HomeMy WebLinkAboutLL-1990 #09 LOCAL LAW NO. 9 - 1990
A LOCAL LAW IN RELATION TO AFFORDABLE HOUSING
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. Article V, Section 100-56(D) (Affordable Housing
District) is amended to read as follows:
D. Eligibility. In each AHD, the sale or lease
of dwelling units and unimproved lots reserved
for moderate income families, who have not had
any ownership interest in any residence for the
past 3 years, shall be allocated on a priority
basis, in the following order:
(~)
To eligible applicants who have resided and
have had primary full time employment of
either spouse, if applicable, within the
Town of Southold for a period of at least
one year at the time of their application.
(2)
To eligible applicants who have either
resided or have had primary full time
employment of either spouse, if applicable,
within the Town of Southold for a period of
at least one year at time of their appli-
cation.
(3) To all other eligible applicants.
II. This Local Law shall take effect upon its filing with
the Secretary of State.
Date
Local Law(s) No. ~
Year~1990__
M a nicipalit Y -~T_m.m ~cuE_ ~ malr2m2d~
Please he advised that the above-referenced.~,~ ,riaI was received and
this office on 5/14/90 _ ~.~?} . filed by
Additional forms for filing local laws ~,;;~ this office Mil be forwarded upon
request.
IL~'CEIVED
MAY 2 9 ~
NYS Department of State
Bureau of State Records
(Please Use this Form ior Filing your Local Law with the Secretary ot State)
Text of law should be given as amended. Do not include matter being
eliminated and do not use itatics or underlining to indicate new matter.
G:~t~'X Xo! Southold ............................
Town .............................
Local Law No ......... .9 ............... o! the year 19 .9.0 ........
· Relation to Affordable Housing
Alocailaw.........In .... ..... ...............................................................
{Insert title)
............... of the
Be it enacted by the .......... Town Board ..................
{Name of Legislative Body)
(~i]~EXX of Southold ....................... as follows:
Town ....................................................
Chapter 100 (Zoning) of the Code of the Town of' Southold .is hereby amended
as follows:
1. Article V, Section 100-56(D) (Affordable Housing District) is amended to
read as follows:
D. Eligibility. In each AHD, the sale or lease of dwelling un~ts and
unimproved lots reserved for moderate income families, who have not had
any ownership interest in any residence for the past 3 years, shall be
allocated on a priority basis, in the following order:
(1) To eligible applicants who have resided and have had primary full
time employment of either spouse, if applicable, within the Town of
Southold for a period of at least one year at the time of their appli-
cation.
(2)
To eligible applicants who have eith6r resided or have had primary
full time employment of either spouse, if applicable, within the Town
of Southold for a period of at least one year at time of their applica-
tion.
(3) To all other eligible applicants.
II. This Local Law shall take effect upon its filing with the Secretary of State.
additional space is needed, please attach sheets of the same size as this and number each)
(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..}
1. (Final adoption by local legislative body only.}
1 hereby certify that thc local law annexed hereto, designated as local law No .... 9. ....of 19.9..0. ....
.. XX~XX, Southold Town Bonrd
pt me Town o~ ................ was duly passed by the ........................................ (Name of Legislative Body)
on ..... ~p.,/...8. t .............. 19 .?.0.....' 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
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 ............ '[l~ll[l~lg~fYe~i~l~;ive 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.
County
City
of the of ................
Town
Village
........ of 19 ........
was duly passed by the .........................................
{Name of Leg:slati}e 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.
(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
ottne 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 Chic{ 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 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 certify that the local law annexed hereto, designated as local law No ......... of 19 ........
of thc City of ................................. having been submitted to referendum pursuant to thc
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 genera~ election held on ............
............ 19 ......... became operative.
6. (County local law concerning adoption o! 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.)
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 ...... 1. ...... above.
Date: May 8, 1990
~Clerk of the County legislative bo~ly, City. ~n or Village Clerk or
officer designated by local legislative body
Judith T. Terry, Town Clerk
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF .~.q?.P...0.kK .................
I, the undersigned, hereby certify that the foregoing locaI~la.w~conta?-r~ the correcl text and that all
proper proceedings have been had or taken for the enactment ~frt~ i~e~local law annexed herei~.
~-~c~i'' ..... ~.?. ..... ....
' ..... .......... ' ......................
Harvey A. Arnoff, Town~A:.[~orney
................ .................
Date: May 8, 1990
Town
of . .S.o.u.t. bg.~.~ ........................
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
May 8, 1990
8:00 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO ZONING".
Present:
Supervisor Scott L. Harris
Justice Raymond W. 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 a "Local Law
in Relation to Zoning". We're amending Article V, Section 100-56, that's an
affordable housing law, and George Will read the publication.
