HomeMy WebLinkAboutLL-1976 #05 A Local Law to amend Chapter 100 (Zoning) of the Code
of the Town of Southold in relation to the exclumon of
dwelling units in certain use districts and to redefine
· the terms Public Water and Public Sewer.
Be it enacted by the Town Board of the Town of Southold as follows:
I. The terms "Public Water; Public Sewer" as defined in Section 100-13. Article Ij
Chapter 100 of the Code of the Town of Southold is hereby amended to read as follows:
PUBLIC WATER: PUBLIC SEWER - Communal sewage
disposal systems and communal water supply systems approved
by public agencys having jurisdiction thereof.
II. Subdivision (17 of Section 100-60A, Article VI, Chapter 100 of the Code of the Town
of Southold is hereby amended to read as follows:
(17 Any permitted uses set forth in, and as regulated by the
following provisions of this chapter:
(aT Subdivision (27 and (3) of Section 100-30A.
(b) Subdivision (3) of Section 100-40A.
III. Subdivision (1) of Section 100-60B, Article VI, Chapter 100 of the Code of the Town
of Southold is hereby amended to read as follows:
(17 Any special exception use set forth in, and as regulated by, the
following provisions of the chapter:
(a) Subdivision (2) to (13), inclusive of Section 100-30B.
(b) Subdivisions (2), (4) and (5) of Section 100-50B.
IV. Subdivision (1) of Section 10.0-60C, Article VI, Chapter 100 of the Code of the
Town of Southold is hereby deleted and subdivisions (2) and (3) of said Section are
renumbered accordingly.
V. Subdivision (1) of Section 100-70A, Article VII, Chapter 100 of the Code of the Town
of Southold is hereby amended to read as follows:
(1) Any permitted use set forth in, and as regulated by the following
provisions of this Chapter:
(a) Subdivision (2) and (3) of Section 100-30A.
(b) Subdivision (3) of Section 100-40A.
(c) Subdivisions (2) to (9), inclusive of Section 100-60A.
(d) Section 100-62.
VI. Subdivision (1) of Section 100-70B, Article VII, Chapter 100 of the Code of the
Town of Southold is hereby amended to read as follows:
(1) Any special exception use set forth in, and as regulated by the
following provisions of this chapter:
(a} Subdivision (2) to (13),inclusive of Section 100-30B.
(b) Subdivision (2), (4) and (5} of Section 100-5013.
VII. Subdivision (1) of Section 100-70C, Article VII, Chapter 100 of the Code of the
Town of Southold is hereby deleted and subdivision (2) is renumbered accordingly.
VIII. Subdivision (1) of Section 100-80A. Article VIII, Chapter 100 of the Code of the
Town of Southold is hereby amended to read as follows:
(1) Any permitted uses set forth in, and as regulated by the
following provisions of this chapter:
(a) Subdivisions (2) and (3) of Section 100-30A.
IX. Subdivision (17) of Section 100-80B, Article VIII, Chapter 100 of the Code of the
Town of Southold is hereby deleted.
X. Section 100-90A of Article IX, Chapter 100 of the Code of the Town of Southold is
hereby amended to read as follows:
A, In the C-1 District, Buildings and premises may be used
for any lawful purpose, except that no building and/or premises
shall be used for dwelling, boarding and tourist home, hotel,
motel or tourist camp purposes and the uses hereinafter set
forth are permitted only by special exception by the Board of
Appeals, as hereinafter provided, and are subject to site plan
approval by the Planning 13oard in accordance with Article XIII
hereof:
MARLO M. CUOMO
STATE OF NEW YORK
DEPARTMENT OF STATE
162 WASHINGTON AVENUE
ALBANY, NEW YORK 12231
November 4, 1976
Robert W. Tasker, Esq.
Office of Town Attorney
Town of Southold
425 Main Street
Greenport, New York 11944
Dear Sir / Madam:
Please be advised that Local Law(s) No. 5
of 1976 of the Town of Southold
was/were received and filed on November 3, 1976
We enclose herewith additional £orms for the filing of
local laws for youT future use,
CC:
Very truly yours,
MARIO M. CUOMO
Secretary of State
BY:Ba~f~
Directod
State Records and Law Bureau
State Comptroller
Division of Municipal Affairs
G120-006
STATI~ OF NEW YORK
DEPARTMENT OF AUDIT AND CONTROL
ALBANY
Dear
of
of
which copy is
I hereby acknowledge receipt as of Oc'bo!:~:'
certified copy of Local Law No.
for the ~ow~ o~~ Sout?cZd
being filed in this office.
