HomeMy WebLinkAboutLL-1992 #34LOCAL LAW NO. 311. , 1992
A Local Law in Relation to Af[ordable Housing
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 to read as follows:
1. Section 100-51 (Definitions) is hereby amended to read as follows:
MODERATE-INCOME FAMILY DWELLING UNIT - A dwelling unit
reserved for rent or sale to a moderate-income family and for which
the maximum monthly rent (excluding utilities) or the maximum
initial sales price does not exceed the maximum rent or maximum
sales price set forth Jn Section 100-56E hereof. In no event shall
the purchaser of sald dwelling unit be responsible for the payment
of any utility hook-up fees including those customarily charcjed
for bringing same from the lot line to the dwellin~l house.
MODERATE-INCOME FAMILY UNIMPROVED LOT - An unimproved lot
reserved for sale to a moderate-income family and for which the
maximum initial sales price, inclusive of the cost of providing
public water and/or public sewer service to the lot, does not
exceed the maximum sales price set forth in Section 100-56E
hereof, Said unimproved lot shall mean a vacant parcel of real
property designated as a lot on a filed map inclusive of all
utilities brought to the property line,
UTILITIES - Utilities under this Article shall be defined as
electric, gas (if provided to the subdivision) telephone and
water. Cablevision shall be provided without cost only to
the lot line.
Section 100-55A of the Code of the Town of Southold is hereby
amended to read as follows:
Application Procedure. The procedure for planning and
zoning approval of any future proposed development in an
AHD District shall involve a two--stage-three-stage
review process as follows:
Approval by the Town Board of a preliminary development
concept plan- and.t~e ~on+ng-recka~s~f~atio~-ef
~ accor~ ~th that
(2)
Approval of the final, detailed sit~ i~n and-
subdivision, plat appro'v~l;+F reqt,qred;- by the
Planning Board. *
(3)
The zoning reclassification of a specific parcel or
parcels of land for development in accordance with that
plan. *
* The town shall, in all instances, process (2) and (3) above concurrently
so as to enable the municipality to utilize a single SEQRA process and
conduct a coordinated review of the entire application.
3. Section 100-55B(5)(g) is hereby deleted in its entirety as follows;
~g-)--A-.n- apptic'a~ien-Fee k~' t:he n~ oF Fi'f~een-
doH-m-~- ~$~.5.-:~:~ f~rr eacl-r-i~~ dweJJ*i-rr~ u~it.
Section 100-55B(6) (fees) is hereby added to read as follows:
6
Fees. - Notwithstandin9 anything to the contrary, the
fees applicable to AHD zonin9 application processes shall be
as follows:
(_al There shall be no fee for the submission and
consideration of a preliminary development concept plan.
The fee for change of zone shall be five hundred dollars
($5o0.00).
(c) The subdivision fees shall be assessed in the following
manner: fifteen dollars ($15-00) for each proposed
dwellin9 unit or five hundred dollars ($500-00) which
ever is ~reater.
(_d)
The applicant shall be responsible for any professional
review fees necessaFiJy incurred by the Town in
conductin~l its coordinated review of the application.
Section 100-55F(2) of.the Code of the Town of Southold is hereby
amended to read as follows:
(2) (al
Appre~ak~F- Upon request to the Town Board on
notice to the applicant and for cjood cause shown, the
estab!ishment of an AHD District aha+l-exl~re ma)' be
revoked ~tW~'~Y e
~ a~-~hereof ~ ~he ap~ ha~-n~ rece~
~ ap~-oF ae ~he ~-sect~ of ehe
ex, ce eighteen (18) months after said Town Board
approval thereof if work on the site has not commenced
or the same is not being prosecuted to conclusion with
reasonable diligence.
(2) (b)
The Town Board, upon ap1~lkz~Hon-request of the
applicant and upon good cause being shown, may, in the
exercise of its discretion, extend boSh-of the above
time
Is~'~'c~s oF no~ m~r~han-sk~ (6) mo~tt~s- eaeh~ In the
event of the e~l~ra~i~n- revocation of approval as
herein provided, the AHD District shall be deemed revoked,
and the zoning classification of the property affected thereby
shall revert to the zoning classification that existed on the
property immediately prior to the establishment of the AHD
District thereon, and the Town' Clerk shall cause the Official
Zoning Map to be amended accordingly.
6. Section 100-55G is hereby amended to read as follows:
S;~'~~ P+=n and-Subdivision plat approval by the Planning
Board.
7. Section 100-56D is hereby amended to read as follows:
Eligibility. In each AHD, the sale or lease of dwelling units and
unimproved lots reserved for moderate-income families, who have
not had any ownership interest in any residence or vacant lot for
the past ~h~ee {3~ yea~s-f|ve (5) years, shall be allocated
on a priority basis, in the following order:
8. Section lO0-56F{4)(b] is hereby amended to read as follows
Year of Resale Percentage Percentage
After Purchase To Owner To Town
1st 0% 1008
2nd 20% 80%
3rd ~08 608
~th 60% ~08
5th 80% 208
6th 90% 10%
7th or beyond 1008
Section 100-57C(8) (Covenants and Restrictions) is hereby added to
read as follows:
The only covenants and restrictions which may even be placed
upon any lot or dwelling unit in an AHD District must be
first approved by action of the Town Board.
10. Section 100-59 (Violations) is hereby added to read as follows:
Any v~olation of any provision of this article shall be punishable
in the following manner:
1st offense - By a fine of not less than one thousand dollars
($1,000.00) nor more than five thousand dollars ($5,000.00).
2nd offense and for any offense thereafter by a fine of not less
than five thousand dollars ($5,000.00) and not more than ten
thousand dollars ($10,000.00} for each offense.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
* Overstrike represents deletions
Underscore represents additions
12/30/92
R[CEIVED'"
Local Law Acknowledgment
JUDITH T TERRY
TO~,~N 0¥ SOUHHOLD
TOI~ HALL
53095 ~IAIN ROAD
PO BOX 1179
SOUTHOLD NY 11971
D0~-2~6 (Rev. 6/90)
Town of Southold
L 33 thru 36 I992
FILING DATE
12/28/92
The above-referenced material was received
and filed by this office as indicated.
