HomeMy WebLinkAboutLL-1989 #15 LOCAL LAW NO. 15 , 1989
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 hereby
amended as follows:
1. Section 100-31.B(13) is hereby amended to read as follows:
(13) Wineries for the production and sale of wine produced from
grapes primarily grown in the vineyards on which such
winery is located.
Section 100-42.B is hereby amended by adding thereto a new
subsection (4) to read as follows:
(4) Wineries as set forth and regulated b~/ Section
100-31.B(13) of the Agricultural Conservation District.
3. Section 100-61.B(1) is hereby amended to read as follows:
{1)
Any special exception use set forth in and as regulated by
Section 100-31.B(1), (6), (7), (13) and (14) of the
Agricultural Conservation District.
Section 100-71.B is hereby amended by adding thereto a new
subsection (6) to read as follows:
(6) Wineries
5. Section 100-81.B(1) is hereby amended to read as follows:
(1)
Any special exception use as set forth in and regulated by
Section 100-31.B of the Agricultural Conservation
District, except wineries are not required to be in
connection with a vineyard.
Section 100-91.B is hereby amended by adding thereto a new
subsection (10) to read as follows:
(10) Wineries
7. Section 100-101.B(1) is hereby amended to read as follows:
(11
Any special exception use as set forth in and regulated by
Section 100-31.B(2) to (13), except wineries are not
required to be in connection with a vlneyard.
Section 100-131.B is hereby amended by adding thereto a new
subsection (14) to read as follows:
(14) Wineries
11.
o
Section 100-141.B is hereby amended by adding thereto a new
subsection (3) to read as follows:
(3) Wineries
This Local Law shall take effect upon its filing with the Secretary
of State. ~
Pleasehis o 'ricebC advisedon Ihal thesakOve_rc ferenced///89 mi er a was· 'ecci~ ed and' filed by
Additional forms for filing local laws wilh Il'ds office will be forwarded upon
request.
NYS Deparlment of Slate
38.q~2-OO4(4tS/) Bureau oi Stale Records
II.
8. Section 100-131.B is hereby amended by adding thereto a new
subsection (14) to read as follows:
(14) Wineries
Section 100-141.B is hereby amended by adding thereto a new
subsection (3) to read as follows:
(3) Wineries
This Local Law shall 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 aot-applicabl,e..)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No .... 15... of 1~85 ......
Town Bo0r~ ....................
of the Town of ...S. 9.u.t.h.°.l.d. .... was duly passed by the ............ '(I~of Legislative Body}
on .... .A..u.~t.u..s.t.. 2, .......... 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 theTown 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*
and was deemed duly adopted on .................................. 19 ......... in accordance with the applicable
provisions of law.
(Final adoption by 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 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.
(Subject to permissive referendum, and final adoption because no valid petition filed requesting referendum.)
I hereby cer.tify that the local law annexed hereto, designated as local law No ......... of 19 ........
County
of the TCiotYwn 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 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 sapervlsur of a town where such
officer is vested with power to approve or veto local laws or oedinanees.
(2)
.5.
(City local law concerning Charter revision proposed by petition.}
I hereby certify that the local taw annexed hereto, designated as local law No .........of 19 ........
of the City of ................................. having been submitted to referendum pursuant to the
§36 of
provisions of§37 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 law No ......... of 19 .........
of the Count3~ 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 thc 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 app~.opriate 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 parag~_~_aph ...... .1 ..... above. :
Date:
August 2, 1989
ff-/Clerk of-the County legislative body, City, To~o.r Village.Clerk or
officer designated by local lcgislau~,e body
Judith T. Terry, Town Clerk
(Seat)
(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 .... .$.LtEEQLI~ ..............
I, the undersignbd, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enaclm~nt of the local law annexed hereto..
Signature
Robert H. Berntsson, Assistant Town Attorney
Title
Date:
August 2, 1989
Town
v~i~x
of .... .Sp.u. th. 9Id, .....................
¢3)
(Please Use this Form [or Filing your Local Law With the Secrgtary o(State)
Text of law should be given as amended. Do not include matter being
eliminated and do n0i use italics or underlining to indicate new matter.
gK~X of ~op. thql.d ....................................
Town ............
15 of the year 19 .8.9. .......
Local Law No .........................
Alocallaw............-...-.--.-..---In Relation to Zoni.n.g ........................................................
