HomeMy WebLinkAboutLL-1989 #03LOCAL LAW NO. .- 1989
A Local Law in Relation to Zoning
BE IT' ENACTED by the Town Board of.the Town of Southold as follows:
I. Chapter 100 of the Code of the Town of Southold (Zoning) is hereby amended
as follows:
1. Section 100-31 [Use Regulations) is hereby amended to read as follows:
"In an A-C, R-80., R-120, R-200 and R-400 District, no building or
premises shall be used, and no building or part of a building shall
be erected or altered which is arranged, intended or designed to be
used, in whole or in part, for any uses except the following:"
2. Section 100-31.B(14) (Accessory Apartment) is hereby amended by
adding a new paragraph (q') thereto, to read as follows:
(q)
No bed and breakfast facilities, as authorized by Section 100-31B(15):
hereof, shall be permitted in or on premises for which an accessory
apartment is authorized or exists.
3. Section 100.31.B(15) (Bed and Breakfast Facilities) is hereby amended by
adding a new paragraph (b) thereto, to read as follows:
No accessory apartment, as authorized by Section I00-31~3(14) hereof,
shall be permitted in or on premises for which a bed and breakfast
facility is authorized or exists.
Section 100-181 (Cluster Development) is hereby amended by adding a new
paragraph O. thereto, to read as follows:
Notwithstanding the foregoing, the Town Board may, in its discretion,
accept an offer for dedication to the Town, of the open space and/or
common lands created by the use of the provisions of this Article.
5. Section 100-281.A (Building Permits) is hereby amended by adding a new
paragraph (7) thereto, to read as follows:
An application for a building permit for construction on a vacant lot,
which is not on an approved subdivision map, shall be accompanied
by a certified abstract of title issued by a title company which shall
show single and separate ownership of the entire lot prior to April 9,
1957.
6. Section 100-284.1(d) is hereby amended to read as follows:
(d) Pre-existing dwellings: one hundred dollars ($'100.00).
7. Article XXlil [S'upplementary Regulations) is hereby amended by adding
thereto a new Section 100-239d to read as follows:
Section 100-239d Building Setback from Water Bodies and Wetlands.
Notwithstanding any other provisions of this chapter, the following
setback requirements shall apply to ail buildings located on ~ots
adjacent to water bodies and wetlands:
A. Lots
Co
adjacent to Long Island Sound.
All buildings located on lots adjacent to Long Island
Sound, and upon which there exists a bluff or bank
landward of the shore or beach, shall be set back
not less than one hundred (100) feet from the top
of such bluff or bank.
Except as otherwise provided in Subsection A(1)
hereof, all buildings located on lots adjacent to
Long Island Sound shall be set back not less than
one hundred (100) feet from the ordinary high-
water mark of Long Island Sound.
All buildings located on lots upon which a bulkhead,
concrete wall, riprap or similar structure exists and
which is adjacent to tidal water bodies other than
sounds shall be set back not less than seventy-five
[7'5) feet from the 'bulkhead. The following exceptions
will apply:
(1) Buildings which are proposed landward of existing
buildings.
Lands which are not bulkheaded and are subject
to a determination by the Board of Town Trustees
under Chapter 97 of the Code of the Town of
Southold.
(3)
Docks, wharves, pilings, boardwalks, stairs,
promenades, walkways, piers, which are accessory
and separate from existing buildings or accessory
structures.
All buildings located on lots ajdacent to any freshwater body
shall be set back not less than seventy-five (7'5) feet from
the edge of such water body or not less than seventy-five
(7'5) feet from the landward edge of the freshwater wetland,
whichever is greater.
This Local Law shall take effect upon its filing with the Secretary of State.
3/30/89[~', ,,'~'~
Date _ £-~ L~,'
Local Law(s) No r 3
Year 1989
Municipality Town of- Southold
Please be advised that the above-referenced material was received'~hd filed by
this:office on :~. 3/23/89
Additional forms for filing local laws with this office will be forwarded upon
request.
~836~]2-004 (4187)
NYS Department of State
Bureau of State Records
NYS Depart~'~ht of State
Bureau of Sta..~ Records
162 Washington Avenue
Albany, NY 12231-0001
To~ of Southold
Office of the To~ Clerk
To~ of Southold
To~ ~11
53095 ~in Road
P.O. Box 1179
Southold, ~ 11971
(Please Use this Form [or Filing your Local Law with the Secretary o! 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.