_1
Additional local law filing forms will be
forwarded upon request.
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUF~ 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.
~i~3t Southold
Town
34
Local Law No ..................................... of the year 19---9-2--
· .. In Relation to Affordable Housing.
A local law .............................................................................................................
Town
Board
Be it enacted by the of the
~ Southold
of .......................................................................................... as follows:
Town
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended to read as follows:
1. Section 100-51 (Definitions) is hereby amended to read as follows:
MODERATE-INCOME FAMILY DWEi2'LING UNIT - A dwelling unit
reserved for rent or sale to a moderate-income family and for which
the maximum monthly rent (excluding utilities) or the maximum
initial sales price does .not exceed the maximum rent or maximum
sales price set forth in Section 100-56E hereof. In no event shall
the purchaser of said dwelling unit be responsible for the payment
of any utility hook-up fees including those customarily charged
for bringing same from the lot I'ine to the dwelling house.
MODERATE-INCOME FAMILY UNIMPROVED LOT - An unimproved lot
reserved for sale to a moderate-income family and for which the
maximum initial sales price, inclusive of the cost of providing
public water and/or public sewer service to the lot. does not
exceed the maximum sales price set forth in Section '100-56E
hereof. Said unimproved lot shall mean a vacant parcel of real
property designated as a lot on a filed map inclusive of all
utilities brought to the property, line. -
UTILITIES - Utilities under this Article shall be defined as
electric, gas (if provided to the subdivision) telephone and
water. Cablevision shall be provided without cost only to
the lot line.
(If additional space is needed, attach pages the sam,~ size as this sheet, and number each.)
DOS-239 <Rev. 7/9D (1)
Section 100-55A of the Code of the Town of Southold is hereby
amended to read as follows:
Ao
Application Procedure. The procedure for planning and
zoning approval of any future proposed development in an
AHD District shall involve a three-stage review process as
follows:
Approval by the Town Board of a preliminary development
concept plan.
(2) Approval of the final, detailed subdivision plat by the
Planning Board. *
{3)
The zoning reclassification of a specific parcel or
parcels of land for development in accordance with that
plan. *
The town shall, in all instances, process (2) and (3) above concurrently
so as to enable the municipality to utilize a single SEQRA process and
conduct a coordinated review of the entire application.
Section 100-55B(5)(g) is hereby deleted in its entirety.
Section 100-55B(6) {fees) is hereby added to read as follows:
Fees. - Notwithstanding anything to the contrary, the
fees applicable to AHD zoning application processes shall be
as follows:
(a)
(b)
(c)
(d)
There shall be no fee for the submission and
consideration of a preliminary development concept plan.
The fee for change of zone shall be five hundred dollars
($5oo.oo).
The subdivision fees shall be assessed in the following
manner: fifteen dollars ($15.00) for each proposed
dwelling unit or five hundred dollars [$500.00) which
ever is greater.
The applicant shall be responsible for any professional
review fees necessarily incurred by the Town in
conducting its coordinated review of the application.
5. ' Section 100-55F[2) of the Code of the Town of Southold is hereby
amended to read as follows:
(2) la)
Upon request to the Town Board on notice to the applicant
and for good cause shown, the establishment of an AHD
District may be revoked eighteen (18) months after said Town
Board approval thereof if work on the site has not commenced
or the same is not being prosecuted to conclusion with
reasonable diligence.
The Town Board, upon [~equest of the applicant and upon good
cause being shown, may, in the exercise of its discretion,
extend the above time period. In the event of the revocation
of approval as herein provided, the AHD District shall be
deemed revoked, and the zoning classification of the property
affected thereby shall revert to the zoning classification
that existed on the property immediately prior to the
establishment of the AHD District thereon, and the Town Clerk
shall cause the Official Zoning Map to be amended accordingly.
6. Section 100-55G is hereby amended to read as follows:
G. Subdivision plat approval by the Planning Board.
7. Section 100-56D is hereby amended to read as follows:
Eligibility. In each AHD, the sale or lease of dwelling units and
unimproved lots reserved for moderate-income families, who have
not had any ownership interest in any residence or vacant lot for
the past five (5) years, shall be allocated on a priority basis, in
the following order:
8. Section 100-56F(L~)Jb) is hereby amended to read as follows
Year of Resale Percentage Percentage
After Purchase To Owner To Town
1st 0% 100%
2nd 20% 80%
3rd 40% 60%
4th 60% 40%
5th 80% 20%
6th 90% 10%
7th or beyond 100% 0%
Section 100-57C[8) (Covenants and Restrictions) is hereby added to
read as follows:
The only covenants and restrictions which may even be placed
upon any lot or dwelling unit in an AHD District must be
first approved by action of the Town Board.
II.
10. Section 100-59 (Violations) is hereby added to read as follows:
Any violation of any provision of this Article shall be punishable
in the following manner:
1st Offense - By a fine of not less than one thousand dollars
($1,000.00) nor more than five thousand dollars ($5,000.00).
2nd Offense and for any offense thereafter by a fine of not less
than five thousand dollars ($5,000.00) and not more than ten
thousand dollars ($10,000.00) for each offense.
This Local Law shall take effect upon its filing with the Secretary of
State.
(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, desienated as local law No ............. .3._q_ ................... of 197--2---
· - Southolcr d b
- of_,.the (Gq~l~W~(,(~t)(Town)(X~i}ia~Xof ................................................................. was duly passe y the
/own ~oar'cl December 2 92 ..... s of law
................................................ on .................. 219 ...., m accordance w~th the applicable prowszon .
(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 19 ......
of the (County)(City)(Town)(Vitlage) of ................................................................. was duly passed by the
............................................... on .................. 19 ~--, and was (approved)(not approved)(repassed after
(Name of Legixlati,,e Body)
disapproval) by the .................................................. and was deemed duly adopted on ............... :-- 19 .... ,
(Elective Chlef Executive Officer*)
in accordance with the applicable provisions of taw.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (Coanty)(City)(Town)(Village) of ................................................................. was duly passed by the
.......................... L ........................ on .................. 19 .... , and was (approved)(not approved)(repassed after
(Name of LegiMative 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 ora 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
(l&tme of Legislative Body)
disapproval) by the .................................................. on .................. 19 .... Such local law was subject to
tElective Chief Executive Officers)
· permissive referendum and no valid petition requesting sach 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 ora 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 .................................... of 19 ......
of the City of ............................................. having been submitted to referendum pursuant to the provisions of
sectxon (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 .................................... 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 coumy as a unit and 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 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.
