HomeMy WebLinkAboutLL-1992 #33LOCAL LAW NO. 33. 1992
A Local Law in Relation to Accessory Buildings
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 100-33 (Accessory Buildings) is'hereby amended by adding
thereto Subsection C to read as follows:
In the case of a waterfront parcel, accessory buildings and
structures may.be located in the front yard, provided such
buildin~ls and structures meet the front-yard set back
requirements as set forth by this code.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
* Underscore represents addition(s)
LEGISLATIVE INTENT - Recognizing that it is not always in the best interest
of the Town, environmental and otherwise, to permit accessory buildings or
structures to be placed in the rear yard of waterfront parcels, while at the
same time recognizing that the owners of these parcels should enjoy the same
rights to utilize their property as do owners of non-waterfront parcels, the
Town Board seeks, through this amendment, to permit owners of waterfront
parcels to place accessory structures within the building envelopes of their
front yards.
'NYE' DEPARTHE~IT
16~ ~as~ngton ~venue
ALbany, NY 12231-0001
DATE:
Local Law Acknowl~d~enL
JUDITH T
TOWN OF SOUTHOLD
53095 ~
PO BOX 1179
Town of Southold
LO~AL LA, CS) NQ.
33 thru 36 ~ 1992
12/28/92
The above-referenced material was received
and filed by this office as indicated.
Additional Local law filing forms will be
forwarded upon request.
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANY, NY 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.
~3it~ Southold
Town
Local Law No .............. .3.3_ .................... of the year 19- -9- -2--
li~ Relation to Accessory Buildings
A local law ..............................................................................................................
(Insert Title)
Town Board
Be it enacted by the ......................................................................................... of the
~:Rl~x Southold
of .......................................................................................... as follows:
:~fown
II.
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows".
Section 100-33 (Accessory Buildings) is hereby amended by adding
thereto Subsection C to read as f~llows:
In the case of a waterfront parcel, accessory buildings and
structures may be located in the front yard, provided such
buildings and structures meet the front-yard set back
requirements as set forth by this code.
This Local Law shall take effect upon its filing with the Secretary of
State.
LEGISLATIVE INTENT - Recognizing that it is not always in the best interest
of the Town; environmental and otherwise, to permit accessory buildings or
structures to be placed in the rear yard of waterfront parcels, while at the
same time recognizing that the owners of these parcels should enjoy the same
rights to utilize their property as do owners of non-waterfront parcels, the
Town Board seeks, through this amendment, to permit owners, of waterfront
parcels to place accessory structures within the building envelopes of their
front yards.
(If additional space is needed, attach pages the samo size as this sheet, and number each.)
l~OS-~9 (Rev. 7/9~) (1)
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, d~%i~oas local law No .......... .3_3_ ....................... of 19--~5.
................. ~o was duly passed by the
oLthe. (~oq~)(~/l}~3, ~own){,~ao~'g~9 o~ -~. ........ -, ...... -~-~--~2- .....................................
_...i..o._w__n.__.lC.9_a__r_~_ ......................... o~_e_c._e..m_~.e--r...z-- '19 .... , in accordance with the applicable provisions of law.
tName of Zegidative 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
(Name of Leg;clative Body)
disapproval) by the .................................................. and was deemed duly adopted on .................. 19 .... ,
in ~ceordance 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 (appmved)(not approved)(repassed after
(Name of Leglslative Body)
disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted
(Elective Chief Executive 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 .................. 1.9---- , 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
fElectiv~t 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 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.
(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 .................................. 7 of 19 ......
of the City of ............................................. having been submitted to referendum pursuant to the provisio~ 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)(geneml) 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 la~v 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 towns of said coumy considered as a unit
voting at said general election, became operative.
(Seal)
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I farther 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.
-. or officer designated by locat legislative body
Judith T. Terry, Town Clerk
December 23, 1992
Date:
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
s'r^T~ OF ~q~w ¥.~::FO LK
COtrNTY OF
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.
Signa{ure~ --
Matthew G. Kiernan, Assistant Town Attorney
Title
xG2~ of
Town
Date:
Southold
December 23, 1992
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
December 8, 1992
8:02 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO ACCESSORY
BUILDINGS".
Present:
Absent:
Supervisor 5colt L. Harris
Justice Raymond W. Edwards
Councilman Thomas J. Wickham
Councilwoman Alice J. Hussie
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
Councilman George L. Penny IV (ill)
Councilman Joseph J. Lizewski (out of town)
SUPERVISOR HARRIS: We'll move on to the second public hearing of the evening,
a "Local Law in Relation to Accessory Buildings", and Councilwoman Hussie has
the proof of publication, and verification of such.
