HomeMy WebLinkAboutLL-1992 #20LOCAL LAW NO. 20 , 1992
A Local Law in Relation to Setback Requirements
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:
Section 100-239.~(A) (Building setback requirements adjacent to
water bodies and wetland) is hereby amended to read as follows:
A=
Lots adjacent to Long Island Sound, Fishers Island Sound and
Block Island Sound.
(1)
All buildings located on lots adjacent to E~ng-
f~ S~m-~ sounds and upon which there exists a
bluff or bank landward of the shore or beach shall be set
back n~t less than one hundred (100) feet from the top
of such bluff or bank.
(2)
Except as otherwise provided in Subsection A(1) hereof,
all building located on lots adjacent to Eo~
[~l-an~ S~n~ sounds shall be set back not less than
one hundred (100) feet from the ordinary high-water
mark of E~J- ~[-an~ 5otm~ said sound.
II, This Local Law shall take effect upon its filing with the Secretary of
State.
* Underscore represents addition(s) ..
** Overstrike represents deletion(s)
~ ;D~PARTHEHT OF STATE
Albany, NY 12231-0001
DATE: 12/1/92
To~n~ of Southold
LOCAL LAU(S) NC. 1 YEAR I FILING DATE
19 thru 30 'I 1992 I 12/1/92
,~ :,~,;Local Law Acknowledgment
.:, .I JUDITH T TERRY
: ~ TOWN OF SOUTHOLD
I:i~ 53095 MAIN ROAD
'' "~ PO BOX 1179
;: -- SOUT~tOLD NY 11971
;: DOS-~36 (Rev. 6/90)
-I
_l
The above-referenced material w~s received
and filed by this office as indicated.
Addlt/onal local law filing forms will be
forwarded upon request.
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
162 WASIIINGTON AVENUE. ALBANY. NY 12231
II.
(Use this form to file a local law with the Secretary of State.)
Text of lawshould be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
-~ of .......................... 5_o__u__t.h_.o.!.O_ ..................................................
Town
Local Law No .............. -2-9- ................... of the year 19---9-2-
A local law ......... .........................................
Town Board ...... of the
Be it enacted by the ...................................................................................
6~R~ Southold
;lqown of .......................................................................................... as follows:
Chapter 100 [Zoning) of the Code of the Town of Southold is hereby
amended as follows:
Section 100-239.4[A) (Building setback requirements adjacent to
water bodies and wetland) is hereby amended to read as follows:
A. Lots adjacent to Long Island Sound. Fishers Island Sound and
Block Island Sound.
(1)
(2)
All buildings 'located on lots adjacent to sounds and
upon which there exists a bluff or bank landward of the
shore or beach shall be set back not less than one
hundred [100) feet from the top of such bluff or bank.
Except as otherwise provided in Subsection Afl) hereof.
all' building located on lots adjacent to sounds shall be
set back not less than one hundred [100) feet from the
ordinary high-water mark of said sound.
This Local Law shall take effect upon its filing with the Secretary of
State.
(!f additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
DOS-~-39 IRev. 7~91)
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which ts not applicable.)
'1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, d~s~'~q ~s local law No .......... -2-0 .............. '7¥ ..... °f,1,9--9.-,2--'
o_..f the (~S~k~t~&-5~(Town)(~blge~ of -z; ........ ;' ..... ~-z---:-'x;- ......................:--~ ....... ~- w~a,s amy .pa. ssea t~ me
~own tsoarO ovemr)er z,~ uz in accordance wire ttte atmticame prov~stons or ~aw.
................................................ orD- ................. 19 ....,
(Name o/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 19
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after
(Narne of Legisla~ive Body)
disapproval) by the .................................................. and was deemed duly adopted on .................. t9 .... ,
(Elective Chief Execudve Officer*}
in accordance with the applicable provisions of law.
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 approved)(repassed after
(Name of Legislative Body)
disapproval) by the ................................................. on- .................. 19 ..... Such local law was submitted
/Eleclive Chief Execudv¢ Officer*)
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
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 approved)(repassed after
(Name o/Legislative Body)
disapproval) by the .......................................... : .......on .................. 19 .... Such local law 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 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 chairperson of the cou~ity legislative body, the mayor of a city or village, or
the supervisor ora town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
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 adoptton of 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 cit-
ies of said county as a unit and a majority of the qualified electors of the toxvns of said county considered as a unit
voting at said gengml election, became operative.
