HomeMy WebLinkAboutLL-1990 #06LOCAL LAW NO. 6 - 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:
II.
1. Section 100-33 is hereby amended to read as follows:
In the Agricultural-Conservation District and Low-Density
Residential R-80, R-120, R-200 and R-400 Districts, accessory
buildings and structures or other accessory uses shall be located
in the required rear yard, subject to the following requirements:
This Local Law shall take effect upon its filing with the Secretary of
State.
5/~ 90
Date _ --
Local Law(s) No. 5 thru 7
Year 1990
Municipality Town ot~ Southold
Please be advised that the above-referenced material ,,vas received and filed by
this office on 5/8/9~0
Additional forms for filing local laws with this office will be forwarded upon
request.
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.
~']I~ X )~ Southold
oWn ~,t .........................................................
Local Law No .......... 6. .............. of the yeaF 19,9.0. .......
Aiocallaw.ln Relation to Zoning .......................................
(Insert title)
Be it enacted by the Town Board ................................... of the
{Name of Legislative Body}
]~.K~<XX of ............................. Squ.thol.c{ ..................................... as follows:
Town
Il.
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 100-33 is hereby amended to read as follows:
In the Agricultural-Conservation District and Low-Density Residential
R-80, R-120, R-200 and R-400 Districts, accessory buildings and
structures or other accessory uses shall be located in the required
rear yard, subject to the following requirements:
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 appiicabl.e..)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No ..... 6.... of 19.9..0. ....
.. x xx.
ot me Town o~ ...S. 9.u.t.h.°.l.d. .... was duly passed by the .. Y.q~rt .Bg~.r. cl ..........................
(Name of Legislative Body)
on ......... ..A.p..r!!...1.0. ~. ..... 19.9.9.....' 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 the Town of ................ was duly passed by the .........................................
(Name of Legislative Body)
Village
not disapproved
on ............................. 19 ........and was approved by the ............................
repassed after disapproval 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
' h City
ott eTown 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 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.)
[ hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........
County
_. City
o!tl~eTown 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 o! 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 supervisor of a town where such
officer is vested with power to approve or veto local laws or ordinances.
{2)
o
(City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No .........of 19 ........
of the City of ................................. having been submitted to referendum pursuant to the
provisions 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 voting thereon at the generat election held on ............
............ 19 ......... became operative.
6. (County local law 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 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 paragraph .... 2.. ...... above.
Date: April 10, 1990
~le~kr or'he County ~egislative body, City, Town/o/.r~illage Clerk or
officer designated by local legislativ~'~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..~..O..L..K. ................
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
i~nT,~ I law annexed hereto.
proper proceedings have been had or taken for the enac oca
· .l:7 ........... .......
Signature
Na. t, t,b,e?.. 9.....K i .e rP.a.n. ,...A.s.s.i.s.t?.n.t.. T.o.w.p..A..tt.o.r..n.ey.
Title
Dh/e:
April 10, 1990
~x
IKi~XXX of
Town
Xidex
.S.o. V .t .h.o.I .d. ........................
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
April 10, 1990
8:07 P.M.
IN THE MATTER OF A 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.
Councilman Thomas H.
Town Clerk Judith T.
Town Attorney Harvey
Wickham
Terry
A. Arnoff
SUPERVISOR HARRIS: We'll move on to the next public hearing. Tom?
COUNCILMAN WICKHAM: "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, at 8:07 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 100-33 is hereby amended to read as follows:
In the Agricultural-Conservation District and Low-Density
Residential R-80, R-120, R-200 and R-400 Districts, accessory
uses shall (may) be located in the required rear yard, subject to
the following requirements:
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." In plain English, what it says is previously
accessory uses may be permitted in various yards, now it requires that they
only be permitted in the rear yard. I have an affidavit, that this was presented
here at the Town Clerk's Bulletin Board in Southold Town Hall. I have another
affidavit, that the legal notice appeared in the Long Island Traveler-Watchman,
and a third one, that the legal notice appeared in the Suffolk Times on the 5th
day of April, 1990. I have several written notices, that have been received by
us in regard to this. The first is from the County of Suffolk, dated March 21,
Gentleman, 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
Pg 2 - LL in relation to Zoning
as either an approval or diapproval. Very truly yours, Arthur H. Kunz,
Director of Planning. I have another communication from the Southold Town
Planning Board, from Bennett Orlowski, Chairman of that Board, dated, received
here on March 27, 1990, and I quote. The Planning Board has been asked for
its recommendations on a proposed amendment to Chapter 110-33 of the Zoning
Code. The proposed change will require that all accessory structures within
the Agricultural-Conservation and residential zoning districts shall be located
in the required rear yard of the property in question. The following resolution
was adopted at the Planning Board's public meeting on March 26, 1990. WHEREAS,
the legislative intent is to reinforce the meaning that accessory structures are
permitted as of right in rear yards only, and WHEREAS the Planning Board finds
that there are many lots where the side yard is of sufficient width to accomodate
such accessory structures within the side yard setback, or where the shape of
the lot is such that the required rear yard may be of insufficient depth to accomo-
date the placement of accessory structures, but where the side yard is of sufficient
width such structures within the required side yard setback, WHEREAS, requiring
such property owners to apply to the Zoning Board of Appeals for relief would
be an unnecessary burc!en of time and money; and WHEREAS the purpose of so
restricting owners of residential and farm properties is not clear; BE IT RESOLVED
that the Planning Board is opposed to passage of the proposed amendment. Further
study is recommended, preferably before the Planning and Zoning Committee.
