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Home My WebLink AboutLL-1988 #15 Local Law 15 1988 A Local Law in Relation to Zoning BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter i00 (Zoning) of the Code of =he Town of Southold is amended as follows: 1. Subsection B of Section 100-119.2 is hereby amended to read as follows: B. Ail buildings located on lots upon which a bulkhead, concrete wall, rip-rap or similar s~ructure exists and which is adjacent to tidal water bodies other than Sounds shall be set back not less than seventy-five (75) feet from the bulkhead. 1. The following exceptions will apply: (a) Buildings which are proposed landward of existing buildings; (b) Lands which are not bulkheaded and are subject to a de=ermination bM the Board of Town Trustees under Chapter 97 of the Code of the Town of Souuhold- (c) Docks, wharves, pilings, boardwalks, stairs, promenades, walkways, piers, which are accessory and separate from existing buildings ar accessory structures. 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 include matter being eliminated and do not use italics or underlining to indicate new matter. ~own o! Southold Local Law No....1.2 ................... of the year 19 ~.8. ....... in relation to Zoning A local law ..................................................................................... (insert title) Be it enacted by the ...... Tawu. ~o_~_rd .................................................... of the (Name of Legislative Body) of ...... .S.o.u..t.h.o..1.d~ .......................................................... as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is amended as follows: II. Subsection B of Section 100-119.2 is hereby amended to read as follows: Bo All buildings located on lots upon which a buikhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than Sounds shall be set back not less than seventy- five (75) feet from the bulkhead. 1. The following exceptions will apply: (a) Buildings which are proposed landward of existing buildings; (b) Lands which are not bulkheaded and are subject to a determintation by the Board of Town Trustees under Chapter 97 of the Code of the Town of Southold. (c) Docks, wharves, pilings, boardwalks, stairs, promenades, walkways, piers, which are accessory and separate from existing buildings or accessory structures. This Local Law shall take effect upon its filing with the Secretary of State. (If additional space is needed, please attach sheets of the same size as this and number each) (1) (Complete the certification in the paragraph WhiCh air,lies to the filing of this local law and strike out the matter therein which is not applicabi,e..) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. ~ 5 ...... of 19.8.8.... of the Town of. ~.o.~:~c~[L.d. .... was duly passed by the .. ~ov~..~c).~x:~ ......................... (Name of Legislative Body) on ..... ~.7..1.7. ............ 19 ..8.8...' 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.) I hereby certify that the local law annexed hereto, designated as local law No ..........of 19 ........ County City of the Town of ................ Village was duly passed by the ......................................... (Name of Legislative Body) not disapproved and was approved repassed after disapproval by the ............................ Elective Chief Executive Officer* and was deemed duly adopted on .................................. 19 ......... in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto,.designated as local law No .........of 19 ........ County __ City ottl~eTown of ................ Village on ............................. 19 ........ was duly passed by the ......................................... (Name of Legislative Body) not disapproved and was approved repassed after disapproval by the ............................ Elective Chief Executive Officer* on .................................. 19 .......... Such local law was submitted to the people by reason of a mandatory permissive referendum, and received the affirmative vote of a majority of the qualified electors voting general thereon at the special election held on ............................. 19 ......... in accordance with the applicable annual provisions of law. 4. (Subject to permissive referendum, and final adoption because no valid petition filed requesting referendum.) of the I hereby certify that the local law annexed hereto, designated as local law No .........of 19 ........ County City Town of ................ Village was duly passed by the ......................................... (Name of Legislative Body) not disapproved and was approved repassed after disapproval by the ............... :~. ........... Elective Chief Ex~fi-tive Officer* on .................................. 19 .......... 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 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, ii there be none, the chairman of the county legislative body, the mayor of a city or village or t .he_~.