Associate Attorney
KRP: g~'
cc: Secretary of State
DEPARTMENT OF AUDIT AND CCINT~OI_
i4arch 8, 1978
Robert W. Tasker, Esq.
Town Attorney
Office of Town Attorney
Town of Southold
425 Main St.
Greenport, L.I., N.Y. 11944
D~ar Sir:
I hereby acknowledge receipt as of November 8,
of certified copy of Local Law No. 5
of 1976 for the Town of Southold
which copy is being filed in this office.
1976
KRP: ir
cc: Secretary
Associate Attorney
of State
.Please Use this Form for Filing your Local Law with the Secretary o[ State)
Text of law should be given as amended. Do not use brackets for matter to be eliminated 'and do not
use italics for new matter.
S outhold
Local Law No .................. .5.. ..................................... oi the year 19 .....7...6...
iA local law to amend Ch.a.p. ter 100 [Zoni.n.g). of the Cod..e. of..t.h.e....T...o...w...n....o..f..~..0.i.~h.o.l;1 ............
(Insert title)
in relation, to the exclusion of dwelling units in certain use districts
and. to redefine the terms Public Water and Public Sewe~'.
Be it enacted by the To;vn Board ........ ......................................... of the
(Name of Legislative Body)
~'t~ of Southold ..................................... as follows:
Town
I.! The terms "Public Water; Public Sewer" as defined in Section 100-13, Article I,
Chapter 100 of the Code of the Town of Southold is hereby a~aended to read. as follows:
PUBLIC WATER: PUBLIC SEWER -C~mmunal sewage
disposal systems and communal water supply systems
approved by public agencys, having jurisdiction thereof.
II. Subdivision (1) of Section 100-60A, Article VI, Chapter 100 of the Code of
mown of Southold is hereby amended to read as follows:
(1) Any permitted uses set forth in,. and as regulated by the
following provisions of this chapter:
(a) Subdivisions (2) and (3) of Section 100-30A.
(b) Subdivision (3) of Section 100-40A.
III. Subdivision (1) of Section 100-60B, Article V!, CHapter 100 of the Code of the
T~wn of Southold is hereby amended to read as follows:
(1) Any special exception use set forth in, and as ~egulated by,
the following provisions of this chapter:
(a) Subdivisions (2) to (13), inclusive of Section 100-30B.
(b) Subdivisions (2), (4) and (5) of Section 100-50B.
~(!f add_;tion~ space is neededo ~>lease attach sheets of the saw, e size as this and aumber
..T~r. ,~,.~_~.-'~,-;~o~ ........ (~, ..~ ..... ~ ..... ~,,.t 190-60C. Article VI, Chapter 100 of the_ C,~:de
Town .of Southold is hereby deleted and subdivisions (2) and (3) of said Section are
renumbered ac cordingly.
V.. Subdivision (1) of Section 100-70A, Article VII, Chapter 100 of the Code of the
Town of Southold is hereby amended to read as follows:
(1) Any permitted use set forth in. and as regulated by the following
provisions of this chapter:
(a) Subdivisions (2) and (3) of Section 100-30A.
(b) Subdivision (3) of Section 100-40A.
(c) Subdivisions (2) to(9), inclusive of Section 100-60A. .
(d) Sec~io-~ 100-62.
VI. Subdivision (1) of Section 100-70B, Article VII, Chapter 100 of the Code of the
Town of Southold is hereby amended to read as follows:
-- (1) Any special exception use set forth in, and as regulated
by the following provisions of ~his chapter:
(a) Subdivisions (2) to (13), inclusive of Section 100-30B.
(b) Subdivisions (2), (4) and (5) Of Section IOO-50B.
vii. Subdivision (1) of Section 100-70C, Article VII, Chapter t00 of the Code of the
Town of Southold is hereby deleted and subdivision (2) is renumbered accordingly.