Town of 8outhold ............
Local Law No ......... 3. ............... o! the year 19.8.9. .......
In Relation to Zoning
AIocallaw ........................................................................ .............
(Inserttitle)
Town Board of the
Be it enacted by the .......................................................................
{Name of Legislative Body)
Town
Town of Southold
of ........................................................................... as follows:
1. Chapter 100 of the Code of the Town of Southold (Zoning) is hereby amended
as follows:
1. Section 100-31 (Use Regulations) is hereby amended to read as follows:
"In an A-C, R-80, R-120, R-200 and R-400 District, no building or
premises shall be used, and no building or part of a building shall
be erected or altered which is arranged, intended or designed to be
used, in whole or in part, for any uses except the following:"
2. Section 100-31.B(14) (Accessory Apartment) is hereby amended by
adding a new paragraph (q) thereto, to read as follows:
(q)
No bed and breakfast facilities, as authorized by Section t00-31B(15)
hereof, shall be permitted in or on premises for which an accessory
apartment is authorized or exists.
3. .Section 100r31B(15) (Bed and Breakfast Facilities) is hereby amended by
adding a new paragraph (b) thereto, to read as follows:
(b)
No accessory apartment, as authorized by Section 100-31B(14) hereof,
shall be permitted in or on premises for which a bed and breakfast
facility is authorized or exists.
4. Section 100-181 (Cluster Development) is hereby amended by adding a new
paragraph O. ~hereto, to read as follows:
Notwithstanding the foregoing, the Town Board may, in its discretion,
accept an offer for dedication to the Town, of the open space and/or
common lands created by use of the provisions of this Article.
5. Section 100-281.A (Building Permits) is hereby amended by adding a new
paragraph (7) thereto, to read as follows:
70
An application for a building permit for construction on a vacant lot,
which is not on an-approved subdivision map, shall be accompanied
by a certified abstract of title issued by a title company-which shall
show single and separate ownership of the entire lot prior to April 9,
1957.
{If additional space is needed, please attach sheets of the same size as this and number each)
(1) '
6. Section 100-284.1(d) is hereby amended to read a~ follows:
(d) Pre-existing dwellings: one hundred dollars ($100.00).
7. Article XXIII (Supplementary RegulationS)is hereby amended by adding
thereto a new Section 100-239d to read as follows:
Section 100-239d Building Setback from Water Bodies and Wetlands.
Notwithstanding any other provisions of this chapter, the following
setback requirements shall apply to all buildings located on lots
adjacent to water bodies and weglands:
A. Lots adjacent to Long Island Sound
(1)
Ail buildings located on lots adjacent to Long Island
Sound, and upon which there exists a bluff or bank
landward of the shore or beach, shall be set back
non less than one hundred (100) feet from the top
of such bluff or bank.
(2)
Except as otherwise provided in Subsection A(1)
hereof, all buildings located on lots adjacent to
Long Island Sound shall be set back not less than
one hundred (100) feet from the ordinary high-
water mark of Long Island Sound.
Ail buildings located on lots upon which a bulkhead,
concrete wall, riprap 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. The following exceptions
will apply:
(1) Buildings which are proposed landward of existing
buildings.
(2)
Lands which are not butkheaded and are subject
to a determination by the Board of Town Trustees
under Chapter 97 of the Code of the Town of
Southold.
(3)
Docks, Wharves, pilings, boardwalks, stairs,
promenades, walkways, piers, which are accessory
and separate from existing buildings or accessory
structures.
Ail buildings located on lots adjacent to any freshwater body
shall be set back not less than seventy-five (75) feet from
the edge of such water body or not less than seventy-five
(75) feet from the landward edge of the freshwater wetland,
whichever is greater.
II. This Local Law ~hall take effect upon its filing with the Secretary of State.
(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.e..)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No .... 3. .... of 19.8..9. ....
]~i~ Southotd Town Board
of the To~vn of ................ was duly passed by the ............ '(fi~ ~f'£e~li~i~e'~l~)' ...........
on..~.a.r..c.h... ~.4..: ............ 19..8..9....' 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.)