Clerk o f the ~o~nty legislative body, City, Town or Village Clerk ~
-. or officer designated by local lcgislalive body
Judith T. Terry, Town CLerk
(SeaO Date: December 23, 1992
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
cou~rr~ 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.
Matthew G. Kiernan, Assistant Town Attorney
Title
~ of
Town
Southold
Date: December 23, 1992
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
December 8, 1992
8:05 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO AFFORDABLE
HOUSING".
Present
Absent:
Supervisor Scott 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: The third public hearing of the evening is "Local Law
in Relation to Affordable Housing", and Councilman Wickham will read proof of
publication and verification of such.
COUNCILMAN WICKHAM: "Public Notice is hereby given that there has been pre-
sented to the Town Board of the Town of $outhold, Suffolk County, New York,
on the 10th day of November, 1992, a Local Law entitled, "A Local Law in Relation
to Affordable Housing". 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 8th day of December, 1992,
at 8:05 P.M., at which time all interested persons will be I~eard. This proposed
"Local Law in Relation to Affordable Housing" reads as follows:
BE IT ENACTED by the Town Board 6f the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended to read as follows:
1. Section 100-51 (Definitions) is hereby amended to read as follows:
MODERATE-INCOME FAMILY DWELLING UNIT A dwelling unit
reserved for ~;ent or sale to a moderate-income-family and for
which the maximum monthly rent [e;;cluding utilities) or the
ma>',imum initial sales price does not exceed the maximum rent or
ma×imum sales price set forth in Section 100-56E hereof. In no
event shall the purchaser of said dwellinc~ unit be responsible
for the payment of any utility hook-up fees including those
customarily char~ed for bringing same from the lot line to the
dwelling house.
.MODERATE-INCOME FAMILY UNIMPROVED LOT - An unimproved
lot reserved for sale to a moderate-income family and for which
, Pg 2 - LL Affordable Hou. s~i~g ~
the maximum initial sales price, inclusive of the cost of providing
public water and/or public sewer service to the lot, does not
exceed the maximum sales price set forth in Section 100-56E
hereof. Said unimproved lot shall mean a vacant parcel of real
property designated as a lot on a filed map inclusive of all
utilities brought to the property line.
UTILITIES - Utilities under this Article shall be defined as
electric, gas (if provided to the subdivision) telephone and
water. Cablevision shall be provided without cost only to the
lot line.
Section 100-$5A of the Code of the Town of $outhold is hereby
amended to read as follows:
A. Application Procedure. Theprocedure for planning and
zoning approval of any future proposed development in an
AHD District shall invol,/e a ~wo s~aoe three-stage review
process as follows:
(1) Approval by the Town Board of a preliminary
development concept plan. and ~he zon+ng
~eet~s-i~ic~a-t-ion of a spe~+fi~
foe el~vetopmer~t--i,a aeeo~da~ee
(2} Approval of the final, detailed site plan and subdivision
plat
The zoning reclassification of a specific parcel or
parcels of land for development in accordance with that
plan. *
The town shall, in all instances, process (2) and (3) above
concurrently so as to enable the municipality to utilize a single SEQRA
process and conduct a coordinated review of the entire application.
3. Section 100-55B (5)(g) is hereby deleted in its entirety as follows:
(0-) ~ ap-pH~-a~ie~- fee- i~- the ~u~ o~ fi~n d~ ~.~
~r~h ~ ~w~Eng ~ ~- ~ hu~ doH~
Section 100-55B(6) (Fees) is hereby added to read as follows:
(a) There shall be no fee for the submission and consideration
of a preliminary development concept plan.
(bi The fee for a change of zone shall be five hundred dollars
(SS00.00.
(c) The subdivision fees shall be assessed in the following
manner: fifteen dollars ($15.00) for each proposed dwelling
unit or five hundred dollars ($500.00) whatever is greater.
(d) The applicant shall be responsible for any professional
review fees necessarily incurred by the town in conducting
its coordinated review of the application.
Section 100-55F(2) of the Code of the Town of Southold is hereby
amended to read as follows:
(2) (a) A-p~val o~ Upon request of the Town Board on notice
to the applicant and for good cause shown, the
establishment of an AHD District _~h~-!4 e~.~e may be
revoked ~e~ ~ {-~ ~e~ the ~e ~-T~n
~ dev~p~ ~e~ ~vaF ~-f~ s~n ~t
eighteen (~) mcnths after said town Board approval
· Pg 3 - LL Affordable He ,u~;,,ng ,~--,,.
thereof if work on the site has not commenced or the
same is not being proscuted to conclusion with
resonable diligence.
(2) (bi The Town Board, upon a~-Ii~---a't-ion request of the
applicant and upon good cause being shown, may, in
the exercise'of its discretion, extend ~h ~ the' above
time periods f~
~ no*, ~o~--e-*:han si-lc ~6~ ~ e~et~. In the event
of the e×1~ip~ion revocation of approval as herein
provided, the AHD District shall be deemed revoked,
and the zoning classification of the property affected
thereby shall revert to the zoning classification that
existed on the propert-/ immediately prior to the
establishment of the AND District thereon, and the Town
Clerk shall cause the Official Zoning Map to be amended
acco'rdingly.
Section 100-55G is hereby amended, to read as follows:
G. S~t~ P~n an~l-Subdivision plat approval by the Planning
Boa rd.
