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.