HomeMy WebLinkAboutLL-1989 #08 LOCAL 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 (Zoning) of the Code of the Town of Southold is hereby
amended to read as follows:
1. Section 100-31A[2) is hereby amended to read as follows:
[2) The following agricultural operations and accessory uses
thereto, including irrigation, provided that there shall be
no storage of manure, fertilizer or other odor- or
dust-producing substance or use. except spraying and dusting
to protect vegetation, within one hundred fifty (150) feet of
any lot line:
I1.
This Local Law shall take effect upon its filing with the
Secretary of State.
615189 .......
Date
Local Law(s) No. 7, 8 & 9
Year 1989
' Municipality Town of gouthold
·; Please be advised that the above-referenced material was received and filed by
this office on 5/31/89
:.i;Ir; :A~dditional forms for filing local laws with this office will be forwarded upon
.: 'fl ;r~ques t.
NYS Department of State
Bureau of State Reco/d$
NYS Departr'~""~ of State
Bureau of St3,._ Records
162 Washington Avenue
Albany, NY 12231-0001
Town of Southold
Office of the Town Clerk
Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971
(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.
Town
of Southold
Local Law No ..... .8 ................... of the year 19.8.9. .......
A local law .... I.n.. ~.l?.t.i.op..to..~..o.~.i p..q ..........................................................
(Insert title)
Be it enacted by the ............ .T.o..w.n., ~.o.a.r..d .............................................. of the
(Name of Legislative Body)
)C6~aXy
Town
of .................. Town of Southold as follows:
II.
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended to read as follows:
1. Section 100-31A(2) is hereby amended to read as follows:
(2)
The following agricultural operations and accessory uses
thereto, including irrigation, provided that there shall be
no storage of manure, fertilizer or other odor- or
dust-producing substance or use, except spraying and dusting
to protect vegetation, within one hundred fifty (150) feet of
any lot line.
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,e..)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No...8 ...... of 19 ..8.9. ....
of the T~wn of .... S. 9.u.t.h.°.l.d.... was duly passed by the ....T.o..w.n...B.o. af.d. .........................
(Name of Legislative Body)
on .... .M..a.Y...2..3. t ............. 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.)
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.)
ofthe
on ............................. 19 ........ and was approved
repassed after disapproval
I 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
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.)
ofthe
on ............................. 19 ........ and was approVed
repassed after disapproval
I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........
County _ _
City
ToWn of ................ was duly passed by the .........................................
Village (Name of Legislative Body)
not disapproved ....
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 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 J9 ..: .....
of thc City of ................................. having been submitted to referendum pursuant to the
§36 of
provisions of~3? 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 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 a: a unit and of a majority of the qualified electors of the towns of said ecunty
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: May 24, 1989
~erk of the County ~egislative body, City, Tow~r'Village Clerk or
officer designated by local legis_lau% body
Judith T. Terry, Town Clerk
(Seal)
(Certification to be executed by County Attorney, Co~'~)oration Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.}
STATE OF NEW YORK
COUNTY OF ........ .S..u..f.f..o.l.k. ..............
I, the undersigned,~hereby certify that the foregoing local law<ontains thc-correct text and that all
proper proceedings have been had or taken for the enac~cal law annexed hereto.
Signature
James A. Schondebare, Town Attorney
Title
Date: May 24, 1989
Town
of Southold
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
May 23, 1989
3:35 P.M.
IN THE MATTER OF THE PROPOSED "LOCAL LAW IN RELATION TO ZONING".
Present:
Supervisor Francis J. Murphy
Justice Raymond W. Edwards
Councilwoman Jean W. Cochran
Councilman George
Councilwoman Ruth
Councilwoman Ellen
Town Clerk Judith
L. Penny IV
D. Oliva
D. Larsen
T. Terry
SUPERVISOR MURPHY: The third public hearing is on a "Local Law in Relation
to Zoning", concerning agricultural operations. The official notice to be read by
Councilwoman Cochran.
COUNCILWOMAN COCHRAN: "Notice of Public Hearing o'n Local Law. 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 25th day of April, 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 23rd day of May, 1989, at 3:35 o'clock P.M., at which
time all interested persons will be heard.
This proposed "Local Law in Relation to Zoning" reads as follows, to wit:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended
to read as follows:
1. Section 100-31A(2) is hereby amended to read as follows:
(2) The following agricultural operations and accessory uses thereto,
including irrigation, provided that there shall be no storage of
manure, fertilizer or other odor - or dust-producing substances
or use, except spraying and dusting to protect ~egetation,
within one hundred fifty (150) feet of any lot line:
II. This Local Law shall take effect upon its filing with the Secretary of State.
Copies of this Local I~aw are available in the Office of the Town Clerk to
lany interested persons during business hours. Dated: May 9, 1989. Judith T. Terry,
ISouthold Town Clerk."
II have an affidavit of publication from The Long Island Watchman-Traveler. I have
Lan affidavit from the Suffolk Times. I have an affidavit of proof of posting on the
IiTown Clerk's Bulletin Board at the Town Hall here. Also, I have correspondence
~from the Planning Board, Town of Southold, "Re: Local Law in Realtion to Zoning
I(Agricultural operations).. Dear Mrs. Terry: The following action was taken by
~the Southold Town Planning Board on Monday, May 1, 1989. Resolved that the Southold
~Town Planning Board recommend to the Town Board that they adopt the above men-
:ioned proposed Local Law. If you have any questions, please do not hesitate to
Page 2 - LL, Zoning, Ag,.r,i.,c. ultural operations
contact this office. Very truly yours, Bennett Orlowski, Jr., Chairman of the Planning
Board." The second piece of correspondence comes from The Suffolk County Depart-
ment of Planning. "Gentlemen: Pursuant to the requirements of Sections A 14-14
to 23 of the Suffolk County Administative 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, Director of Planning." That's the end of correspondence.
