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HomeMy WebLinkAboutTOR RES 975 Office of the Town Clerk Diane M. Wilhelm, Town Clerl~ Registrar of Vital Statistics Records Management Officer Marriage Officer December 28, 2012 Suffolk County Planning Department L.l. 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 December 27, 2012 Resolution# 975~ADOPTS A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF THE CODE OF THE TOWN OF RIVERHEAD 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 ' -' .... Town Clerk DW: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 December 28, 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# 975 Town Board Meeting 12,28.12) 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 12.27.2012 120975 ADOPTED TOWN OF RIVERHEAD Resolution # 975 ADOPTS A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF THE CODE OF THE TOWN OF RIVERHEAD Councilman Wooten offered the following resolution, which was seconded by Councilman Gabrielsen WHEREAS, the Town Clerk was authorized to publish and post a public notice to hear all interested persons to consider a local law amending Chapter 108 of the Riverhead Town Code of the Code of the Town of Riverhead ("Town Code"); and WHEREAS, a public hearing was held on the 5th day of December, 2012 at 2:05 o'clock p.m. at the Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, the date, time and place specified in said public notice, and all persons wishing to be heard were heard. NOW THEREFORE BE IT RESOLVED, that the local law amending Chapter 108 entitled, "Zoning" of the Town Code is hereby adopted as specified in the attached notice of adoption; and be it further RESOLVED, that the Town Clerk is hereby authorized to publish the attached notice of adoption once in the News-Review Newspaper and to post same on the signboard at Town Hall; and be it further RESOLVED, that 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 []-Absent Gabrielsen [~Yes E~No Wooten [~Yes E~]No Dunleavy []Yes rilNo Walter []Yes []No The Resolution Was [] Was NotE~ Thereupon Duly Declared Adopted Z\TA\Adopts Local Law\ Mailing-Notice December 18, 2012 TOWiN OF RIVERHEAD NOTICE OF ADOPTION PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law amending the Chapter 108 entitled "Zoning" of the Riverhead Town Code, at its regular meeting held on December 27, 2012. Be it enacted by the Town Board of the Town of Riverhead as follows: CItAFIE~R 108 Zoning Article VIH Acc~sory Apartments (§ 10834 - § 108-39) § 108-37. Accessory Apartment Review Board. All applications made to the Board shall be in writing, on fbrms prescribed by the Board. The Accessory Apartment Review Board shall fix a reasonable time for the hearing of the application and give public notice thereol; 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 o£ the public hearing by either certified or registered mail, return receipt requested, to every property owner, as shown on the current l~verhead 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-~vay shall be deemed contiguous. Article XVIH Amendments and Changes (§108-79- §108-83) § 108-80. Applications for change or amendment. All petitions, exclusive ora change or amendment initiated by the Town Board on its own motion, ~br 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 Suf}[blk County, certifying the current owner of all adjoining parcels within a radius of 500 feet of the subject property, shall be filed with the Town Clerk. For the purpose of this section, "cun'ent 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 Z\TA\Adopts Local Law\ Mailing-Notice December 18, 2012 of zone application is pending before the Riverhead Town Board. Said application shall be referred to the Planning Board, which will transmk its recormnendations 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 La~v. The Town Clerk shall fulWvard the public hearing notice to the applicant, or his agent, by certified mail, and the applicant, or his agem, 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 hearing 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 fbr a full and complete hearing on the application. The Town Board may adjourn the public hearing for the purpose of taking further testimony or requiting the production of further information. Article XXVIA. Special Permit (§108-133.1 - §108-133.7) § 108-133.4. Aplplication 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 hearing, 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 heating 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 fbr the purpose of taking further testimony or requiring the production of further inibrmation. 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 the Town Board on the application after the close 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 December 27, 2012 Z\TA\Adopts Local Law\ Mailing-Notice December 18, 2012 BY THE ORDER OF THE TOWN BOARD OF THE TOWN OF iRIVERHEAD DIANE M. WILHELM, Town Clerk Z\TA\Adopts Local Law\ Mailing-Notice December 18, 20:t2 Town of Riverhead Local Law #33-2012 CHAPTER 108 ZONING Article VIII Accessory Apartments ({ 108-34 - { t08-39) { 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. Article XVlll 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 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 hearing 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 Permit (§108-133.1 - §108-133.7) § 108-133.4. 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 hearing, 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 the Town Board on the application after the close 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.