COUNCILMAN PENNY: "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
10th day of April, 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 8th day of May, 1990, 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:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended to read as follows:
I. Article V, Section 100-56(D) (Affordable Housing District) is
amended to read as follows:
D. Eligibility. In each AHD, the sale or lease of dwelling units
and unimproved lots reserved for moderate income families, who
have not had any ownership interest in any residence for the past
3 years, shall be allocated on a priority basis, in the following
order:
(1) To eligible applicants who have resided and have had primary
full time employment of either spouse, if applicable, within th~
Town of Southold for a period of at least one year at the time
of their applciation.
(2) To eligible applicants who have either resided or have had
primary full time employment of either spouse, if applicable,
within the Town of Southold for a period of at least one year
at the time of their application.
(3) To all o~her eligible applicants.
II. This Local Law shall take effect upon its filing with the Secretary of
State. Copies of tl~is Local Law are available in the Office of the Town Clerk
to any interest persons during business hours. Dated: April 24, 1990. Judith
T. Terry, Southold Town Clerk." I an affidavit of publication from the Traveler-
Watchman, an affidavit ~f publication from the Suffolk Times, an affidavit of posting
from the Town Clerk, that this has been posted for the appropriate time o1~ the
Pg 2 PH LL in Relation t :oning
Town Bulletin Board. The following communication from the County of Suffolk
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. From the Southold Town Planning Board, the Planning
Board has reviewed the proposed amendment to the Zoning Code which would
change the eligibility criteria for recipients of affordable housing. It has no
problem with the amendment as it is proposed. That's from Bennett Orlowski,
Jr., Chairman. There are no further communications.
SUPERVISOR HARRIS: Thank you, George. At this time, we'll entertain Comments
on this public hearing from the audience. Would anybody like to speak at this
time?
HERBERT MANDEL: My name is Herbert Mandel, and we are builders, or trying
to be builders Over on an affordable housing project here in Southold, known
as Highpoint Meadows. We've had considerable experience with the formation
of the housing code, as it exists. The purpose of having the priority in the
Code was to prevent, in one sense excluding people, who do not live in Southold
from having the opportunity to live in Southold, having evidence by working
in Southold, living elsewhere. Also, for such people, the benefits of Southold
would be substantial, much more so actually than those who live in Southold,
because the funds that these people would spend to live, would be spent in
Southold, where they would be getting the benefit. But exclusion, ~ mean, in
the sense that the percentage of people so situated, is probably less than 10%
of the total. In other words, if you were to say that after accepting ten
Southolders, you would accept one who does not Currently live in Southold, that
might not be as exclusionary. But if you do it that way the present resolution
is prepared, I think it would be excluding people, who you really want to have
live in Southold. I think that if you go through the records of the applicants,
that you now have, you'll find what I'm saying in correct, that less than 10%,
if that much, are people who currently do not live in Southold, and I'm not
suggesting that Southolders should not benefit. I think the Town would benefit
substantially by having people, who do not live in Southold, get the opportunity
to live here, as well as Southolders themselves. I think the way this present
resolution is formed, it could be modified, and still be able to acheive the results
that you want. Thank you.
SUPERVISOR HARRIS: Thank you. Yes?
~¥1LLIAM PELL: Billy Pell. I apologize for not reading it on the bulletin board,
but how would it effect somebody, who was born and brought up in Southold,
lived here all his life, but works at Grummans? How would that place him on
the list? ·
SUPERVISOR HARRIS: Harvey, would you like to answer?
TOWN ATTORNEY ARNOFF: The first criteria is live and work.
WILLIAM PELL: In Southold?
TOWN ATTORNEY ARNOFF: Live and work in Southold.
WILLIAM PELL: So a fellow who was born and brought up here, and couldn't
Pg 3 PH LL in Relation to Zoning
get a job here. My question is, he works in Grumman's, he's a secondary
citizen then.
TOWN ATTORNEY ARNOFF: No. There's no such thing as a second class citizen
in the Town, Mr. Pell. That's not what we're saying. We're giving priorities.
The priorities, that are being suggested are the priorities of live and work first,
live or work second, and all other parties fit into catagory C. That's the way
it was set up.
WILLIAM PELL: Back to original statement, Counselor, and I address it to the
Board, if a fellow, and I'm thinking of one particular person now, who I went
to school with, lived here, rents a house, has not worked here, but who's wife
is born in the town, he was born in this town, he has to work out-of-town to
get a job, so therefore he would be placed second on your list.
COUNCILWOMAN LARSEN: It's for those who live and work. But, Bill, if his
wife has a job here, than they qualify because she lives and works. They live and
work.
WILLIAM PELL: Back to my original statement. Secondary.
SUPERVISOR HARRIS: Tom, would you like to make a comment?
COUNCILMAN WICKHAM: Well, Bill, if this person has a wife, and this is somewhat
speculative, and the wife is working here, as well as living, then they would
come in category one.
WILLIAM PELL: If.