Section 100-56D is hereby amended to read as follows:
Eligibility. In each AHD, the sale or lease of dwelling units and
unimproved lots reserved for moderate-income families, who have
not had any ownership interest in any residence or vacant lot for
the past Eh~ee ~}~ ~-~a~-t five .{5) years, shall be allocated on a
priority basis, in the following order:
Section 100-56F{4)(b) is hereby amended to read as follows:
Year of Resa[e Percentage Percentage
After Purchase To Owner To Town
1st 0% 100%
2nd 20% 80%
3rd 40% 60%
4th 60% ~0%
5th 8O% 2O%
6th 9O% 10%
7th or beyond 100% 0%
Section 100-";7C{8) (Covenants and Restrictions} is hereby added
to read as follows:
(8). The only covenants and restrictions which may ever be .placed
upon any lot or dwelling unit in an AHD District must be
first ap~roved by action of the Town Board.
10. Section 100-59 (Violations) is hereby added to read as follows:
Any violation of any provision of this article shall be punishable
in the following manner:
1st offense - By a fine of not less than one thousand dollars
~$1,000.00~ nor more than five thousand dollars ($5,000.00).
2nd offense and for any offense thereafter by a fine of not less
than five thousand dollars ($5,000.00) and not more than ten
thousand dollars I($10,000.00) for each offense.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* Overstrike represents deletions
** Underscore represents additions
Copies of this Local Law are available in the Office of the Town Clerk to an},
interested persons during business hours. Dated: November 2~, 1992. Judith
T. Terry, Southold Town Clerk." I have in front of me proof of publication
· Pg 4 - LL Affordable Hc~ing
in The Suffolk Times, and proof of publication in The Long Island Traveler-
Mattituck Watchman, and a proof that it's been published out there on the Bulletin
Board. Communications received by the Town Clerk Office in connection with
this proposal is first sornething dated November 17th, from Arthur FI. I(unz, Director
of Planning, County of Suffolk, which basically says that the' Suffolk County Planning
Commission considers this to be a matter of local determination· A decision of
local determination should not be construed as either an approval or disapproval.
We have dated November 24th, a letter to the Town Clerk from the Planning Board
with it's comments on this proposul, and I read this as follows. Be it resolved
that the Planning Board has reviewed proposed legislation, which calls for several
amendments to the definitions, and provisions, of the Affordable Housing District
of the Zoning Code, and recommends that it not be adopted as written. Our
reasons for taking thi's position are below. (1) The amendment to the definition
for a moderate income family improved lot allows the developer to include the cost
of utilities in the price of the lot. This seems to contradict the amendment to
the definition of the moderate income family dwelling unit. That's the house. IYhich
prohibits inclusion of utilities in the purchase price of the lot with t;he house.
We are concerned that this wording may have the effect pf encouraging developers
to sell lots, rather than homes. Number 2, the proposed change from a two step
process, to a three step process, will add a step where better coordination will
suffice. It will also have the more serious effect of putting the Town Board in
the awkward and legally vulerable position of approving the prelimena~y concept
plan prior to the completion of the environmental review. Further, the proposed
deletion of the term site plan, and fees for the review of same from this and
subsequent sections of the Code, will exempt from Planning Board review all
proposals attached housing complexes in this district, such as apartments, townhouses,
whether affordable or not. Number three, the proposed amendment to Section
100-55F(2).will have the dual affect of discouraging the construction of affordable
housing within a year or two after the re-zoning, when it is needed, and simulta-
neously will encourage speculative rezoning to the higher density. Removal of
the short time frame to initiate, and complete construction will remove all incentive
to meet the housing need of the short-term, which are ironically was the original
intent of the AHD procedure. Further, allowing for an indefinite number of
extentions for an indefinite number of years, practically guarantees that a developer
will build affordable housing 'on a timetable, that may not coincide with the Town's
need for that housing, Four, we support the change in Section 100-56D to require
a five year hiatus, instead of the three years between home, or lot ownership
eligibility to purchase an 'affordable house, or lot. However, we would like to
justification for the five year period. A longer yet period of time may be advisable.
Also, eligibility should be based on total net worth, and not present income· The
use of present income alone i~s a significant loophole, that works in favor of those
who have significant non-liq~id assets, and against those who do n~t. Four,
Section 100-56F(4)(b) could Be deleted. We do not support the continued doubling
or quadrupling the residentiall district in the hamlet areas in order to create more
affordable lots to replace theiones to become exempt from the terms of the program.
Further, since there is a serious doubt in our minds, that the AHD program is
me~tjfltZf th~ Iow to middle incolme needs of this community, we question the wisdom
of continuing to operate it as it is structured. Five, the proposed new section
on covenants and restrictions will create additional work for the Town Board,
and the Planning Board, as well as increase the review time. If this sub-section
is adopted ail covenants and restrictions that may be required from the Suffolk
County Planning Commission, or the Planning Board, will have to be placed on
the Town Board agenda for action before the Planning Board could proceed. Six,
last one, The violation section could be strengthened by defining each violation
as a separate offense, and by specifying who will make the determination as to
· Pg ~ - LL Affordable Hou~4~g
whether a violation has occurred. Finally we not that the Town's entire policy
regarding affordable housing is under review by the Planning and Zoning Committee
with the assistance of members of the Stewardship Task Force. We therefore
recommend tabling any changes of the Zoning Code pertaining to the Affordable
Housing District, until that committee completes it's review. Sincerely, Bennett
Orlowski, Jr., Chairman. That's all of the communications we have on this proposal.
SUPERVISOR HARRIS: Any questions, Judge, on that?
JUSTICE EDWARDS: I have a question, where it sp6ke about bringing in the
utilities. It said, water, electricity, telephone, but it didn't s'ay anything about
sewers.
COUNCILMAN WICKHAM: There was reference to it.
JUSTICE EDWARDS: There was reference to sewers?
TOWN CLERK TERRY: It doesn't say anything about sewers.
JUSTICE EDWARDS: It doesn't? It should, shouldn't it?
TOWN CLERK TERRY: It says, utiltities under this article shall be defined as
electric, gas, if provided to the subdivision, telephone and water. Cabelvision
shall be provided without cost only to the lot line.
JUSTICE EDWARDS: Shouldn't sewer be put in there?
TOWN CLERK TERRY: We can't do it, unless you re-amend this, and we're not
going to be doing that.
SUPERVISOR HARRIS: Let's hear from the public, and then we can work on it.
