laws from an environmental perspective. Generated April II, 2007 Page 10 . Town of South old - Letter B~ Meeting of April ~ 0, 20~7 II. Chapter 280 of the Code of the Town of South old is hereby amended as follows; g 280-4. Definitions. LOT COVERAGE - That percentage of the buildable lands existing on a lot lIfell which is covered by the building area. BUILDABLE LANDS - The area of a lot or parcel. not including the square footage of tidal and freshwater wetlands. land seaward of the coastal erosion hazard area line. beaches. bluffs. primary dunes. secondary dunes. or underwater lands. The terms "wetlands." beaches." "bluffs." and "underwater lands" shall have the meanings set forth in Chapter 275. Wetlands and Shoreline. of the Town Code. The terms "coastal erosion hazard area line." "primary dunes" and "secondary dunes" shall have the meanings set forth in Chapter III. Coastal Erosion Hazard Area. of the Town Code. BUILD:\BLE LAND The Bet lifeR ef a let er pllfsel after aelilletiag wetlands, streams, paaas, sleJ'les ever 15%, lIflaef\\"ater Illfta, ellSemeats er ether restfletieas pFeveatiflg use ofsllsh Illfta for eeBstmetiea efhaileliBgs SF aevelsfJlReat. 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. APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law, and shall apply to all applications filed after such date. ~Qr~'I.l.. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [4 TO 2] MOVER: William P. Edwards, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Louisa P. Evans, Thomas H. Wickham, Daniel C. Ross, William P. Edwards NAYS: Scott Russell, Albert Krupski Jr. Generated April II, 2007 Page II . . ST ATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of South old, New York being duly sworn, says that on the.ao- day of ~ ~ ,2007, she affixed a notice of which the annexed printed notice is a true 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. Enact Calculation of Lot Coverage, 4/10/07 p~o~ izabeth A. Nevi e Southold Town Clerk LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 B06020932 Qualified in Suffolk County Term Expires March 8, 20.u.. - . . . LEGAL NOTICE NOTICE OF ENACTMENT NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to the Calculation of Lot Covera\1:e of Buildable Land" reads as follows: LOCAL LAW NO. 11 of 2007 A Local Law entitled, "A Local Law in relation to the Calculation of Lot Covera\1:e of Buildable Land". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to provide for the health, safety and welfare for the citizens of the Town of South old, the Town Board finds it expedient to amend the Town Code so that the calculation of permissible lot coverage on an individual parcel shall first exclude lands that have been deemed unbuildable by our local laws from an environmental perspective. II. follows: Chapter 280 of the Code of the Town of Southold is hereby amended as g 280-4. Definitions. LOT COVERAGE - That percentage of the buildable lands existing on a lot lIfeII which is covered by the building area. BUILDABLE LANDS - The area of a lot or parcel. not including the square footage of tidal and freshwater wetlands. land seaward of the coastal erosion hazard area line. beaches. bluffs. primary dunes. secondary dunes. or underwater lands. The terms "wetlands." beaches." "bluffs." and "underwater lands" shall have the meanings set forth in Chapter 275. Wetlands and Shoreline. of the Town Code. The terms "coastal erosion hazard area line." "primary dunes" and "secondary dunes" shall have the meanings set forth in Chapter II L Coastal Erosion Hazard Area. of the Town Code. BUILD,^.BLE L^.ND Tile Ret area ef a let er pared after deduetiRg wetlands, stfellHls, pORds, slepes ever 15%, URderwater laRd, easemeRts er sther restrietisRs pre'l8RtiRg use sf suell land fsr eeastfaetisR ef l'll1ildiags Sf develepmeRt. 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. APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law, and shall apply to all applications filed after such date. Dated: April 10, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON APRIL 19,2007 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 Town Attorney Town Board Members Town Clerk's Bulletin Board Town of Southold - Letter. Bo~eeting of April I 0, 2007 RESOLUTION 2007-339 Item # 4 ADOPTED DOC ID: 2756 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-339 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 10, 2007: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of February, 2007 a Local Law entitled "A Local Law in relation to Amendments to the Calculation of Lot Coveral!:e of Buildable Land" and WHEREAS the Town Board of the Town of South old held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefore be it RESOLVED that the Town Board of the Town of South old determines that this Local Law is consistent with the L WRP; and further RESOL YED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to the Calculation of Lot Coveral!:e of Buildable Land" reads as follows; LOCAL LAW NO. U 2007 A Local Law entitled, "A Local Law in relation to the Calculation of Lot Coveral!:e of Buildable Land". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose - In order to provide for the health, safety and welfare for the citizens of the Town of Southold, the Town Board finds it expedient to amend the Town Code so that the calculation of permissible lot coverage on an individual parcel shall first exclude lands that have been deemed unbuildable by our local laws from an environmental perspective. Generated April II, 2007 Page 10 . Town of Southold - Letter B!d Meeting of April 10, 2007 II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: ~ 280-4. Definitions. LOT COVERAGE - That percentage of the buildable lands existing on a lot area which is covered by the building area. BUILDABLE LANDS - The area of a lot or parcel. not including the SQuare footage of tidal and freshwater wetlands. land seaward of the coastal erosion hazard area line. beaches. bluffs. primary dunes. secondary dunes. or underwater lands. The terms "wetlands." beaches." "bluffs." and "underwater lands" shall have the meanings set forth in Chapter 275. Wetlands and Shoreline. of the Town Code. The terms "coastal erosion hazard area line." "primary dunes" and "secondary dunes" shall have the meanings set forth in Chapter 111. Coastal Erosion Hazard Area. of the Town Code. BUlLD:\BLE LAND The Bet area af a let ar )lareel after aealletiag wetlanas, streams, )leaas, sIapes a'ler 15%, llBaerwater laaa, easemeBts ar ather restrietiaas preveaaag ase ef slleh laFIa fer eeBStmetiea ef1:11lilaiBgs aT ae'"elapmeBt. 