HomeMy WebLinkAboutLL-1986 #14 LOCAL LAW NO. 14 1986
A Local Law in relation to affordable housing
BE IT ENACTED by the Town Board of the Town of Southold as follows:
(additions indicated by ,underline; deletions by [brackets])
Chapter 100 (Zoning), Article VA, Section 100-55.7C(2) of the Code
of the Town of Southold is amended as follows:
(2)
On land within an AHD District containing more than ten (10)
acres of land, [the number] not less than fifty (50%) percent
of the dwelling units [and] and/or unimproved lots therein,
[to] shall be reserved for sale or lease to moderate income
families ._ [shall be as follows:
(a) Not less than ten (10%) percent of the dwelling units
shall be reserved for lease to moderate income families.
(b)
Not less than ten (10%) percent of the dwelling units
shall be attached dwelling units reserved for sale to
moderate income families.
(c)
Not less than twenty (20%) percent of the dwelling units
shall be one-family detached dwelling units reserved for
sale to moderate income families.
(d)
Not less than ten (10%) percent of the unimproved lots
therein shall be reserved for sale to moderate income
families. ]
I1. 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 should be given as amended. Do not use brackets for matter to be eliminated 'and do not
use italics for new matter.
~OWll
Local Law No ............... .1...q. ...................................... of the year 19 ~.6. ........
A local law in relation to affordable housing
(l.~eet titlo}
Town Board
Be it enacted by the ......................................................................................................................................... of the
(Name o~ Legislative Body)
~ Southold
of .............................................................................................................................................................. as follows:
Town
Chapter 100 (Zoning), Article VA, Section 100-55.7C(2) of the Code of the Town
of Southold is amended as follows:
(2}
On land within an AHD District containing more th~n ten (10) acres ~f
land, not less than fifty (50%) percent of the dwelling units and/or
unimproved lots therein shall be reserved for sale or lease to moderate
income families.
II. This local law shall take effect upon its filing with the Secretary of State.
additional space is neededv please attach sheets of the same size as this and number each)"~
(Complete the certification inthe paragraphwhleh applies to the filing of this local law and strike .out the
matter therein which is not applicable.)
(Final adoption by local legislative body only.)
1. I hereby certify that the local law annexed hereto, designated as local law No. ,.l..t}.. ............ of 19...~.6..
of the C:5'ty of ....... .S...o..u..~.h...o.l..d. ............ was duly passed by Town Boa rd
Town .......................... i~";~' ~';~i;'~[13;' 'i~;'~};)' ...........................
on.....N..o..v..e...m...b..e...r....1...8. .............. 19...8..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 ................................................ 29 ........ and was approved by the .......................................................
repassed after disapproval Elective Chief Executive Officer
and was deemed duly adopted on ........................................................ 19 ........ , in accordance with the applicable
provisions of law.
(Final adoption by referendum.)
3. I hereby certify that the local law annexed hereto, designatedaslocal law.No ................... of 19 ..........
County
.... City
orme;Town of ......................................was duly passed by the ......................................................................................
(Name of Legislative Body)
Village not disapproved
on ................................................... 19 ........ and was approved by the ...............................................................
repassed after di-sapproval meetlve Chief I~xecutive Of/leer
on ..................................................................... 19. ........ Such local law was submitted to the people by reasofl' of a
mand. ato.ry 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 ~l~'thh' ~ppll-
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, designaled 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 Executive Officer
.............................................................. [9 ....... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
...................................................................... 19 ........ , in acco rdance 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 board 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.
(City local law concerning Charter revision proposed bi petition.)
5. I hereby certify that the local law annexed hereto, designated as local law No ..................... of 19 ........
r . . .hawng been submitted to referendum pursuant to the
of the City o~ ............................... '
~ 36
provisions of 37 of the Municipal Home Rule 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 Charter.)
6. [ 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 having 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.
(I[ 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 ........... t ............... above.
~ Clerk of the ~oard of Supervisors, City,.t~n or Viii g C k or Officer
designated by Local Leg'q~la~ive Body
Judith T. Terry, Town Clerk
Date: November 20, 1986
(Seal)
(Certification to be executed by County Attorn.ey, Corporation Counsel, Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF ...5.U. EF..O. LK ............................