COUNCILWOMAN HUSSIE: "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 November, 1992, a Local Law entitled, "A Local [_aw in Relation
to Accessory Buildings". 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, 5outhold, New York, on the 8th day of December, 1992,at 8:02
P.M., at which time alt interested persons will be heard. This proposed "Loca~
Law in Relation to accessory Buildings" 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 ~Accessory Buildings) is hereby amended by
adding thereto Section C to read as follows:
C. In the case of a waterfront parcel, accessory buildinqs and
structures may be located in the front yard, provided such
buildings and structures meet the front-yard set back
requirements as set forth by this code.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* Underscore represents additions.
Pg 2 - LL Accessory BI?~.
LEGISLATIVE INTENT - Recognizing that it is not always in the best interest
of the Town, environmental and otherwise, to permit accessory buildings or
structure to be placed in the rear yard of waterfront parcels, while at the same
time recognizing that the owners of these parcels should enjoy the same rights
to utilize their property as do owners of non-waterfront parcels, the Town Board
· seeks, through this amendment, to permit owners of waterfront parcels to place
accessory structures within the building envelopes of their front yards.
Capies of this Local Law are available in the Office of the Town C~lerk to any
interested persons during business hours. Dated: November 24, 1992.. Judith
T. Terry, Southold .Town Clerk." There is p.roof of publication in The Long.
Island Traveler-Watchman, also, in The Suffolk Times. There is correspondence
dated November 24th, from the Planning Board. Dear Mrs. Terry. The following
resolution adopted by the Southold Town Planning Board to it's meeting on November
23rd, 1992. Be it resolved that the Planning Board has reviewed this proposed
legislation, which calls for amending a section of the Zoning Code pertaining to
accessory buildings on waterfront lots, and finds that it is opposed to tile proposed
change. Out- reasons are set forth below. We recognize that this proposal is
a modification of another proposed amendment, which was objected to by the
Zoning Board, and this Board. However, our main objection to the previous
wording still applies to the current proposed wording. The Zoning Code presently
provides relief roi- all lot owners, who desire to locate structures where proscribed
by the Code. The propel' function of the Board of Appeals is to review such
requests, and provide such relief as may be appropriate to the particular situation.
There is no over~'iding reason of which we are aware for exempting one lot owner,
specifically waterfront lot owers, from the Zoning Board's ju~i.sdiction. Further,
when the proposed legislation is reviewed in connection with the legislative intent,
we find that the use of the term front-yard is different from meaning, then in
the definition section of the Code. The Code defines the front yard as, quote,
an unoccupied ground area open to the sky between the street line, or between
the street line established by the official map of the Town, or approved subdivision
plot, and a line drawn parallel thereto, close quote. According to the definition
the front yard lies between the street, and the front setback line. Now, the
Code defines setback as, quote, an area extending the full width of the lot described
as, or a distance between the street right-of-way, and building, for the full
required front-yard depth within which no building, parts of buildings, may be
erected, close quote; While this definition would benefit from editorial simplification,
the jest of it is, it prohibits the placement of other buildings between the' street,
and the setback line. In other words, the front yard shall remain clear of
buildings. While not essential to this discussion,, it is pertinent that to note that
these definitions in other sections of the Code, have the unintended effect of
literally prohibiting the placement of fences, and signs, within the front-yard
of all zoning districts. This is due to the fact that the definition of building
includes structures, which is a term that is applied to mean fences, hedges, walls,
and signs. All sections of the Code refer the reader back to Section 100-33, which
prohibits accessory buildings in any, except the rear yard. The Planning Board
strongly recommends, that further amendments of this nature be tabled, except
in conjunction with the systematic rewrite of the entire Code. Signed, Bennett
Orlowski, Chairman of the Planning Board. (tape change) a communication from
Arthur H. Kunz, Director of Planning. 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 Commi.~ion
is considered to be a matter for local determination. A decision of local determina-
tion should not be construed as a either an approval or disapproval. There are
no further communications. I neglected to say before, that this notice has been'
posted on the Bulletin Board by the Town Cle'rk.
Pg 3 - LL Accessory, Bl?k~
SUPERVISOR HARRIS: Are there an.v members of the audience, that would like
to speak in reference to this Local Law amendment?
FRANK CARLIN: I want to ask you a question. You lived in a house for..
not lived a house, but if the house was there for seventy-five years, and you
had hedge, now you. decided to take the hedge out, and replace it with a chain
link fence. You're only replacing something. I can't see why you should have
to pay a $25.00 for a permit, don't think that's fair.
COUNCILWOMAN HUSSIE: Mr. Carlin, the reference to fences, and hedges, was
in the Planning Board's letter, and it was reference. It wasn't part of the Local
Law.
FRANK CARLIN: We're talking about fees right now. That's what we're here
fol' tonight, is fees in general, like permit fees.
SUPERVISOR HARRIS: No, these are just quotes, that's all.
FRANK CARLIN: I want to ask you another question. We have a hedge there
for years, and you're just going to remove it roi- the chain link fence, you're
not changing anything. You're just replacing it. Why should someone have to
pay $25.00 for a permit for?
SUPERVISOR HARRIS: Again, Mr. Carlin, all that can be addressed in the public
hearing is on the Local Law change.
