HomeMy WebLinkAboutLL-1984 #04LOCAL LAW NO 4 ., 1984
A Local Law to Amend the Zoning Code
in relation to the computation of the number
of lots in a Cluster Development
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Subdivision A, of 'Section 100-136, of Chapter 100 (zoning) of the
Code of the Town of Southold, is hereby amended to read as
follows:
A. The maximum number of single-family lots that may be
approved in a cluster development shall be computed by
subtracting from the total gross area a fixed percentage of
twenty percent (20%) of said area and dividing the remaining
eighty percent (80%) of the area by [forty thousand (40,000)
square feet.] the minimum required lot area set forth in the
Bulk and Parking Schedule.
II. This Local Law shall take effect upon its filing with the Secretary
of State.
(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law sbould be given as amended. Do not include matter being
eliminated and do not use italics or underlining, to indicate new matter.
So~thold
CAt~- ot .......................................................................................................... ;': ...............
Wowil
Local Law No ........................................................... of the year 19.8~. .......
A local law in relation t~ the com.p, utation of .l;h.~..j~.kli~b.(tE..o.f..J.o.tA.ir~.~..£1uster...Dev. elopment.
(Imse,A t
. Town Board ............... of the
Be it enacted by the .........................................................................................
". ............................ (Nnnm ~ l.~l~latitve i~dX)
C;.'-¥
To~
of ...... Town of Southold ................................................................................... ss follows:
I. Subdivision A, of Section 100-136, of Chapter 100 (zoning) of the
Code of the Town of Southold, is hereby amended to read as
follows:
A. The maximum number of single-family lots that may be
approved in a cluster development shall be computed by
subtracting from the total gross area a fixed percentage of
twenty percent (20%) of said area and dividing the remaining
eighty percent (80%) of the area by [forty thousand (40,000)
square feet.] the minimum required lot area set forth in the
Bulk and Parking Schedule.
II. This Local Law shall take effect upon its filing, with the Secretary
of State.
[~l~"(lf additional space is needed! please attach sheets of the same size as this and number each)"~
(Complete. the certifieqttion itl the paragraph which upplies to tim filing of thi.~]ocal law and strike out the
matter therein which is not applicabh:.)
I.. (l"imd adopti,m h) h.'td legislative body only.)
I hereby certify thai the loam law annexed hereto, designated as loca[ law No ...... .~. ......... o~ ~90.~...
-City of Southold was duly passed by the Town Board ...
of the Town .................................... ' ................ ~;i,;;";i"~i~i;'l';;i,,'[i;~ .......................
on ....... ~P.[~[..~.~ ..................... 19....~ in acco~ance 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.)
1 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 ..................................................................................
...................................... (Nam~ of L~gialatiw Body)
Village
not disapproved
on ....................................... 19 ........ and was approved by the .......................................................
repassed after disapproval Electf~ Chle~ Ex~eutiw Of[tc,r ~t
and was deemed duly adopted on .............................................. 19 ........ in accordance with the applicable.
provisions of law.
(l"inal adoption by referendum.)
! hereby certify that the local law annexed hereto, designated as local law No ................... of 19 ..........
Couuty _ _
City of ...................................... was duly passed by the ......................................................................................
Of the Town (.Name o! Leal#la&lye Body)
Village
on ................................................... 19 ........
not disapproved
and was approved by tile ..............................................................
repassed after disapproval £~ active Chic! I~xecutive Officer ~
...... 19. ........ Such local law was submitted to the people by reason 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-
ann hal
cable provisions of law.
(Subject to permissive referendum,and final adoption becausi~ no valid petition filed requesting
referendu,..)
I hereby certify that the local law annexed hereto, designated as local law No ................... of 19 ..........
