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Home My WebLink AboutTOR RES 850 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer November 9, 2012 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on November 7, 2012 Resolution #850-AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF THE RIVERHEAD TOWN CODE If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext. 260 Sincerely, Diane M Wilhelm DMW:cd 200 Howell Avenue ~ Riverhead, New York 11901- (631)727-3200 Ext. 260 ~ Fax (631)208-4034 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer November 9, 2012 We would appreciate your signing this letter acknowledging receipt of the Resolution and returning it to the Office of the Riverhead Town Clerk. (Resolution# 850 from Town Board Meeting 11.7.12) Sincerely, Diane M. Wilhelm Town Clerk Signature: date: DW:cd 200 Howell Avenue ~ Riverhead, New York 11901~ (631)727-3200 Ext. 260 ~ Fax (631)208-4034 11.07.12 ADOPTED 120850 TOWN OF RIVERHEAD Resolution # 850 AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF THI~ RIVERHEAD TOWN CODE Councilwoman Giglio offered the following resolution, which was seconded by Councilman Dunleavy RESOLVED, the Town Clerk is hereby authorized to publish the attached public notice to consider a bcal law to amend Chapter 108 entitled, "Zoning" of the Riverhead Town Code once in the November 15, 2012 issue of the News-Review Newspaper, the newspaper hereby designated as the official newspaper for this purpose, and also to cause a copy of the proposed amendment to be posted on the sign board of the Town; and be it further RESOLVED, all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and if needed, a certified copy of same may be obtained from the Office of the Town Clerk.. THE VOTE Giglio ~]Yes [~No Gabrielsen [~Yes [~]No Wooten [~Yes E]No Dunleavy [~Yes r-]No Walter [~Yes E]No The Resolution Was [] Thereupon Duly Declared Adopted Z\TA\Public Hearin§ Mailin§\November 7, 2012 TOVVN OF RNERHEAD NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town at Riverhead at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 4~ day of December, 2012 at 2:05 o'clock p.m. to amend Chapter 108, entitled "Zoning" of the Riverhead Town Code. Be it enacted by the Town Board of the Town of Riverhead as follows: CHAPTER 108 Zoning Article VIII Accessory Apar[ments (§ 108.,34 - § 108-39) § 108-37. Accessory Apartment Review Board. All applications made to the Board shall be in writing, on forms prescribed by the Board. The Accessory Apartment Review Board shall fix a reasonable time for the hearing of the application and give public notice thereof, as well as due notice to the applicant. The applicant shall mail notice of the hearing posted at least seven days prior to the date of the public hearing by either certified or registered mail, return receipt requested, to every property owner, as shown on the current Riverhead assessment rolls, owning property immediately adjacent and contiguous to that of the applicant. For purposes of this section, property separated from that of the application by a public road or right-of-way shall be deemed contiguous. Ar'dcle XVIII Amendments and Changes (§108-79 -§108-83) § 108-80. Applications for change or amendment. All petitions, exclusive of a change or amendment initiated by the Town Board on its own motion, for a change or amendment to this chapter (including any part incorporated therein) shall be made by filing the original and 13 copies and shall be accompanied by 14 copies of an accurately drawn map showing the dimensions of the property to be considered, tied in by distance to the nearest recognized street intersection. A last owners' search certified by a New York State licensed attorney-at-law or title company with offices in Suffolk County, certifying the current owner of all adjoining parcels within a radius of 500 feet of Z\TA\Public Hearing Mailing\November 7, 2012 the subject property, shall be filed with the Town Clerk. For the purpose of this section, "current owner" shall mean the owner of record as shown on the current Riverhead Town assessment roll. Upon application, the Town Clerk shall provide to the applicant a sign to be immediately posted at the property indicating that a change of zone application is pending before the Riverhead Town Board. Said application shall be referred to the Planning Board, which will transmit its recommendations to the Town Board within 60 days of the date of referral. After receipt of the recommendations of the Planning Board, the Town Board shall hold a public hearing upon notice as required by § 265 of the Town Law. The Town Clerk shall forward the public hearing notice to the applicant, or his agent, by certified mail, and the applicant, or his agent, shall then fill in the date and time of the public hearing on the sign heretofore posted at the subject property. Additionally, the applicant, or his agent, shall forward a certified copy of the public hearing notice, by certified mail, to all property owners within a five- hundred-foot radius of the subject property, posted at least seven days prior to the date of the public hearinq to be affected by the change of zone, and the applicant shall pay all expenses of said hearing, including but not limited to publication costs, postage and transcription of testimony. The Town Board may require the sworn testimony of such persons as it deems necessary for a full and complete hearing on the application. The Town Board may adjourn the public hearing for the purpose of taking further testimony or requiring the production of further information. Article XXVIA. Special Perm it (§108-133.1 - §108-133.7) § 108-t33.4. Application procedure. Town Board public hearing. After receipt of the recommendations of the Planning Board (in the event the application was referred to the Planning Board), the Town Board shall hold a public hearing upon public notice and other notices as required by the Town Law. The applicant or his/her representative shall forward a certified copy of the public hearing notice by certified mail to all property owners within a five-hundred-foot radius of the subject property posted at least seven days prior to the date of the public hearinq, and the applicant shall pay all expenses of said hearing, including but not limited to publication costs, postage and transcription of testimony. Public notice of said hearing shall be printed in a newspaper of general circulation in the Town at least five days prior to the date thereof. All testimony at the public hearing before the Town Board shall be given under oath. The Town Board may require the sworn testimony of such persons as it deems necessary for a full and complete hearing on the application. The Town Board may adjourn the public hearing for the purpose of taking further testimony or requiring the production-of further information. The Town Board shall decide upon the application within 62 days after the close of the hearing. The time within which the Town Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of Z\TA\Public Hearing Mailing\November 7, 2012 the Town Board on the application after the dose of the public hearing shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant. Overstrike represents deletion(s) Underscore represents addition(s) Dated: Riverhead, New York October 2, 2012 BY THE ORDER OF THE TOWN BOARD OF THE TOVVN OF RIVERHEAD DIANE M. WILHELM, Town Clerk Z\TA\Public Hearin§ Mailing\November 7, 20~.2