HomeMy WebLinkAboutLL-1990 #04 LOCAL LAW NO. 4- 1990
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
as follows:
I. Section 100-262A is hereby amended to read as follows:
Ao
An application for a special exception approval shall be on the form
for same provided by the Zoning Board of Appeals and shall be
submitted in triplicate to the Zoning Board of Appeals, who shall
review the application for completeness and conformity with this
chapter. The Zoning Board of Appeals shall reject the application if
it is not complete nor not in conformance with the Zoning Code and
shall notify the applicant as to the reason for such rejection. If the
application is satisfactory, the applicant and the Zoning Board of
Appeals shall set the application down for a public hearing. The fee
for a special exception shall be $150.00, as set forth in Section 100-
274.
II. This Local Law shall take effect upon its filing with the Secretary of State.
5/1./90
Date --
Local Lawls) No. ~90
Year_
Town ~--Southold
Municipality
Please be advised that the above-referenced material was received and filed by
this office on
Additional forms for filing local laws with this office will be forwarded upon
request.
RECEIVED
NYS Deparlmcnt of State
MAY 4 ~90 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.
~;AK X Xof Southold .......
ToWn ..................................................
Local Law No .......... ~. .............. of the year 199.0. ........
Alocallaw.ln......................Relation to Zoning.......... ...................................................
(Insert title)
Town
Board
of
the
Be it enacted by the. .............
{Name of Legislative Body)
%:I~<XX o! . $.o. utbold ................................................................. as follows:
Town
me
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended
as follows:
1. Section 100-262A is hereby amended to read as follows:
An application for a special exception approval shall be on the
form for same provided by the Zoning Board of Appeals and
shall be submitted in triplicate to the Zoning Board of Appeals,
who shall review the application for completeness and conformity
with this chapter. The Zoning Board of Appeals shall reject
the application if it is not complete nor not in conformance with
the Zoning Code and shall notify the applicant as to the reason
for such rejection. If the application is satisfactory, the
applicant and the Zoning Board of Appeals shall set the applica-
tion down for a public hearing. The fee for a special exception
shall be $150.00, as set forth in Section 100-274.
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}
(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 applicabi,e..)
1. {Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No ..... 4... of 19.9.0 .....
of the Town of ............. $Outhold was duly passed by the . .T..o.w.n...B.o.a.r..d(Name ........................... of Legislative nody)
on April 10, 90 .-
............................ 19 ........ m 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
ottt~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.
(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 ................ was duly passed by the {Nameof 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 referendum, and received the affirmative vote of a majority of the qualified electors voting
permissive
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 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 h~/ving been filed, said local law was deemed duly adopted
on ............................. 19 ......... in accordance with the applicable provisions of law.
* v fhcer means or includes the
Elective Chief Executi e O ' ' chief executive officer of a county elected on a county-wide basis or, i:
there be none, the chairman of the county legislative body, the mayor of a city or village or the supervisur of a town where suet
officer is vested with power to approve or veto local laws or ordinances.
(2)
5. (CID' local la~' concerning Charter revision proposed by petition.)
I hereby certify that the local ]~W annexed hereto, designated as local law No ......... of ! 9 ........
of the City of ' ~ having been submitted to referendum pursuant to the
provisions of~ of the Municipal Home Rule Law, and having received the affirmative vote of a
special.
majority of thc qualified electors of such~eity:~,'0ting thereon at the general election held on ............
............ 19 ......... became operative.
6. (Count3 local la~' concerning adoption of Charter.)
! 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 count)'
considered as a umt 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
finalIy adopted in the manner indicated in paragraph ..... /. ...... above.
Date: April 10, 1990
off:.;.'r designaleci by local legislative
Judith T. Terry, Town Clerk
(Seal)
(Certification to be executed by Count)' Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF ...S..U..I...I...O..L..K. .................
I, the undersigned, hereby certify that the' foregoing local law contains the correct text and that all
enactme t of the local law annexed hereto.
,Signature
Matthew .G.:..K.i.e.r.n.a..n, Assistant Town Attorney
Title
Date: April 10, 1990
~CA~(XX of
Town
Southold
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
April 10, 1990
8:00 P.M.
IN THE MATTER OF THE PROPOSED "LOCAL LAW IN RELATION TO ZONING".
Present:
Supervisor Scott L. Harris
Justice Raymond L. Edwards
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Larsen
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: The first public hearing of the evening is to amend the
Local Law in Relation to Zoning, Chapter 100-284 Zoning of the Code of the Town
of Southold. Ellen, would you like to read the legal?