County
City of ...................................... was duly passed by the .................................... on
of tile Town IName of LegiMative Uod¥)
Village not disapproved
...................................................... 19 ........ and was approved by tile ........................ on
repassed after disapproval I.;h.,.t,ve Chi,.I ~.;aecutiv~' {Iff it. er ~
............................................................. 19 ......... Such local law being subject to a permissiw~ referendum and no
valid petition requ.sting such referendum having been filed, said local law was deemed duly adopted on
...................................................................... 19 ....... . in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or i~i~lud~ the chief executive officer of a county elected on a county-wide basis
or, ff there be none, thc chairman of the county le~dative body, 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.
Page 2
(Cit) |oral la~ com:erning Charter rt.: i~iou propost, l hy petition.)
] hr,rrb) ccrtif~ ~ha~ th~.lo, a: ~r~ ..:~ncxr:d h~reto, cloMgnated as local law No ..................... of 1.9 ........
of the City of ........................................................................ ha~ing been snbmitte, d to referendum pursuant to the
provisions of 37 of -,~ :,iunicip-lll...ule Flute Law, ami !.aving received the affirmative vote of a maiodty
special
of the qua[il'led 'elecror~ of such city voting thereon at the general election held on ..................................
................ 19 ............ became operative.
6. (County local law concerning adoption of Charter.}
I hereby certify that the local law annexed hereto, designated as Lodal Law No ....... of 19 ...... of the
County of ......................................... State of New York, having been submitted to the Electors at the
General Election of Nove,nber ........... t9 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal He,ne Rule Law, mid having received the :fffirmative 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
eertifieatiou. )
~ 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 ........... J. ............... above.
Date:
April 25, 1984
offio~r dcsi~nl~d by lo~l l*8islativc body
JUDITH T. TERRY, TOWN CLERK
{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..LIE ECILK .........................
1, 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 enactmeut of the local law annexed hereto.
Date: April 25, 1984
Signature
r.,. &t.tgr ¥ ........
Title
Cc, u;;ty
'~,,,:, ~r Southold
Town
Page 3
PUBLIC HEARING
SOUTHOLD TOWN BOARD
APRIL 24, 1984
3:55 P.M.
IN THE MATTER OF A PROPOSED LOCAL LAW ENTITLED, "A LOCAL LAW TO
AMEND THE ZONING CODE IN RELATION TO THE COMPUTATION OF THE
NUMBER OF LOTS IN A CLUSTER DEVELOPMENT."
Present:
Supervisor Francis J. Murphy
Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
SUPERVISOR MURPHY: This is a Local Law to amend the Zoning Code. To be
read by Justice Edwards.
JUSTICE EDWARDS: "Public Notice is hereby given that there has
been presented to the Town Board of the Town of Southold, Suffolk County, New
York, on the 28th day of February, 1984, a Local Law entitled, "A Local Law to
Amend the Zoning Code in relation to the computation of the number of lots in a
Cluster Development," which reads as follows, to wit:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Subdivision A, of Section 100-136, of Chapter 100 (zoning) of the
Code of the Town of Southold, is hereby amended to read as
follows:
A. The maximum number of single-family lots that may be approved
in a cluster development shall be computed by subtracting from
the total gross area a fixed percentage of twenty percent (20%)
of said area and dividing the remaining eighty percent (80%) of
the area by [forty thousand (40,000) square feet.] the minimum
required lot area set forth in the Bulk and Parking] Schedule.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
Copies of said Local Law are available in the Office of the Town Clerk to
any interested persons during business hours. Notice is 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, Main Road, Southold, New York, on the
24th day of April, 1984, at 3:55 P.M., at which time all interested persons will
be heard. Dated: April 10, 1984. Judith T. Terry, Southold Town Clerk."
Page 2 - Public Hear j - Local Law
In relation to computation of number of lots in a cluster development
I have an affidavit of publication from The Long Island Traveler-Watchman,
and one from The Suffolk Times, and an affidavit from Judith Terry, Town Clerk
that it was posted on her Bulletin [~oard.