VIII. Subdivision '(1) of Section 100-80A, Article VIII, Chapter 100 of the Code of the
Town of Southold is hereby amended to rea~ as follows:
(1) Any permitted uses set forth in, and as regulated by the
following provisions of this chapter:
(a) Subdivisions (2) and (3) of Section 100-30A.
IX. Subdivision (17) of Section 100-80B, Article VIII, Chapter 100 of the Code of
the Town of Southold is hereby deleted.
X. Section 100-90A of Article IX, Chapter 100 of the Code of the Town of Southold is
hereby amended to read as follows:
A. In the C-1 District, Buildings and premises may be used
for any lawful purpose, ex~cept that no building and/or premises
shall be used for dwelling,~boarding and tourist home, hotel,
motel or tourist camp purposes and the uses hereinafter set
forth are permitted only by special exception by the Board of
Appeals, as hereinafter provided, and are subject to site plan
approval by the ?larming Board in accordance wi~h Article XIII
hereof:
'" ' ' I=w .... strike out the
(Complete abe certification lathe paragraphwmeh applies to thefiling of th'_-'s :oea~ ...... a '
matter ~herein' ~'mea'': is not' applicable, j7' ~ -
(Final adoption by iacat Iegisiative body only.)
1. I hereby certify that thelocal law annexed hereto, designated as local law No ...... 5. ......... of 19...7...6..
~ of Southold was duly passed by the Town Board
of the Town ................................................................ ...........................
on......O...c..t. 9..b...e.?...2..6. .................. 19...7...6.. in accordance with the applicable provisions of law.
(Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer
or repassage after disapproval.)
2. I hereby certify that the local law annexed hereto, designated as local law No ..................... of 19 ........
County
City
of the Town of ...................................... was duly passed by ............................................................................................
(Name of Legislative Body)
Village
not disapproved
on .................................................. 19 ........ and was approved by the .......................................................
repassed after disapproval Elective Chief Executive Officer
and was deemed duly adopted on ........................................................ 19 ........ , in accordanc& with the applicable
provisions of law.
(Final adoption by referendum.)
3. I hereby certify that the local law annexed hereto, designated as local law.No ................... of ~9 .........
County
of the City of ...................................... was duly passed by the ......................................................................................
Town (Name of Legislative Body)
Village not disapproved
on ................................................. 19 ........ and was approved by the ...............................................................
repassed after disapproval Elective Chief ]~xecutlve Officer
on ...................................................................... 19. ........ Such local law was submitted to the people ~y reaso~ of a
mandatory referendum and received the affirmative vote of a majority of the qualified electors voting
permissive
general
thereon at the special election held on ...................................................... 19 ........ , in accordance with the appli-
annual
cable provisions of law.
(Subject to permissive referendum and final adoption because no valid petition filed requesting
referendum.)
4. I hereby certify that the local law annexed hereto, designated as local law No ................... of 19. .........
County
City
of the Town of ...................................... was duly passed by the ................................................................................ on
(Name of Legislative Body)
Village not disapproved
...................................................... 19 ........ and was approved by the ......................................................... on
repassed after disapproval Elective Chief E .... tire Officer
.............................................................. 19 ......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local taw was deemed duly adopted on
...................................................................... 19 ........ , in accordance with the applicable provisions of law.
*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 chairman of the hoard of supervisors, the mayor of a
city or village or the supervisor of a town, where such officer is vested with power to approve or
veto local laws or ordinances.
(Ci~'- i~eal !aw eeneernJmr Charter revision nro~osed ~v
of the City of .......................................................................... having been submitted to referendum pursuan~ to the
~36 ~, . .
provisions of 37 of the ,, ummpal home Hule Law and having received the affirmative vote of a majority
special
of the qualified electors of such city voting thereon at the general election held on ..................................
................ 19 ............ became operative.
(County local law concerning adoption of CharterJ
6. I hereby certify' that the local law annexed hereto, designated as Local Law No ....... of 197 .... of the
County of ......................................... State of New York, having been submitted to the Electors at the
General Election of November ........... 19 .......... , pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law and haviug received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of 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.
designated by Local Legislative Body
Judith T. Terry, Town Clerk
Date: October 29, 1976
(Seal)
(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 ...... ,S...U...F.. ~.Q..L....K. ......................
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
(Title of om¢~,)~obert W. Tasker, Town Attorney
of ................ ..S..o...u..t.b..o. !..d. ............................