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. APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law, and shall apply to all applications filed after such date. ~~~.i.. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [4 TO 2] MOVER: William P. Edwards, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Louisa P. Evans, Thomas H. Wickham, Daniel C. Ross, William P. Edwards NAYS: Scott Russell, Albert Krupski Jr. Generated April 11, 2007 Page 11 . Town of Southold - Letter . J'r Board MeetinJ~f~arch 27, 2007 RESOLUTION 2007-337 ADOPTED Item # 41 DOC 10: 2754 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-337 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 27, 2007: RESOLVED that the Town Board of the Town of South old hereby finds that the proposed "A Local Law in relation to Amendments to the Calculation of Lot Coverae:e of Buildable Land" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of South old hereby establishes itself as a lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated March 27, 2007 and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith. ~~ 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 March 30, 2007 Page 64 PATRICIA A. FINNEGAN . TOWN ATTORNEY patricia.finnegan@town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us . SCOTT A. RUSSELL Supervisor KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Ms. Elizabeth A. Neville, Town Clerk APA - 2 2007 From: Lynne Krauza Secretary to the Town Attorney Southold Town Clerk Date: March 3D, 2007 Subject: Local Law/Calculation of Lot Coverage of Buildable Land Local Law/Amendments to the Merger Law For your records, attached are the original SEQR Short Environmental Assessment Forms, which have been executed by the Supervisor, in connection with the referenced matters. I am also including copies of the resolutions authorizing Scott to sign these documents. If you have any questions, please do not hesitate to call me. Thank you for your attention. Ilk Enclosures cc: Members of the Town Board (w/encls.) Patricia A. Finnegan, Esq., Town Attorney (w/encls.) . 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only . . PART I - PROJECT INFORMATION lTo be comoleted bv A oolicant or Proiect Soonsorl 1. APPLICANT/SPONSOR 2. PROJECT NAME Town of South old Town Board "A Local Law in relation to Amendments to the Merger Law" 3. PROJECT LOCATION: Municipality Town of Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 5. PROPOSED ACTION IS: D New D Expansion [Z] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Amend Chapter 280 of the Town Code of the Town of South old S 280-10. Merger 7. AMOUNT OF LAND AFFECTED: NA Initially j~i\ acres Unimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [{] Yes D No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? D Residential D Industrial D Commercial D Agriculture o ParklForesVOpen Space [{] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR UL TIMATEL Y FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? DYes [Z] No If Ves, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? o Yes [{] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes ONO I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Mark Teny, Principallja,Qner Date: 3/27/07 Signature: ,,-- )~ J ......- 7 / .Y If the aCa~s in the ~~stal Are:~ you are a state a~ency. complete the Coa I Assessm nt Form be ore proceeding with t is assessment OVER 1 - . PART.II - IMPACT ASSESSMENT T A. DOES ACTION EXCEED ANY TYPE I THRE DYes IZI No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. DYes IZI No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surlace or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: No C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: No C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: No C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: No C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: No C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: No C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: No D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? DYes [{] No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? DYes [{] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (I.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (D magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact ofthe proposed action on the environmental characteristics of the CEA. o IZI Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action Wll NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Town of Southold Town Board 3/27/07 Name of Lead Agency Date Scott Russell Supervisor e officer) - 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only . . PART I - PROJECT INFORMATION (To be completed bv A IPlicant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Town of Southold Town Board Local Law Amendments to ~ 280-4. Definitions Lot Coverage 3. PROJECT LOCATION: Municipality Town of South old County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 11971 5. PROPOSED ACTION IS: D New o Expansion [{] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Amend Town of Southold Town Code Chapter ~ 280-4. Definitions. LOT COVERAGE: Add definition of BUILDABLE LANDS 7. AMOUNTr-Pl LAND AFFECTED: Ultimately NA acres Initially acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [{] Yes DNa If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? o Residential D Industrial D Commercial o Agriculture D Park/ForesVOpen Space [{] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? DYes [ZJ No If Yes, list agency(s) name and permitfapprovals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes [Z]NO If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes DNa I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Mark Teny Date: 3/27/07 Signature: ~ J ~ /'" ,,- /' /'\ If the:= is in thetCoastal Ar~ you are a state a~ency, complete the C stal Assessment Form e ore proceeding with t is assessment / OVER 1 - , . PAR.T II - IMPACT ASSESSMENT T A. DOES ACTION EXCEED ANY TYPE I THRES DYes IZI No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. DYes IZI No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: No C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: No C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: No C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: No C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: No C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: NO C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: NO D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? DYes [{] No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? DYes 0 No If Yes, explain briefly: PART III . DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant Each effect should be assessed in connection with its (a) setting (I.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (I) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact ofthe proposed action on the environmental characteristics of the CEA D [(] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WIL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Town of Southold Town Board 3/27/07 Name of Lead Agency Scott Russell, Superviso Print or Type Na Date Supervisor Si Title of Responsible Officer officer) I . ~. .. OFFICE WCAll0N: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAIliNG ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Scott Russell, Supervisor Town of Southold Town Board ~ From: Mark Terry, Principal Planner L WRP Coordinator Date: March 27, 2007 Re: A Local Law in relation to Amendments to the Calculation of Lot Coveraee of Buildable Land The proposed above local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of South old Town Code and the Local Waterfront Revitalization Program (L WRP) Policy Standards. Based upon the information provided on the L WRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my determination that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency ofthe proposed action. Cc: Kieran Corcoran, Assistant Town Attorney ') I ';,"',"",7 ;..... I LVJI I KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND t PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) South old, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott Russell, Supervisor Members of the Town Board From: Jerilyn B. Woodhouse, Chairperson Members of the Planning Board Date: March 27, 2007 Re: "A Local Law in relation to the Calculation of Lot Coverage of Buildable Land" The Planning Board has reviewed the above-referenced local law and supports the proposed change to the definition oflot coverage, which is now defined as the percentage of the buildable lands existing on a lot which is covered by the building area. In addition, this local law will add the definition of "buildable lands" into the Zoning Code. The Board supports the Local Law and finds that these changes will allow for the construction of residential buildings that are appropriately scaled relative to the size of the buildable area of a parcel. In addition, these changes to the Zoning Code are consistent with the subdivision regulations. Please advise if you have any question or need additional information. S:\Planning\2006\memosltown board 12.0S.06.doc . . MEMORANDUM To: Scott Russell, Supervisor Members of the Town Board From: Jerilyn B. Woodhouse, Chairperson Members of the Planning Board Date: March 23, 2007 Re: "A Local Law in relation to the Calculation of Lot Coverage of Buildable Land" The Planning Board has reviewed the above-referenced local law and supports the proposed change to the definition of lot coverage, which is now defined as the percentage of the buildable lands existing on a lot which is covered by the building area. In addition, this local law will add the definition of "buildable lands" into the Zoning Code. The Board supports the Local Law and finds that these changes will allow for the construction of residential buildings that are appropriately scaled relative to the size of the build able area of a parcel. In addition, these changes to the Zoning Code are consistent with the subdivision regulations. Please advise if you have any question or need additional information. S:\Planning\2006\memos\town board 12.05.06.doc . . COUNTY OF SUFFOLK 713 IT/} 8 Rt:.- PI! yr;s- 3;6 7;0 7 STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES, AICP DIRECTOR OF PLANNING March 14,2007 RECEIV;:;O Ms. Elizabeth Neville, Town Clerk Town of Southold Planning Bd. 53095 Main Road - P.O. Box 1179 Southold, NY 11971 MAR 2 2 2007 Applicant: Town of South old SouHlvid fL\';" Cler. Zoning Action: Amendment to Section 280-10 "Merger"; Section 280-4 "Definitions, Lot Coverage: Buildable Land" Public Hearing Date: 3/27/07 S.C.P.D. File No.: SD-07-02 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 significant 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:\CCHORNY\ZONINGIZONING\WORKING\LD200S\MAY\BRQ4-105.APR LOCATION H. LEE DENNISON BLDG. - 4TH flOOR 100 VETERANS MEMORIAL HIGHWAY . MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE. NY 11788-0099 . (631)853-5190 TELECOPIER (6311 853-4044 . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER .' Tow,n Hall, 53095 Main Road P.O. Box 1179 I C': Southold, New York 11971 "i - f.. 'lFax (631) 765-6145 Telephone (631) 765-1800 sou tholdtown. north fork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 8, 2007 PLEASE TAKE NOTICE that the Town Board of the Town of South old will hold public hearings on March 27, 2007 on the proposed Local Laws entitled "A Local Law in relation to Amendments to the Merl!:er Law" at 4:45 P.M. and "A Local Law in relation to the Calculation of Lot Coveral!e of Buldable Land" at 4:50 P.M.. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~~Q-.t~> Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals s;~~(~ ~~~a- Please prmt name 3/13/07 . f ~.,.J.. fI,.~,,~ . Date: Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK .\ .1 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 1197I F"" Ul!i!J) fljlj5ft! 145 Telepho~'; (631) 7'~J!l00 southoldtown. northfo~,il~t ~:::,' \ ,. OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD March 8, 2007 ........, PLEASE TAKE NOTICE that the Town Board of the Town of South old will hold public hearings on March 27, 2007 on the proposed Local Laws entitled "A Local Law in relation to Amendments to the Merl!er Law" at 4:45 P.M. and "A Local Law in relation to the Calculation of Lot Coveral!e of Buldable Land" at 4:50 P.M.. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~-f4.7.~ t'IL. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ~.I\.n. V\~- - Signature, Received By Date: ~/I~ }n1 Sn(,Q v1q\\('\cJ( _ Please print name Title~,~,-,J'~ C\~ 1'1/""'" .. & '- DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIVED MAR 1 2 2007 Southolrl Town Cler1 L ef ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER el 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 March 8, 2007 PLEASE TAKE NOTICE that the Town Board of the Town of South old will hold public hearings on March 27, 2007 on the proposed Local Laws entitled "A Local Law in relation to Amendments to the Mere:er Law" at 4:45 P.M. and "A Local Law in relation to the Calculation of Lot Coverae:e of Buldable Land" at 4:50 P .M.. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department - uti. PM. Sign e, Received By' ~ --1'De \ i:ssA- A. ~ 15 L\eY'e.... Please print name nlj_I~~~~. Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date:~qID1 Title: ~ "TfuYl Q~ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK R.ECEIVED ~f ,1, U 11"n,'1 ~QU:' ( I C,,,! lei. .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 southoldtown .northfork. net RECEIVi:D OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 8, 2007 MA? 9 2007 SCU'~'"'~ 'P, '''n C' ._ ....... '~I 11.,.., H ~er" PLEASE TAKE NOTICE that the Town Board of the Town of South old will hold public hearings on March 27, 2007 on the proposed Local Laws entitled "A Local Law in relation to Amendments to the Mereer Law" at 4:45 P.M. and "A Local Law in relation to the Calculation of Lot Coveraee of Buldable Land" at 4:50 P .M.. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~Q~'/~. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department l~l1~t~,J~ Signature, Received By . /-, lUnA. J2A.JJT;;OLPr! Please print name Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: -3 IS 10 7 Title&rc~ Jss/Slacd;- DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK . . 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 .northfor k. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 8, 2007 RECEIVi:O MAR 9 2007 Souil,,,id T"\'.I! Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold public hearings on March 27, 2007 on the proposed Local Laws entitled "A Local Law in relation to Amendments to the Mereer Law" at 4:45 P.M. and "A Local Law in relation to the Calculation of Lot Coveraee of Buldable Land" at 4:50 P .M.. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ..rr;-~~~~~. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Souiliold Town Assessors Souiliold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signat eceived By ~ Date: ~/1&(') 7 ( Title: Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK el e) ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hal!, 53095 Main Road P.O. Box 11 79 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfork. net RECEIV;:O OFFICE OF THE TOWN CLERK Iv1AR - 9 , TOWN OF SOUTH OLD March 8, 2007 MAR 2 0 2007 I ~ i ...--..-j Souliluid TC,ViR Clerk PLEASE TAKE NOTICE that the Town Board of the Town of South old will hold public hearings on March 27, 2007 on the proposed Local Laws entitled "A Local Law in relation to Amendments to the Merl!er Law" at 4:45 P.M. and "A Local Law in relation to the Calculation of Lot Coveral!e of Buldable Land" at 4:50 P .M.. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~~...I~~-':.(~. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ~;L2J//~ Signature, Reeei~//-e..r M;~Ae.t. 7: fLriy Please print name Date: 03~~~7 I ' b~ ~..~,~.. ~_ Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK . . 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 March 8, 2007 PLEASE TAKE NOTICE that the Town Board of the Town of South old will hold public hearings on March 27, 2007 on the proposed Local Laws entitled "A Local Law in relation to Amendments to the Merl!er Law" at 4:45 P.M. and "A Local Law in relation to the Calculation of Lot Coveral!e of Buldable Land" at 4:50 P.M.. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. IiJ.L.,aQ~fL. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date:~}ql C) 1 Title: ~ M1M1Ct ~ ! Signatu ,Received By m;t./letl e, c5::>ht41t~ Plea~e print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK . . 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 March 8, 2007 PLEASE TAKE NOTICE that the Town Board of the Town of South old will hold public hearings on March 27, 2007 on the proposed Local Laws entitled "A Local Law in relation to Amendments to the Mere:er Law" at 4:45 P.M. and "A Local Law in relation to the Calculation of Lot Coverae:e of Buldable Land" at 4:50 P.M.. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~~-IIIt2'Q-i'L.. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board SouthoId Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees SouthoId Town Board of Appeals Signat~/l'-' Date: ~ /)o.ro ~ S ~~ Please print nlune Title: LuJi Th-r, ~___ !. DUPLICATE TO BE SIGNED AND RETURNED m.. SOUTHOLD TOWN CLERK . . 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 (63ll 765-1800 southoldtown.northfork. net . OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD ~ March 8, 2007 PLEASE TAKE NOTICE that the Town Board of the Town of South old will hold public hearings on March 27, 2007 on the proposed Local Laws entitled "A Local Law in relation to Amendments to the Mere:er Law" at 4:45 P.M, and "A Local Law in relation to the Calculation of Lot Coverae:e of Buldable Land" at 4:50 P .M.. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope, Thank you. ~~~--'~. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department 'I Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals n" Sign lure, Received By ~e \ i 5Sft- A. ~ 15 L\ere.., Please print name Date: 3 /q ID1 Title:~ 3fuY\CIerl\ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIVED '0 'J: (, I ,': lei. . . 