(Insert title)
Be it enacted by the .................... T.q~v r~ .Boar. d ...................................... of the
(Name of Legislative Body)
o! ........................... S~outhoJd. ....................................... as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 100-31.B(13) is hereby amended to read as follows:
2=
(13)
Wineries for the production and sale of wine produced from
grapes primarily grown in the vineyards on which such
winery is located.
Section 100-42.B is hereby amended by adding thereto a new
subsection (4) to read as follows:
(4]
Wineries as set forth and regulated by Section
100-31.B(13} oftl~e :Agricultural Conservation District.
Section 100-61 .B(1) is hereby amended to read as follows:
(1) Any special'exception use set forth in and as regulated by
Section 100-31.B(1), (6), (7), (13) and (14] of the
Agricultural Conservation District.
Section 100-71.B is hereby amended by adding thereto a new
subsection (6) to read as follows:
(6} Wineries
5. Section 100-81 .B(1) is hereby amended to read as follows:
(1]
Any special exception use as set forth i~and regulated by
Section 100-31.B of the Agricultural Conservation
District, except wineries are not required to be in
connection with a vineyard.
Section 100-91.B is hereby amended by adding thereto a new
subsection (10) to read as follows:
(10) Wineries
7. Section 100-101.B(1) is hereby amended to read as follows:
[1]
Any special exception use as set forth in and regulated by
section 100-31oB(2) to {13), except wineries are not
r~equired to be in connection with a vineyard.
(if additional space is needed, please attach sheets of the same size as this and number each)
O)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
August 1, 1989
8:05 P.M.
iN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO ZONING".
Present:
Supervisor Francis J. Murphy
Justice Raymond W. Edwards
Councilwoman Jean W. Cochran
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Larsen
Town Clerk Judith T. Terry
Assistant Town Attorney Robert H.
Berntsson
SUPERVISOR MURPHY:
Relation to Zoning". It
and AHD District. The
This is a public hearing on a proposed "Local Law in
adds wineries to all districts except the Marine, R-40
official reading to be done by Councilwoman Cochran.
COUNCILWOMAN COCHRAN: "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 5th day of July, 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 1st day of August, 1989, 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, 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
as follows:
1. Section 100-31.B(13) is hereby amended to read as follows:
(13) Wineries for the production and sale of wine produced from
grapes primarily grown in the vineyards on which such winery
is located.
2. Section 100-42.B is hereby amended by adding thereto a new
subsection (4) to read as follows:
(4) Wineries as set forth and regulated by Section I00~31.B(13)
of the Agricultural Conservation District.
3. Section 100-61oB(I) is hereby amended to read as follows:
(1) Any special exception use set forth in and as regulated by
Section 100-31.B(1), (6), (7), (13) and (14) of the
Agricultural Conservation District.
4. Section 100-71.B is hereby amended by adding thereto a new
subsection (6) to read as follows:
(6) Wineries
5. Section 100-81.B(1) is hereby amended to read as follows:
(I) Any special exception use as set forth in and regulated by
Section 100-31.B of the Agricultural Conservation District,
except wineries are not required to be in connection with a
vineyard.
Pg 2 - LL in relation to ~ ~ing
6. Section 100-91.B is hereby amended by adding thereto a new
subsection (10) to read as follows:
7. Section I00-101.B(1) is hereby amended to read as follows:
(1) Any special exception use as set forth in and regulated by
Section 100-31.B(2) to (13), except wineries are not
required to be in connection with a vineyard.
8. Section I00-131.B is hereby amended by adding thereto a new
subsection (14) to read as follows:
(14) Wineries
9. Section 100-141.B is hereby amended by adding thereto a new
subsection (3) to read as follows:
(3) Wineries
Il. This Local Law shall take effect upon its filing with the Secretary of
State. Copies of this local Law are available in the Office of the Town Clerk to
any interested persons during business hours. Dated: July 18, 1989. Judith T.