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 O[f,cer)' Robert W. Tasker, To n
C~[~yx Attorney
of ................... ..S...o..u...t..h..o..!..a. .........................
Town
Dated: November 20, 1986
PUBLIC HEARING
SOUTHOLD TOWN BOARD
OCTOBER 21, 1986
8:00 P.M.
IN THE MATTER OF A PROPOSED LOCAL LAW ENTITLED, "A LOCAL LAW IN
RELATION TO AFFORDABLE HOUSING (amendment).
Present:
Supervisor Francis J. Murphy
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Councilman George L. Penny IV
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
SUPERVISOR MURPHY: At this time it's 8:00 o'clock and we are going to have a
public hearing on a proposed Local Law entitled, "A Local Law in relation to
affordable housing." I'd like to ask Councilman Penny to do the official reading.
COUNCILMAN PENNY: "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 23rd
day of September, 1986, a Local Law entitled, "A Local Law in relation to affordable
housing." 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 21st day of October, 1986, at 8:00 o'clock P.M.,
at which time all interested persons will be heard. This proposed "Local Law in
relation to affordable housing" reads as follows:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
(additions indicated by underline; deletions by [brackets].
I. Chapter 100 (Zoning), Article VA, Section 100-55.7C(2) of the Code of the
Town of Southold is amended as follows:
(2) On land within an AHD District containing more than ten (10) acres of
land, [the number] not less than fifty (50%) percent of the dwelling
units [and] and/or unimproved lots therein, [to] shall be'~:eserved for
sale or lease to moderate income families . [shall be as follows:
(a) Not less than ten (10%) percent of t~e dwelling units shall be
reserved for lease to moderate income families.
(b) Not less than ten (10%) percent of the dwelling units shall be
attached dwelling units reserved for sale to moderate income
families.
(c) Not less than twenty (20%) percent of the dwelling units shall be
one-family detached dwelling units reserved for sale to moderate
income families.
(d) Not less than ten (10%) percent of the unimproved lots therein
shall be reserved for sale to moderate income families.]
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. Dated: October 7, 1986, Elizabeth A.
Ne¥11~, Southold Deputy Town Clerk."
Page 2 - Local Law - Aff~ Jable Housing
I have an affidavit of publication from The Suffolk Times, and an affidavit of
publication from The Long Island Traveler-Watchman, and we have a notice of
posting by the Town Clerk that this has been posted on the Town Clerk's Bulletin
Board.
We have correspondence from the County of Suffolk Planning Department:
"Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter,
the above referenced application has been submitted to the Suffolk County Planning
Commission is considered to be a matter for local determination. A decision of local
determination should not be construed as either an approval or disapproval." That's
from Lee Koppelman.
We have correspondence from our Planning Board: "The following action was
taken by the Southold Town Planning Board, Monday, October 6, 1986. Resolved
that the Southold Town Planning Board refer to the Southold Town Board the follow-
ing recommendation with regard to the proposed Local Law in relation to affordable
housing: It was the Planning Board's original recommendation on the Affordable
Housing District that Section 100-55.7C(2) be amended and the Board has not changed
their position on this. Attached is a copy of the Planning Board's prior correspondence
on this matter and a copy of the May 19, 1986 resolution. Also attached for your
review is a copy of the memorandum of Szepatowski Associates which includes this
recommendation, tf you have any questions, please don't hesitate to contact our
office. Very truly yours, Bennett Orlowski, Jr., Chairman, Southold Town Planning
Board."
There is no further communication.
SUPERVISOR MURPHY: Thank you, George. You've heard the official reading of
the official notice of this public hearing. Is there anyone who would like to address
the Town Board on this proposed Local Law? George.
GEORGE WETMORE: I'm the Third Vice President of the Greenport-Southold Chamber
of Commerce, and I've been asked to speak on their behalf tonight, for the Board of
Directors, on affordable housing. The Directors met Monday, and being about two
years, we are asking again to the Town Board to please take the necessary action
to bring affordable housing a reality soon in Southold Town. Thank you.
SUPERVISOR MURPHY: Anyone else like to address the Town Board? Pro, Con,
any way ?
