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HomeMy WebLinkAboutLL-1989 #22 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: Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-13 is hereby amended by adding thereto the following: FRATERNAL ORGANIZATION - A non-profit association of persons bound by a common interest or goal, be it civic, patriotic, charitable, educational or historical. Section 100-71A is hereby amended by adding thereto a new sub- section (3) to read as follows: (3) Buildings, structures and uses owned or operated by fraternal organizations and utilized for activities typically conducted by a fraternal organization including, but not limited to public meeting places, charitable and fund-raising events, patriotic observances and catering for public and private functions. I1. This Local Law shall take effect upon its filing with the Secretary of State. !)a,e . ~12/_k2JS~ ,ocal Law(s) No.__ 22 Year Municipality--¥°Wn~outhold Please be advised that the ,above-referenced material was received and filed by this office on 12/5/89 ,hdditional forms for filing local laws with this office will be forwarded upon request. RECEIVED DEC1 8 1989 NYS Department of State Bureau of State Records (Please Use this Form for Filing your Local Law with the Secretary of Statel 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. of Southold ........ Local Law No. 2 2 of the year 19 .~.9 ........ A local law ...... I.n., .R.e.l.a.t!o..n..tp..Z.o..n ! .rig. ........................................................ (Insert title) Be it enacted by the ........ .-[..o.w.n...B.o.a..r .d .................................................. of the (Name of Legislative Body) Town o! Southold as follows: 1. Chapter 100 (Zoning) of the Code of the Town of $outhold is hereby amended as follows: 1. Section 100-13 is hereby amended by adding thereto the following: FRATERNAL ORGANIZATION - A non-profit association of persons bound by a common interest or goal, be it civic, patriotic, charitable, educatibnal or historical. 2. Section 100-71A is hereby amended by adding thereto a new sub- section (3) to read as follows: (3) Buildings, structures and uses owned or operated by fraternal organizations and utilized for activites typically conducted by a fraternal organization including, but not limited to public meeting places, charitable and fund-raising events, patriotic observances and catering for public and private functions. II. This Local Law shall take effect upon its filing with the Secretary of State. ill additional space is needed, please attach sheets of the sam e 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..) I. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No... ~_7 .... of 19 IL9 ..... (~1~ Southold Town Board ..... of the Town of ................ was duly passed by the .................................... ~l~ (Name of Legislative Body) on ..... -N.-°x.e-.m..b..e..r...2..8.,... 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 t~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* 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 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. 4. (Subject to permissive referendum, and final adoption because no valid petition filed requesting referendum.) of the on ............................. 19 ........and was approved repassed after disapproval I hereby cer,fify that the local law annexed hereto, designated as local law No ......... of 19 ........ County City of ................ was duly passed by the ......................................... Town (Name of Legislative Body) Village 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 o! 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) (City local law concerning Charter revision proposed by petition.) I hereby c~r~tify that ibc local law annexed hereto, designated as local law No ......... of 19 ........ of the City of ................................. having been submitted to referendum pursuant to thc of §36 provisions §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 locaHaw 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 q aalified 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 paragLaph ...... .~ ...... above. Date: November 29, 1989 G~k of the County legislative body, City, To'or Village Clerk or officer designated by local legislat't~,e 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 .... .S..U..F..F..O..L..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 c~' the local law annexed hereto. Signature Matthew G. Kiernan, Assistant Town Attorney Title Date: November 29, 1989 Town of Southold (3) IN THE MATTER OF A PUBLIC HEARING SOUTHOLD TOWN BOARD August 29, 1989 3:35 P.M. 