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HomeMy WebLinkAboutSite Plan & Conditions compliance - Planning & ZBA 2006Statement COUNCILMAN WICKHAM: Scott, the next one is one that we were talking about holding the hearing. SUPERVISOR RUSSELL: I will just clarify. This was another element of a code enforcement issue and this is to require or to give the Town code teeth for ZBA decision compliance and site plan compliance. The problem with this particular law is it has been reviewed by the Planning Board and others and it is actually probably although it may be a good effort, it needs a lot of fine tuning. So we were going to table this, so if you were here to address this, it is just to let you know, we plan on tabling it, not acting on it. It will be substantially revised with input from the ZBA and the Planning Boards, the very two Boards we are trying to help with compliance. But clearly, it needs much more of their input before we are ready to act on anything. COUNCILMAN WICKHAM: So in view of that, we will not hold this public hearing. SUPERVISOR RUSSELL: No, we are going to table that. Page 82 November 21, 2006 Town of Southold Board Meeting Minutes Set November 21, 2006, 5:10 Pm, Southold Town Hall As the Time and Place for a Public Hearing on a Local Law Entitled, 'A Local Law In Relation to Compliance with Site Plan and Conditions Imposed by the Planning Board And/Or Zoning Board of Appeals In Section 280 of the Southold Town Code" RESULT: CLOSED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. To~ Scott Russell, Supervisor Members of the Town Board From: Jerilyn Woodhouse, Chair Members of the Planning Board Re~ "A Local Law in the relation to compliance with site plan and conditions imposed by the Planning Board and/or Zoning Board of Appeals in Section 280 of the Southold Town Code" Date: November 16, 2006 The Town Board has set a public heating on November 21st, 2006 for "A Local Law in the relation to compliance with site plan and conditions imposed by the Planning Board and/or Zoning Board of Appeals in Section 280 of the Southold Town Code" (attached). The Planning Board has several concerns with how the law would affect the site plan process. The Planning Board commends that Town Board in addressing this problematic issue. However, the local law, as proposed, raises the following concerns: The proposed amendment 280-132 item (1) is too restrictive and will remove Planning Board discretion to react to the needs of applicants and offer and/or negotiate resolutions in the site plan review process. As you are aware, construction of a site is often controlled by seasons, finances, and unforeseen circumstances which result in build out and operational delays. The delays often force an applicant to seek a Letter of Satisfaction prior to full compliance with an approved site plan. The letter is necessary to obtain a Certificate of Occupancy (CO) from the Building Department. In the past the Planning Board has issued conditional Letters of Satisfaction on site plans in response to an applicant needs and the nature (safety vs. non safety items) of the incomplete work. The proposed amendment would remove the discretion to issue such an approval. As discussed in the past, it is strongly recommended that the Town Board authorize the issuance of a temporary or conditional CO based upon a conditional Letter of Satisfaction issued by the Planning Board. A temporary or conditional CO could not be issued, however, if the build out of safety elements have not been completed. To insure that the conditions will be completed in a timely manner, the Town Attorney presented the idea of securing such a CO with a letter of credit for incomplete items. The Planning Board strongly agrees with this direction. 2. The proposed amendment 280-132 item (2) needs to be clarified. The Planning Board does not have the ability to grant occupancy or use. The Planning Board requests that the proposed local law amendment be rescinded from the Town Board Agenda to allow time to draft an alternative. Eric. Patricia Finnegan, Town Attorney Kieran Corcoran, Assistant Tow Attorney Mike Verity, Chief Building Inspector Bruno Semon, Senior Site Plan Reviewer I coUNTY OF SUFFOLK DEPARTMENT OF PLANNING STEVE LEVY SUFFOLK COUNTY EXECUTIVE November 8, 2006 THOMAS ISLES, AICP DIRECTOR OF PLANlqllqG Ms. Elizabeth Neville, Town Clerk Town of Southold Planning Bd. 53095 Main Road - P.O. Box 1179 Southold, NY 11971 RECEIVED Applicant: Town of Southold Zoning Action: Amendment "Compliance with site plan conditions imposed by Planning Board and Zoning Board" Sections 280-132, 280-147 & 280-155 Public Hearing Date: 11/21/06 S.C.P.D. File No.: SD-06-06 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 of local determination should not be construed as either an approval or disapproval. Very truly yours, Thomas Isles, AICP ~ "~ndr~'w P. Frel~ng, XAICP o,- Chief Planner APF:cc G:\CCHO RNY~ZO NING~ZO NING\WORKIN G\LD2005\MA~BR04-105.APR LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5190 I00 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 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 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 24, 2006 Re: Resolution No.'s 801, 832, & 833 regarding proposed Local Laws in relation to "Size, Height and Setbacks for Accessory Buildings" "Amendments to Penalties" "Amendments to compliance to site plan conditions" of the Code of the Town of Southold Thomas Isles, Director of Planning Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Isles: The Southold Town Board at their regular meetings held on October 3, & 17, 2006 adopted the above resolutions. Certified copies of same are enclosed. Please prepare official reports defining the Planning Commissions recommendations with regard to these proposed local laws and forward them to me at your earliest convenience. These proposed local law have also been sent to the Southold Town Planning Board for their review. The date and time for the public heatings is 5:00PM, 5:05 PM, & 5:10 PM Tuesday, November, 2006. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Southold Town Clerk Enclosures, (3) cc: Town Board Town Attomey 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 October 24, 2006 Re: Resolution No.'s 801,832, & 833 regarding proposed Local Laws in relation to: "Size, Height and Setbacks for Accessory Buildings" "Amendments to Penalties" "Amendments "Compliance to site plans conditions" of the Code of the Town of Southold Jeri Woodhouse, Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Ms. Woodhouse: The Southold Town Board at their regular meetings held on October 3, & 17, 2006 adopted the above resolutions. Certified copies of same are enclosed. Please prepare official reports defining the Planning Board's recommendations with regard to these proposed local laws and forward them to me at your earliest convenience. These proposed local laws have also been sent to the Suffolk County Planning Department for their review. The date and time for the public heatings is 5:00 PM, 5:05 PM, & 5:10 PM Tuesday, November 21, 2006. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, · ~, ' ~eville~~ Southold Town Clerk Enclosures (3) cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town'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 October 24, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on November 21, 2006 at 5:10 p.m. on the proposed Local Law entitled "A Local Law in relation to compliance with site plan and conditions imposed by the Plannlno. Board and/or Zoning Board of Appeals in Section 280 of the Southold Town Code." Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments Elizabeth A. Neville Town Clerk Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Depadment Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By Please print name Date: 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 ~Sq..}thold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 24, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on November 21, 2006 at 5:10 p.m. on the proposed Local Law entitled "A Local Law in relation to compliance with site plan and conditions imposed by the Planning Board and/or Zoning Board of Appeals in Section 280 of the Southold Town Code." Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments CC~ Elizabeth A. Neville Town Clerk 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: g 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 October 24, 2006 PLEASE TAKE NOTICE that the Town Board of thc Town of Southold will hold a PUBLIC HEARING on November 21, 2006 at 5:10 p.m. on the proposed Local Law entitled "A Local Law in relation to compliance with site plan and conditions imposed by the Planning Board and/or Zoning Board of Appeals in Section 280 of the Southold Town Code." Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Elizabeth A. Neville Town Clerk 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~natur-e} 'Received By Please print name Date: Title: ~-~)a~), 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 October 24, 2005 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on November 21, 2006 at 5:10 p.m. on the proposed Local Law entitled "A Local Law in relation to compliance with site plan and conditions imposed by the Planning Board and/or Zoning Board of Appeals in Section 280 of the Southold Town Code." 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 Depa~hnent Signature, Received By Please print name 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 Title: ~t U'7..b~) ~.~ 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 24, 2006 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southo]dtown.northfork.net RECEIVED PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on November 21, 2006 at 5:10 p.m. on the proposed Local Law entitled "A Local Law in relation to compliance with site plan and conditions imposed by the Planning Board and/or Zoning Board of Appeals in Section 280 of the Southold Town Code." Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc~ Elizabeth A. Neville Town Clerk Suffolk County Department of Planning Village of Grcenport 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 Sign~ .r'4-~,eived~By Please print name Date: [0 ,,2_~' O fo Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILI,F, 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 October 24, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on November 21, 2006 at 5:10 p.m. on the proposed Local Law entitled "A Local Law ~7~[,~f~Oto compliance with site plan and conditions imposed by the Planning Board and/or Zoning Board of Appeals in Section 280 of the Southold Town Code." 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 Zd Town Building Department Si~_r~: ~eceived By / Please print name/ ' 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: 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 RECEIV~-D TOWN OF SOUTHOLD October 24, 2006 - O"~'~d ~r''" Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on November 21, 2006 at 5:10 p.m. on the proposed Local Law entitled "A Local Law in relation to compliance with site plan and conditions imposed by the Planning Board and/or Zoning Board of Appeals in Section 280 of the Southold Town Code." Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments ecl Elizabeth A. Neville Town Clerk 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 Please print name Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLF. 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 October 24, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on November 21, 2006 at 5:10 p.m. on the proposed Local Law entitled "A Local Law in relation to compliance with site plan and eonditlons imposed by the Planning Board and/or Zoning Board of Appeals in Section 280 of the Southold Town Code." 