JOHN COSTELLO: I would just say that---my name is John Costello. I would just
like to say that I am not a developer, but i've associated with many developers here
in the last nine months or so, and they were very concerned that the present
affordable housing law was restrictive and going to stop this development in Southold
Town, and the main item was these restrictions. The percentages. It was like a
donation to the Town. On the next section of it, I'm sure everybody was willing to
cut their profits and they were unable to, with the percentages. I've had several
of them back out, and that clause, as it has been revised--being proposed for
revision--was the biggest objection in the law, and I hope it's passed. Thank you.
SUPERVISOR MURPHY: Thank you. Anyone else like to address the Town Board?
(No response.) Any comments at all? Any Town Board members? (No response.)
If not, I would like to close this public hearing on a proposed Local Law.
Judith T. Terry
Southold Town Clerk
IhI~I~.~4OTICE
NOT]~CE OF
PL BI.I( HI ARING
ON I 0(7,\[, I_AW
PUBlic NI)I'I('I: is hereby
given that ttlcre has been
presented to the E~wn Board of
the Town ol Southold, Suffolk
County, New '~brk, c,n the 23rd
day of September, 1986, a Local
Law entitled, "A Local Law in
relation lo affordable housing:'
NOTICE IS FURTHER GIV-
EN that the lbwn 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 21st day of
October, 1986, at 8:00 o'clock
P.M., at which time all interested
persons will be heard.
This proposed "Local Law"
in relation to aflbrdable housing
reads as follows:
BE IT ENACqED by the
Town Board of the lown of
Southold as lbllows:
(addition.,; indicated in bold;
deletions by [bracketsl)
I. Chapter 100 (Zoning), Article
VA, Section 100-55. 7C (2) of
the Code of the ~l~,wn of
Southold is amended as follows: ~'
(2) On ]:and within an AHD
District containing more than
ten (10) .acres of land, [the
number] not less than fifty
($0%) percent of the dwelling
units [and] and/or unimproved
lots therein, [to] shall be reserv-
ed for sale or lease to moderate
income families. [shall be as
follows:
(a) Not less than 10 (10%) per-
cent of the dwelling units shall
be reserved for lease to moderate
income families.
(b) Not less than ten (10W0)
percent of the dwelling units
shall be attached dwelling units
reserved for sale to moderate in-
come families.
(c) Not less than twenty
(20%) percent of the dwelling
units shall be one-family detach-
ed dwelling units reserved for
sale to moderate income
families.
(d) Not less than ten (10070)
percent of the unimproved lots
therein shall be reserved lbr sale
to moderate income familiesJ
IL This local law shall take el~
feet 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.
DATED: October 7, 1986.
ELIZABETH A. NEVILLE
SOUTHOLD DEPUTY
TOWN CLERK
IT-10/9/86(38)
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
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 T£aveler-Watchman
once each week for .................. ./. ....... weeks
successively, commencing on the . . ~ i~
Sworn to before me this
..................... day of
.................. 19. ~.'.
Notary Public
BARBARA FORBES
Notary Public, State of New York
No. 4806846
Qualified in Suffolk Court
Commission Expires ~ 3/ 19 °a~'
LEGAL NOTICE
NOTICE OF
PUBLIC HEARINt
ON I,OCAL L
h~reby
given that there has been pre-
}tall, Main Road, Southold, New
sons will be heard
SOUTItOLD
I)EI~UTY TOWN CLERK
STATE OF NEW YORK )
) SS:
~qOCOUNTY OF SUFFOLK }
Carol Sqarlata
~l[l of Greenpo~, in
said County, being duly sworn, says that he/she is
Principal Clerk of ~E SUFFOLK TIME~, a Weekly
Newspaper, published at Greenpo~, in the Town
of Southold, County of ~ffolk and State of New
York, and that the Notice of which the annexed
a printed copy, has been regularly published in
said Newspaper once each week for
weeks successively, commencing on the
dayof OcLobe~ 19 86
r~lnoIpal ClerK
Sworn to befo~s ~
day of ~ ~ 1~
- ~A~ PuBUC, s~e of N~ York
4~498~0
~- Suffolk County