(Seal)
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
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 in-
dicated in paragraph ...... 1_ ..... , above. .~. /-~- ~~'~-7
Clerk of ~a'~County legislative body, City, Town or Village
.' or officer designated by local legislative body
Judith T. Terry, Town Clerk
Date: Nokember 25, 1992
(Certification to be executed by County Attorney~ Corporation Counsel, Town Attorney~ Village Attorney or
other authorized attorney of locality.)
STATE OF NE~V YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that ali proper proceedings
have been had or taken for the enactment of the local law~ annexed hereto.
SignafUre ~
Matthew G. Kiernan, Assistant Town Attorney
Title
~i~ of
Southold
Date: November 25, 1992
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
November 24, 1992
4:32 P.M.
IN THE MATTER OF THE PROPOSED "LOCAL LAW IN RELATION TO SETBACK
REQUIREMENTS."
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penn,/ IV
Councilman Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilworqan Alice J. Hussie
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: The second public hearing .of the afternoon is a proposed
"Local Law in Relation to Setback Requirements" read by Councilman Wickham.
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 6th day of October, 1992, a Local Law entitled, "A Local Law in Relation
to Setback Requirements". 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 24th day of November,
1992, at 4:32 P.M., at which time all interested persons will be heard. This
proposed "Local Law in Relation to Setback Requirements" 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:
Section 100-239.4(A) (Building setback requirements adjacent to
water bodies and wetlands) is hereby amended to read as follows:
A. Lots adjacent to Long Island Sound, Fishers Island Sound
and Block Island Sound.
{1) All buildings located on lots adjacent to
Souf~ sounds and upon which there exists a bluff or
bank landward of the shore or beach shall be set back
not less than one hundred (100) feet from the top of
such bluff or bank.
-~ Pg 2 - PH LL Setback R~Q.
(2) Except as otherwise provided in Subsection A(1)
hereof, all buildings located on lots adjacent to
{-~laf~-S~u~3d-sounds shall be set back not less than
one hundred (100) feet from the ordinary high-water
mark of L-or~-~land-Se~t3d- said sound.
II. This Local Law shall take effect upon its filing with the Secretary of State.
· * Underscore represents addition(s)
** Overstrike represents deletion{s)
Copies of this Local Law are available in the Office of the Town Clerk to any
interested persons during business hours. Dated: November 10, 1992. Judith
T. Terry, Southold Town Clerk." I have before me, dated the 20th of
November, a notice that it has appeared in The SUffolk Times, and another notice
dated the lgth od November, that it has, also, the legal notice has appeared in
Long Island Traveler-Mattituck Watchman, and finally that it has appeared out
there on the Bulletin Board. -~ I have here, as Judy has pointed out, a correspon-
dence from the County of Suffolk. 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 determi-
nation should not be construed as either an approval or disapproval. Very truly
yours, Arthur H. Kurtz, Director of Planning. Another communication from the
Planning Board Office of the Town of Southold, Judith T. Terry, Southold Town
Clerk. Dear Mrs. Terry: The following resolution was adopted by the Planning
Board at its meeting last night: Befit resolved that the PI.anning Board has
reviewed this proposed legislation which calls for the addition of Fishers Island
Sound and Block Island Sound to the list of sounds which are listed in this section
of the Zoning Code, and recommends its adoption. Sin'cerely, Bennett Orlowski,
Jr. This was received on October 20, 1992. That's all the communication we have.
SUPERVISOR HARRIS: Thank you, Tom. Is there any member of the audience,
that would 'to speak in reference to this Local Law? (No response.) I'll declare
this public hearing closed.
Judith T. Terry
Southold Town Clerk
,,L, . -~EG~ NoI-ii2E r -~., COUNTY OF S FFOLK '~(
F,' NOTICE OF 1, STATe oF NEW . '~
:' ON LOCAL LAW ' ~;
~ PUBLIC NOTICE IS
~!}qEREBY GIVEN that there has
.;:b~n presented to the Town
~,~?oard Of the Town of S'outh01d,
~;;Suff°lk Count,3; New York on
}~:th~ 6th day of October, 1992, a.