There is a recommendation from the Southold Town Planning Board: "Resolved
that the Southold Town Planning Board recommend approval of the two proposed
Local Law amendments entitled "A Local Law in relation to penalties for violastions
of the Southold Town Zoning Code" and "Local Law to amend the Zoning Code in
relation to the computation of the number of lots in a Cluster Development."
There is also a recommendation from the Suffolk County Department of
Planning: "Pursuant to the requirements of Sections 1323 and 1332 of the Suffolk
County Charter, the above referenced application which has been submitted to the
Suffolk County Planning Commission is considered to be a matter t:or local determ-
ination. A decision of local determination should not be construed as either an
approval or disapproval."
SUPERVISOR MURPHY: Thank you, Judge Edwards. You've heard the official
reading. Is there anyone here would like to comment in favor of this proposed
Local Law? (No response.) Anyone would like to speak in opposition to? (No
response.) Anyone like to make any comments at all? (No response.) If not,
I'll close the hearing.
Southold Town Clerk
LEGAL NOTICE
NOTICE OF ADOPTION
LOCAL LAW NO. 4- 1984
NOTICE IS HEREBY
GIVEN that the Southold
Town Board at a regular
meeting held on April 24, 19~4,
adopted Loc,a,1 Law No. 4 -
1984, entitled, A Local Law to
Amend the Zoning Code in
relation to the computation of
the number of lots in a Cluster
' Development," which reads
~ ~s follows:
I. Subdivision A~ of Section
100-136, of Chapter 100
(zoning) of the Cede of the
Town of Southold, is here-
by amended to read as fol-
lows:
A. The maximum number
of single-family lots
that may be approved
in a cluster develop-
ment shall be com-
puted by subtracting
from the total gross
area a fixed percentage
of twenty percent (20%)
of said area and divid-
ing the remaining eighty
percent (80%) of the
area by [forty thousand
(40,000) square feet.]
II. Tl~s Local ~aw shall take
effect upon its filing with
the Secretary of Stata.
JUDITH T. TERRY
SOUTHOLD
TOWN CLERK
1TM3-4552
STATE OFNEWYORK )
! SS:
COUNTY OF SUFFOLK )
SUSAN W. ALLAN of Greenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Greenport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which the annexed is
a printed copy, has been regularly published in
said Newspaper once each week for one
weeks successively, commencing on the 3 rd
day of May 19~
Principal Clerk
Sworn to before me this 3 rd
dayof May 19. 84
JUDITH A CHIEN
~JO ['AR'r' P!_!~J[ IC State of New York
N~ 4796131. Sufio;k County
COUNTY OF SUFFOLK
ss:
STATE OF NEYV YORK
NOTICE OF ADOPTION
NOTICE 1~ III~F.B¥ G1V-
EN that the SoUthotd T~n
~ ~t: a ~ me~ing
held oa ~. ~, ~opt-
Ame~.~ ~ C~e in
~la~on ~ the ~n of
· e number ~ ~ ~ ~uster
~vel~mZ~t,' w~ch ~ as
fo~ows:
BE ~ ENA~D
~old as ~s:
I, Sub~ A, ~ ~n
~u~ol~ ~ hem~ ~aded
to ~ ~ fol~:
A' ~e m~lmum n~r ~
~vea in a ~ ~p.
merit sh~ ~u~ b
~g ~ty ~ent
(~%) ~ ~ ~aby (fo~
H~ ~ ~ ~w shMI
~e~ u~ l~ ~g wi~ the
~ ~ S~te. '
DA~D~ A~ 24. 1~.
JUD~ T.