[ hereby certify that the local law annexed hereto, designated as local law No ..........of 19 ........
County
.. City
ot t,e Town of ................ was duly passed by the ............ ~fi;~ggf't~e~i'sl~;i~'t~o'a~' ...........
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 accordance with the applicable
prowsions of law.
(Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........
County
. . City
ot tr~e Town of ................ wasduly passed by the .........................................
(Name of Legislative Body}
Village
not disapproved
on ............................. 19 ........and was approved by the ............................
repassed after disapproval 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.
(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 .........of 19 ........
County
City
of the Town of ................
Village
on ............................. 19 ........
was duly passed by the .........................................
(Name of Legislativ~ 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 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 county legislative body, the mayor of a city or village or the supervisor o! a town where such
officer is vested with power to approve or veto local laws or ordinances.
(2)
t
(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
offS76 of the Municipal Home Rule Law, and having received the affirmative vote of a
provisions
special
majority of the qualified electors of such city voting thereon at the genera 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 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.)
! 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: March 16, 1989
.~erk or the Co~nty'l~gislative body, Cit~, Tow~illage 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 authbrized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF ....S.u..f..f.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. '
. ./ . . . /. ......................
Signature
Robert H. BernCsson, Assistant Town Attorney
Title
Date: ~Iarch 16, 1989
~h~X of
Town
Southold
(3)
PUBLIC HEARING
SOUTHOLD 'TOWN BOARD
March 14, 1989
7:45 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RE-LATION TO ZONING."
Present:
Supervisor Francis J. Murphy
Justice Raymond 1N. Edwards
Councilwoman Jean W. Cochran
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Larsen
Assistant Town Attorney Robert Berntsson
Town Clerk Judith T. Terry
SUPERVISOR MURPHY: I'd like to officially open the first public hearing. It's on
a proposed "Local Law in Relation to Zoning." The official notice to be read by
Councilman Penny.
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
9th day of February, 1989, 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 14th day of March, 1989, at 7:45 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 100 of the Code of the Town of Southold (Zoning) is hereby
amended as follows:
1.Section 100-31 (Use Regulations) is hereby amended to read as
follows:
"In an A-C, R-80, R-120, R-200 and R-400 District, no building or
premises shall be Used, and no building or part of a building shall
be erected or altered which is arranged, intended or designed to be
used, in whole or in part, for any uses except the following:"
2. Section 100-31.B(14) (Accessory Apartment) is hereby amended by
adding a new paragraph (q) thereto, to read as follows:
(q) No bed and breakfast facilities, as authorized by Section
100-31B(15) hereof, shall be permitted in or on premises for
which an accessory apartment is authorized or exists.
3. Section 100.31.B(15) (Bed and Breakfast Facilities) is hereby
amended by adding a new paragraph (b) thereto, to read as follows:
(b) No accessory apartment, as authorized by Section 100-31B(14)
hereof, shall be permitted in or on premises for which a bed
breakfast facility is authorized or exists.
4. Section 100-181 (Cluster Development) is hereby amended by adding
a new paragraph O. thereto, to read as follows:
O. Notwithstanding the foregoing, the Town Board may, in its
discretion, accept an offer for dedication to the Town, of the
open space and/or common lands created by the use of the
provisions of this Article.
Pg 2 - LL Zoning
5.,.. Section 100-281.A (Building Permits) is hereby amended by adding a
new paragraph (7) thereto, to read as follows:
7. An application for a building permit for construction on a vacant
lot, which is not an approved subdivision map, shall be
accompanied by a certified abstract of title issued by a title
company which shall show single and separate ownership of the
~: entire lot prior to April 9, 1967.
6.Section 100-284.1 (d) is hereby amended to read as follows:
(d) Pre-existing dwellings: one hundred dollars ($100.00).
7. Article XXIII (Supplementary Regulations) is hereby amended by
adding thereto a new Section 100-239d to read as follows:
Section 100-239d Building Setback from Water Bodies and Wetlands.
Notwithstanding any other provisions of this chapter, the
following setback requirements shall apply to all buildings
located on lots adjacent to w.ater bodies and wetlands:
A. Lots adjacent to Long. Island Sound.
(1) All buidlings located on lots adjacent to Long Island
Sound, and upon which there exists a bluff or bank
landward of the shore or beach, shall be set back not
less than one hundred (100) feet from the top of
such bluff or bank.
