HomeMy WebLinkAboutLL-1990 #31LOCAL LAW NO. 31 . 1990
A Local Law in Relation to Affordable Housing District
BE IT ENACTED. by the Town Board of the ToWn of Southold as follows:
Chapter lO0(Zoning) of the Code of the Town of Southold is hereby
amended as follows:
Section 100-57{C) (Procedure) is hereby amended by adding
thereto a new subsection (7) to read as follows:
(7)
An applicant for a Certificate of Eligibility aggrieved by
any determination of the Director shall have the right to
appeal such determination to the Town Board at its next
regularly scheduled work session or to any standing
committee of the Town Board designated by resolution to
hear such appeals.
II. This Local Law shall take effect upon its filing with the Secretary
of State.
~YS DEPARTHEHT OF sTATE
9UREAU OF STATE RECORDS
162 Washington Avenue
Albany, H¥ 12231-0001
DA~: 1/16/91
Local Law Acknowledgment
Town of Southold
Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971
Attention: Judith T. Terry
DOS'236 (Rev, 6/90)
_l
Town of Southold __
The above-referenced material was received
and filed by this office as indicated.
Additional local law filing forms will be
forwarded upon request.
{Please Use this Form ior 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 usc italics or underlining to indicate new matter,
~l~3~ of Southold ............
Town .............................................
Local Law No ........ 3.1. ............... 0! the year 19.9.0. .......
A local law ............ I.n...R?.l.ey~ .o.n. 39..A..f .~9.r.dg.b. I?..~.o.u.s.i.n.g.p.i.g.~.r.i .c.t ............................
(Insert title)
Be it enacted by the .................. .T.o..~p...Bp.a.r. ql ........................................ of the
(Name of Legislative Body)
~il~x
Town
Southol. d. as follows:
i. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 100-57(C) (Procedure) is hereby amended by adding thereto
a new .subsection (7) to read as follows:
{7}
An applicant for a Certificate of Eligibility aggrieved by any
determination of the Director shall have the right to appeal
such determination to the Town Board at its next regularly
scheduled work session or to any standing committee of the
Town Board designated by resolution to hear such appeals.
II. This Local Law shall take effect upon its filing with the Secretary of
State
(I! 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 o! this local law and strike out the matter
therein which is not applicabl.e.J
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No.. 3.1 ..... of 199.0. .....
~ $outhold Town Board
of the To~vn of was duly passed by the .
tNarae of Legislative Body)
on ...D.e..c..e..m..b..e.r...2..fl. ........ 19 ..9.0.....'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 hereby certify that the local law annexed hereto, designated as local law No .......... of 19 ........
County
_. City
ot meTown of ................
Village
was duly passed by the ......... (Name of Leghlative 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.)
! hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........
County
.. City
ot tne 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'
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 Iaw.
(Subiect to permissive referendum, and final adoption because no valid petition filed requesting referendumJ
I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........
County
_. City ..................................
ot tl~e Town of ................ was duly passed by the ....... (Nameof LegislativeBod¥)
Village
not disapproved
on ............................. 19 ........and was approved by the ............................
repassed after disapproval 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 duty adopted
on ............................. 19 ......... in accorclance with the applicable provisions of law.
'Electi~'e Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if
there be none. the chairman o{ the county legislative body, the mayor o! a city or village or the supervisor o[ a town where such
o[[icer is ~'ested 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 the City of ................................. having been submitted to referendum pgrsuant 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 general election held on ............
............ 19 ......... became operative.
Date:
(County local law concerning adoption o! Charter.)
- l hereby certify that the local law annexed hereto, designated as local law No..:~1 ..... of' 1~9. ......
of the County of .$~f. fo. IK ............. State of New York, having been submitted to the Electors at the
General Election of November ....7 ......... 19.8..9..., 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 ..... A ...... above.
~erk of the County legislative body, City, Tow~'Village Clef
officer'designated by local legislative body
December 28, 1990
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..F..O...L.K.. ...............
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 enactmen]of thee l~cal law annexed here. tot
:
' ' ' "~ ' Signature
M/att Jew G. Kiernan, A§sistant Town Attorney.
Title
Date:
December 28, 1990
Town
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
December 28, 1990
2:32 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO AFFORDABLE
HOUSING DISTRICT".
Present:
Absent:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilman Thomas FI. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
Councilwoman Ellen M. Latson (out of town)
SUPERVISOR HARRIS: The second hearing for this afternoon is a "Local Law in
Relation to Affordable Housing District". Councilman Wickham will read it.
COUNCILMAN WICKHAM: "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 26th day of October, 1990, a Local Law entitled, "A Local Law in Relation
to Affordable Housing District". 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
Southoid Town Hall, Main Road, Southold, New York, on the 28th day of December,
1990, at 2:32 o'clock P.M., at which time all interested persons will be heard. This
proposed "Local Law in Relation to Affordable Housing District" 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 100-57 (C) (Procedure) is hereby amended by adding thereto
a new subsection (7) to read as follows:
(7) An applicant for a Certificate of Eligibility aggrieved by any
determination of the Director shall have the right to appeal
such determination to the Town Board at its next regularly
scheduled work session or to any standing committee of the
Town Board designated by resolution to hear such appeals.
il. 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: December 11, 1990. Judith T.