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 CJreenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Please print name 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: / 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 October 24, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on November 21, 2006 at 5:10 p.m. on the proposed Local Law entitled "A Local Law in relation to compliance with site plan and conditions imposed by the Planning Board and/or Zoning Board of Appeals in Section 280 of the Southold Town Code." Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Elizabeth A. Neville Town Clerk 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 Please print r[ame 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 October 24, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on November 21, 2006 at 5:10 p.m. on the proposed Local Law entitled "A Local Law in relation to compliance with site plan and conditions imposed by the Planning Board and/or Zoning Board of Appeals in Section 280 of the Southold Town Code." Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments Elizabeth A. Neville Town Clerk Suffolk County Depmtment 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 Please 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 24, 2006 Town Hall, 53095 Main Road P.O. Box 1179 Southald, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net R~CEIV~D PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on November 21, 2006 at 5:10 p.m. on the proposed Local Law entitled "A Local Law in relation to compliance with site plan and conditions imposed by the Planning Board and/or Zoning Board of Appeals in Section 280 of the Southold Town Code." Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments Elizabeth A. Neville Town Clerk 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 ~f~, O~A~r3 ~k Date: Signatth'~, Received By ~).I_LF~D X3OfOj~ ~3 Title: Please print nme DUPLICATE TO BE SIGNED ~D ~TU~ED TO SOUTHOLD TO~ CLE~ 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 October 24, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARiNG on November 21, 2006 at 5:10 p.m. on the proposed Local Law entitled "A Local Law in relation to compliance with site plan and conditions imposed bv the Planning Board and/or Zoning Board of Appeals in Section 280 of the Southold Town Code." Please sign thc duplicate of this letter and return to mc 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 Signature,"Received By Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board Date: Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of October 2006, a Local Law entitled, "A Local Law in relation to compliance with site plan and conditions imposed by the Planning Board and/or Zoning Board of Appeals in Section 280 of the Southold Town Code" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 21st day of November, 2006 at 5:10 p.m., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to compliance with site plan and conditions imposed by the Planning Board and/or Zoning Board of Appeals in Section 280 of the Southold Town Code" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled, "A Local Law in relation to compliance with site plan and conditions imposed by the Planning Board and/or Zoning Board of Appeals in Section 280 of the Southold Town Code". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE The Town Board recognizes the need for additional inspections to ensure compliance with an approved site plan and to ensure conditions imposed by the Planning Board or Zoning Board of Appeals are met prior to use and/or occupancy of a site. Il. Chapter 280 is hereby amended as follows: §280-130. Approval of site plan required. C. No certificate of occupancy shall be issued for any building, structure, premises, lot or use of land covered by this article unless the structure has been completed (whet~ the stxucture is being constructed, ren'l~ated, reconstructed, altered, moved or put into use), and the site is developed in accordance with an approved site development plan or approved amendment of any such plan. An on-site inspection by plannln~. Department staff must be made to determine compliance with the site plan~ with the written consent of the owner or agent~ before the Planning Board authorizes a fmal approval. The Planning Board shall~ upon approval following inspeetion~ issue a letter of compliance to the owner or agent of reeord~ the Building Departmenh and the Town Engineer. §280-132. Duration of plan. A. An approved site development plan shall be valid for a period of three years from the date of approval. All work proposed on the plan shall be completed within three years from the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning Board~ subiect to the following Hmitations: (1) Use or occupancy on the site shah not be permitted until such time as aH work is completed in accord with the approved site plan and a certificate of occupancy is issued. {2) Use or occupancy on the site without aH work completed in satisfaction of the approved site plan or~ in the alternative, without express written permission of the planning Board, prior to such use or occupancy shah be a violation of this article and shah be subiect to such penalties as are set forth in §280- 155 of this chapter. §280-147. Additional conditions and safeguards. In deciding any matter before it, the Board of Appeals may impose such conditions and safeguards as it deems necessary or appropriate to preserve and protect the spirit and the objectives of this chapter. Any condition or term imposed by the Board of Appeals that is not complied with shah be a violation of this chapter and shah be subiect to such penalties as are set forth in §280-155 of this chapter. §280-155. Penalties for offenses. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architec.~ontractor or their agents or any other p~on who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of any Building Inspector shall, upon a first conviction thereof, be a fine of not ........~. .... to exceed guilty of ........... , an offense punishable by ..... ~:_~ e~t~ five thousand dollars ($5~000.) or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within -1-8-thirt3'-six (36) months thereafter, such person shall be guilty ora violation punishable by a fine not ~ ,~.,. ~,. to exceed ten thousand dollars ($10~000) or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: October 17, 2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON NOVEMBER 2, 2006, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Planning Board Town Clerk Bulletin Board Town Board Members Building Depattment Town Attorney Zoning Board of Appeals STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ~ day of {~,.~.-~. .2006, she affixed a notice of which the annexed printed notice is a tree 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. Public Hearing: November 21, 2006 5:10 pm f__~izabeth' A. Nevilletr - Southold Town Clerk Sworn before me this ~S day o f ~2~.,_~200.6.. ~ N~t~Publi~ - LYNDA M. BOHN NOTARy PUBLIC, State of Ne~ York No. 01 B06020932 Oualified in Suffolk Could_ Term Expires Maroh 8, 20 ~ Town of Southold - Letter Board Meeting of October 17, 2006 RESOLUTION 2006-833 ADOPTED Item # 27 DOC ID: 2239 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-833 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 17, 2006: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of October 2006, a Local Law entitled, "A Local Law in relation to compliance with site plan and conditions imposed by thc Planning Board and/or Zoning Board of Appeals in Section 280 of the Southold Town Code" 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 21st day of November, 2006 at 5:10 p.m., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to compliance with site plan and conditions imposed by the Planning Board and/or Zoning Board of Appeals in Section 280 of the Southold Town Code" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled, "A Local Law in relation to compliance with site plan and conditions imposed by the Planning Board and/or Zoning Board of Appeals in Section 280 of the Southold Town Code". BE IT ENACTED by the Town Board of the Town of Southold as follows: V. PURPOSE Generated October 19, 2006 Page 36 Town of Southold - Lett~I~ Boa~eeting of October 17, 2006 The Town Board recognizes the need for additional inspections to ensure compliance with an approved site plan and to ensure conditions imposed by the Planning Board or Zoning Board of Appeals are met prior to use and/or occupancy of a site. VI. Chapter 280 is hereby emended as follows: §280-130. Approval of site plan required. C. No certificate of occupancy shall be issued for any building, structure, premises, lot or use of land covered by this article unless the structure has been completed (whether the structure is being constructed, renovated, reconstructed, altered, moved or put into use), and the site is developed in accordance with an approved site development plan or approved emendment of any such plan. An on-site inspection by Planning Department staff must be made to determine compliance with the site plan~ with the written consent of the owner or agent~ before the Planning Board authorizes a f'mal approval. The Planning Board shali~ upon approval following inspeetion~ issue a letter of compliance to the owner or agent of reeord~ the Building Departmenh and the Town Engineer. §280-132. Duration of plan. A. An approved site development plan shall be valid for a period of three years from the date of approval. All work proposed on the plan shall be completed within three years from the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning Board~ subiect to the following limitations: (1) Use or occupancy on the site shall not be permitted until such time as all work is completed in accord with the approved site plan and a certificate of occupancy is issued. (2) Use or occupancy on the site without ali work completed in satisfaction of the approved site plan or~ in the alternative, without express written permission of the Planning Board~ prior to such use or occupancy shall be a violation of this article and shall be subiect to such penalties as are set forth in §280-155 of this chapter. §280-147. Additional conditions and safeguards. Generated October 19, 2006 Page 37 Town of Southold - Letter Board Meeting of October 17, 2006 In deciding any matter before it, the Board of Appeals may impose such conditions and safeguards as it deems necessary or appropriate to preserve and protect the spirit and the objectives of this chapter. Any condition or term imposed by the Board of Appeals that is not complied with shall be a violation of this chapter and shall be sub[eet to such penalties as are set forth in §280-155 of this chapter. §280-155. Penalties for offenses. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of any Building Inspector shall, upon a first conviction thereof, be guilty of a :'~la~on, an offense punishable by a fine of not ~ $500 to exceed five thousand dollars ($5~000.) or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within -1-g-thirty-six 06) months thereafter, such person shall be guilty of a violation punishable by a fine not ~ $ !,500 to exceed ten thousand dollars ($10~000) or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. 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. VlIl. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Generated October 19, 2006 Page 38 Town of Southold - Lett~l~ Boa~Vleeting of October 17, 2006 Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Generated October 19, 2006 Page 39