(2) Except as otherwise provided in Subsection A(1)
hereof, all buildings located on lots adjacent to Long
Island Sound shall be set back not less than one
hundred (100) feet from the ordinary highwater mark
of Long Island Sound.
B. All buildings located on lots upon which a bulkhead,
concrete wall, riprap 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. The following exceptions will apply:
(1) Buildings which are proposed landward of existing
buildings.
(2) Lands which are not bulkheaded and are subject to a
determination by the Board of Town Trustees under
Chapter 97 of the Code of the Town of Southold.
(3) Docks, wharves, pilings, boardwalks, stairs,
promenades, walkways, piers, which are accessory
and separate from existing buildings or accessory
structures.
C. All buildings located on lots adjacent to any freshwater
body shall be set back not less than seventy-five (75)
feet from the landward edge of the freshwater wetland,
whichever is greater.
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: February 28, 1989. Judith T.
Terry, $outhold Town Clerk."
Pg 3 - LL Zoning
I have an affidavit of publication from the Suffolk Times, a like affidavit from
the Traveler-Watchman, an affidavit from the. Town Clerk, that th.is has been posted
on the Town Bulletin Board. I have a communication from the Planning Board,
Town of Southold, "Dear Mrs. Terry, The following action was taken by the
Southold Town Planning B~a:rd on Monday, February 27, 1989. Re's01Ved:that the
Southold ~wn Planning Board recommend to the Town Board to adopt the amend-
ments to the Zoning Code in relation to Local Law No. 1 - 1989. If you have any
questions, please do not hesitate to contact this office. Very truly yours,
Bennett Orlowski, Jr., Chairman." I have a communication from the County of
Suffolk. "Gentlemen : Pursuant to the requirements of Sections A 14-14 to 23 of the
Suffolk county Adizinistrative Code, the above referenced application which 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. Very truly yours, Arthur H. Kunz,
Acting Director of Planning." There are no further communications.
SUPERVISOR MLJRPHY: Thank you, George. I would just like to mention again,
there are some seats up here. You could come in the jury box. You don't have
to stand in the back. Okay. Is there anyone in the audience, who would like to
address the Town Board on this this proposed Local Law? Starting over here on
the left? (No response.) In the middle? (No response.) On the right? Yes,
sir?
JOEIN JAZWA: My name is John Jazwa, and I reside at North Sea Drive, between
Kenny's Road and Horton's Lane. '1 would like to know, what agency presented
this proposed law, in regard to dwellings adjacent to Long Island Sound, and what
is it's purpose and intent? What is it supposed to accomplish? I have a home that
has been on this property for twenty-eight years, and I'm concerned because the
way this reads, it' seems that we will have move our property back a certain distance
in order to comply with these particular regulations.
SUPERVISOR MURPHY: What this Local Law is doing, is bringing our Master Plan
up-to-date. We had this local' law in effect for many years, and it's to bring it
up-to-date with the Master Plan. It was eliminated when we passed the Master
Plan.
COUNCILMAN PENNY: It only pertains to new applications. It does not effect
anything that is existing.
SUPERVISOR MURPHY: This law has been in existence for some time.
COUNCILWOMAN OLIVA: He has no effect on you, sir.
SUPERVISOR MURPHY: It would have no effect on your property.
JOHN JAZWA: You're positive of this?
COUNCILWOMAN OLIVA: Yes.
COUNCILMAN PENNY: Do you have a house on the property?
JOHN JAZWA: It says, all building located.
COUNCILMAN PENNY: That'~s for new construction only.
JOHN JAZWA: New construction only?
Pg 4 .- LL Zoning
COUNCILWOMAN OLIVA: You've had your house. Riglit?
JOHN JAZWA: Yes.
COUNCILWOMAN OLIVA: Then there's no problem.
JOHN JAZWA: I'm not required to move it?
COUNCILWOMAN OLIVA: No. No.
SUPERVISOR MURPHY: Absolutely not. We would never do that. We've been
accused, of a lot o,f ithings, but we would never do that. Don't worry. Yes,
ma'am?