~:Local LaW entitled, "A ~
~,, NOT~CE IS FURTHER
~GIVEN [~a~ the Town Board of
~ h
~.t e Tow~ or Son[hold will. hold
~ puS~c h~g on the afores~d
5~.oc~ ~wat the S0ut ~dd Town
g~Hall, ?Iam Road, Southold,
~ew 5ork on the. 24th day of
'[tNo, tmhef. !~2 j[
· :;Relat on to Sethfick Re-
-* BE IT~ ENACTED by the
~TOwn B0a~d o~ tile T~n of
}~utho d as folIows:
:~, 'L Ct~ter 100 (Zoning) oft~
~i.:Code o( the ~Wn:of g6uthold
[4s hereby amend~ as follows:
:~ 1. Section 100-239_4(A)
,- (Building ser~ck ~quiremems
.'-'adjacent to water bo~ ~d
¢ ~wetlan~)'~hereby ~ended to
~ ~ as follows .
: .. A.. ~rs .adja~nt to Lo~
~ Island Sound,, Fghers Isl~
~}~ Sound and Bioc~ h~ Sgu~
': (l) All'b~l~ngs located On
i, lots adja~nt.to ~.
~[ ~ soonds and upon which
}'] t~ere~tsablufforb~k~d, '.~
~ x~d of th~ shbre dr beaeks~iJ
;:} be set .b~ck hoi l~s than one
}t~ hund~d (1~) feel from ~e top
~¢ of s~h blhff or bank.
,: Except as otherwise provided
:~ m $ubs~tidn Afl) hereof, all
fbull'dings located on lots
Lc~t to
:~s~nds ~aH be se back not i~S
..~ rh~ one hunted (1~) feet
~ r)om the 'or.nary Mgk-~te~
~. mark of~ ......
~:: II. T~s Loc~ Law shall ~ke
effect upon its fi~n~ with the
Secreta~ o~ State.
'~ '*Underscore "rcpresen:t~
c' addison(9
:, deletion(s) ·
. Copies of this Local
· }~ avaihble in the Offige 6f the~
:: Town Clerk [o '~g'int~mst~d
' DATED: November 10, 1992.
~ : '~ 'JUDITH T ~ERRY
~ so~THQLD' ~ggW CLE~
IX-11/19/92(23)
Patricia Wood, being duty sworn, says that.she is' the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk Count'y';
5nd that tile notice of which the annexed is a printed co:-,,,
h,l'< hCCF, published in <aid long Isl,md
...., .....I 0
LEGAL NOTICE
NOTICE OF
PUBLIC HEARING
ON LOCAL LAW
PUBLIC NOTICE IS HEREBY
GIVEN that there has been presented
to the Town Board of the Town of
$outhold, Suffolk County. New York.
on the 6th day of October, I992, a
Local Law entitled, "A L~cal Law la
Relation to Setback Re-
quirements''.
NOTICE IS FURTHER GIVEN
that the Town Board of the Town of
Southold wUl hold a public hearing
on thc a~oresaid Local Law at thc
Southold Town Hall, Main Road.
Southold. New York, on the 24th
day uf November, 1992, at 4:32
P.M.. at which lime ail interested per- I
sons will, be heard,
This proposed "Local Law In
I. Chapter 100 (Zoning) of thc Code
of the Tovn~ o[ Southold is hareby
L S~cfion 100-239.4(A) (BuBd/ng
to wamc bodic~ and watlands) is I
A. L~ta adjacent to Lc~g I~land I
Sound, Fi~her~ Island S~und ,
(1) Ail buildings loc. amd on
hundrod (100) feat from
bank. ..
(2) ~teept as o~hcrwisa pro~.
vidcd in Subsection A(I)
hereof, all buildings lo-
than one hundred (100)
$UDYFI{ T. TERRY
STATE OF NEW YO~)
) SS:
COUNTY OF
s~d Co~. bei~ d~y s~m. ~ ~t he/she
is P~cipal Clerk of THE SUFFOLK TIM~, a
Wee~y Nempa~r. published at Mattit~k. in
~e To~ of Southold. Co~ of S~olk and
S~te of New York. ~d ~at ~e Nofi~ of w~
~e =~e~d ~ a p~t~ copy. h~ been ~g~-
ly published ~ ~id Ne~pap~ once e~ ~ek
~r ~ ~e~ suc~ssi~ly, ~enc~ on
~e lq~ dayofNA~ 19~
Principal Clerk
Sworn tO before me this
day of ~]O~/q,~,b~,g- 19~