Town
Dated: October 29, 1976
lO/12/76
LOCAL LAW # - 1976
EXCLUSION OF DWELLING UNITS IN CERTAIN USE DISTRICTS AND REDEFINE
PUBLIC WATER AND PUBLIC SEWER
A public hearing was held at the Supervisor's Office, 16
South Street, Greenport, New York at 9:00 p.m. (Hearing was
scheduled for 8:30 p.m., but previous hearing ran over its time.)
for a proposed local law to amend 100 zoning of the Code o£ the
Town of Southold in relation to the exclusion of dwelling units in
certain use districts and to redefine the terms 'public water' and
'public sewer'
Present at the hearing were:
Supervisor Martocchia
Justice Surer
Justice Demarest
Councilman Rich
Councilman Homan
Councilman Rich read the Notice of Hearing. He presented proofs
of publication in the Long Island Traveler-Watchman and the Suffolk
Times. He presented proof signed by the Town Clerk that this was
posted on the Town Clerk's Bulletin Board. The following letter
under date of September l, 1976 to the Town Board from the Southold
Town Planning Board was read:
Gentlemen:
The following action was taken by the Southold Town Planning
Board at a regular meeting held August 30, 1976.
RESOLVED to recommend to the Southold Town Board approval of
proposed Local Law to amend Chapter 100 (Zoning) of the Code of
the Town of Southold in relation to the exclusion of dwelling
units in certain use districts and to redefine the terms Public
Water and Public Sewer.
/s/ Muriel Brush, Secretary
Supervisor: You have heard Councilman Rich read the legal notice
that was in the papers, proof of publication in the official paper
of Southold Town and one other paper in Southold Town, proof that
it was posted on the Town Clerk's Bulletin Board, the recommendation
of the Southold Town Planning Board that this chapter be amended.
Is there anyone that would like to speak on this subject matter?
William Schriever: I didn't prepare anything because I assumed
this was going to be passed since it was on the Board's own
motion. I think this is an excellent step to take to codify the
development of the Town. The reason I say this is because I have
had personal experience in a situation in which the Town sets up
a business district and then somebody builds a house and all of
a sudden it's residential. This way you can wipe out every business
district in the whole town and have no place for anybody to make a
living. I think it's very, very important that we try to keep the
LOCAL LAW -2- 10/12/76
residential development out of our business areas. In fact, I
think this is more important than keeping the business out of the
residential area. I think it should have been a part of the
ordinance since the begirauing. I wrote a letter to this Board in
1969 recommending this and I am glad to see them adopted. I
realize they see the reason they need it right now and I appreciate
that. There is one comment I would like to make about the
proposal. That is the unique situation which we find the light
industry or C zone. We go down and we don't bother about keeping
houses out of a multiple residence and when we get down to the
B zone, light business, we provide to keep individual dwellings
out of there and that's good. And we go to the B-1 and do the
same thing. We come to the C zone and, for some reason or another,
we don't only keep out dwellings but we keep out business. That
seems to me, I hope it's an oversight. The only thing provided
for is in the C zone the way I read it, is something to do with town
buildings and something else. You have the book up there. It
says, I think, subdivision 1080A, under that it says 'any permitted
uses set forth in and as regulated by the following provisions of
this chapter' and then the only thing that's permitted in there
other than the things covered under the chapter, as I read it, are
subdivisions 2 and 3 of Section lO0-30A. This is farming and some
other odd-ball thing. We have kept out dwellings but we have also
kept out business as well and I think that such things as printing
shops, office buildings, development labs and all the things that
come under the C zone do not seem to me to be incompatible with
business. Therefore, I think the Board ought to reconsider that
one part of this particular proposal. You notice when you get
down into the C-1 District which is heavy industrial, we don't
make that same distinction any more. You can put up a bank,
retail shopping center or most anything you want in C-1 district.
You can put it in a B district, you can put it in a B-1 district,
but for some strange reason you can't put it in a C. I think the
Board ought to reconsider that one point but otherwise I think it
is excellent.
Supervisor: Anyone else wish to speak on the subject? Bob, what
Mr. Schriever is talking about, does that fit?
Mr. Tasker: I don't know. I haven't got the ordinance.
Mr. Schriever:
whole thing.