MRS. JAZWA: I'm Mrs. Jazwa. According to the way it's written in the paper,
it's says all buildings. Now, that does not mean anything new. As far as I'm
concerned, it should say any new buildings, not all buildings.
SUPERVilSOR MURPHY: Anything that's existing before the local law, we can
not change. We're not taking your right away.
MRS. JAZWA: That's not the way it's written in the paper.
COUNCI,LWOMAN LARSEN: But the section that it's going to be inserted is the
procedure you follow when you get a permit. When you get a permit for a new
construction, so they're telling you, when you come in, and you're applying for
this permit, that you have to meet this setback.
COUNCILWOMAN OLIVA: You're taking it out of context, that's the reason it
looks..
COUNCILWOMAN COCHRAN: Would you like to have the Town Attorney explain
this, please?
SUPERVISOR MURPHY: Would that make you feel better? Rob?
COUNCILWOMAN COCHRAN: I think it should come directly from Rob.
ASSIS'TANT TOWN ATTORNEY BERNTSSON:
the assistant Town Attorney.
Not to correct you, Jean, but
COUNCILWOMAN COCHRAN: I'm sorry. You just got a promotion, Rob, and
you didn't even know it.
ASSISTANT TOWN ATTORNEY BERNTSSON: As the Town Board has stated,
this will not effect your property in any way. Since it is under the Zoning Code,
that's being amended, you will technically have a non-conforming building as
far as that setback is concerned. However, there is nothing that's going to
require you to move your building to become withing the 75 feet. So it's any
building ~ that is going to be constructed from now on, and I think when it's in
context with the entire zoning ordinance, I think that becomes clearer.
Pg 5- LL Zoning
$'U'PERVISOR MURPHY: Is there anyone else in the middle, who~would like to
addres~ the Town Board on this proposed Local Law? (No response.) Over
here~ o,n the right? (No response.) Any Town Board members? (No response.)
If not, I'll close the public hearing.
Southold Town Clerk
PUI~I,iC N(31'ICF
Board Ul' etle J(n~ n of Southold.
Suffolk ('oun'y: 'Cow ~r~. oa
I.a~ in Rchrriol~ to ZonirlgY
M)r:cv IS IL~THER
GIVEN fflai iI~:: To,~n Bourd o1'
Iht Towr, o¢ Southol~ ~ iii hold
a public hearing on die a
[ oo.:1 I aw al thc Soulbold ~wn
Hall Main Road. Son:hold.
~c,a ~brk on Ibc i4ti~ da~ nf
which time all int*~e~led pm'.on>
~ iii he heard
Tiff< prop .~ed Iocal I ay,
Rdation lo Zoifiu~" i'cads
i'ollow<
BF IT [% [('1 ED by thc'lbwn
I. Ch,tptcr 101~ o f [l~c Cod0 of
~l~e Ibwl', nl'Sonihold (7onin~}
:. hcrcb> amendcd aq Ibllow<
Renu a o~-JN hereby amended
'qn an A.C. R-80. R-120.
I~ 2"" ,' R :,'~;, ~. ,'.. r,'
.
~ ~'.,''.OI [". ",.Il I · '.'.:"
;.' , ',i,, :,l: I,',' ..
.
follows: :;'" ,'.
.:iq) No .,bed~ an& breakfast
,~ .... lib.e:., .,~.,' qbe
whkh im acccq~ot~ upa,
amhnritcd nr
3. Section
· B~'and Bleak fast Facilities)
hereby:amended by '~dding a
n~v paragraph (b) there~ to,
, d N',,:, ',,,'~,., .... ' ....
I '"' ~.~1.''~ ',~ ,~'. , . ,
,, .~¢: =; 4. Sel~tto!?i00-181 (Cluster .,.
J Development) is hereby amend-
''' ed by addi£g a ;new paragraph
' in its disereticn..accept anoffer
: ¢or de.cation to the Town. of
the opS~ gpace and .hr common
lan~ created by the use of the
provisions of rhis A~ticle.