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 March 8, 2007 RECEIVtD MAR 1 2 2007 Soulhold Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of South old will hold public hearings on March 27, 2007 on the proposed Local Laws entitled "A Local Law in relation to Amendments to the Mel'2er Law" at 4:45 P.M. and "A Local Law in relation to the Calculation of Lot Coveral!:e of Buldable Land" at 4:50 P .M.. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. '. t Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department lIi.L4!7.~-.J~. Elizabeth A. Neville Town Clerk MAR - 9 ('C'el Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals rV~.uA"n ~~l.,^' ~ Received By f.o UfOn .s.klrd! is h Please print name Date: ...3//~/~ 7 Title: jlru-ltL1'ftJ ~U- DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK . Ie, . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER RECEIVED . Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net MAR 1 2 2007 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 8, 2007 Soufhold 10\Yo CIeri MAR - 9 2007 r I I i _.J PLEASE TAKE NOTICE that the Town Board of the Town of South old will hold public hearings on March 27, 2007 on the proposed Local Laws entitled "A Local Law in relation to Amendments to the Mereer Law" at 4:45 P.M. and "A Local Law in relation to the Calculation of Lot Coveraee of Buldable Land" at 4:50 P.M.. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. "Ij,.I~Q~L. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department oI~J~q , Signatu , Received By ?l'5fJ Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees / Southold Town Board of Appeals v-' /I()~. f Date: .3/ r/tJ 7 Title: Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTH OLD TOWN CLERK , . . 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 March 6, 2007 Re: Resolution No.'s 244 & 249 regarding proposed Local Law in relation to "Calculation of Lot Coverage of Buildable Land" of the Code of the Town of Southold Thomas Isles, Director 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 March 6, 2007 adopted the above resolutions. Certified copies of same are enclosed. Please prepare an official report defining the Planning Department's recommendations 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 the public hearing is 4:50 PM, Tuesday, March 27, 2007. Should you have any questions, please do not hesitate to contact me. Thank you. li3i;:;o.~ Eliza eth A. Neville Southold Town Clerk Enclosures (2) cc: Town Board Town Attorney . . Town of Southold - Letter Board Meeting of February 27, 2007 RESOLUTION 2007-244 ADOPTED Item # 40 DOC ID: 2671 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-244 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 27, 2007: WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 27th day of February, 2007 a Local Law entitled "A Local Law in relation to Amendments to the Calculation of Lot Coveral!e of Buildable Land" 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 27th day of March, 2007 at 4:50 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 the Calculation of Lot Coverae:e of Buildable Land" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to the Calculation of Lot Coverae:e of Buildable Land". BE IT ENACTED by the Town Board of the Town of South old as follows: V. Purpose - In order to provide for the health, safety and welfare for the citizens of the Town of Southold, the Town Board finds it expedient to amend the Town Code so that the calculation of permissible lot coverage on an individual parcel shall first exclude lands that have been deemed unbuildable by our local laws from an environmental perspective. VI. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: Generated March I, 2007 Page 57 Town of South old - Lette~ Board feting of February 27, 2007 ~ 280-4. Definitions. LOT COVERAGE - That percentage of the buildable lands existing on a lot _ which is covered by the building area. BUILDABLE LANDS - The area of a lot or oarcel. not including the sauare footage of tidal and freshwater wetlands. land seaward of the coastal erosion hazard area line. beaches. bluffs. orimary dunes. secondary dunes. or underwater lands. The terms "wetlands." beaches." "bluffs." and "underwater lands" shall have the meanings set forth in Chaoter 275. Wetlands and Shoreline. of the Town Code. The terms "coastal erosion hazard area line." "orimary dunes" and "secondary dunes" shall have the meanings set forth in Chaoter III. Coastal Erosion Hazard Area. of the Town Code. BUILD.\BLE L\}/D The Ret area ef a let er p8feel after deduetiag wetlantla, stfeams, peRds, elapee eyer 1$%, uatlefVlater laRd, BlIlleftll.lms er etfter fBatfietiens PfB'leatiag lISe ef sueli land fer eenstf\ietieR eflllHIEiinga er sB'lelellftlellt. VII. 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. APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. ~~-it" Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated March I, 2007 Page 58 . . Town of Southold - Letter Board Meeting of February 27,2007 RESOLUTION 2007-249 ADOPTED Item # 45 DOC ID: 2669 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-249 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 27, 2007: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the proposed Local Law in relation to lot covera!!e of buildable area. to the Southold Town Plannm!! Board and the Suffolk County Plannin!! Commission for comments and recommendations. ~Qi~. 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 March I, 2007 Page 63 . Town of South old - Letter . LL- Board Meeting of February 27,2007 RESOLUTION 2007-249 ADOPTED Item # 45 DOC ID: 2669 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-249 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 27, 2007: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the proposed Local Law in relation to lot coveral!:e of buildable area. to the Southold Town Planninl!: Board and the Suffolk County Planninl!: Commission for comments and recommendations. ~Q_;'J.. 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 March I, 2007 Page 63 . , . . 