Terry, $outhold Town Clerk." I, also, have an affidavit that the public notice
was printed in the Watchman-Traveler. Also, an affidavit that it was printed in
The Suffolk Times. Also, an affidavit that it has been posted on the Town Clerk's
Bulletin Board in the front lobby. Under correspondence, I have a letter from
the Planning Board, Town of Southold, "Dear Mrs. Terry: The following action
was taken by the Southold Town Planning Board on Monday, July 10, 1989. Resolved
that Southold Town Planning Board refer the following comments to the Town Board
in reference to the Local Law in Relation to Wineries: The Planning Board is in
favor of allowing wineries in all District, however, the Board is concerned that
wineries not be allowed unless they are attached to a vineyard. The Planning
Board feels that wineries should be physically attached to vineyard of 5 acres
or more. In addition, a vineyard of 10 acres or more must be within the vicinity
of the winery. If you have any questions, please do not hesitate to contact this
office. Bennett Orlowski, Jr., Chairman." I, also, have correspondence from
the County of Suffolk, Department of Planning. "Gentlemen: Pursuant to the
requirements of Sections A 14-14 to 23 of the Suffolk County Administrative 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 is
it.
SUPERVISOR MURPHY: You've heard the official reading of the proposed Local
Law. At this time, is there anyone in the audience, who would like to address
the Town Board on this proposed Local Law? (No response.) Anyone on my left?
Sir?
RALPH PUGLIESE: My name is Ralph Pugliese from Pugliese Vineyards in Cutchogue.
Does this mean that...First I have a two acre site, with 32 acres in the back.
Now does this mean that the Planning Board says that they feel a 5 acre parcel
is suTficie~tfor a winery? Now, where do they come up with a 5 acre parcel, or
a 2 acre parcel, or a 3 acre parcel? I don't know.
SUPERVISOR MURPHY: That was just their recommendation, and we're here to
listen to your comments, and anyone else's.
RALPH PUGLIESE: I feel that I have a vineyard right there, it's right in back,
and I want my winery on the main road in Cutchogue, and I feel the Planning
Board is totally out of order recommending that. I feel that if I have to put a
Pg 3 - LL in relation to ~ ,ing
winery up it will have to be on Bridge Lane, which is in more of a residential
district. I feel on the main road is more commercial. It's not commercial zoned.
It's AG, and I feel that the Planning Board..
SUPERVISOR MURPHY: That was only a recommendation.
COUNCILWOMAN LARSEN: If you remember the Planning Board made that recommen-
dation to the Code Committee, the night that we discussed it , and the Code
Committee at that time took the Planning Board's recommendation under consideration,
and it's only a recommendation, and it's up to us.
RALPH PUBLIESE: I didn't know that. Thank you.
SUPERVISOR MURPHY: Anyone else like to comment on this proposed Local Law?
(No response.) Any Town Board member like to make any other comments? (No
response.) Hearing none, I'll close the public hearing.
Judith T. Terry
Southold Town Clerk
LEGAL NOTICE
NOTICE OF
PUBLIC HEARING
ON lOCAL LAW
PUBLIC ' NOTICE IS
HEREBY GIVEN thet there has
been 'presented to the Town
Board of the T6wn of Southold,
Suffolk County, New York, on
the 5th day of July, 1989, a
Local Law entitled, "A Local
Law in Relation to Zoping:'
NOTICE IS FURTHER
GIVEN that the Town Board of
the Town of Southold wiKhold
a public hearing oti the aforesaid
Local Law at the Southold Town
Hall, Main Road, 'Southold,.
New York, on the 1st day of
August, 1989, at 8:05 o'cto~,~
P.M., at which time all intex~ed
person~ will be heard:
This proposed "Local Law in
Relation to Zoning" reads as
follows: to wit:
BE tT ENACTED by the
Town Board of the Town bf
Southold'as follows:
1. Chapter 100 (Zoning) of the
Code of the Town of Solathold
is hereby amended as follows:
1. Section 100-31.B(13) is
hereby amended to read as
follows:
(13) Wineries for the
production and sale of wine pro-
duced from grapes primarily
grown in the vineyards on which
such winery is located.
2. Section 100-42.B is
hereby amended by adding
thereto a new subsection (4) to
rehd as follows:
(4) Wineries as set forth
and regulated by Section
100-3LB(13) of the Agricultural
Conservation District.
3. Section 100-61.B(1) is
hereby amended to read as
follows:
(1) Any special ex~ption
use set forth in and as regulated
by Section. 100-3LB (1), (6), (7),
(13) and (14) of the Agricultural
Conservation District.