Are there any members of the audience, that would like to address this Board
in reference to this Local Law amendment? Margaret?
MARGARET BROWN: I'm Margaret Brown, and actually I'm very unprepared,
because I don't have re×t, which is my own fault, and I don't I~ave a letter, so
this is a little off the top of my head. First of all, I think you should take heed
of what's been said from the Planning Board. I think they made ar] excellent
point, and including the last paragraph. Perhaps hold off until the Task Force
has done more thorough work in the whole subject of placement of affordable
housing, what the recommendations are going to come out of that committee. But,
then I have two specific questions. In the first place, the three steps that need
to be gone through, eliminated site plan review, and I didn't hear that it resurfaced
any place else. So, I'm wondering if site plans are no longer going to be reviewed
for affordable housing? If there really is a question there, I wonder why the site
plan is not included.
SUPERVISOR HARRIS: Again, Margeret, the Board is just listening for imput.
The Town Attorney would like to answer.
TOWN ATTORNEY ARNOFF: Site Plan is a misnomer. It didn't belong in there
in the first place. Site Plan has to do with commercial, not residential. If you
take a look at it, the Board still has the same review powers under subdi~tision
plat approval. It just was eliminated in language, which really had no meaning.
· Pg 6 - LL Affordable Ho~,,g ,~--,
SUPERVISOR HARRIS: I hope that answers it.
MARGARET BROWN: My other question is about the time.limit for affordable
housing, and I'm not really right now concerned about this. Specific time limits,
that I wondered why the Board cares, how long something should be eligible to
be affordable housing without taking action on it? Let's say, I choose to make
an affordable law, and I don't do anyth'ing with it. It just sits there, and apply
to affordable law, and then I don't build anything for eighteen months or a year.
Is there anything that. damages the Town? What should I say? Is it damaging
to the town to have affordable housing sites sitting there? Does it somehow degrade
the tbwn, or why couldn't it just be open ended?
TOWN ATTORNEY ARNOFF: Margaret, first of all, individual sites are really
not what this Code anticipates, nor do I believe that you could have your second
lot classified. You might be able to, but I think the cost intended to change
the zone for one lot might be prohibitive, and certainly.. But in reality affordable
housing was designed in the spirit behind the law, which was to say we have
a need. A developer comes in, and says, I believe I want to develop this parcel,
and make it affordable housing. The Board will then determine, hear what they
have to say, and try to make a determination on need. Now, if they then grant
that application, and then the next week another person comes in, and says, we
want to put up an affordable housing project. The Board might be reluctant to
grant that, saying, we really don't think we need that, because we gave the first
person something. Now, if that first person does nothing, and sits on his or
her hands for an indefinite period of time, the Board wants, to reserve the right
after a specific period of time, to revoke that reclass,ification, so they can get
on with it, and deal w~th more worthy applicants. I don~t know if that answers
your question, but that's certainly the reason ~vhy this is being addressed in
this manner.
MARGARET BROWN: To some e×tent, this answers my question, however, I
wouldn't think that people would be rushing out to do affordable housing, since
they're not going to make as much money' as if they're doing luxury housing'.
TOWN ATTORNEY ARNOFF: That may, or may not be true.
MARGARET BROWN: I&m surprised that you are limiting, that the Town itself
wants..l don't see any limits drawn, that there will be limits on the affordable
housing, that would be allowed in the town, and that's something I think you
should think about, and I will finish with one comment to reinforce my feelings
the Task Force should have more input, and that is there are many ways that
affordable housing can be accomplished. It can be in tract, so that you'have
a whole section of affordable housing, rather than scattered through the village.
There are wide ranging possibilities, and I don't think we ~now at this point,
what the best solution is for affordable housing in this towb, but I do think
having whole subdivisions, that are devoted to affordable housincl invites
degradation of our community. I thint~ in the long run ¥ot~ may'be better off
to have it scattered throughout the town, so that.. I
SUPERVISOR HARRIS: Margaget, again, I rarely answer during a public hearing,
but the Master Plan defines where affordable housing is in this town. It's very
specific, and it does not at all elaborate on any areas outside efa half a mile
from the hamlet centers. It's very specific '~,here the}, can be located. They're
floating districts. There is no otl~er areas, that are made available by the Code,
the Master Plan, as it's in effect right now.
. Pg 7 - LI_ Affordable Ho~:~ g
MARGARET BROWN: I certainly respect that, but I think that's one thing the
Task Force can do.
SUPERVISOR HARRIS: And that deals with public water, by the way. Public
water is prerequisite for any of that.
.MARGARET BROWN: The whole thing I hope is going to be reviewed at least
by the Task Force, the whole concept. I think it would be wise to wait at least
if there's no reason to rush into this change, and wait and see what comes out
of the Task Force.
SUPERVISOR HARRIS: Thank you, Margaret. 'Linda?
LINDA LEVY: Good evening. My name is Linda Levy, and I'm the Southold
Coordinator for the North Fork Environmental Council. After reviewing the proposed
amendment to the Affordable Housing District of the .Zoning Code, the NFEC would
like to raise a number of concerns. First, the amendment to Section 100-55F(2)
relating to the expiration of an Affordable Housing District would allbw for the
uses of the AHD in two different manners. By removing the short time frame
for completion of the construction, the town would be allowing the developer to
sit on an approved plan, until it was most convenient for him to build, as opposed
to providing housing when needed by the town. It is possible under that scenerio
for a developer to get approval for an AHD, because of an existing need, which
in fact might never be met. At the same time, by extending the time frame the
town makes the AHD zoning more attractive to builders. The developer could
apply for AHD, and the higher density, and wait to see if the market and other
forces make it desirable for them to build. In short, this amendment takes the
timing of the actual construction of the housing under the control of the developer,
when the control should remain with the Town. After all, the Town is granting
the AHD zoning to fill a specific need. You should have some guarantee that
the need was met. We are unclear of the rational for the addition of Section 110-57C8
covenents and restrictions. It seems that there may be some C&R's, that may
be requested by other agencies, that would not need to be reviewed by the Town
Board. If, there are specific CsR's that the Town Board would like jurisdiction
over, perhaps they could be de!ineated. Otherwise, it seems that this could lead
to a cumbersome decision making process at a future date. We are also concerned
as we have mentioned regularly in the past few months, that these amendments
are being brought in a piecemeal fashion. The Planning and Zoning Committee
has been reviewing the AHD zoning and it's application in the Town to date. The
Stewardship Task Force is certainly looking at AHD zoning, as it deal with issues
of hamlet density. Now, the Legislative Committe is proposing these~changes.