SO--OLD ~WN CLERK
1T-5/3/~(79)
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TR~VELER-WATCHA~,~N,
o public newspaper printed at Southold, in, Suffolk County;
and that the notice of which the annexed is o printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for /
........................................ weeks
successively, commencing on the ~
day o~ ~ .?...~..~. ;o £~/
Swam to before me this ................................ day of
............ .................... ,
COUNTY OF SUFFOLK
ss;
STATE OF NEW YORK
NOTICE OF PUBLIC
FIo'BLIC~NOTIC~ is hereby
given thn~ there has been
presented to, the TOWn Board
of the T,owo,=t~f. Southold,
Suffolk ~n~New York on
198~,~Law,en~i~e~,~ :.~ -~ A
Local~ to Amend the
Zonin~i~jJe ~n relation to the
co~n ~he number of
lots ~ ~i cluster Develop-
ment,~' ~hicK reads as fol-
lows, to ~it: ~
BE IT ENII~CTED by the
Town Board of thb Town of
sout~d as f~lows:
I..~..bdivisio~ A, of Section
ing) ~the Code of the Town of
Southbld, is hereby amended
to m~S as follows:
A, The maximum number of
single.family lots that may be
. approved in a cluater develop-
meat shall be computed by
subtracting from the total
gross area a fixed percentage
of twenty percent (20%) of
said area and dividing the
remaining eight percent (80%)
of the area.by [forty thousand
forth in ~e' Bull/and Parkin~
Sched¥1e.
H. This Local'Law shall take
effect upon its filing with the
Secretary of State.
Copies of said Local Law are
lvailable in the Office 9f the
town Clerk to any interested
~ersons during b u s i n e s s
lOUtS.
NOTICEIS FURTHER GIV-
iN that the Town Board of the
?own of $.outhold will hold a
mblic hearing on the aforesaid
~cal Law at the Southold
~own Hall, Main Road, South-
,Id, New York, on the 24th day
f April, 1984, at 3:55 P.M., at
~hich time all interested per-
oas will be heard.
IATED: April 10, 1984.
[ JUDTITlt T. TERRY
~ SOUTHOLD TOWN CLERK
IT:4/12/84(86)
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in, Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for ........................../.. ............ weeks
successively, commencing on the /~ ;~y
Sworn to before me this ........ rid. ................ day of
!~, 'I'ARy PUBLIC, State o~ No. 4728283
iai NOtices
LEGAL NOTICE
OTICE OF PUBLIC
RING ON LOCAL LAW
ILIC NOTICE is hereby
that there has been
Red to the Town Board
Town of Southold,
~unty, New York, on the
ay of February, 1984, a
Law entitled, "A Leeal
STATE OFNEWYORK )
) SS:
COUNTY OF SUFFOLK )
Law to Amend the Zoning
Code in relation to the com-
putation of the number of lots
in a Cluster Developmeat,,
which reads as follows, tn wit:
BE IT ENA~'FI~D by the
Town Board of the Town of
Southold as follows:
I. Subdivision A, of Section
100-136, of Chapter 100 (zon~
ing) of the Code of the
Town of Southold, is hereby
amended to read as roi-
lOWS: ,
A. The maximum number
of single-family lots that
may be approved in a
cluster development
shall be computed by
subtracting from the
total gross area a fixed
percentage of twenty
percent (20%) of said
area and dividing the
remaining eighty per-
cent (80%) of the area
SUSAN W. ALLAN of Greenport, in
said County, being duly sworn, says that ha/she is
by [forty thousand
(40,000) square feet.]
the minim? ?q~.?_
II. This Local Law shah take
offeet upon its filing with
the Secretary of State.
Copies of said Local Law are
available in the Office of the
Town Clerk to any interested
persons during business
NOTICE IS FURTHER
GIVEN that the Town Board
of the Town of Southold will
hold a public hearing on the
aforesmd Local Law at the
Southold Town Hall, Main
Road, Southold, New York, on
the 24th day of April, 1984, at
3:55 P.M., at which thne all
interested persons will be
heard.
DATED: April 10,
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
1TA12-4540
Principal Clerk
ekly
Dwn
~nw
~d is
,d in
th
JUDITH A. CHIEN
NOTARY PUBLIC, State of New York
.?(' 479613L Suffo',k County
u.r: ', Expiies March 30 ]9~-
Sworn to before me this 1 2 th
dayof April 1984