I have another brief reference to that, also from the Planning Board, wishes
to emphasize its opposition to the passage of the above-referenced amendment
that is scheduled for a public hearing this evening, and this one we received
today.
SUPERVISOR HARRIS: Thank you, Tom. Is there anyone in the audience, who
would like to speak on behalf of this public for or against? (No response.) Hearing
none, I'll declare this public hearing closed.
I,~GAL NOTICE
NOTICE OF PUBLIC
HEARING O~ LOCAL LAW
PUBLIC NtYl'ICB IS HBR~By
GIVI~N that there has been pm-
seined to the Town Board o~ tim
Tovm of Seuthold. Suffolk C-~mly,
New York, on the 13th day of
Ma~h, 19~0, a Leoal Law emitled,
"A f~al Law In Relation to
NOT~CE IS FURTHER GIVEN
~mt ~he Town Board of the Town
Sm~thold will hold a public b~r-
[n~ on ~ aforesaid Local Law at
the Southold Town Hall, Main
R~d, ~oothold. New Yo~k, oe
1~ day of April, 1990, nt
o'clock P.M., at which time all
~..~.sted ~erse.s will be heard.
This proposed =Local Law in
R~atinn to Zoning" reads as roi-
BE ~T ENACTED by the
l~mrd of the Tovm of Southold as
f~lows:
L O~apter 100 (Zoning) o~ tl~
Code of the Town of S~a~4d
is hereby ammded ~ luau.:
1. Section 100-33 is
amended to read as fol-
~n the Ag~iculturai-C~mer.
ration District and Low-
Density Residential
R-120, R-200 and R-400
Districts. accessory uses
shall (may) be located in
the requi~d r~ar yard. sub-
jcct to thc following re-
STATE OF NEW YORK)
)SS:
COU#TY OF SUFFOLK)
' saldCo~ being duly sworn, s~he/she ~ Principal
Cler~of THE SUFFOLK TIMES, n Weekly Newspaper,
published at Mattituo~ in the Town of ~uthold, Coun~ of
Suffolk and State of New Yor~ and that the Notice of which
t~ annexed b n ~lnt~ eo~, ~ b~n r~uln~ publlsh~ In
said Newspaper once each week for / weeks
succes~ly, commencing on the ,~ . day of
This Local Law shatl talc ~ 1~
~ ~ m ~y ~ ~s dur- ~. ~
~UD~ T. T~Y
~U~O~ ~ C~K
LEGAL NOTICE
PIJBLIC- ]tF. ARINO
ON LOC~
PUBLIC. N,OWICi~ IS
~ oft~ ~
suffol~ ~ty, ~ ~k, on
~~ to~,,
N~lC~ IS FU~HER
OI~N ~t'th,;~ ~ of
th~ ~a of ~uthoM ~I hold
Hall, M~;-ilload, Southold,
Ne~'York, o~ tl~ l~lh,ds~' of
Ap~l, l~'~lM ~ o'd~
perso~ ~11 ~ ~:
TMs pro~ ~w in
~lation to ~gs' ~ds as
follows: ' ~ ~,
BE IT ENA~D by the
%wn ~ of ~e %wn of
~uthold ~.follows:
I. ~ 1~ (~) of ae
Cod~of the ~ of ~u~old
is h~y mend~ ~ follo~:
1. ~on 1~33 ~ he.by
mend~ to ~d as follows:
In the Agricultural-
Conse~fion ~stfi~d ~-
subject to the following
~ents.
II. This ~ ~w shMl ~ke
eff~ ~n its firing with the
~pi~ of ~is ~ ~w ~e
a~lab~ in ~e Offi~ of the
%wn Clerk to any Mt~
~ons dufin~ business hours.
DATED: Mmh 27, 1~
JUDITH T. ~RRY
SOUTHOLD ~WN CLE~
IX~/~/~3)
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
Notary Public
BARBARA A. SCHNEIDER
NOiAR~ f'UBLIC, Sta!e of New York