HomeMy WebLinkAboutLL-1989 #23 LOCAL LAW NO. 23 .. 1989
A Local I_aw 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:
Section 100-71.B is hereby amended by adding thereto
subsection (7) to read as follows:
171
Apartments may be permitted over business and professional
offices as regulated by section 100-91.B(4).(a) through
(f). inclusive.
2. Section 100~91.B(4) is hereby amended to read as follows:
(4)
Apartments may be permitted over retail stores and
business, professional and governmental offices, subject to
the following requirements:
II. This Local Law shall take effect upon its filing with the Secretary
of State.
t2l~Ol~
Date _
23
Local Law(s) No.
Year ~outhoLd
M unicipality
this office on -
Additional forms for filing local laws with this office will be forwarded upon
request·
DEC 2 6 1989
material was received and hied ?
NYS Department of State
Bureau of State Records
(Please Use this Form for 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.
~11~ Southold
Town of .........................................................
Local Law No .... .2.3. .................. o! the year 19.8.9 .......
In Relation to Zoning
A local law ...
(insert title)
hv the Town Board . of the
Be
it
enacted
(Name of Legislative Body)
:)(~f,t~ of Southol~=' . ............. as follows:
Town .............................................................
I. Chapter 100 (Zoning)of the Code of the Town of Southold is hereby
amended as follows:
1. Section 100-71.B is hereby amended by adding thereto
subsection (7) to read as follows:
{7)
Apartments may be permitted over business and professional
offices as regulated by section 100-91 .B(4), (a) through
(f), inclusive.
2. Section 100-91.B(4) is hereby amended to read as follows:
Apartments-may be permitted over retail stores and
business, professional and governmental offices, subject to
the following requirements:
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)
O)
IComplete the certification in the paragraph which applies to the filing of this local law and strike out the matter
therein which is not appiieabl,e..)
(Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. · .2.3. .... of 19 .8.9. .....
. ~;~XX of . .S. Qyt[~p. lgl. was duly passed by the ....-l'.q~,vn .Bp/~Ed .........................
of tile Town ..... (Name of Legislative Body)
on ...D..e.c..e..m..b..e.r...1..2. ........ 198.~. ..... '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 ................ was duly passed by the .........................................
(Name of Legislative Body)
Village
not disapproved
on ............................. 19 ........and was approved by the ............................
repassed a ft~-:disapproval Elective Chief Executive Officer*
and was deemed duly adopted on .................................. 19 ......... in accordance with the applicable
provlsions of law.
(Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........
County
_ . City
oltr~e 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. ~-
(Subiect 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
ot tl~e 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*
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,
there be none, the chairman of the county legislative body, the mayor o[ a city or village or the supervisur of a town where
officer is vested with power to approve or veto local laws or ordinances.
(2)
5. (City local law concerning Charter revision proposed by petition.)
I hereby c~rt'ify thai the local law annexed hereto, designated as local law No ......... of 19 ........
of the City of ................................. having been submitted to referendum pursuant to the
of ~36
provisions ~37 of the Municipal Home Rule Law, and having received the affirmative vote of a
specia!.
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 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 ..... 1. ....... above.
Date:
December 13, 1989
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 SUFFOLK
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 ~~law annexed hereto. ·
Signature
Matthew G. Kiernan, Assistant Town Attorney
Title
Date:
December 13, 1989
Town
of Southold
PUBLIC HEARING
SOUTHOLD TOWN BOARD
December 12, 1989
8:00 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
Town Attorney James A. Schondebare
SUPERVISOR MURPHY: I'd like to open the public hearing, scheduled for tonight,
which is concerning a "Local Law in Relation to Zoning", concerning apartments.
The official notice to be read by Councilman Penny.