The ordinance is up there. Maybe, I misread this
Mr. Schriever went on the explain the whole way he thought again.
Supervisor: Does anyone else wish to speak on this subject? Has
everyone spoken that wishes to speak on this matter? Hearing none,
the hearing is closed and the Board will make some decisions on
the three hearings we have had tonight in the near future.
Respeotfully sub~D~ed,
Muriel~Brush.~' Secretary
LEGAL NOTICE
, NOTICE OF HEARING
PLEASE TAKE NOTICE that
proposed Local Law No. -1976,
entitled "A Local Law to amend
Chapter 100 (Zoning) of the Code
of the Town of Southold in
relation to the exclusion of dwel-
ling units in certain use districts
and to redefine the terms Public
Water and Public Sewer". was
introduced at a meeting of the
Town Board of the Town of
$outhold held on the 21st day of
September, 1976. Said Local Law
amends Chapter 1~0 of the Code
of the Town of Southold (Zoning)
with respect to the definition of
Public Water and Public Sewer;
and with respect to the exclusion
of dwelling units in certain use
districts throughout the Town of
$outhold.
Copies of said proposed Local
Imw No. -1976 are available for
inspection and distribution at the
Town Clerk's Office to any inter-
ested person during business
hours.
PLEASE TAKE FURTHER
NOTICE that a public hearing
with respect to said Local Law No.
-1976 will be held at the Supervi-
sor's Office, 16 South Street,
Greenport, New York on the 12th
day of October, 1976 at 8:30
o'clock P.M. at which time and
place all interested persons will
be given an opportunity to be
heard.
DATED: September 21, 1976
BY ORDER OF THE
SOUTHOLD TOWN BOARD
JUDITH T. TERRY
TOWN CLERK
IT-9/30
COUNTY OF SUFFOLK [ ss:
STATE OF NEW YORK J
Sherley Katz, being duly sworn, says that she is an
Editcr, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at C-outhold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
i',os been published in said Long Island Traveler-Watch-
man once each week for .......... ./. ........................... weeks
successively, commencing on the ..... k~.~') ..........................
o.rnto me this ...~':? .............. day o,
before
.Y~' 19, .Z.('2.
ETH~L pALLADINO
NOTARY FUBLIC. S~ale of ~ew york
LEGAL NOTICE
NOTICE OF HEARING
PLEASE TAKE NOTICE that
proposed Local Law No. -1976.
entitled "A Local Law to amend
Chapter I00 ~Zoning, oi the code
of the Town o[ Eouthold
relation to the exclusion o[
dwelling units m certain use
districts and to rede[rite the
terms Public Water and Public
r~eeting of the Town Board o[ the
Town o[ Southold held 6n the 2lst
day of September. I!G6. Said
Local Law amends Chapter 100 o[
the Code of the Town of Southold
~Zoning~ with respect to the
definition of Public Water and
Public Sewer: and with respect
the exclasion of dwt?lling tmtts
certain use districts throughout
the To'an o[ Southold
Copies of said proposed Local
Law No. 19'7,[ are available for
inspection and distribution at the
Town Clerk's lilt'ice Io any in-
terested person during business
hours.
PLEASE TAKE FURTHER
NOTICE that a public hearing
No. 1976 will he held at Lhe
Supervisor's I~ffice. 16 South
Street. Greeolxu'l, New York on
the lgth day of ~}ctober. I976 at
8:30 o'clock P M at which time
and place all interested persons
wd[ be given an ,pt~n'tunity to he
heard.
'DATED: September ~1.
BY~IRDEItOFTHE
S(tUTHt ~LI) T( ~- N Bt)AMD
.IUDITH T 'FERRY
COUNTY OF SUFFOLR,
STATE OF NEW YORI~, ~ ss:
..................................... being duly Sworn,
says thnt . .i).o... is P~inter and Publisher of ~he SUFFOLK
WEEKLY TIMES, a newspapez published ~t Greenport, in said
county; and that th* notice, of which tine a,~exed is u printed
copy. Ires been published in the said Suffolk Weekly Times
once in each week, tot weeks
-.l,
successively co~mmencin!! on the _,
day of ':ep~eraber 19~. ~ _
Sworn to before, me this . ../.
, ay of .. d(-. ......
C '
....'
...... '~..' ':~.:,