Apparently three different groups within our Town government are currently trying
to address the same general issue. We would like to see any changes to be made
as one coherent package, rather than looking at these amendments one week, and
then another set next month, etc., etc. While it may be, quote, easy to change
the Code, it would advisable to take the opportunity when we have it, of making
the Law a good one from the outset. Thank you.
SUPERVISOR HARRIS: Thank you. Ruth?
RUTH OLIVA: Ruth Oliva. It's too bad, that you didn't spend some time, I think,
discussing this Affordable Housing Ordinance in your Work Session of the Town
Board, because I think all of us would have. benefited by your legislative intent,
the intent to different sections. This way we just have to go by what is read,
and that perhaps is not exactly what you meant by it. In Section 100-51, the
. Pg 8 - LL Affordable HorLey,rig
developer must be responsible for the hookup for the home, but not for the
purchase of a Int. The inference here is that the developer would find it cheaper
to sell lots rather than houses, and I think we do want the houses. In the
application procedure 100-55a, why is site plan deleted? If it is a 50-50 proposition
with town houses, and the other 50% would be affordable site plan would be required
of a multiple dwelling, or perhaps the AHD would be built in multiple housing.
Would not a site plan be required? I would like to submit for your review changes
the old Housing C~mmittee had developed a few years ago, whereby the Town
Board, and the Planning.Board worked together. I'll give these to Judy. Also,
I believe that one ~;EQR process would alway be the norm without putting it in
the Code. It would be a joint effort between the two Boards. In Section 100-55a,
your words, reasor~able diligence, are subjective, and the developer would be
at the mercy of a Town Board. If he, or she, would desire, or like by the Board,
the project could go ever. Would we not want to see deserving people get their
homes as soon as possible? Or, on the other hand, if a developer incurs the
wrath of 'the Board, for one reason or another, he could be stopped in the middle
of his project. The term, reasonable diligence, leaves too much descretion. Definite
time periods are preferable. Housing should be built sooner, rather than later.
S~ction 100-56d, should include site plan. Period. Section 100-56b, why increase
from three years to five years? What' was the rational for that? On face value,
it seems the Town Board is being restrictive to people needing affordable housing.
Section 100-56F(4)(b), I think this needs more discussion. This says, that after
seven years you can sell it market value. How are we going to be able to keep
affordable housing at that rate? Section 100-57C(8), C&R's, would this language
be pref~rrable? In approving the Affordable Housing District, the Town Board
shall have the right to require the applicant, and/or' the owner, and all persons
having an interest in the premises to execute an agCeement in recordable form
containing such restrictions, covenants, terms, and conditions as it deem necessary
to accomplish the intent and purpose of this article. This is something we had
come up with in the old Housing Committee. I believe this would include the Planning
Board and the Suffolk County Planning Commission with their advisements~ Section
100-59, Violations, just what are the specific violations? You just mention them
in grey terms, but what's specific for each amount, I think is preferable. Again,
it leaves it wide open. I don't understand what they're going to be for. Basically,
it seems to me that the most important thing is for the Planning Board, and the
Town Board to be working in concert, because that's what it's going to take for
these affordable housing projects to get off the ground, and really go off running,
and that's really what we need. Thank you.
SUPERVISOR HARRIS: Thank you. Did I see a hand up? John?
JOHN COSTELLO: My name is John Costello. I'm probably the only one here that
has invested ten dollars in affordable housing in Southold Town. I get conflicting
feelings about some of the comments. I'm not sure, that Ruth Oliva is not
advocating socialism. Suffolk County Planning Department writes you a form letter.
Some interest. You should ask them for another letter. It's going to be very
difficult to address any portion of the concerns on this in. five minutes. You
should spend months. This is incredible. It's a pathetic attempt. You know
what you're trying to design. You're trying to design something to help you,
help yourself, help your citizentry of Southold Town. Well, you're doing it. I
feel the answer is, no. You need hamlet densities. You need affordable housing.
You need it in Mattituck. You need it in Cutchogue. You need it in Peconic.
You had spurts of it in Southold. .You've had spurts of it in Greenport. It has
eleviated a portion of it. Whereas, you're trying to have the intent of not incurring
the utility cost of the housing unit to the new landowners, you have a set price.
· Pg 9 - LL Affordable Ho,u'~,~g '~'~,
What encouragement are you offering for development? None. I can tell you,
open your eyes, there has been a couple of these affordable housing developments
go on. Look at their profits. One is going bankrupt. I was involved with one,
only was paid for half. There is no profit. They're not going to help you help
yourself without you having the concern. I could go through so many items on
this list. l.t's, its.. The public water, what do save, increase them off the face.
You don't know if the Village of Greenport is going to incur problems, have
legislated, mandated, processes added on. The price is set. The price is the
same. Too bad, you eliminated the developing. You eliminated the concern. You
have to meet the needs. You need a floating zone. .The Planning Board has ten
years experience in affordab]e housing. Listen to them. Most of it 'is Tight. Most
of it is right on. Many of you individuals weren't even on the Board, Mr. Raymond
Edwards has been through it all, but it's a complex, complex issue. Some of this
is ludicrous, whereas, the Town requests a seven year..what intitles, what intitles
the Town to any profit? These kids are taking the risks. The developers are
taking the risks. What risks entitled the Town to a high percentage of profit?
Ruth Oliva thinks that seven years is too short. Bunk. This is not a debate.
