HomeMy WebLinkAboutLL-1988 #16 Local Law , 1988
A Local Law in Relation to Zoning
BE IT ENACTED by the Town Board of the Town of Southold as
follows:
Chapter 100 (zoning) of the Code of the Town of Southold
is amended as follows:
1. Section 100-131 is hereby amended by adding
s~bdivision "D" to read as follows:
D. Architectural features. That the architectural
features of proposed buildings and signs are in
character with that generally prevailing in the
neighborhood. _
This Local Law shall take effect upon its filing with the
Secretary of State.
this office on__ 6/20/88 __
(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.
~lt~ of ... ~.o. ut-ho;L.4 .......................
Town ....................
g/~illage
Local Law No ...... 1..6 ................. of the year 19 8..8 ........
A local law .... .i.n...r.e. ], .~.t.~ 9.n...'g.o.. :~.o.~. :j.p.g...( .S.i.t.e..P.I p.n...Ap.p..r'gy.a.I) .............................
(Insert title)
Be it enacted by the Town Board
.................................................................... :.. of the
(Name of Legislative Body)
Town
of ........ ~outhold ........................................................ as follows'~
Chapter 100 (Zoning) of the Code of the Town of Southold
is amended as follows:
1. Section 100-131 is hereby amended by adding Subdivision "D"
to read as follows:
D. Architectural Features. That the architectural features
of proposed buildings and signs are in character with
that generally prevailing in the neighborhood.
II. 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 applies to the filing of this local law and strike out the matter
therein which is not applicabl?)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No..l 6 ..... of 19.8.8 ....
of the~T°~w:~ orS. 9.u.~..13P.1. .d ...... was duly passed by the.. ~.q~zp..~o~rc~ .........................
(Name of Legislative Body)
xVjl.~e
on ...~{i~Y...~ J.,...ZP.8.8... 19 ........ '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
on ............................. 19 ........
was duly passed by the .........................................
(Name of Legislative Body)
not disapproved
and was approved
repassed after disapproval
by the ............................
Elective Chief £xecutive Officer*
and was deemed duly adopted on .................................. 19 ......... in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
ofthe
on ............................. 19 ........and was approved
repassed after disapproval
1 hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........
County
City
Town of ................ was duly passed by the (Name of Legislative Body)
Village
not disapproved
by the ............................
Elective Chief Executive Officer*
on .................................. 19 ..........Such local law was submitted to the people by reason of a
mandatory
. . re~erenaum, 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 applicable
annual
provisions of law.
4. {Subject to permissive referendum, and final adoption because no valid petition filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No.
County
of the___~wYn of ................ Village
........ of 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 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 E~ecutive 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 county legislative 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.
(2)
(City local law concerning Charter revision proposed 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
~36
provisions of :57 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 generm 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 law No ......... 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 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors
of thecities 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 ....... ~ .... above.
Date:
June 1, 1988
~ o t e Count~t'~egislative body, City, Tower Village Clerk or
officer designated by local legislative 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 ...~.U.f.f.9..~..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.
Signatur?
.James..A,. -$cAon~eba.~e.,..T~wn. -A%torney ....
Title
Date: June 1, 1988
Town
of Southold
(3)
PUBLIC BEARING
SOUTHOLD TOWN BOARD
May 17, 1988
8;07 P.M-
IN THE MATTER OF 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. $chondebare
Councilwoman Jean W. Cochran (out of town)
Councilwoman Ruth D. Oliva (out of town)
SUPERVISOR MURPHY: This a hearing of a proposed "Local Law in Relation
to Zoning". The official notice is to be read by Councilman Penny.
COUNCILMAN PENNY: I'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 19th day of April, 1988, a Local Law entitled, "A Local Law
it] Relations of 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, 5outhold, New York of the 17th day' of May,
1988, at 8:07 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 5outhold as follows:
I- Chapter 100 (Zoning) of the code of /he Town of Southold is amended
as follows:
1. Section 100-131 is hereby amended by adding subdivision "D" to
read as follows:
D. Architectural features. Tbat the architectural features of
proposed buildings and signs are in character with that
generally prevailing in the neighborhood.