SUPERVISOR MURPHY: Thank you, Jean. You've heard the official reading of
this propsed Local Law. Is there anyone in the audience like to speak in opposition
to this proposed Local Law? (No response.) Anyone like to speak in favor? (No
response.) Any Town Board member like to make a comment on this proposed Local
Law? (No response.) Hearing none, we'll close this hearing.
~], NOTICE OF PUBLIC
" HEARING ON LOCAL LAW
PUBLIC NOTICE IS'
HEREBY GIVEN
Ii' been pre,coted [o Ihe Tov. r
~ ].Board o( I he l'o`.~ n of Soulhold.
Sd(folk Count)'. Ne~ ~brl,. on
Ihe 25th day o£ April. 1989, a
~ Loc: La~ entitled. "A Loca
: La~ m Relal on [o Zomng.'
NOTICE_ I~ FURTIqER
Gl\ EN lhat the To~n Board of
dte Town of Southold ,.viii hold
a pubhc hearing on the aforesaid
Loc~fl Las'~ al Ihe $outhold To~ n
Hal. MaLn Road. Somhold.
INe~ ~ork on [he 23rd dd`. o!
,... Ma); 1989, at 3:35 0'clock:P.M..
at which dine all inierested per-
![!..sons ~ilt be heard.
'" . This proposed"Local Lawin
.["2.: Relatioh to Zoning" i'eads as
.12' . 1. Section 100-31A(2) is
. .' '. he[ebb- amen~led to read as
· '7 2. The foll0wihg agri'cul-
::.tu'ral operations and accessory
'.'uses ·thereto, including irriga~
'_; '-'lion, provided that there shall be
' i no' storage of manure, fertilizer
".:' 'or other odor- or dust-produc-
~-; .:lng substa, nces or use, except
.,' spraying and dusting to protect
· vegetation, within one hundred
'- ',' fifty (150) feet of any l'ot line:
· .. II_ This Local Lag, shall .take
· ':i affect upon [ts filing `.~Sth the
'"Secretary of State. "'
Copies of th~s Local La~ are
~ a~ailable in [he Office of the
' To~n Cle]k to any interested
person~ during business hours.
DATED: May 9, 1989.
· JUDITH T. TERRY
SOUTHOLD TOWNr CLERK
IX, 5/18/89 (2)
COUNTY OFSUFFOLK
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 Traveler-Watchman
once each week for ..................... ~ .... weeks
successively, commencing on the /..~. ........
........ ,
Sworn to before me this ..................... day of
....... ......... ,
Notary Public
B;~RPAR.~. A. S~NEiD~
NOTARY PUBL!?, Stat~ ~f New York
Ou[iified in S:~ffolk Coun)y /
C~mmission Expires
~ ~ [ HEARU~'G ON LOCAL ~AW
· !; i~~ ,PUBLIC NOTICE IS HEKEBy .
t;- ~, ~ me 1o~ Boa~ oF ~c
~H~' 'S u-- To~ of
~ . o mold, Suffo~ County New
[:/" :Yo~ ~ ~e ~th day of Ap~ 1989
ca h~ rtore,~d Loc~ L~u n Wc
I
,~,,, ar ~h,ch ~me dl b~erc~ed pe~on;
IIJ D,. Proposed 'Local ~. m
h. Reh~ ~g,, ~ds as fo~ows~
~ wit: BE ~ ENACTED by ~e
T~ Bo~ of~e To~ of S~old'
~ follows:
. L Chapter 100 ~on~g) of thc
C~ of ~e To~ of Sou~old is
' M~by ~ m ~d~ f~ows:
1. Sec~on l~-31A (2)
hereby amend~ to mad as
i~', ". fo~ow~:
(2) The lo'owing
· agfic~tu~ ~erations
~. and ac~sso~ uses
lhereto, including
'h ~g~. p~ded ~at
",' ~ere shaU be
~', ' ~o~ge of m~um fer~
~ ~; except spm~g and
~:" dus~ng to protect
' ve~e~. ~ one
': ".' h~d~ ~ty (150)fee/
' ...... ' ~ylo/~c: '
':.' F ff- ~s ~ Law s h~ ~e eff~ '
: ~n im f~g wi~.~e
"::Copies of ~ls Loc~ Law are
· av~bl~ ~ ~e ~ce 0f ~ To~
bus,ess houm
.' DASD ~yg, 1989.
· : SO--OLD ~ CL~
",6301-I~18
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
~'1 ~ i ~,~ ~,~ of Mattituck, in
said County, being duly sworn, says that he/she is Principal
Clerk of THE SUFFOLK TIMESt a Weekly Newspaper,
published at Mattituck, in the Town o! Southold, County o!
Suffolk and State of New York, and that the Notice of which
the annexed is a printedcopy, has been regularly published in
said Newspaper o.nce each week for 1 weeks
successively, commencing on the 18'0h day of
May 1989
Principal Clerk
· Sworn to be fo,;~a-~ge this'
D~ARY K. DEGNAN
NOTARY PUBL;C, State of New York
Suffo:k County No. 484~8,50 .~
T~rm ~p~res Febru~~