This is not a debate, and the intention of this is to get equity that these kids
put into these projects, is an important ingredient that is missing from the whole
law. If they go out there, and put the sweat equity, and improve their properties,
have no cost to their labor, who's the beneficiary in the first seven years? Town.
of Southold. Wrong. It's unfair. It increases. You're not guaranteeing any
profit to any developer by giving increased densities, l'll guarantee you. You're
not guaranteeing anything. You're trying to satisfy a need 6'f your constituencies
Do that, and you'll be doing a good job. Thank you.
SUPERVISOR HARRIS: Thank you/ John. Are there any members of the audience,
that would like to address this Local Law change?
DAVE ABATELLI: I'm Dave Abatelli. I'm from the North Fork Housing Alliance.
I'm the manager. I'm essentially going to have apoligize for really not being
prepared, because I came mostly tonight just to listen, and get a little bit of
background. But, just in hearing, you know, what's been said, and the little
bit I know about the Town's older Affordable Housing Law, and the new one,
I'm just really not sure exactly how is what is happening to really like moving
forward, and solving any real problems, and things like that. So, haven't had
an opportunity to talk this over with our staff, or the Board, so I really can't
really speak for our organization, but briefly just hearing what people have said
tonight, aod the letter the Planning Board Chairman. I would think that there
should be more time, and thought put into this. I don~t think we're quite there
yet.
SUPERVISOR HARRIS: That's what the pubic hearings are for.
Anybody else like to speak in reference to this? (No response.]
public hearing closed.
Thank you.
I'll declare this
Judith T. Terry C/
Southold Town Clerk
STATE OF NEVe~ORK)
) SS:
COUNT~ OF SDF~LK) /.
C~.~Z~- C~t~.d/.Cx~//k~' of Mattituck, in
s~d ~, bei~ d~y s~m, sa~ ~at he/she
is ~cip~ Clerk of THE S~OLK TIMF~, a
WeeMy Ne~pa~r. p~lished at ~ttituck. ~
the To~ of Southold, County of Suffolk ~d
Sta~ of N~ Y~k, and ~at the Notice of which
~e ~exed ~ a p~ted co~, ~ b~n ~-
ly p~lished in ~d Nempa~r once ~ch week
~eks suc~ssively, com~n~ on
~H~$~), V~l '
~om to befo~ ~ ~ ~ rd
~yof ~9 Y~
NOTICE OF
pUBLXC HEARING
ON LOCAL LAW
pUBLIC NOTICE IS HEREBY
b~ beaM.
BE IT EN~CrED'hy th~ To'~ B~
of the Town of Southofd
mum monthly ~t (~cl~ng
sal~ pd~ set f6~
MOD~RATE-~CO~ ~AM-
ILY ~MPRO~D
s~o m a
5~c~on
~nder
~on~ ~1~ &b~,wa -
2, ~ i~5~ ~e of
A. A ~
~ ~ ~ ~ .~nd
A~ ~ficRs
j~ The zoni~ reclassifica- !
p~rcels or land for dev¢l-
o_ proem in accordance with
that vim,*
&~ the entire aordicatinn.
3. Section 100-55B(5)ig) is hereby
4. Section 100-55B(6) (Pens) is
fb~ _The fee for aban~e of zone
review ~¥ ~'e a~qicari~n]
~&Se. cfion 10~-55F(2) of th~ Cod~
b~'a~nd~ed to raad as follows:
(2) (a) ½_7_~rc;::~. 5f Ubon re-
may b~ r~vo~
-. ?-~ ~'-
months ~lerzs~id Town
Board ~p~,mv al .,ah er mf i~
'~]~ ~,;~;~ h~s ~ot
able d~t-~.nee~
(2) (b) ~i: ~w~ Board. upon
atdy pr;or to the gstablish-
merit of the AHD District I
amended accordingly.
Board.
sMe or lgas~ of dw¢llin~ units
8, Se.~fion 100-56F(4)(b) is berry
beyond
9. Section 100-57C(8) (Covenants
and Restrictions) is hereby
· dded to mad as follows:
' fg~ The only covenanu ~nd
stdcfions winch may even be
?aced uuon any lot or
by action of the Town Board.
10. Se, e~on 100-59 (Violations) is
able in the followin~ manner:
1st offense -- By a fine of not
less than one thousand dollars
¢$1.000.003 nor more than five
thousand dollars
than five thousand dollars
($10.000.00/for each offense.
II_ This Local Law shall take effect :
upon its filing with the Sec~taty of
· Ovex~trike represents dgletions
C~pins of this ~ Law are avail-
DATED: November 24, 1992.
YI.ID1TH T. TERRY
SOUThIOLD TOWN CLERK
STATEOF NEW YORK ' ' .';'-~ - - · '
Patricia Wood,' being duly sworn,' says that she is the~
Editor, o(THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that Lhe notice of which the annexed is a printed copy,
h',ts been .puhlishecl in said Long Island I'rnveler-Wntclm~im '
once each week for ..................... 4/~ . . . ,,re'eke
sLiccess]vely, commencing on tJte ......... .~.
chw or. .... ~., lg..?Z~.:-
Notary Public
BARBARA A. SCHNEIDER
NOTARY PUBLIC, St~,te of [~'.'~ York
Oualified in Su¢fo~k 6ounty
O~mmission Expires ~/3t/~/,~'
. -, . · _; : .... '-' -. ~..',~ '-_' ' ~-:---, ,, ,' - - ~ ,: x000000) for each offense.
· , . _., ~ · '..- -' '. '. -..' .......J[. Thts Local Law ~hall tab(
. : · . - '.i ~ " -'''': :,:'- ' :' ~; '-' "!.:'-'/;ct uponoits filing with th(
~dnderscore represent.
- :lltions
2opies of this Local Law ar
.dlable in the~Office of th
wn Clerk to any intereste[
-sons during business hour~
~TED: November 24, 1992
JUDITH T. TERR'
'~UIHOLD TOWN CLERI
1X-12/3/92((.
' NOTICE OF
',/ PUBLIC HEARING
d. ON LOCAL~LAW
i',PUBLIC NOTtCE IS
HEREBY GIVEN that thereh~s
been presented to--the Town
~Bbard o'f the Tqwn of Southold
Suffolk County, N~v York; on
~khe 10th day of November, 1992,
'a Local Law entitled, "A toexl
'Law in Relation t~ Affordable
~Honslng."
