HomeMy WebLinkAboutLL-1991 #02LOCAL LAW NO. 2 . 1991
A Local Law in Relation to Accessory Building Setbacks
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 100-331B) (Setbacks) is hereby amended to read as follows:
On lots containing up to twenty thousand (20,000) square feet,
such buildings shall be set back no less than three 13) feet from
any lot line.
On lots containing more than twenty thousand (20,0001 square feet
up to thirty-nine thousand nine hundred ninety-nine (39,999)
square feet, such buildings shall be set back no less than five
(5) feet from any lot line.
On lots containing in excess of thirty-nine thousand nine hundred
ninety-nine (39,999) square feet up to seventy-nine thousand nine
hundred ninety-nine (79,999) square feet, such buildings shall be
set back no less than ten (10) feet from any lot line.
4o
On lots containing in excess of seventy-nine thousand nine hundred
ninety-nine 179,999) square feet, such buildings shall be set back
no less than twenty (20) feet from any lot line.
II. This Local Law shall take effect upon its filing with the Secretary of State.
NYS DEPARTMENT OF STATE
BUREAU OF STATE RECORDS
162 Washington Avenue
Albany, NY 12231-0001
DATE: 2/I4/91
Local Law Acknowledgment
J-- Office of the Town Clerk
Town of Southold
To~m Ha11-53095 Main Road
P.O. Box 1179
Southold, NY 11971
J_ Attention: Judith T. Terry
DOS-236 (Rev. 6/90)
--I
_1
MUNICIPALITY
Town of Southold
LOCAL LAU(S) NO. J YEAR J FILING DATE
I G 2J 1991 J2/l?/ql
The above-referenced material was received
and filed by this office as indicated.
Additional local law filing forms will be
forwarded upon request.
NEW YORK STATE DEPARTMENT OF STATE
ocai Law Filing 162 $~ASltINGTON AVENUE, ALBANY, qY 12231
(Use this form to file a 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.
Cqt~ of Southold
Town
Local Law No ................... .2. ................................ of the year 19 ,9..1. ....
A local law ........... .!.n......r..e.,[.a..t..!P.,.n..,..t,0....~Gc.e.s.s.q .r.Y.....B...u.J!,.d.j.n..q....S...e..t..b...a.~ ........................................................
(Insert Title)
Be it enacted by the ...................... ..T..g..w...O.....B...o..a..r...d. ....................................................................................... .of the
(Name of Legislative Body)
~iXyX of Southold as follows:
Town ..................................................................................................................................................
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended
as follows:
I. Section 100-33(B) (Setbacks) is hereby amended to read as follows:
On lots containing up to twenty thousand (20,000) square feet,
such buildings shall be set back no less than three (3) feet from
any lot line.
On lots containing more than twenty thousand (20,000) square feet,
up to thirty-nine thousand nine hundred ninety-nine (39,999)
square feet, such buildings shall be set back no less than five
(5) feet from any lot line.
On lots containing in excess of thirty-nine thousand nine hundred
ninety-nine (39,999) square feet up to seventy-nine thousand nine
hundred ninety-nine (79,999) square feet, such buildings shall be
set back no less than ten (10) feet from any lot line.
On lots conta!ning in excess of seventy-nine thousand nine hundred
ninety-nine (79,999) square feet, such buildings shall be set back
no less than twenty (20) feet from any lot line.
!1. This Local Law shall take effect upon its filing with the Secretary of State.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
005-239 (Rev. 7/90)
(Complete the certification in the paragrap!~ that applies to the filing of this local law and
strike pul that which is uot applicable.)
1. (Final adoption by local legislative body only.)
.ereby certify that the local law annexed hereto, designated as local law No. 2 of 19 91
of the (~RX)(~il:x)(Town)(V~lt~g~ of Southold was duly passed by the
Town Board - on February 5, 19 91, in accordance with the applicable provisions of law.
(Name of Legislative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No.
of the (County)(City)(Town)(Village) of
on 19
(Name of Legislative Body)
disapproval) by the and was deemed duly adopted on
(Elective Chief Executive Officer~)
in accordance with the applicable provisions of law.
of 19
was duly passed by the
, and was (approved)(not disapproved)(repassed after
19
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. pt' 19
of. the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
[Name of Legislative Body)
disapproval) by the on 19 Such local law was
(Elective Chief Executive Officer~)
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
19 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local laxv No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
(Name of Legislative Body)
disapproval) by the on 19 Such local la~v was subject to
(Elective Chief Executive Officer~)
permissive referendum and no valid petition requesting such referendum was filed as of 19
in accordance with the applicable provisions of law.