COUNCILMAN PENNY: "Public Notice is hereby given that there has been pre-
sented to the Town Board of the Town of Southold, Suffolk County, New York,
on the 24th day of October, 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 12th day of December, 1989, at 8:00
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 Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
I. Section I00-71.B is hereby amended by adding thereto Subsection
(7) to read as follows:
(7) Apartments may be permitted over business and professional
offices as regulated by Section 100-91.B(4),(a) throught (f),
inclusive.
2. Section 100-91.B(4) is hereby amended to read as follows:
(4) Apartments may be permitted over retail stores and business,
professional and governmental offices, subject to the following
requirements:
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: November 28, 1989. Judith
T. Terry, Southold Town Clerk." I have an affidavit of publication from the
Suffolk Times, a like affidavit from the Traveler-Watchman, and an affidavit
of posting from the Town Clerk, that this has been posted on the Town Bulletin
Board for the appropriate time. I have a communication from the Southold Town
Pg 2 - PH apartments over businesses
Planning, Town of Southold. "Dear Mrs. Terry: The following action was taken
by the Southold Town Planning Board on Monday, November 20, 1989. RESOLVED
that the Southold Town Planning Board recommend to the Town Board that they
adopt the above mentioned local law. The Planning Board has reviewed this
proposed local law. It sponsored this change in the law and consequently endorses
its proposal. If you have any questions, please do not hesitate to contact this
office. Very truly yours, Bennett Orlowski, Jr., Chairman." I ·
have the following
communication from Department of Planning, Suffolk County. "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."
There are no further communications.
SUPERVISOR MURPHY: Thank you, George. You've heard the official reading
for this proposed Local Law. Is there anyone here, who would like to make
a comment on this, either for or against, or just a comment? (No response.)
Any Town Board members? (No response.) Hearing none, I'll close the public
hearing.
Southold Town Clerk
PUBLIC NOTICE IS
to ~ Town Board of fl~e To~,~ ~'
~ld, Suffo~ Cowry, New
Y~, ~ ~e 2~ ~y ~ ~,
19~, ~ ~ ~w ~d~
~w ~ R~ m ~".
N~CE ~ ~RTH~ G~
~ T~ ~ ~e T~ ~
~o~ ~ hold a ~b~c
~ ~d ~ ~w at
~d To~ H~, M~
P,M,, ~ whi~ ~e ~
~E ~ ~A~D ~ ~e T~
~ ~ ~e T~ of ~u~oM
~ ~ To~ ~ ~
1. ~ l~-71.B is
~ ~) ~ ~ ~ foH~:
~ss~d~
Sec~ 1~-91,B(4),
~ (0, ~u~ve.
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Patricia Heane¥ of Mattituek, in
said County, being duly sworn, says that he/she is Principal
Clerk of THE SUFFOLK TIMES, a Weekly Newspaper,
published at Mattituck, in the Town of Southold, County of
Suffolk and State of New York, and that the Notice of which
the annexed Is a printed copy, has been regularly published in
said Newspaper once each week for_ I weeks
successively, commencing on the 7th day of
Dec____ember 19_~9
~ '-~ Prinelpa/¢lerk - ,~z~
LEGAL NOTICE
COUNTY OF SUFFOLK
STATE OF NEW YORK
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 24th day of October, 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
Hail, Main Road, Southold,
New York, on the 12th day of
December, 1989~ at 8:00 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 1T 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 100-71. B is hereby
amended by adding thereto
Subsection (7) to read as
follows:
(7) Apartments may be per-
m. itted over business and profes-
slonai offices as regulated by
Section 100-91.B(4), (a) through
(f), inclusive.
2. Section 100-91.B(4) is
hereby amended to read as
follows:
(4) Apartments may be per-
mitted over retail stores and
business, professional and
governmental offices, subject to
the following requirements:
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: November 28, 1989.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
IX-12/7/89(6)
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 ~
day of..~.~_.~-~¢~'.~_.., 19 ~ ~
Sworn to before me this
............ : ........ day of
Notary Public BAR~ARA A. ,~CHNEIDER
NOTARY ?d~ ~,~,., 0. New York
Ccm:~i~d~n Expires