HomeMy WebLinkAboutLL-1991 #19LOCAL LAW NO. 19 - 1991
A Local Law in Relation to Hotel or Motel Uses
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended
as follows:
I. Section I00-101(B)(2) is hereby amended to read as follows:
Hotel or motel uses as set forth in and regulated by Section
100-61B(4) of the Resort Residential (RR) District, except
that the minimum lot size shall be o~e-(-~-eere three (3) acres.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* Overstrike represents deletion(s)
** Underscore represents addition(s)
RYS DEPARTMENT OF STATE
BUREAU OF STATE RECOROS
162 Washington Avenue
ALbany, NY 12231-0001
DATE: 8/28/91
Local Law Acknowledgment
JUDITH T TERRY
ToWN OF SOUTHOLD
TOWN HALL
53095 MAIN RoAD
SOUTHOLD NY 11971
DOS-236 (Rev. 6/90)
MUNICIPALITY
~ Te?~n of Se~tho!d
LOCAL LAW(S) NO. / YEAR
~0C18 thru 21 1991
FILING DATE
8/19/91
The above-referenced material was received
and filed by this office as indicated.
_l
Additional local law filing forms will be
forwarded upon request.
Law Filin
NEg YORK STATE DEPARTMENT OF STATE
162 WASHINGTON 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 indica:te new matter.
Southold
of
Town
Local Law No ............. !..9. ............. ! ...................... of the year 19 91
In Relation to Hotel or Mote Uses
A local law ...........................................................................................................................................................................
(Irmert Title)
Town Board
Be it enacted by the ..................................................... of the
(Name of Legislative Body)
Town
$outhold
of ........................................................................ as follows:
II.
Chapter 100 {Zoning) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 100-101(B){2) is hereby amended to read as follows:
Hotel or motel uses as set forth in and regulated by Section
100-61BI4) of the Resort Residential (RR) District. except that
the minimum lot size shall be three [3) acres.
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)
O0S-239 (Rev. 7/90)
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
i. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 19 of 19 91
of the (~totmx~)(6~k~(Town)(~i~go~ of $outhold was duly passed by the
Town Board. on August 13, 19 91, in accordance with the applicable provisions of law.
(Name of Legmlative 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)(¥illage) 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. 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 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 taw.
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 law 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 law was subject to
(Elec/~ive Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of 19
in accordance with the applicable provisions of taw.
*Elective Chief 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 apl~rove or veto local
laws or ordinances.
(2)
(City local law concerning Charter revision proposed by petition.)
I hereby certify that the local laxv 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 Char~r.)
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 appropritate certiflcatiou.)
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.
(Seal)
Clerk j~l~ounty legisla~;ive body, City, Town o~ilIage Clerk
~ or officer designated by local legilsative tl~ody
Judith T. Terry, Town Clerk Date: August 14, 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 ~mnexed hereto.
S~t[~atu~ ! ·
Matthew G. Kiernan, Assistant Town A~torney
Title
Town
of
Southold
Date: August 14, 1991
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
August 13, 1991
4:42 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO HOTEL OR
MOTEL USES".
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: This public hearing is on the proposed "Local Law in Relation
to Hotel or Motel Uses", and Councilwoman Latson will read the public notice.
COUNCILWOMAN LATSON: "Public Notice is hereby given that there has bee pre-
sented to the Town Board of the Town of Southold, Suffolk County, New York,
on the 17th day of July, 1991, a Local Law entitled, "A Local Law in Relation to
Hotel or Motel Uses". 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 13th day of August, 1991,
at 4:42 P.M., at which time all interested persons will be heard. This proposed
"Local Law in Relation to Hotel or Motel Uses" 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 100-101(B)(2) is hereby amended to read as follows:
(2) Hotel or motel uses as set forth in and regulated by Section
100-61B(4) of the Resort Residential (RR) District, except
that the minimum lot size shall be of~e-{~~) three (3) acres.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* Overstrike represents deletion(s)
**Underscore represents addition(s)
Copies of this Local Law are available in the Office of the Town Clerk to any
interested persons during business hours. Dated: July 30, 1991. Judith T. Terry,
Southold Town Clerk." I have a notice of publication for The Mattituck Traveler
Watchman, and notice of publication in The Suffolk Times, and notice that it has
Pg 2 PH LL in relation to H~tel Motel Uses
posted on the Town Clerk's Bulletin Board. I have correspondence from Arthur
H. Kunz, Director of Planning Suffolk County Planning Board. 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. From Bennett Orlowski, Chairman of the Southold Town Planning
Board. The Planning Board's position is that it would make more sense to eliminate
hotel and motel use from the General Business District, than to increae the minimum
lot size. The use does not necessarily belong in the General Business district
as it has been designed and designated. Also, the proposed local law would still
leave open the possibility of a person accumulating three or more acres of land
adjacent to a General Business district, and petitioning the Town Board for a re-
zoning of the property to General Business in order to allow for the construction
of the hotel or motel. Deleting the use from the district would foreclose that
possibility altogether. That's the only correspondence I have.
SUPERVISOR HARRIS: Thank you Councilwoman Latson. Are there any members
of the audience, that would like to address this proposed Local Law change? (No
response.) I declare this public hearing closed.
NOTICE OF PUBLIC HEARING
ON lOCAL LAW
PUBLIC Nq)TICR I~ hEREBY
to the Town ~ lira Town of
attflJll~ill~S~tw In Reh-
~~GIVEN
Town Hall, M~ Road.
MNew Y~ ~ ~e 1~ Oy
A~ IH1, at 4:42 P.M. at
L ~ I~ ~) ~e C~
~m~ f~s:
H~ or m~ us~ as set
~ 1~1}(4) ~ ~ ~
STATE OF MEW YORK}
}SS:
COUNTY OF SUFFOLK}
(~ ~/~ ~'~OC~/~- of Mattituck, In
said County, being duly sworn, says that he/she Is Principal
Clerk of THE SUFFOLK TIMES, · Weekly Newspaper,
published at Mattltuck, In tho Town of SouthoM, County of
Suffolk and State of New York, and that the Notice of which
the annexed Js a printed copy, has been regular, published in
said Newspaper once each week for I weeks
sug. cesslvely, commencing on tho ~ day of
Principal Clerk
30, 1~91.
Swam to before me thb
COUNTY OF SUFFOLK
ss:
STATE OF NEW YORK
NOTICE OF
PU~LIC HEARING
ON LOCAL LAW
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 l?th day of July, 1991, a
Local Law entitled, "A Local
Law in l~Lqtlon to Hotel or
Motel Uses."
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
HaH, Main Road, Southold,
New York, on ~the l$th day of
Angnst, 1991, at 4:42 P.M., at
which time all interested persons
will be heard.
This proposed "Local Law in
Relation to Hotel or Motel
Uses" 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 100-101(B)(2) is
hereby amended to read as
follows:
(2) Hotel or motel uses asset
forth in and regulated by Sec-
tion 100-61B(4) of the Resort
Residential (RR) District, except
that the minimum lot size shall
be [one (1} Three {3) acres.
[Brackets~' represent
deletion(s).
J~Ltlderscgre represents
addition(s).
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 inter,ted
persons during business hours.
DATED: July 30, 1991
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
IX-8/g/91(90)
Patricia Wood,' being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCNMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
h,,s been .pul:,lishcd in said I_ong Island Traveler-Watchman
successively, commencing on the .......... : ...........
9 ?...
Notary Public
BARBARA A. SCHNEIDER
NO'[ARY PUBLIC, St:'te ol Now York
No, 4806846
Qualified in Suffolk Cotjnty!
Commission Expires