*Elective Cblef Executive Officer means or includes the chief executive officer of a county elected on a
couuty-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 the power to approve or veto local
laws or ordinances.
5. (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 section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on
19 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. 2 of ICH
of the County of Suffolk , State of New York, having been submitted to
the electors at the General Election of November 7 19 89, pursuant to subdivisions 5 and 7 of
section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majori~ 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 appropritate certificafiou.)
I further certify that I have compared the preceding local law with the original on file in this office m~d 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 I , above.
(Seal)
or officer designated by local legilsative body
Judith T. Terry, Town Clerk
Date: February 6, 1991
(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 SUFFOLK
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 enactment of the local law annexed hereto.
l~gnatlhr'~ '
Matthew G. Kiernan,
Ti[la
Assistant Town Attorney
~y
~i~ of Southold
Town ·
Date: February 6, 1991
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
February 5, 1991
4:30 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO ACCESSORY
BUILDING SETBACKS".
Present: Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Latson
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: At this time the Town of Southold would like to address
a "Local Law in Relation to Accessory Building Setbacks". Tom Wickham will read
the proof of publication, and verification of Local Law posting.
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 8th day of January, 1991, a Local Law entitled, "A Local Law in Relation
to Accessory Building Setbacks". 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 5th day of February,
1991, at 4:30 o'clock P.M., at which time all interested persons will be heard. This
proposed "Local Law in Relation to Accessory Building Setbacks" 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 100-33(B) (Setbacks) is hereby amended to read as follows:
1. On lots containing up to twenty thousand (20,000) square feet,
such buildings shall be set back no less than three (3) feet
from any lot line.
2. On lots containing more than twenty thousand (20,000) square
feet up to thirty-nine thousand nine hundred ninety-nine
(39,999) square feet, such buildings shall be set back no less
than five (5) feet from any lot line.
3. On lots containing inexcess of thirty-nine thousand nine
hundred ninety-nine (39,999) square feet up to seventy-nine
thousand nine hundred ninety-nine (79,999) square feet, such
buildings shall be set back no less than ten (10) feet from any
lot line.
Pg 2 - LL in Relation to Accessory Bldg.
4. On lots containing in excess of seventy-nine thousand nine
hundred ninety-nine (79,999) square feet, such buildings shall
be set back no less than twenty (20) feet from any lot line.
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: January 22, 1991. Judith T.
Terry, Southold Town Clerk." I have before me a notice of having been posted
here in the Southold Town Hall, and I, also, have before me a notice that this
Local Law has been published in The long Island Traveler, and I understand it's
also, been published in The Suffolk Times. I have, also, a letter from Arthur
H. Kunz, Director of Planning. To: Southold Town Clerk. Applicant: Town of
Southold, Zoning application, Amendment to Section 100-33(B) of the Code of the
Town of Southold. Gentlemen: Pursuant to the requirements of Section 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. I have a letter from the Southold Town Planning
Board. Judith T. Terry, Town Clerk, Southold Town Hall, Southold, New York.
Dear Mrs. Terry: During the Planning Board's meeting of January 4, 1991, the
following resoltuion was passed regarding the proposed amendment to Local l_aw
14, 1990, which was referred by the Town Board on January 11, 1991. BE IT
RESOLVED that the Planning Board endorses the proposed amendments to Section
100-33(B) of the Zoning Code as presently written. Very truly yours, Bennett
Orlowski, Jr., Chairman.
SUPERVISOR HARRIS: Thank you, Tom. Having heard the beforementioned Local
Law being read, are there any members of the audience who would like to speak
either in favor or against this Local Law change? (No response.) Seeing none,
I will declare this public hearing closed.
~WJudith T. Terry ~
Southold Town Clerk
Smdlmld, Suffolk Century, New Yo~k,
· m t~ Sth day of January, 1991; a
Lmm~ law e~titled, "A Local Law in
~ to Amy Building ~et.