5. SeCtion 100-281.A'
¢ (Bulldog Permitsl is hereby
amended by adding,a new p, ara-
.-, graph (7) thereto, to read as
~'. [O OWS
t , ~. An appl cat on bra
{? '. Uuifd~g ~rmit for construction
.,, .on a v~ea~t,tO%':~hicb is nor an
;'., approved,subdwlsmn map. sha~
be accompanied by a certified ,
abstractof tide issuedby a tide
o)fimar,~ ~h;:h :hal! ~hc, u:
[be ~t~e lot )flor to April ¢
,,. amended to read as
one hundred dollars (5100.00).
amended by addLng thereto a
Wetlands.,
.,. Notwithstanding any other
prmi:_-ion's 6f this .chapter. the
[ii:~;i following setback requirements
i" shall apply to all buildings
,t,, located on lots adjacent to water
v b0di*s and wetlands:
Island.S0u~d .. . . .
ii; . (DAli bgilding~ locgted on
i'::i_ 10ts 'adjacent to Long Island
!q Sound, and upon which there
~[4 cxbts a bluff or ba~ land~ard
t,! of the shore or. beach, shall be
h l set b~ck not less,than.one hun-
'" dred (1~) feet from the mp of
sdch bhlff Or bank.
(2) Except a~ oi Ile~Sse plo-
vidcd m Sub,cclion A(1) hereof.
all buildings located on Iotq ad-
~[i~ jace,[ ta ~ng ~Istand, Sound
~ ~.:;shali be}e/back
lots'~upon which a bulkhead,
concrete wall, rlprap ot similar
s~:ru~iu:re exisU a~ii ~hich is~ ad-
jace~t t0. tid~ ~ate~ b~dies
:. ~ther than sounds shall be set'
~,~ back ~0t l&s t~a~ s~entY-five
(75) f~:from th~bulkhead, The
following ~c0pti0ns-wil[ apply:
.(1) Bu~ding~ ~ch'~ pro,
posed .landward of exi!ting
bulk~eaded and are subject to a
.etermi~t[~n by. the Board of
uthold ~ ~ .(
, ¢) Do'eks~ ~ha~es, pjh~figs,,
ardw~s, smlrs, ~promenades;
alkways,'~pier~,: ~hkh. ~e;
' cess0~d seP~O~ from
~ ing,~u~ldi~s: or
c. AH b~ildings located
:,lots adjacent m~any
~:bOdJ shall b~ ~¢1 ba,[ not
; the [~a~d:edg¢ ~f .he
~water W~hnd ~whichever
IL Th~s ~al Law sh~l ta~e
Secret~ :of,St&e: ;'r, .'. ~:
av~hble," ia,¢he~ Office o~ the
~rs0hs dufihg 6$Sihesb hofim
, DATED~ Fe~gPy. ~8 ~989
": ~ J~DITH~T' TERRY
lX 3/9/8901)
COUNTY OF SUFFOLK
SS:
STATE OF NEW YORK
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-Watchman
once each week for ...................... / .... weeks
successively, commencing on the .......... .~..~. ........
Sworn to before me this ........... .//..~..'--~..... day of
...... ?/~ ......... , ~9. _~?..
Notary Public
BA?.ARA A. $CHNEiDLt'R
,{.]OT~.RY PUBLh2, State of Ngw York
', NOTICE OF
PUBLIC HEARING
i; . ON LOCAL, LAW
PUBLiC NOTICE IS HEREBY
GIVEN ~ ~ Ires been pres~ted
to lhe' Town 1/oasd of the Town of
Sonthold, Suffolk County, New
York, on the 9th day of Febraary,
1989, a Local Law enliflcd, "A Local
Law in Relation to Zoning".
NOTICE IS FURTHER GIVEN
that the'To'zm Board of the Town of
iSonthold wR1 hold a public hcaring
on ~he aforesaid Local Law at the
Soathold Town Hall, Main Road,
South~d, New ~York, on the 14th day
of Mm'Ch, 1989, at 7:45 P.M_, at
which time all interested persons will
lafion. ~ Zoning" md~ as follows:
Board O? ~he Town-of Southold at
follows:'
I. C'h:iI~er 100 el~ the' Code o[ th,~'
Town of Southold (Zoning) is
ti:.h~reby amended hs follows:
!! I. Section lO0-31 (Use Regula-
'[: nons) is h~rgby amended tom~d
i!i::~ as fonows: ·
, ' building or premises shall be
· used, 'and no building or pan of
a building shall be erec~d or
almred which is arranged.