COUNCILWOMAN LARSEN: "Legal Notice. Notice of Public Hearing on a 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 13th day
of March, 1990, 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 10th day of April, 1990, 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:
1. Section 100-262A is hereby amended to read as follows:
A. An application for a special exception approval shall be on the
form for same provided by the Zoning Board of Appeals and
shall be submitted in triplicate to the Zoning Board of Appeals,
who shall review the application for completeness and conform-
ity with this chapter. The Zoning Board of Appeals shall
reject the application if it is not complete nor not in conform-
ance with the Zoning Code and shall notify the applicant as to
the reason for such rejection. If the application is satisfactory,
the applicant and the Zoning Board of Appeals shall set the
application down for a public hearing. The fee for a special
exception shall be $150.00, as set forth in Section 100-274.
11. 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 too any
interested persons during business hours. Dated: March 27, 1990. Judith T.
Terry, Southold Town Clerk." I have a sworn affidavit from Betty Tudey of
Mattituck dating publication in the Mattituck Traveler, and another sworn affidavit
Pg 2 - LL, 8:00 pm LL in relation to zoning
in the Suffolk Times, and another sworn affidavit from Barbara A. Schneider
stating publication was made in the Long Island Traveler-Watchman on the 5th
of April. I have a signed affidavit from the Town Clerk stating that it was posted
on the Town Clerk Bulletin Board on the 29th day of March, 1990. I have a
comment from the Suffolk County Department of Planning, which reads as follows:
"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, Gerald G. Newman, Chief Planner." I have a written comment received
from the Southold Town Planning Board on March 27, 1990, which states as follows,
To Judith T. Terry, Southold Town Clerk, from Bennett Orlowski, Jr., Chairman
of the Southold Town Planning Board on the proposed amendment to Chapter
100-262 A. of the Zoning Code. The Planning Board has been asked for its
recommendations on a proposed amendment to Chapter 100-262 A. of the Zoning
Code. The proposed change involves allowing the Zoning Board of Appeals to
replace the Building Department in handing out applications for Special Exceptions.
The following resolution was adopted at the Planning Board's public meeting on
March 26, 1990. WHEREAS the Zoning Code currently requires an applicant for
a Special Exception to obtain the application from the Building Department; and
WHEREAS the Zoning Board of Appeals is the Board before which the applicant
must appear in order to obtain the Special Exception; and WHEREAS the proposed
amendment to the Zoning Code would allow the Zoning Board of Appeals to hand
out and accept applications for Special Exception cases that will appear before
it; BE IT RESOLVED That the Planning Board is in support fo the proposed
change in Section 262 A. of Chapter 100 of the Town Code, which will require
the Zoning Board of Appeals to handle applications for Special Exceptions directly.
That closes the written comments, that we have in our notices of publication.
SUPERVISOR HARRIS: Thank you. Is there anyone from the audience, that
would like to speak on behalf of this public hearing, that we're having~
HERBERT ERNEST: Herbert Ernest, Mt. Beulah Acres. I don't understand what
was just said. Does that mean, if we say nothing ,that this Zoning Board will
have the authority to hand out approvals for exception to the existing statutes?
COUNCILWOMAN LARSEN: No. It means that, right now if you have to go
before the Zoning Code to get a special exception, the reason~ for the Zoning
Board of Appeals is because what you're asking to do is not outlined in the Code,
so you have to go before the Zoning Board of Appeals and they will grant you,
or not grant you a special exception based on your application. Right now the
Building Department directs you to go to the ZBA. This law will enable the ZBA
to deal with you directly. It will cut down on the..
HERBERT ERNEST: Bureaucracy, but you'll still go through an approval or
disapproval process, at which the public will have an opportunity to state their
opinion.
COUNCILWOMAN LARSEN: As always. Right.
SUPERVISOR HARRIS: Harvey?
TOWN ATTORNEY ARNOFF: I think that the one thing that we should point
out, is what we're doing is not eliminating any of the requirements. All we're
doing is streamlining the application process for the people, who come in. It's
Pg 3 - LL in relation to zoning
just removing an unnecessary step.
SUPERVISOR HARRIS: Thank you. As there any other person in the audience,
who would like to address the Board on this? (No response.) If not, I'll declare
this public hearing closed.