FRANK CARLIN: I just done it. I still got the permit home. The fence was
in, and I had to pay $25.00. I took my, hedge out, and put a four foot chain
link fence up. You know, to me that doesn't make sense.
SUPERVISOR HARRIS: Thank you. Is there anyone else that would like to speak
in reference to this Local Law amendment? (No response.) I'll close this public
hearing.
Judith T. Terry
Southold Town Clerk
NOTICE OF
_PUBLIC HEARING
~ ON LOCAL LAW
ePUBLIC NOTICE IS
EREBY GIVEN that there
en presented tO the Towrn,
Board. of tl/~ ToWn'6f Southotd, ,,
~Suffolk Couni3~ New .~brk,
~he 10th da~ofNovember. 1~2,
,.~ Local Law ~titled, "A
~aw in ~lafion to Ac~sso~
.. __t~5 NOTICE' IS ~URTHER
~I~N that the Town Bo~d of
~he Town of South~ld w~ hold
~ public h~g on the'~for~d
~Hal{,' Ma~n Road, Sou~h~l~
~v York, on the 8~ day of '.
~ 1 ~s proposed '"~cal Law in
~elati~n · to Accesso~
~¢ BE .IT EN~C~D by the
,.~own Board 'of ~e Towa
~L I. Chagter 10~-33 (Accessory
~ t~ereto Sectwn C to
~;~ C. I~ the case of a'~teffront
f~cel, acc~ory b~Id~gs and
. s~uctu~s may ~ locawd in the
~[ront yard, provided such '
~ buil~n~s .~d st~ctur~ m~t
thc fron:-y~rd ~ct back re-
~Unde~h6'~e
: LEGISLATI~ I~T~
R~o~ ~t ~s ~s not ~ways
~n thff be~n~e~f'b~'~e'To~n,
[enviro~efita2 ~'o~hehfise,
~per~t a~orj bfig~ or
~tmctur~ 'to ~' pl~ed...ih the
(re~}:Yard 0f'wat6k?r~t pMc~is,
Xv~l~ at'the ~mff~ time rec~z-
,..'ing that t~ ~mers of these
.p~eg shoed ~njoy the sine.,
~ightg ~ ufi~ze ~ prp~ as.,
do owg~ of non-wamrfront '
~arcels, the Town Bogrd seeks,
.t~ough t~ ~g~ent, to ~r- ,
~th~.tlie bu~-~nvel6pes of ,
,their froCt y~ds.
, Copies. of this ~cal Law are
available in the O~ce of the
.To~ Clerk to ~y ~tere~d
persons dffr~g bu~es~-hours.
DATED: N6v~nber ~, -1992
' .'. :. JUDITH T. TERRY
SOUTHOLD ~ ~E~
IX-12/3292(6)
COUNTY OF SUFFOLi3"
SI'AIE OF NEW YORK
Patricia Wood,' being duly sworn, says that she is
Editor, o( THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at $outhoid, in Suffolk County;
and that Lhe notice of ~vhich the annexed is a printed copy,
h,t¢, heen .published in saicl Long lslanc[ 'l'ravuler-Watchm;in
once each week [or ....................... [..., wee,~ ..
successivcly, commencing on th ...t,~-,:'-.' .... ?'' ..... / :,~'.
· . ' ..~:: : :'i L :~ '~:: '.;
. ?,~ ~,:...q.: .... . .' . .., . .... :.:.. · .. [ vt
............. ' I /, ...-,: .-'. ') '
.~ .~ .............. -:, ......... · ,....,,: X,./ . .
· ~-~--~' '~:~- ' .. . ~-'5 ' .', '-:'-' . ..
't,: 't = ]':"l' ; ,
Sworn to be',, ,' :",' "' .~ ':.":ii"
.' I. . . . 2 :, r~ >> '.' '"'
~ ~ ~:~.,,v~..~ .: ...... ' '. "i: ""
Notary Public
BARBARA A. SCHNEIDER
NOTARY PUBLIC, State of k'.e,:~ York
No, 4896~46
Qualified in Suf%Ik County
Com;fissiofl Expires ~/3i/elq
the 10th day of November. 1992. a i ~hould e~joy th~ s~nc fights to ut0izc
be hcn~L
This proposed "Local Law in
Relation to Accessory B#Jldings"
L Chapter 100 (Zoning) of the Code
S~.
DATI]D: Novcmbcr 24, 1992.
JUDITH T. TEP. Ry
SOUTHOLD TOWN CLERK
7572-1TI)3
STATE OF
)
core, re oF su ocK)
said County. being duly sworn, say~ that he/she
is Principal Clerk of THE SUFFOLK TIMES. a
Weekly Newspaper, published at Mattituck. in
the Town of Southuld, County of Suffolk and
State of New York, and that the Notice of which
the annexed is a printed copy, has been regular-
ly published in said Newspaper once each week
f~r / weeks successively, commencing on
the ~ day of~C~9 ~
Principal Clerk
Sworn to before me this
day of ~c ~/~-19 ~