~pervisor ol a town where such officer is vested with power to approve or veto local laws or ordinances. (2) (City local law concerning Charter revision proud by petition.) I hereby certify that the local law annexed hereto, designated as local law No .........of 19 ........ of the City of ................................. having been submitted to referendum pursuant to the provisions of 37 of the Municipal Home Rule Law, and having received the affirmative vote of a special. majority of the qualified electors 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 local lawNo ......... of 19 ........ ~. 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 ? of section 33 of the Municipal 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. (If any other authorized form of final adoption has been followed, please provide an appropriate certifica- tion.) 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. officer designated by local legislative body Date: May 18, 1988 Judith T. Terry, Town Clerk (Seal) [Certification £o be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF .s..~...~?..o. ~.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. James A. Schonde~are, Town Attorney Title Date: May 18, 1988 ~k~x of' SoUthold Town .................................. (3) PUBLIC HEARING SOUTHOLD TOWN BOARD May 17, 1988 8:05 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO ZONING." Absent: Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilman George L. Penny IV Councilwoman Ellen M. Larsen Town Clerk Judith T. Terry Town Attorney James A. Schondebare Councilwoman Jean W. Cochran (out of town) Councilwoman Ruth D. Oliva (out of town) (b) (c) SUPERVISOR MURPHY: This is a hearing on proposed "Local Law in Relation to Zooming". The official notice to be t-e~d by JLIdge Edwards. JUSTICE EDWARDS: Thank you." PulSlic Notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 19th day of April, 1988, a Local Law entitled, "A Local Law in Relation to Zoning." 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 17th day of May, I988, at 8:05 o'clock P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Zoning" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: I- Chapter I(]0 (Zoning) of the Code of the Town of Southold is amended as foJlows: follows: adjacent to tidal water bodies other than Sounds shall be set back not less than seventy-five (75) feet from the (a) Buildings which are proposed landward of existing Pg. 2 LL - Zoning Copies of said Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: May 3, 1988. Judith T. Terry, Southold Town Clerk." I have proof of publication in the legal notice of the Suffolk Times, a publication in the Long island Traveler-Watchman, and proof of posti~g on the Town Clerk's BLdletin Board, signed by Judith T. Terry. I have a letter from the 5uffolk County, Director of Planning, Lee E. Koppelman, "A decision of local determination should not be construed as either an approval or disapproval.", he states in his letter. Another letter from the Chairman of the Town Planning Board, "The following action was taken, and Resolved that th~ Town Planning Board recommend approval to the Town Board the proposed local law in relation to Zoning, which pertains to setback from bulkheads_" SUPERVISOR MURPHY: Thank you, Ray. Youlve heard the official reading of the Proposed Local Law. la there anyone in the audience who would like to address the Town Board on the Proposed Local Law, either for or against? On the left? Mr. Moore? please identify yourself- WILLIAM MOORE: William Moore, resident of Southold Town- There are a few changes tonight to your zoning ordinance, and I just want to speak out in favor of this one. I'm glad to see that one layer of overlapping jurisdiction is being eliminated. It will eliminate a lot of work for one or the other of your zoning or Trustee boards, but applicants who come before different boards will no longer be faced with conflicting results going from one board to the other, a~]d back and forth again, and I applaud you. I hope you move on this quickly. I've got several clients who would love to continue on and not have to go in this case to the Zoning Board, having been to the Trustees already. But I'm glad to see you tearing down where you can overlapping jurisdiction. Thank you. SUPERVISOR MURPHY: Thank you, Bill. We're here only to serve the people and make it easier for them- Anyone else like to address the Town Boal-d? In the middle? Over on the right? (No response;J Any members of the Town Board like to make a comment on this proposed Local Law? (No response. J Hearing none 1'11 close this hearing. ~ Judith T. Terry~./ Southold Town Clerk il l!i~, '~LEGAL NOT[CE i PJ~BLIC HEAR[NO ~', NOI[c~ is ~R J: EN th~t ~Tm ~d oF ~e ~ ~rk oa h~ 7d~ ' COUNTY OF 5UFFOLK SLATE OF NEW 'FORK Editor. of THE LONG ISLAND TRAVELER ~,A]CHMAN,