4. Section 100-7LB is here-
by amended by adding thereto
a new subsection (6) to read as
follows:
(6) Wineries
5. Section 100-RLB(I) is
hereby amended to read as
follows:
(1) Any special exception
use as set forth in and regulated
by Section 100-3LB of the
Agricultural Conservation Dis-
trict, except wineries are not re-
qulred to be in connection with
a vineyard.
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
6. Section 100-91.B is here-
by amended by adding thereto
a new subsection (10) to read as
follows:
(10) Wineries
7~ Section 100-101.B(1) is
hereby ameirded to read as
follows:
(1) Any special excpption
use as set forth in and regulated
by Section 100-3LB(2) to (13),
except ~ne~ies ~ no~ r~qu/red
to b~e /n connection` with a
vineyard.
8. Section 100-131.B is
hereby amended ~ adding
thereto a n~t gab~eetion (14) to
~ a~foll0v~s:
~" ~(14) Wineries ~
9. Section 100-141~]~ 'is
hereby amended by aClding
thereto a new, subsection (3) to
read as follows:
(3) Wineries
Il. This Local Law sh~all take
effect upon its filing with the
Secretary of State.
Copies of this Local Law are
available iq the Oj~fice of the
Town L-~rk, W any 'inter. ted
persons during business hours.
DATED: July 18, 1989
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
IX, 7/27/89 (7)
Notary Public
BAR~ARA A. SCHN~'IDE'R
NO~.~,RY t'?!~;L[C, State of New York
NOTICE OF
PUIILIC HEARING
ON LO(Al., lAW
PUBLIC NO~[ICE iS HEREBY
GiVEN that there has ,been present
ed to the Town Board o1 the Town of
Southold, Suffolk County. New
York. on the 5th day of July. 1989. a
Local Law entitled, "A Local Law in
Relation to Zoning'.
NOTICE IS FURTfIER GIVEN
that the Town Board of the Town of
Sc~thold will hold a p~blic hearing
on the aforesaid LocaA Law at the
Southold Town ttall, Main Road,
Southold, New York, on the 1st day
of August, 1989, 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 fol-
lows, to wit:
BE 1T ENACTED by the Town
Board or the Town of Southold as
follows:
L Ompter 100 (Zoning) of the Code
of the Town of Southold is hereby
annended as follows::
by anae~ded to mad as follows:
(137 Wineries for the produc-
ttoa and sale of wine pro-
duced from grapes primarily
which such wine~¢ is located.
amended by adding thereto a
new subsection (4) to lead as
follows:
(4) Wineries as set forth and
regulated by Sectinn 100-
31.ll(13) of the: Agricultural
3. Sectio~ I00-61.B(1) ig hereby
amended ul read as follows:
(1) Any special excepti~ use
set forth M and as regulated
by Section 100-31.B(1), (6),
(7), (13) and (14) of the
Agricultural Conservation
District.
4. Section 1O0-71.B is hereby
amended by adding thereto a
new subsection (6) to read as
follows:
(6) Wine ric:
5. Section 100-81.B(I) is hereby
amended to read as follows:
(1) Any special exception use
as set forth in and regulated
by Section 100-31.B of the
Agricultural Conservation
District, except wineries are
not required to be in
connection with a vineyard.
6. Section 100-91.B ia hereby
amended by adding therelo a '
new subsection (10) to read as
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Yvonne Lieblein
of Mattituek, in
said County, being duly sworn, says that ho/she is Principal
Clerk of THE SUFFOLK TIMES, s Weekly Newspaper,
published at Mattltuck, in the Town of Southold, County of
Suffolk end State of New York, and that the Notice of which
the annexed is a printed oopy, has been regularly published in
said Newspaper once each week for 1 weeks
successively, commencing on the ~7 _ day of
(10) Wineries ,%~ 1 v 19 89
7. Section I00-101.B(1) is here II. ~'l~l~a~tw shall t~ke effec~
by amended to read as follows: u~ ~ f~g w~ ~e ~ ~ . .
by Section 1~-31.B(2) to a~ ~ ~ ~ ~ ~ To~ ~ '
(13), exce~ w~efies a~ n~ ~e~ ~ ~y ~ ~l d~-
~qui~d to ~ h c~ecfi~ mg ~as h~. Prl~elpal ~l~rk
8. Section I~-I31.B is hereby ~T.T~Y
~O~ ~ C~
~ended by adding meretoa ~ / / ~ , .'' ~ ~_.,
new subaecti~ (3) ~ ~ad a~ ~