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 Tovln Attorney James A. Schondebare SUPERVISOR MURPHY: The third public hearing scheduled today is a proposed "Local Law in Relation Zoning", concerning fraternal organization. The official notice to be read by Councilwoman Cochran. COUNCILWOMAN COCHRAN: "Notice of Public Hearing on 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 1st day of August, 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 29th da of August, 1989, at 3:35 o'clock P.M., at which time all' interested'pe'rsons 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 100-13 is hereby amended by adding thereto the following: FRATERNAL ORGANIZATION - A non-profit association of persons bounded by a common interest or goal, be it civic, patriotic, charitable, educational or historical. 2. Section I00-71A is hereby amended by adding thereto a new subsection (3) to read as follows: (3) Buildings, structures and uses owned or operated by fraternal organizations and utilized for activities typically conducted by a fraternal organization including, but not limited to public meeting places, charitable and fund-raising events, patriotic observances and catering for public and private functions. II. 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: August 15, 1989. Judith T. Terry. Southold Town Clerk." I have an affidavit of printing in the Long Island Watchman-Traveler. I have an affidavit of printing in the Suffolk Times. Under correspondance, I have a letter from the Planning Board Office from the Town of Southold, "Dear Mrs Terry, The following action was taken by the $outhold Town Planning Board on Monday, August 14th, 1989. Resolved, the Southold Town Planning Board recommend to the Town Board, they adopt the local law Pg 2 - Public Hearing, TM in relation to zoning in regard to fraternal organization. If you have any questions, please do not hesitate to contact this office. Very truly ~/ours, Bennett Orlowski, Jr., Chair- man." I, also, have correspondence from the Department of Planning, from the County of Suffolk, "Gentlemen: Pursuant to the requirements of Section A14-14 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 of local determination. A decision of local determination should not be construed as either approval or dissapproval. Very truly yours, Arthur H. Kunz, Director of Planning." That's it. No further correspondence. SUPERVISOR MURPHY: Thank '/ou, Jean. You've heard the official reading of the proposed Local Law. Is there anyone here, who would like to address the Town Board? RUDOLPH BRUER: Mr. Murphy. Members of the Board. Rudolph Bruer, on behalf of the American Legion. With respect to the law, we have one objection to the way it's written, and that is the words,a non-profit association. The American Legion has a subsidiary corporation that does make a profit. It does pay taxes, and eventually turns over the money to the American Legion, but we are a ... there is a business corporation that operates many of the social functions, the weddings, and so on and so forth. It eventually gets to the American Legion as the recipient of the profits, since it is the sole owner of that corporation. The purpose of the corporation is, as you probably all are aware, the liability that could be there with respect to people coming to affairs, and something happen- ing and afterwards, God forbid, and we strongly object to the word a non-profit. COUNCILWOMAN LARSEN: We'll have to review it then. RUDOLPH BRUER: We would appreciate that. TOWN ATTORNEY SCHONDEBARE: What I see, we'd gotten it in Code Committee, while I was on vacation. I see from Rob's notes on it, that you specifically included not for profit corporation with that. COUNCILWOMAN OLIVA: Because we thought they were not for profit. RUDOLPH BRUER: Well, the American Legion is. Jay, there's another gimmick here, too, on it, and that there is a not for profit corporation law. COUNCILWOMAN COCHRAN: There is. Yes, not for profit. RUDOLPH BRUER: There is a specific one, and I don't think with the American Legion, having been incorporated well before the enactment of that law, that they are a not for profit corporation under the law. COUNCILWOMAN OLIVA: We just assumed, I think, that you were. SUPERVISOR MURPHY: I would assume that you would be covered under that aspect, wouldn't you, Ruth? RUDOLPH BRUER: Actually, I just picked up this notice as of yesterday. I didn't know... Pg 3 - Public Hearing, ~ in relation to zoning SUPERVISOR MURPHY: The American Legion, perse, is the one who owns the building, and the one who would be..if you contract out with a caterer, it would be the same thing. COUNCILMAN PENNY: The caterer can make money there. JOSEPH ZIMMER: I'm Joe Zimmer from the American Legion. Intially the corporation was set up as an umbrella to protect the property of the officers of the American Legion. We could not afford the individual insurance policies that would be necessary for the officers. There's thirteen or sixteen of them, so we set up