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 March 6, 2007 Re: Resolution No.'s 244 & 249 regarding proposed Local Law in relation to "Calculation of Lot Coverage of Buildable Land" of the Code of the Town of South old Jerilyn B. Woodhouse, Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Ms. Woodhouse: The Southold Town Board at their regular meeting held on March 6, 2007 adopted the above resolutions. Certified copies of same are enclosed. Please prepare an official report defining the Planning Board's recommendations 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 Planning Department for their review. The date and time for the public hearing is 4:50 PM, Tuesday, March 27, 2007. Should you have any questions, please do not hesitate to contact me. Thank you. Enclosures (2) cc: Town Board Town Attorney .. . . Town of South old - Letter Board Meeting of February 27, 2007 RESOLUTION 2007-242 ADOPTED Item # 38 DOC ID: 2667 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-242 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 27, 2007: WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 27th day of February, 2007, a Local Law entitled "A Local Law in relation to Amendments to the Mel'1!:er Law" 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 27th day of March, 2007 at 4:45 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 Amendments to the Merl!er Law" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Amendments to the Merl!er Law" . BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose - The Town Board has received substantial public comment to the effect that the Town of Southold merger law, as currently constituted, unfairly subjects surviving spouses and other joint owners of property to the loss of the single and separate status of their adjoining properties merely by the death of one such joint owner. Insamuch as the Town Board believes this result is unjust and not the intended consequence of the merger law, it believes it necessary to provide for a limited exception to the merger of such properties. Generated March I, 2007 Page 53 ." . Town of Southold - Letter . Board Meeting of February 27, 2007 ~i II. follows: Chapter 280 of the Town Code of the Town of South old is hereby amended as ~ 280-10.__ A. _. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of 50 feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. B. Definitions. "Common ownership" shall mean that the parcel is held by the same person in the same percentage of ownership as an adjoining parcel. C. Exceptions. Lots which are recognized under ~ 280-9 and meet any of the following categories shall be exempt from the _ provision set forth above and shall not be deemed merged by operation of this chapter: (1) The nonconforming lot has a minimum size of 40,000 square feet, or (2) The nonconforming lot obtained a lot size variance from the Zoning Board, or (3) If the lot is not on the maps described in former ~ 100-12, Editor's Note: Former ~ 100- 12, Exceptions, was repealed 11-28-1995 by 1.1. No. 23-1995, effective January 1, 1996. the nonconforming lot has been held in single and separate ownership from July 1, 1983 to date, or (4) If the lot is on the maps described in former ~ 100-12, the nonconforming lot has been held in single and separate ownership from January 1, 1997, to date, (Amended 3-4- 1997 by L.L. No. 4-1997] or, (5) Each lot is currently developed with a one-family dwelling with a minimum 850 square feet which falls within the existing lot lines and which has a certificate of occupancy or would qualify for one, (Added 3-4-1997 by L.L. No. 4-1997) or, ill The lots would be considered merged merelv bv ooeration onaw as a result of the death of a co-owner of one or more of the adioining lots. the lots are greater than 20,000 square feet. and the lots remain in the ownershio ofthe surviving co-owner. 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. Generated March 1, 2007 Page 54 .. . . I Town of South old - Letter Board Meeting of February 27, 2007 IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. ~~.;u.. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Daniel C. Ross, Councilman AYES: Evans, Wickham, Ross, Edwards, Russeil, Krupski Jr. Generated March 1, 2007 Page 55 , . . Town of Southold - Letter Board Meeting of February 27, 2007 RESOLUTION 2007-243 ADOPTED Item # 39 DOC 10: 2670 TffiS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-243 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 27, 2007: RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Merl!:er Law" to the SouthoId Town PIanninl!: Board and the Suffolk Countv Department of Planninl!: for their recommendations and reports. ~Q :iA. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated March I, 2007 Page 56 #8262 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 we,kl'}, ,"=",,,Iy, ,~m,ociog 00 th, 8th day of k7. uuteo ( ~C/ Principal Clerk Sworn to before rne this 2007 Cf daYOf~.m~ r I, L~\ 0 Lt.lUYt-\;{ L{Hkl~T1iiA'v6tmSRI NOTARY PUBLIC-STATE OF NEW YORK No.Ol-V06105050 Quollfled In Sullolk Counly CommissIon Expires February 28. 2008 :r LEGAL NOTICE NOTICE OF PUBUC HEARING WIIEUAS, there bas been present- ed to the Town Board of the Town of Southold, Suffolk: County, New York, on the 27th day of February, 2007 a Local Law entitled ".4. .......1 Law _ relation to A.mend....nu to the C"eu.Iation of Lot Cove"'ee of BIR"ldAhIe , and .. now, therefore, be it 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 27th day of Mardi, 2007 at 4:SO 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 rellltiOD to 4.mendment5 to the Calculatinn of Lot Coveralre of Buildable Land " reads as follows: LOCAl. LAW Nn:z007 A Local Law entitled, ".4. 