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HomeMy WebLinkAboutLL-1990 #05LOCAL LAW NO. 5 - 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: Il. 1. Section 100-284 is hereby amended by deleting subsection (D) in its entirety and changing the letter of subsections (E), (F), (G) and (H) to (D), (E), (F) and (G) respectively. This Local Law shall take effect upon its filing with the Secretary of State. Date Local Law(s) No. 5 thru 7 Year 1990 Municipality Town of Southold Please be advised that the above-referenced material was received and filed by this office on 5 / 8/.9_9 Additional forms for filing local laws with this office will be forwarded upon request. RECEIVED MAY 1 4 1990 NYS Department of State Bureau of State Records (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. gff,~X X $outhold Town of ......................................................... Local Law No ......... .5 ............... of the year 19 9.0 ........ n Relation to Zoning ............................................ A local law (Insert title) Town Board .. oithe Be it enacted by the ..................................................................... (Name of Legislative Body) ~,i~XX o!......S°uth°ld.............--... ............................................... asfollows: Town I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: Section 100-284 is hereby amended by deleting subsection (D) in its entirety and changing the letter of subsections (E), (F), (G) and (H) to (D), (E), (F) and (G) respectively. 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) IComplete the certification in the paragraph *'hich applies to the filing of this local la* and strike out the matter therein ,a hich is not applicabl,e.} I. (Final adoption by local legislati}e hod) only.} I hereby certify that the local law annexed hereto, designated as local law No....5 ..... of 19 9.0 ..... ~½'XX ..................................... oftheTo&n, of . .S. qu.t..hg!.ct ...... was duly passed by the Town Board(NameofLegislaw. zBody) .... on ....A.j?..r.!!..1..0.: ............ 19.9..0. .... in accordance with the applicable provisions of law. {Passage by local legislative bod.~ with approYal or no disapproval by ElectiYe Chief Executive Officer,* or repassage after disapproval.} I hereby certify that the local lab' annexed hereto, designated as local taw No .......... of 19 ........ Count>' . . City otmeTown of ................ Village on ' 19 ........ was dui>' passed by the ......................................... (Name of Legislative Body) not disapproved and was approved repassed after disapproval by the ............................ Elective Ch~ef Executive Of beer' and was deemed duly adopted on .................................. 19 ......... in accordance with the applicable provisions of la~. (Final adoption by referendum.) ! hereby certify that the localla~' annexed hereto, designated as local law' No ......... of 19 ........ Count>' City of theTo~.n of ................ Village on ............................. 19 ........ was duly passed by the ......................................... (Name of Legislam e Body ) not disapproved and was approved repassed after disapproval by the ............................ Eiecu', e C 'fief Execuw~e O[f~cer' on .................................. 19 ..........Such local law was submitted to the people by reason of a mandatory referendum, and receixed the affirmative vote of a majority of the qualified electors voting permissixe general thereon at the special election held on ............................. 19 ......... in accordance b'ith the applicable annual provisions of law. (Subiect to permissbe referendum, and final adoption because no valid petition filed requesting referendum.) I hereby certify that the local tab' annexed hereto, designated as local lab' No ......... of 19 ........ County . . City mine Town of ................ Village was duly passed by the ......................................... (Name of Legislative Body) not disapproved and was aRProved repassed after disapproval by the ............................ Elective Chief Ex~:utive Of beer' on: ........................... 19 ......... Such local law was subject to a permissive referendum and no valid petition requesting such referendum was filed as of ............................. 19 ......... in accordance with the applicable provisions of law. · Electi~ e Chief Executbe Officer means or includes the chief executive officer of a count) elected on a count?wide basis or. if there be none. the chairman of the count) legislative hod), the ma)or of a ciD or village or the supenisor o! a town where such officer is }ested ~ ith po~er to approve or ~eto local la~ s or ordinances. (2) (CID' local la~' concerning Charter revision proposed by petition.) I hereby certify that the local)aw annexed hereto, designated as local law No ......... of 19 ........ of the City of .................. ; .............. having been submitted to referendum pursuant to the · · ~36 prov~s}ons of 37 of the Municipal Home Rule Law, and having received the affirmative vote of a special. majority of the qualified electors of such'City v6ting thereon at the general election held on ............ ............ 19 ......... became operative. 6. (Count3 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 thc 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 aunit 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: April 10, 1990 off~cer designa ed b)' OCa] legislat~e body Judith T. Terry, Town Clerk (Seal) (Certification to be executed by Count)' Attorney, Corporation Counsel, Town Attorney, Village Attorne.