SUPERVISOR HARRIS: Thank you. Is there anybody else? Yes?
JUDY COLLINS: Judy Collins of Southold. I've been able to keep an eye on
what's been happening with affordable housing during my past career as a reporter.
However, I'm here as a private citizen. I wanted to make that clear. Affordable
housing in Southold Town is just as difficult to acheive on the whole East End.
What we need to do is make sure we address the needs of all East Enders, Southold
Town residents, including the elderly. What I want to do is put on record here,
that the eligibility requirements should above all give priority to the people who
live in Southold Town, wlhether they work here or not. What about the people
who don't have a job anymore, they're retired. Have you addressed that? They
are just questions, just things I want to put out to you, because that's what
this is for. People who wish to relocate here, who wish to work here, in my
opinion, should also given the opportunity to live in Southold Town on an affordable
basis. It's hard enough to acheive it. It's just so difficult, as we all know.
I hope I can take this time now to recommend that, maybe we should start to
rethink this, and think more of town involvement, instead of just all full town
involvement, instead of having the developers be the ones to come up with the
affordable housing. It's working in other towns, it might work here, too.
SUPERVISOR HARRIS: Thank you. Is there anybody else, who would like to
spead on this public hearing? (No response.) Hearing none, I'll close this public
hearing.
Southold Town Cle~l~
lafio~l to Zoning" reads as follows:
N~E IT ENACTED by the Town
Boa~ of the Town of Southnid as
(1) To ali~ib~ ~oplicant~
who ha~ ~tided ~d
ha~ hM ~ ~
d of ~ ~st ~e ~r
t the time of their
t or ~ve hM p~a-
loyment of either
~use, ff a~lieable,
'ithin the Town of
~e time of their ap-
O; To aH ~er eligible
m~ of Ss
Copies of his ~cal Law
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
//_~/~ //.~,~_/c~~ of Mattituck, in
~ ~.0~, being ~uly sworn, s~ that he/she is Principal
Clerk ~ THE SUFFOLK TIMES, a Weekly Newspaper,
published at Mattituck, In the Town of Southeld, County of
Suffolk and State of Mew York, and that the Notice of which
the annexed is a printed copy, has been regula~ published In
said Newspaper once each week for / weeks
successively, comme. Jt_cing on the .~ day of
/
Sworn to before me thb
day of ~'~ ~-/-/~ 19~
LEGAL NOTICE
! NOT[CE OF
PUBLIC HEARING
ON LOCAL L~
PUBLIC, N(~flCl$ ~emby
thc ~ of ~out~ld; Suffolk
County, N~ York,~ the
day ofAp~ l~f~ ~
entitled, "A ~
NOTICE' 'IS~ FURTHER
GIVEN that the ~n
th,~~~
a ~~ ~d
~ ~ m ~ ~uthoM ~
HaHF M~ ~d, Southold,
New York, ~n ~ ~ day of
May, 1~, at $~ o~ P~.,
at which time all inte~sted
sons wil! ~ heard.
T~s pro~sed "~cal
~lation to ~ning" ~s
follows:
BE IT ENACTED by the
Town Board of ~e T~n of
~ut~ld as follo~:
1. Chapt~ 1~ (~ning) of the
C~e of the T~n of Southold
is hereby ~en~ to read as
follows:
1. A~ticle: V, Section
1~5~ (Affo~able Housing
District) is am~nd~ to ~ad as
foll~s:
D. Eli~bility. In each ~D,
the sale or lea~ of dwelling
units and unimproved lots
~rv~ for motivate income
families, who ha~e ~t had any
ownership in.rest in any
r~iden~ for th~ ~t 3 ye~,
sh~ ~ ~locat~ ~ a.~orlty
basis, in the fo~ng o~er:
(1) ~ eligible ~pplic~ts who
have ~sided and have had
primary full ti~ employment
of either spous~ if applicabl~
wi~n the Town of~ f6r
a ~riod of atilt one ~ar at
~the time of t~ir a~ion.
(2) To e~ble app~ts who
have either ~si~ or have had
primary full time ~ployment
of either spouse, if applicabl~
~n the T~n of ~uthold for
a ~od of at l~t one year at
the ~me of their application.
(3) To all other eligible
appli~ms:
Il. ~is ~eal Law shall take
eff~t u~n its fffing with the
Sec~ of State.
Copies of this ~e~ ~w
available in the Office of t~
Town Clerk to ~y inte~t~
persons during busings hoars.
DATED: April ~, I~
JUD~ T. ~RRY
SOUTHOLD ~ CLERK
IX-5/3/~(5)
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 TraTler-Watchman
once each week for ........................... weeks
successively, commencing on the ......................
day o' ...... 9
Sworn to before me this ..................... day of
..................
Notary Public
B/2;]2,'l,A A. SCHNEIDER
[!3T,:~RY i Li~Ug, Siate of New York
!%, 4306846