the corporation. It's inactive right now. The corporation is not being used. However, it may be used in the future. It was set up to handle all the catering. The name of the corporation is Main Road Legion Corporation, trading as Monument Corner's Caterers, and that was what would have normally been handling the catering and the business of the Post. Any money that would come in through the caterincj efforts. There are officers of the corporation on the Board of Directors of the American Legion, but as I say, it's not being used right now. The hospital caterers have a contract with the American Legion, and they are handling the catering now. It could be used in the future. RUDOLPH BRUER: We're afraid that a future building inspector would come over and say, hey, you guys can't have this affair today, because you're going to make a profit. COUNCILMAN PENNY: Rudy, who owns the property? RUDOLPH BRUER: The American Legion. COUNCILMAN PENNY: That's who we're dealing with. come in there, if you hire...if they make money. Fine. the owners of the property. If you have caterers But we're dealing with SUPERVISOR MURPHY: We're not dealing with anyone coming into working, but we'll take your comments, and the Town Attorney will review it. We won't act on this today. COUNCILWOMAN COCHRAN: And as a Philadelphia lawyer, I still think they come under the not for profit corporation law. SUPERVISOR MURPHY: We'll get a determination. COUNCILMAN PENNY: Why don't you let us pass this, and if you want us to change it in the future, let us change it, but I really don't think that there's going to be a problem with this because we're dealing with the American Legion as an owner of the property. We're dealing with zoning. RUDOLPH BRUER: I can appreciate that. to do. You're going to do what you're going TOWN ATTORNEY SCHONDEBARE: Appreciate what, passing it tonight? Pg 4 - Public Hearing, LL in relation to zoning SUPERVISOR MURPHY: We'll discuss this. We'll hold off for two weeks before we make a decision. Okay? We'll get a determination from the Town Attorney. Anyone else like to address the Town Board on this proposed Local Law? (No response.) Any Town Board members? (No response.) Hearing no other comments I'll close this public hearing, ~ · Judith T. Terry ~ Southold Town Clerk COUNTY OF SUFFOLK STATE OF NEW YORK LEGAL NOTICE NO'lICE OF PUBLIC HEARING ON ~ LAW PUBLIC NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk Comity, New York, on th~ 1st day'of ~gust; 1989, a ~ Law entitled, ,'A Local Law in Relation to Zoning;' NOTICE IS FURTHER OIVEN that the Town Board of the Town of Southold will hold a public he,~ing on the afon~d Local Law at tim Southold Town Hall, Main Road, Southoid, New York, on the 29th day of August, 1989, at 3:35 o.'clock P.M~ at which time ail inmrested pers0~s Will he,h~ard, This proposed "Loc~ ~aw tn Relati0~ to Zoning" ~ads as follows, to witi BE IT EN- ACTED bythe Town Board of the Town of $outhold as I. Ctmp~ 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: I. ~Section 100-13 is hereby amended by adding thereto the following: FRATERNAL ORGANIZATION--A non- profit assooiatiott of .persons bounded by a common interest or goal, be it civi~, patriotic, charitable, educational or historical. 2. Section 10~-71A is hereby amended by adding thereto a new subsection (3) to read as follows: 3. Buildings, structures and uses owned or operated by fraternal organizations and utilL~d for a~tivities typically cooductad bya fraternal organ- ization including, but not limited to public meeting places, charitable alxcl fund-raising rate functions. Il. This Local Law shall rake effect upon its filing with the Secretary of State. Copies of this Local Law are available in the Off]ce of the Town Clerk to a~y interested persons during busines~ hours. DATED: August 15, 1989 ~DITH T. T~RRY SOLrFHOLD ~ CLERK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ....................... /.... weeks successively, commencing on the ........... '5'. ......... day 9~_~_~c..... ..... .~; .......~', Sworn to before me this ............ 'i ........ day of Notary Public BARBARA A. S~HNEIDER NOTARY PUBLIC, State 0f New York N~, 4306846 Coun~ / Qualified in Suffolk '~ ',-; '/ Commission Expires ~ sTATE OF NEY/yORI~ f~BUC ~ XS ~ .~ .~c has ~ ~' ~UN~ OF suFFOLK) ~thold, Suffolk County, ~ icia ork on the 1st day of Aug~, ~~ ~[$~ ~ ~lP~ ~ ~ld ~un~, ~e'"= - 1~9, a Local Law entttled, A ~1~ d~ ~Og~9 ~m · .... NO~CE IS FURTHER Gave, ~le[~ O~ X~ ~ ~e T~ B~ d ~c To~ d ' ~ed at Mattltuc~ In the -- Mot~ of ~lch ~ ~ ~ m ~ e..olk and State Ol nvw ~~.~ 0)~~ t~a~xe"''''- -- -aoh weet ,--~ n.v of ~l~,(S~o'~ ~~s,~ said NeWspaper on--_/~, on the ~- "-' ~ ~ ~A~D ~ ~e T~ meetm~ v aisini eventS, d~ T~ dh~dda ~ . v~,~ law ~ ~eeff~ I. Sec6on 1~-13 is her~ ~x~ ./ ~~O~ ~S~. _. x~ Law are amtndd ~ iddinl :hex~to · .......... "~-' · ' '