Terry, Southold Town Clerk." I have with this an affidavit, that it has been
published on the Town Clerk's Bulletin Board, Southold, New York. I, also, have
any affidavit of publishing in The Long Island Traveler-Watchman, and another,
that it has appeared in The Suffolk Times. We have one letter from the Chairman
of the Planning Board Bennett Orlowski, Jr. "Judith T. Terry, Southold Southold
Town Clerk, Main Road, Southold, New York. Dear Mrs. Terry: The following
Pg 2 - PH LL in relation to Affordable Housing Dist.
resolution was adopted by the Southold Town Planning Board at a meeting held on
Monday, December 3, 1990. WHEREAS the Town Board wishes to amend the provisiosn
of the Affordable Housing District to allow an aggrieved applicant for a Certificate
of Eligibility to appeal the decision before the Town Board or a standing committee
designated by resolution to hear such appeals, BE IT RESOLVED that the Planning
Board supports the proposed amendment. Please contact this contact this office if
you have any questions regarding the above. Very truly yours, Rennet Orlowski,
Jr., Chairman of the the Planning Board." I have another letter from the County
of Suffolk. "Town of Southold, Town Clerk. Gentlemen: Pursuant to the require-
ments 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." That's all the communications
we have on this.
SUPERVISOR HARRIS: Thank you, Councilman Wickham. This Local Law refers
to a change as far as a grievance, a grievance by applicants, and it mentions director.
A director in here means, of course, a community development director, who is in
charge of the Affordable Housing Program by Code. Are there any members of
the audience, who are either in favor or against, who would like to speak either
in favor or against this Local Law? (No response.) Hearing none, I declare this
public hearing closed.
~-~Judith T~. Terry'--
Southold Town Clerk
(]I~LIC NOTIC~ Lq HEREBY
m ~ 2~h d~ d Ck~. 1990, a
~OTIC~ IS PURTI4BR GIVBN
~ ,~- Tm, moi So.l]~d b hm~by
dmmo m m mmbmmtbmm (J~ U
mmd mm fdhmm:
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Sharon Rock of Mattituok, In
said County, being duly sworn, says that he/she Is principal
Clerk of THE SUFFOLK TIMES, a Weekly Newspaper,
published at Mattltuck, In the Town of Southold, County of
Suffolk and State of New York, and that the Notioe of which
the annexed is a printed copy, has been regularly published In
said Newspaper once each week for 1 weeks
successively, oommencJflg on the _ 20 day of
December t990
Sv~om to~ef~ me this~ ~_~=~_
LEGAL NOTICE
NOTICE OF 5
PUBLIC HEARING
ON LOCAL LAW
PUBLIC NOTICE ' iS
I~REBY GIVEN that thee ha~
be~a presented to the Town
B~ard of th~ Town of Southold,
Suffolk county, New YOS~, on
tl~~ 26th day 6r {~'tober., 1990,
Law Ih Rt4a#ou to
Ho~ l~sttlet"
NOTICE~ IS FURTHER
OI~N~ ~of
th~ ~ 6f ~old will~61d
a p.~ ~ ~e ~o~d
~ ~wat
H~t, M~ ~, ~u~l~
~,
P~., at w~
~o~
T~s p~s~ "~ ~ in
~la~on tO Af~le Ho~
Distri~"
~n ~ of ~e ~ff of
Southo~d ~ foH~s:
C~e of~th~ ~ of ~old
is h~ ~ ~ foH~:
~)'
~g'~o · n~ su~on
(7) to ~d ~ foH~s:
(7) ~ a~li~t for a Cer-
tifi~ of Eli~b~ty
~ ~ d~e~nntion Of, the
~or s~l have the right
ap~ such d~ntion to
the ~ ~,at i~ nmt
or to ~ s~ ~t~ of
the ~n ~ designa~ by
~lution to h~ such ap~.
eff~ u~n its filing Mth the
Cop~ of this
a~ble ~ the Offi~ of the
~ Clerk to ~y in~ed
~ons during busings
DASD: D~r 11~
JUDITH T. ~RRY
SOUTHOLD ~ CLE~
IX-12/~/~10)
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, c~f 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,
bas been published in said Long Island Traveler-Watchman
once eacll week for . .................. / ...... weeks
successively, commencing on the ....... ~?.~. 5 ........
(
Sworn to befo/'e me this ....... .~..Z~ .;~.. ....... day of
....... ..... ?..
Notary Public
BARBARA k ,~qNE1DE~
NOTARY HJ~LIO, ~te of
No. 4806846
Qualified in Suffolk
Commission Ex pir~l