II. This Local Law shall take efeect 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: May 3, 1988. Judith
T. Terry, Southold Town Clerk."
I have an affidavit of publication by the Suffolk Times, an affidavit of
publication by the Traveler-Watchman; an affidavit of posting by the Town
Clerk, posted on the Town Bulletin [3oard. I have the following communica-
tion from the County of Suffolk Department of Planning, Gentlemen: Pursuant
to the requirements of Sections A 14 14 to 23 of the Suffolk County Admin-
istrative Code, the above referenced application whcih 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. "Signed by Lee E- Kopppelman, Director of
Planning. The following communication is from the Planning Board, "The
Pg, '~ - LL - Zoning
followi ]g action was taken by the Southold Town Planning Board on Monday,
April 25, 1988. RESOLVED that the Southold Town Planning Board recom-
mend approval to the Town Board the proposed local ~aw in relation to
ZoninB, which pertains to Architectural features. RESOLVED that the Southold
Town Planning Board recommend approval to the Town Board the proposed
local law in relation fo Zoning, which pertains to setback from bulkheads.
Signed by Ben Or~owski, Chairman.
I have a communication from ~he Greenport Southold Chamber of Commerce,
dated"May 17, 1988. Town Board, Town of Southeld. Re: Amendment to Zoning
Code Increasing Powers of the Planning Board. The Board of Directors of the
Greenport-$outhold Chamber of Commerce, Inc. request that you postpone the
adoption of Subsection D~o~ Section Ig0-181 of the Code of the Town of Bouthold
for the fd[Iowing reasons:
I. It would appear that the members of the Town Board are unaware of the
activities of its Codes Committee. Since December 1987 the Codes Committee has
been studying the scope of the powers of the Planning Board. At its May
1988 meeting it did not even reach that section of the proposed site plan ordi-
nance dealing with architectural review.
[5 today's legislative hearing an example of piece-meal procedures advocated
by some when they chapion the adoption of new laws together with a promise
to amend the laws if they don't work out in the future?
~. The proposed legislatlon (like the proposed site plan ordinance) is very
loose in the terms it uses. For example, does the word "neighborhood" mean the
Town of 5outhold, or the individual hamlet whereon the proposed building is
going to be built, or the street or to a contiguous building, or a bClilding within
200 feet?
3. Similarly, what is meant by the term "Architectural features"? Nowhere in
the proposed leBislation is the term defined. Without definition, the term will
mean anything an unelected bureaucrat deems it to mean.
z~. Similarly, what is meant by "generally prevailing"? l~xcept in tract houses,
the architectural styles in the Town are diverse. Who is to state what style
should be allowed?
5. The legislation does not contain a clause exempting existing buildings which
may come under the provisions of Subsection 131 because of other provisions in
Section 100. This section is not restricted only to new buildings.
6. In the years that zoning has existed in Southold Town no one up to this
time ha~ publicly called for this amendment. At the very least a statement of
legislative findings and/or policy should have been included in the proposed
legislation to explain the need for the increased powers deemed necessary for the
unelected Planning Board,
7. The area of architectural preferance is highly subjective. Beauty is in the
eyes of the beholder. Who should make the decision of what is acceptable?
Should it be an unele~ted bureaucrat? 5hound it be a group of neighbors who
have included covenants in the deeds to the lots Jn the '~neighborhood"? Should
it be the ownel' of the property? To what extent should government interfere
in property rights?
8. The proposed ordinance is deficient in that Jt does not provide due process
appeal for an aggrieved property owner to an elected Town Board. Only an
expensive Article 78 proceeding is available.
9. The proposed ordinance should be considered as a part of the revised
zonit~g ordinance currently being drafted by the Town Board, rtot as a free-
standing entity.
Thank you, Sincerely, John H. Berryman, Director by direction of the Board of
Directors." There are no f'urther communications.
SUPERVISOR MURPHY: Thank you, George. You have heard tile official reading
of the Proposed Local Law . is there anyone in the audience, who would like to
comment on this Proposed LocaJ Law, either for or a~ainst? (No response) Over or~
my left? (Ho response) ~.{iddle? (No response) Over on tbe right? (No response)
Hearing none, are there any Town Board members who wish to comment? (No
response) Hearing none, I will close the public heari~]g.
~' ~Judith T. Terry,
Southold Town Clerk
COUNTY OF SUFFOLK
STALE OF NEW YORK
patrJcia Wood. being duly sworn, sa,,s that she {s the
Edirol, of THE LONG ISLAND TRAVELER-I.~,~TCHMAN.
~ public nex~spaper printed at Southold, in Suffolk C.unr};
and that the notice of which the annexed is a printed cop~,
has been published hi sa?d Long Island Trx','eler-W,Llchman
~ ;~~ ............ ~....~..:..
STATEOF NEWYORK )
} SS:
COUNTY OF SUFFOLK )
Chr±~tina conLento of Greenport, in
said County, being duly sworn, says that he/she is
Principel Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Greenport, in the Town
of Southold. County of Suffolk and State of New
Principal Clerk