¥ or o~ her authorized Attorney of local/ry.) STATE OF NEW YORK COUNTY OF ...S..U..F..F..O..L..K. ................. 1, 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 of the. local law annexed hereto. ¢ Signature Matthew G. Kiernan, Assistant Town Attorney Title Date: April 10, 1990 ~.xx Town of Southold (3) PUBLIC HEARING SOUTHOLD TOWN BOARD April 10, 1990 8:02 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 second public hearing for the evening, Ruth would you like to read the legals for that? COUNCILWOMAN OLIVA: "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 27th day of February, 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, at 8:02 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 100-284 (Zoning) of the Code of the Town of Southold is hereby amended by deleting subsection (D) in its entirety and changing the lettering of subsections (E), (F), (G) and (H) to (D), (E), (F) and (G) respectively. 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: March 27, 1990. Judith T. Terry, Southold Town Clerk." I have an affidavit of publication in the Suffolk Times, and the Long Island Traveler, and from the Southold Town Clerk, that it was posted on the Town Clerk's Bulletin Board. We have two pieces of correspon- dance. One from the Department of Planning, Gentlemen: Pursuant to the requirements of Section A 14-14 to 23 of the Suffolk County Administrative Code, the above rederenced 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 Pg 2 - LL in relation to zoning or disapproval. Very truly yours, Arthur H. Kunz, Director of Planning, Gerald G. Newman, Chief Planner. We, also, have a communication from our own Planning Board dated March 27, 1990. The Planning Board has been asked for its recommendations on a proposed amendment to Chapter 100-284 of the Zoning Code. The proposed change involves abolishing the Vacant land Certificate of Occupancy. The following resolution was adopted at the Planning Board's public meeting on March 26, 1990. WHEREAS the proposed amendment to the Zoning Code would abolish the Vacant Land Certificate of Occupancy, and; WHEREAS this Board finds that the Vacant Land Certificate of Occupancy has been a source of confusion on the part of purchasers of property who assume that the Vacant Land Certificate of Occupancy guarantees that the subject property is a buildable lot, and; WHEREAS the Vacant Land Certificate of Occupancy does not serve any other discernable purpose; BE IT RESOLVED, That the Planning Board is in support of the proposed deletion of Subsection (D) of Section 284 of Chapter 100 of the Town Code, which authorizes the Building Inspector to issue Vacant Land Certificates of Occupancy. That's all the communications I have, and perhaps, Harvey would just like to explain it to the audience. TOWN ATTORNEY ARNOFF: The determination has been made that vacant land Certificates of Occupancy serve absolutely no useful purpose whatsoever except to create confusion. People relied on them as being a carte blanche towards building. They were not. They were issued sometime improvidently, sometime improperly, but it still did not avoid all the neccessary requirements when one went to build. The abuses, which came as a result of people relying on it have created problems both internally and externally, and it was felt that the matter should just be eliminated. There is no neccessity for it. Anyone who has vacant land, and wishes to build on it, has to comply with zoning and the local Building Department rules and regulations. SUPERVISOR HARRIS: Thank you. Is there anyone in the audience, who would like to address this Local /aw? (No response.) Hearing none, I will close this public hearing. · Terry ~? Southold Town Clerk C ~C~ IS H~By Southold. ~uffolk County. Yo~. on the 27th day of 19~0, a Local Law entiO~, IS FUR~ GIV~ ~ T~ ~of~ T~ ~'tloeg EM.. at which time aH ~mg roads as roi- BE ~ ~A~D ~ ~e T~ (G) ~ ~) to ~ ~ '~ Th~s Local Law sh~l tnke STATE OF NEW YORK) /~~~, __ of Maffituck, In · ainu ~o~y, ~,el~19 duly swom~ ~that he/she ~ Principal Clerk ~ THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituc~ in the Town of ~uthold, Coun~ Suffolk and State of New Yor~ and that the Notice of which t~ annexed b a wlnt~ ~W, ~ b~n r~ula~ publbhed in said Newspaper once each week for ~ weeks succ~lve~, tommee/rig on the C~ie, of - /~1~ ~_ day of this Local Law a~ ~ ~g ~s~s h~. DASD: M. 27. 1., LEGAL NOTICE NOTICE OF PUBLIC HEARING ON LOCAL LAW PUBLIC NOTI.CE is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk ~U~ty, N~w:York, on the 27th day of Feb .~, 1990, a Local Law entitle~ "~t Local ~ in NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a pnl~ henrin~ on the aforesaid Lo~.. I~y at tl~ ~thold To~n Hifll, M~fin Road, Southold, New York, on the 10th d~y of April, 19~0, at $:0~ o'clock P~I., 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 Boarc[ of the Town of Southold as follows: ;~. I. Chapter 100-~(Z~ning) of the Code of ~ Town of Southold is ~ded i~ deleting su~ethm ~ in its en- tirety and e~ tl~ lettering of subsections (E), (F), (G) and (H) to (D), (E), (lv) and (G) respectively. 1I. 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: March 2?, 1990 JUDITH T. TERRY SOUTHOLD TOWN CLERK IX-4/5/90(55) COUNTY OF SUFFOLK 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 befo e me this .......... ~-. ......... day of .......... ...... Notary Public BARBARA A. SCHNEIDER NOIARY PUfiUG, State of New York 9 ,.'.. ,'~gO684G