imendcd or designed m b~ used,
in wl!ol~ or in parg for any uses
except tbo fonowing:"
: :2, Section 100-31.1/(14) (Accass-
. ory Apartment) is hereby
amended by adding s neJw
paragraph (q) tbomto, to read as
(q) No bed and bmaki'a~t facili-
· ties. as authorized by Section
' .100-31B(lSLhereof; shall be
. permi~£ed.in or on pr~rdres
.~6r which an accessory
L;' : apartment, is authorized or
:graph Co) thereto, to read as fc~- 0n; !0ii i~j~e~i t~:~ freshwa~r wet!and, which~ ;
lows: l~ng ~lan,d SOUnd, and ' eVer is g~amr. ~
upon whick there exists
'a bluff or bank landward
of the shore or beach.
shall be set back, not
less than one hun~:d
(100) feet from the ~p
of such bbaff of bank.
(2) Except as otherwise
provided in Subsection
A(1) boreof, all build-
ings loosed on lo~s ad-
jaC~'nt m Long Island
Sound shall be set back
no~ less than one heR-
ded (100) fee~ from the
ordinary highwater
mark of Long Island
Senn&
B. All buildings located on
loLs upon which a bulk-
head, concise wall, fiprap
or similar s~rucRm~ exists
and which is adjacent to
tidal water bodies other
than sounds shall bo sex
back not less than sev-
enty-five (75) feet from
the bulkhead. The fei:
ldwing e×oapfions Will
apply:
(1) Buildings which
prOpoSed landward of
· existing buildings.
(2) Lands which ar~ no£
jec~ to a determination
by the Board of Town
"~-us~es onder Chapter
97 of the Code of the
Town of Southold:
(3) Docks, wharws,
pRings, boardwalks,
stairs, promenades,
wa~kways, piers, which
am aor~ssory and
ra~e from exiiting
buildings or accessory
C. All buildings located on
lo~ adjacent to any flesh-
fo) No accessory aparan~as
authorized by Section 100T
31B(14) hereof, shah be
permitted in or on promises
· for which a bed breakfast fa-
cilRy is authorized or exisLs.
4~ Section 100-181 (Cluster De-
velopment) is hereby amended
by adding a new paragraph O.
thereto; to mad as follows:
O. Notwithstanding the fore-
go~g, the Town Board may,
in' ils discretion, accept an
offer for dedication to the
Town, of the open spacn
and/or common lands created
by the.use of the proyisiuns
or,his Article~
5. Section 100-251.A (B~ilding
Permits) js hereby amended by
adding a new paragraph (7)
themur, to ~v. ad as follows:
7. An application fora building
permit for onnstmcfiun on a
vaaant lot, which is not an
approved subdivision map,
shall be accompamed by a
' certified abstract of title is-
sued by a ~3e .company
which shall ~how single and
separate ownership of the
entire lot prior to April
1957.
6. Section 100~284.I(d) is hereby
amended to ~ad as fellows:
(d) Pre-existing dwellings: one
.hondmd dolla~ ($100.00).
7. Arecle XXNI (Supplementary
Re~ularinns) is hereby amanded
by ~ding there£o a new Section
100-239d to read as follows:
Section 100-239d Building
bacl~ from Water Bodies and
· We0znds.
Notwithstanding any other
provisions of fids chapter,.
the following setback r¢-
qui~emenLs shall apply to all
buildings located on lo~s ad~
jacent to wamr bodies and
H_ TI~ Local Law shall take effect
upon its fding wi~h the Se. cra~ary
of Stare.
Copies of said Local Law are
available in the Off.ge of the Town
Clerk to any interested persor~ during
business hours.
DATED: Febroary 28. 1989.
JUDITH T. TERRY
$OUTHOLD TOWN CLERK
6213-1TM9
has been regularly published in
eh week for 1 weeks
on the 9 day o!
Principal Clerk
i:i~. c~ists. . w~,lands: water body shall .bo',_set
~.' 3. Section I00.31B(15) (Bed and A. Lots adjacent to Long back not less than:~sev-
';' 1/r~ckfas~ Faeilifies).is hereby Island Sound.
iq . · enty;f?_e (75) fee~t from
~ .. am~rded by Mdmg a new para- ·
L[