N~IcLEGAL NOTICE
E OF Iq.~UC
I~BLIC NOTICS is f~JdWy
siv~ that there has been pres~e~l
to the Town Bolrd of the Tov~ ef
Southold. Suffolk County, /~
Y~k, on ~e 13ih day of M~,
1990, a Local Law entitled~ ~A
L~al Law In Relation to ~-
NO~CE IS ~RT~ GI~
~ ~e To~ B~d of ~e To~ ~
~old w~ hold a public ~
the Southold Town Hall, Main
R~ ~oM, New Yo~, on b
1~ day of April, 19~, at 8;~
o~ciKk P.M.. at which time afl
~is pressed "L~al ~w ~
R~ to ~" ~ads as f~
BE ~ ENA~D ~ ~e To~
~ ~ ~ To~ ~ S~old m
f~:
I, ~ I~)~
is henry amend~ u foilers:
'A. ~ ~ f~ a ~-
c~al excepti~ a~v~
s~ ~ ~ ~e fo~ f~
Zoning Board of
Appeals and shah ~
the Z~nin~ ~osrd of
Appea~s, who shall STATE OF NEW YORK}
review the application } SS'.
for completeness and
conformity with this ~OU[~TY OF SUFFOLK}
choicer. The Zoning ~
I~ f~ wi~ th~
:E~~ m~ ~ ~l~[k o~THE SUFFOL~ TIM~S, · W~kl~
~~ ~ ~ ~ubli~h~d ~[ M~[[i[uo~ in [h~ Town ~[ ~u~oM, ~un~
- ~ ~m~ for S~
~. u b ~ Suffolk and State of New Yor~ and that the Notice of which
~t ~ ~e ~ t~ nnnexed ~ a prlnt~ eo~, bs bHn r~ula~ publish~ In
~d of Ap~ sh~ gRId NOWSpapoT once each week for ~ weeks
m ~e ~u~-~;~ d~ day of
t~,~bUc~g.~e succe~lY, comm~ng on the
fee ~ a s~c~ excep- (~
Copies of this Local ~w ~re ~ Principal Clerk
v~le ~ ~ ~i~ ~ ~ To~
3~ m my ~ ~ dur-
tg ~s~s
)A~D: ~ 27. 1~.
36-1TAsSOU~OLD ~ CL~K ~wom l.eSO.d~of~~__~~
LEGAL NOTICE
NOTICE OF
PUBLIC HEARING
ON LOCAL LAW
PUBLIC NOTICE is hereby
given that there h~ b~en
presented to the Town Board of
the Town of Southold, Suffolk
County, New York, on the 13th
day of March, 1990, a Local
Law entitled, "A Loead Law in
~n:to Zoninl."
NOTICE IS FURTHER
GIVEN that the Town Board of
the Town of Southoid will hold
a public hemt~ on the aforesaid
Local Law at thc Southoid Town
Hail, Main l~ad, Southold,
New York, ou ~ 10~h day of
April, 19~0, lit 8300 o'clock
P.M., at which time all interested
persons will be heard.
This pi'oposed "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 t~ Town of Southold
is bemby amended aa follows:
1. SlX/On 100-2~2Ais hereby
amended to read aa follows:
A. Am applicatinn for a
Sl~,,i~l m~tinn ~aproval shall
be on the form for same provid-
ed by the Zoning Board of Ap-
peals and shall be submitted in
triplicate to the ZopinE Board of
Appeals, who shall ~ew the
application for COalpl~eness
and conformity'with this
chapter. The Zohiilg Bourd of
Appeals shall reject the applica-
tion if it is not complete or not
in conformance with the Zoning
Code and shall notify the appli-
cant aa to the reason for soch re-
jection. If the application is
satisfactory, the applicant and
the Zoning Board of Appeals
shaU set the application down
for a public hearing. The fee for
a spec/al except/On shail be
$150.00, as set forth/n Section
100-274.
II. This Local Law shall take
effect upon its filing with the
Secretary of Stat~
Copies of this' Lo~fl Law are
available in the Off'we Of the
Town Clerk to any interested
persons during bus/ness hours.
DATED: March 27, 1990
JUDITH T..TERRY
SOUTHOLD TOWN'CLERK
IX-4/5/90(~6)
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 .......... .~.~. .........
day of.
Sworn to before me this .3 day of
......... ' ...... ;9 .:?X
Notary P~Ab~RA A. SCHU~IDEI~
N'~T~,~ aRY PUBL!~, State of New York
No 4B0~846
Q ........... ~ .rk C . ~y /