11W'tI1,..aw in re.noD to A.mendm..... to the {'...I. culation of fAit Coverape of Buildable ~. BE IT ENACTED by the Town Board of the Town of Southold as fol- lows: I. Purpose - In order to provide for the health, safety and welfare for the citizens of the Town of Southold, the Town Board finds it expedient to amend the Town Code so that the calculation of permissible lot coverage on an indi- vidual parcel shall first exclude lands that have been deemed unbuildable by our local laws from an environmental perspective. Chapter 280 of the Code of the Town of Southold is hereby amended as fol- lows: ~ 280-4. Definitions. illT COVERAGE ~ That percent- age of the buildahle lands existing on a lot area which is covered by the build- ing area. m TIT DAB! ,F LANDS _ The area of a lot or narcel not inclndim' the square footage of tidal and freshwater wetlands land seaward of the coastal erosion ha7.ard area line beaches. hblffs primarv dunes secondarv dunes or un- derwater lands. The terms "wetlands" beaches." "hluffs" and "underwater lands" shall have the meaninlls!let forth in Chapter 275 Wetlands and Shoreline of the Town ('.ode. The terms "coa"tal erosion ha7.ard area line" "nrimarv dunes" and "secondarv dunes" shall have the meanings set forth in Chanter 111 Coastal Erosion Hazard Area of the Town Code BUILDABLC L\1JD Th..: ~~llU~" of ll. lot ~. ...u.wl a.ft..:. <i...J..",t:uE> i.d t.ud;" ~t.~..u.", p~ud::., ~I~l-''''~ 6.~~ 15111), I1ndGL..at",. h....d, GAJCu."'dll" ~. OtiK~ lcl1t1kti~Iil1...........ul;"E> ~ <')f .'lueh llu...i iv. ~cu~t...~l;~.. ~c. b..;M:..e.~ ~. d.:-.d - 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 I 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. APPLICABILITY AND EFFECTIVE DATE This LoCal Law shall take effect im- mediately upon filing with the Secretary of State as provided by law. Dated: February 8,2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 8262-1 T 3/8 . LEGAL NOTICE . NOTICE OF PUBLIC HEARING WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of February, 2007 a Local Law entitled "A Local Law in relation to Amendments to the Calculation of Lot Coverae:e of Buildable Land" 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 27th day of March, 2007 at 4:50 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 the Calculation of Lot Coverae:e of Buildable Land" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to the Calculation of Lot Coverae:e of Buildable Land". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose - In order to provide for the health, safety and welfare for the citizens of the Town of South old, the Town Board finds it expedient to amend the Town Code so that the calculation of permissible lot coverage on an individual parcel shall first exclude lands that have been deemed unbuildable by our local laws from an environmental perspective. II. follows: Chapter 280 of the Code ofthe Town of Southold is hereby amended as S 280-4. Definitions. LOT COVERAGE - That percentage of the buildable lands existing on a lot area which is covered by the building area. BUILDABLE LANDS - The area of a lot or parcel. not including the square footage of tidal and freshwater wetlands, land seaward of the coastal erosion hazard area line, beaches. bluffs, primarv dunes. secondary dunes. or underwater lands. The terms "wetlands." beaches." "bluffs." and "underwater lands" shall have the meanings set forth in Chapter 275, Wetlands and Shoreline. of the Town Code. The terms "coastal erosion hazard area line." "primary dunes" and "secondary dunes" shall have the meanings set forth in Chapter II I. Coastal Erosion Hazard Area, of the Town Code. BUILD.\BLE L^.ND The net area of a let or jlarcel after deducting wetlands, streams, jlonds, slsjles ever 15%, lHlaerwater land, easemeftts or ether restrictions jlreveftting use of stich land fer constructien of IlllilElings er de'ielejlment. 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 lIas a whole or any part thereof other th.he part so decided to be unconstitutional or invalid. IV. APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: February 8, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON MARCH 8.2007. AND FORWARD ONE (I ) AFFIDAVIT OF PUBLICA nON TO ELIZABETH NEVILLE. TOWN CLERK. TOWN HALL. P.O. BOX I 179. SOUTHOLD. NY 11971. Copies to the following: The Suffolk Times Town Board Members TC's Bulletin Board Planning Board ZBA Trustees Town Attorney Building Department Police Department . . STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of South old, New York being duly sworn, says that on the 1 T1-I day of 1'"I)a.. t. , 2007, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. PH 3/27/07 4:50 pm ~~o Q;NJL& lizabeth A. NevI Ie Southold Town Clerk Sw~ before me this ~dayof lib .t. ,2007. .~~'YV\~ otary PublIc LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 B06020932 Qualified in Suffolk Cou~ Term Expires March 8, 20ez. , . Town of Southold - Letter Board _ting of February 27, 2007 RESOLUTION 2007-244 ADOPTED Item # 40 DOC ID: 2671 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-244 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 27, 2007: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of February, 2007 a Local Law entitled "A Local Law in relation to Amendments to the Calculation of Lot Coveral!:e of Buildable Land" 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 27th day of March, 2007 at 4:50 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 the Calculation of Lot Coveral!:e of Buildable Land" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to the Calculation of Lot Coveral!:e of Buildable Land". BE IT ENACTED by the Town Board of the Town of Southold as follows: V. Purpose - In order to provide for the health, safety and welfare for the citizens of the Town of Southold, the Town Board finds it expedient to amend the Town Code so that the calculation of permissible lot coverage on an individual parcel shall first exclude lands that have been deemed unbuildable by our local laws from an environmental perspective. VI. Chapter 280 of the Code of the Town of South old is hereby amended as follows: Generated March I, 2007 Page 57 . Town of Southold - Letter Board .ting of February 27, 2007 S 280-4. Definitions. LOT COVERAGE - That percentage of the buildable lands existing on a lot lIfeII which is covered by the building area. BUILDABLE LANDS - The area of a lot or parcel. not including the square footage of tidal and freshwater wetlands, land seaward of the coastal erosion hazard area line, beaches, bluffs, primarv dunes, secondary dunes, or underwater lands. The terms "wetlands," beaches," "bluffs," and "underwater lands" shall have the meanings set forth in Chapter 275, Wetlands and Shoreline, of the Town Code. The terms "coastal erosion hazard area line," "primarv dunes" and "secondary dunes" shall have the meanings set forth in Chapter III, Coastal Erosion Hazard Area, ofthe Town Code. BUILD,^.BLE L'\ND The aet area of a let or flareel after aeallctiag wetlands, streams, fleads, slsfles O'ler 15%, lIRderwater lana, easements er ether restrictioas flreveatiag lIse sf sllchlana for ceastructiea ef BlIildiags or de'ieloflment. VII. 