._ NOTICE IS FURTHER
.GIVEN that the To'v~m Board of
::the Town of Southold:wflI hold
i a public hearing on the aforesaid
Local Law at the Somhold Town
~HalI, Main Road, Southold,
[:New York, on the Sth day ol
~Deeember, 1992, u~ 8:05 P.M., at
~which'time ali interested: persons
{~wiU' be heard.: _.
% This proposed "[~c~l Law in
Relalioo to Affo~able Hons-
!ing" reads as follows: .
ii' BE IT ENACTED. by the
'Town Board 6f the Town of
.S.outhold as folloW~:-
'i' i. c~iilXer 100 (Zdning) of the
Cbde 5f the Town df Sbutho[d
is hereby i~rfienfle~i to read as
, 1. Semen I00-51 (Definkions)
i~:hereby amended to read as
follows: ·
: MODERATE-INCOME
iFAMU_I~ DWELL ING UNIT--
A dwelling unit reserved for rent
or sa. le'.m W r~oderat~-ine~me,
family and for which tiie max=
imum mo'nthly rent (excluding
utitilies) or the maximum initial.
sales price does not exceed the
maximum rent or maximum
' 100-56Ehereofi In no evem shall
the purchaser of siid dwelling
unit be responsible for the pay-
, 'men' of any nti?itv hook-u~ fee. ,
' ~ I~' 6J}Sectton.-1003~:~G ts hereby
~, 4. Section 100-55B (Fees) is
~hereby addad~tS, read .as for } ainended to i-ear as follows:
· ~ ' ~ G. ,Si~-P~ and Subdivision
~ows: '~ '. ! plat approval by the Plahning
{a) Them shall be n~o fee for :' Board.
~.!" MODERATEa:INCOME
L~TA MI Ly, UNIMPROVED
~r~OT- ',An :. unimproved: -tot
income tafi'fily and for ~tfich'the
Ibe assessed, in .the following'
n:'m,~'¢'-, ri.gee: dollm'~ 1~;15.00}
i"or euel. proposed dv. el!i~.;' alii,
ior ,'be ll:mlhgd dolla'~
~;maxamum tmtmI sales price, tn:
~l~gDe of ti/e dost Of'providing
~,ceed the maximfim sales-pri~ iL-v~ ie~ 'ce, .ecc~..-ilv incm',ed
:,~t f6rth-'in Section I00-56E~' :t.'lw e ,t~t - : co d r,., ·
~,ere0[.' Said~ unimproved 'lot ' e0o~di,'a'ed [::'~c,,. or'iht
¢,..E,:I~ mcan a t'lca:i~ parcel of ,~application. .
¥.-'ql ~ rape' ..v d¢,q:'n:ited :,> a Im ~, 5. Secdon 100-55F 2l or the
~:o!' a I'ilcd ma'~ in.'luqvc o( alI r~Cbde of the To~,~n or Southold
~y'tin&:'- ' ' : ' ': ' :.lbllow-: '.'
%~b,d, iri.!,,n relephnrw
[;~ ~ecti0h 1.100-55A of the
~Code 6f'h: Town d~' Sdu{Imld
~i ~. .Xppl~ca:;on Procedure. '
~D District shat invol0~ a
~ t~e:sUg~, r~i~
~*:nccs. a- follow-:
{ } ~pprot',ll lay I':,,
dulailed -ilo p[ar and
P? ~~ b
:
of a s~c~ic p~el-o~{parcds
l~nd~o~ d~e o~e~t ~ accor-
dance ~i1~ ~haL pl~Y
, rathe tow~ sha ~ i~
: euab~ib~ m~ici~to ut~e
' a ~in~le S'FQR~ pmce~ qnd
3. %colSon I(~l-n~l~ tlIlu} i-
:ollow< '
!.~ Section ~100a56D ~s hereby'
~mended 10 read:as' follows:
'or ~o~e-income facies,
~ho'have n6t hM ~y o~er-
qlip ~]ilvr:-, i' a~.y
~,'~ five {51 years, sh~ i~ i
~loua ed on apnon y ~
?the Dllotdnu order: ' :
~ 8. Section 1~-5~{41(b} ig
hereby amended re read as
:~ood ea?e sho~, the e, tablish-
,meat or"au _&FID Oi_,trict shall
~erpire'may be yevoked -~wel~e.
?li~i~,t~e eighteeh (18)
~'nonthS'hffe~ ~ai~l TO~ n Board
,~{approeal thereof if x~ork on the
,*'site has not commer~ced'or the
' ?am_e is m)t' being prose~naed to
, ~:oh'clusio~ t~h he' rea;6~n~le
~ddi~ence
iaf~ieaOee'req aest of the appli-
:scanL and upon ~ood canse be-
~in~ shown, ma3'. in the exercise
'~ef~ s ~reaon, extend
'~,[he abo,.e tim~ per|6ds~.r-aee
~: ?~vocalion-of ap-
proval 'as' ]~er'ei~: 'pro,,l&d; the
![A.HD District ~h~ ~ be de~med
'~81~'he onl~ .covenams and
~placed upon ~n,~ lo! or dt~e ng ;
'first approved I~, a~-don of the
.Town Board. '
~ 10. Sc'ion !00 59 lyiolmlo:~9
is hereby added tO' read. az
fonsw's: · ., ".. ;
~ 2~d!~ vlOlafl6rl 6~:iiQ~'O?o~i:
' sto~ Of [~s a~cle S~I ~ pup-
: 5shale la t~ fo~e m~er:
,' Is[ of£cuse - By a time or not less
!than one thousand do ars..,
zomng classthcaoon that o:lsted
on/ge ~rO ~;~atel~ pti- p~r~ ~fing
'Bt to tke'e~bl~ent of the
¢~DOsuc he~on ~d~e
lTm~n Clerk shMI caw~ the Of ~
~i~M ZoM~ Ma~ ~o ~ amend-
}d' accor~ngly. ".
Secretar~ of State. '
*Overs~k~. represents deletions
**Underscore represents
,i~ffi~;e ~[, ih~
~: int~sted:
a~inesk ~oars~