NOTICE IS FURTHER GIVEN
lisa em Town Beard of the Town
· msin~d will ho~d a ~ hearing
om ~ aforesaid Local Law at th~
· mml~d Town Hall, Main Road,
~mdmld, New York, on rite 5th day
mf It~t'uary, 1~1, at 4:3~ o'clock
P.M,." which dine ~11 interested pm*-
~A~ pr~x~d "Local Law in Re-
lmMmm to Accessory Building Set-
baM~ds, follows:
I~ rr i~ACT~D by the Town Bo~l
L ~ 100 (ZminS) of rt~
dlb Town ~ Soud~d is hereby
1. Sectim~ 100-33(B) (Setha~s) is
he~oy ~ to ~.~d u rd.
L On lots containing up to
twenty thousand
sqnare feet, such
shall bu set t~md~ no less than
three (3) feet from any
~. On lms c~ntnlnl-g mo~ dram
twenty thousand (20,00e)
square ~ up to thi~y-nine
· th~s~d nine bundred nine-
ty-nine (39,~9~) square f~t,
such b~i]dings'shall ~ set
back no inss than five (5) feet
f~m say let I~
3. On le~s con~ i~ excess
of thirty-nine thousand nine
hm~t~ed M~n~'og,~)
~et, such buildings
set back no less than ~m 00~
fee~ from any lo~ lin~.
4. On lots comaining in mmda
of seventy-nine
nin~ hundred
'(79,999) square f~
less than twenty (20) feet
H. This Local Law shall taka
upon its f'tling v~th Otc ~
of StYe.
to any interested pen~s dmin~ Imsi-
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK}
~'~/~C~/~/ /~ ~ of Mattltuok, In
said County, beln~ duly sworn, says that he/she Is Principal
Clerk of THE SUFFOLK TIMES, . Weekly Newspaper,
published at Mattltuck, in the Town of Southold, County of
Suffolk and State of New York, and that the Notice of which
the annexed IS a printed oopy, has been regularly published In
said Newspaper once each week for / weeks
sucoessively, commencing on the ~'/ day of
L~EGAL NOTICE
' , NOnCE,OF' '
FUnEIC HEARING
PUBLIC NOTICE IS
HEI~I~Y C. dVEI4~tlUd there' has
b~a ~ted 'to the Town
Koard of the Town of Southold,
Suffolk County, New York, on
the 8th day of J~nunty, 1991, a
Loc~ Law entitled~ !'A Loeai
:Law iu Relation' to Acce~ory
BuHd#lg Sathck~:'
NOTICE IS FURTHER
GIVEN that the Town Board of
the ~lbwn of Southold wtll'hold
a ImbHc Ilemlug on the aforesaid
Local Law at,the Southold Town
Halt, Main Road, Southold,
New York, on the Sth dn~ of
February, 1991, at 4'.~0 o'clock
PM, at which time all interested
persons will be heard.
This proposed "Local LaW in
Relation to Accessory i~uilding
Setbacks" reads as follows:
BE IT ENACTED by the
~wn Board of ~the Town of
Sonthold as follows:
t. Chapter 100 (Zoning) of the
Code of the ~own of Southold
is hereby ameMed as failg~vs:
I. Sactinn 100-33(B) (Set-
backs) is hereby amended to
r~afi as follow's:
1. On 10ts containing up to
twenty thousand (20,000) square
feet, such buildings shall he set
b~ck no les~ than th~e (3) feet
from any lot line.
2. On lots containing more
than twenty thousand (20,000)
square feet up to thirty-nine
thousand nine huQdred ninety-
nise ~_~9,999) square feet,
buildings shall he set back no
less than five (5) feet from any
lot line.
J. On lots containing in excess
of thirty-nine thousand nine
hundred ninety-nine (39,999)
square feet up to seventy-nine
thousand nine hufldred ninety-
nine (79,999) ~are feet, such
b~ sh~ he set back m~ !e~
than ten (10) feet from any lot
line.
4. On lots containi~ in t~xess
of'~'renty-aine thousand nine
hundred ninety-nine (79,999)
square feet, such bnildlng diall
he set back no less than twenty
(20) feet from any Io~ line.
II. This)~ocal Lawshall 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: January 22, i991
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
1X-1/31/91(9)
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is thc
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 tire ......... '57: ..........
· · ·
d ~ y.,fi~:~.q \ ~'~'z'L~'.~'~7 ...... I 9 .....
Sworn to before rne Ibis ......... '?./. iT. ..... clay of
......... ~ ...... 19..~./..
,./
Notary Public BARBARA A, SCHNEIDER
NOT,t~F.'! PUBL!C, State of New York
No. 480,S846
~] J,heJ in, olk County ~