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. APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. ~-/~~-,:lj... Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated March I, 2007 Page 58 ~. . LEGAL NOTICE . NOTICE OF PUBLIC HEARING WHEREAS, there has been presented to the Town Board ofthe Town of Southold, Suffolk County, New York, on the 27th day of February, 2007 a Local Law entitled "A Local Law in relation to Amendments to the Calculation of Lot Coveral!e of Buildable Land" 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 2ih day of March, 2007 at 4:50 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 the Calculation of Lot Coveral!e of Buildable Land" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to the Calculation of Lot Coveral!e of Buildable Land". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose - In order to provide for the health, safety and welfare for the citizens of the Town of Southold, the Town Board finds it expedient to amend the Town Code so that the calculation of permissible lot coverage on an individual parcel shall first exclude lands that have been deemed unbuildable by our local laws from an environmental perspective. II. follows: Chapter 280 of the Code of the Town of Southold is hereby amended as S 280-4. Definitions. LOT COVERAGE - That percentage of the buildable lands existing on a lot area which is covered by the building area. BUILDABLE LANDS - The area of a lot or parcel. not including the square footage of tidal and freshwater wetlands. land seaward of the coastal erosion hazard area line. beaches. bluffs. primarv dunes. secondary dunes. or underwater lands. The terms "wetlands." beaches." "bluffs." and "underwater lands" shall have the meanings set forth in Chapter 275. Wetlands and Shoreline. of the Town Code. The terms "coastal erosion hazard area line:' "primary dunes" and "secondary dunes" shall have the meanings set forth in Chapter Ill. Coastal Erosion Hazard Area. ofthe Town Code. BUILD.^.BLE L\ND The net area ef a let sr j3areel after dedlleting wetlands, streams, j3ends, slej3es ever 15%, ooderwater land, easements er ether restrietiens j3reventing HDe ef sHeh land for eonstruetien of Bllilaings or develoj3ment. 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 I. as a whole or any part thereof other th.the part so decided to be unconstitutional or invalid. IV. APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: February 8, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON MARCH 8. 2007. AND FORWARD ONE (I ) AFFIDAVIT OF PUBLICA nON TO ELIZABETH NEVILLE. TOWN CLERK. TOWN HALL. P.O. BOX 1179. SOUTHOLD. NY 11971. Copies to the following: The Suffolk Times Town Board Members TC's Bulletin Board Planning Board ZBA Trustees Town Attorney Building Department Police Department . . STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk ofthe Town of South old, New York being duly sworn, says that on the ~,Q, day of J1j~ ,2007, she affixed a notice of which the annexed printed notice is a true 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. LL Lot Coverage 3/27/07 4:50 pm ~o,QrIJj~ lizabeth A. Ne iIle Southold Town Clerk Sworn before me this Adayof_~ ,2007. ~~~r:JL tary Public LVNDA M. BOHN NOTARY PUBUC, State of New Vorl( No. 01806020932 Qualified In Suffolk County Term Expires March 8, 2O.u.. .. . RESOLUTION 2007-244 ADOPTED . DOC ID: 2671 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-244 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 27, 2007: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of February, 2007 a Local Law entitled "A Local Law in relation to Amendments to the Calculation of Lot Covera2e of Buildable Land" 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 27th day of March, 2007 at 4:50 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 the Calculation of Lot Covera2e of Buildable Land" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to the Calculation of Lot Covera2e of Buildable Land". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose - In order to provide for the health, safety and welfare for the citizens of the Town of South old, the Town Board finds it expedient to amend the Town Code so that the calculation of permissible lot coverage on an individual parcel shall first exclude lands that have been deemed unbuildable by our local laws from an environmental perspective. II. Chapter 280 ofthe Code ofthe Town of Southold is hereby amended as follows: S 280-4. Definitions. ~esolution 2007-244 . Board ating of February 27,2007 LOT COVERAGE - That percentage of the buildable lands existing on a lot lIfea which is covered by the building area. BUILDABLE LANDS - The area of a lot or parcel. not including the square footage of tidal and freshwater wetlands. land seaward of the coastal erosion hazard area line. beaches. bluffs. primary dunes. secondary dunes. or underwater lands. The terms "wetlands." beaches." "bluffs." and "underwater lands" shall have the meanings set forth in Chapter 275. Wetlands and Shoreline. of the Town Code. The terms "coastal erosion hazard area line." "primary dunes" and "secondary dunes" shall have the meanings set forth in Chapter 11 L Coastal Erosion Hazard Area. of the Town Code. BUILD.^.BLE LF.ND The net area of a lot Br )3aresl after dsdlleting wetlBFlds, streams, )3Bnds, slo)3es oyer 15%, llnderwater land, eaGemeats or other restfietions )3reveating llse of sllellland fer eonstFlletioa oflJllildings or deveIB)3meat. 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. APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. ~Qc~'1~>u Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Updated: 2/28/2007 9:52 AM by Lynda Bohn Page 2