HomeMy WebLinkAboutLL-1993 #11Local Law No. 11, 1993
A Local Law in Relation to Detached Dwelling
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 100-101 lB) (Use Regulations) is hereby amended by adding
the following:
15. One-family detached dwellings, not to exceed one (1) dwellinU
on each lot.
II. This Local Lawshall take effect upon its filing with the Secretary of
State.
* Underscore represents addition(s)
~ DEPARTN£~T OF STA~E
BU~£AU OF STATE RECORDs
1~2 Washington Avenue
A~bany, NY 12231-0001
DAYE:
7/26/93
Local Law Acknowledgment
JUDITH TERRy TOWN CLERK
TOWN OF SOUTHOLD
53095 MAIN ROAD
SOUTHOLD NY 11971
D05-236 (Rev. 6/90)
-I
The above-referenced material was received
and filed by this office as indicated.
Additional lOcal law fillng 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 Hie 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.
· ex>xx ........................ .S..o..u.t..h..o_[.d. ....................................................
Town
Local Law No ............. J_J. .................... of the year 19--9-3-~-
A local law ......[-n-__-R..eJ.a..tJP..n...Lo_.__D__e.t.9_c__h__e_.d__._D__w__e.l.[[.n.9. ........
Be it enacted by the '. .............. .T_.o..w..n___.B..o..a..r..d. ........................... _- .......................... of the
X~){X of ...................... .S._o__u..t.h__o..t.d_ ...................................................... as follows:
Town
II.
Chapter !00 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
Section 100~101 (B) (Use Regulations) is hereby amended by adding
the following:
15. One-family detached dwellings, not to exceed one {1) dwelling
on each lot.
This Local Lawshall 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.)
DOS-239 (Rex,. 7/91) (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 certi fy that the local law anncxed hereto, designated as local law No ........... 1. J .......................of 19-~-3--
o~f the (tE~al{~)~}{~(Town)~lt~ of ..... :---S--°--u--t-h-~-°--l-d- ......................................... -- was duly passed by the
--J--°--w--n-~-~9-a--r--q ........................... on---4-u-J-¥.-J.-3_~.. 19 _9.3__, in accordance with the applicable provisions of law.
(Name o.f ~egi~latlve Body)
2. CPassage 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 Legisladve Body)
I disapproval) by the .................................................. and was deemed duly adopted on .................. 19 ....,
IElecdve Chlef Exec~t~ve
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 Leg~ta~ive 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¢'ame of Legislative Body)
.disapproval) by the .................................................. on .................. 19 .... Such local law was subject to
(Elective Chief E~ecudve Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of .................. 19---- , in
accordance ~vith 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 vii!age, 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
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(general) election held on ................... 19----,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local taw 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 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 ~ile 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 of the~ount,) legislative body, City, Town or Village Cler~
or officer designated by local legislative body
JUDITH T. TERRY, TOWN CLERK
(Seal) Date: July 14, 1993
(Certification to be executed 'by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COONTY OF SUFFOLK
I, the under:signed, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have beenhadortakenfortheenactmentofthe ~~ ~ /~ local la/w anne~r~d hereto.
MATTHEW G. KIERNAN, ASSISTANT TOWN ATTORNEY
X~g of
Town
Date:
Southold
July 14, 1993
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
JUNE 29, 1993
8:00 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO DETACHED
D W----~-~'-~N G S" .
Present:
Absent:
Deputy Supervisor George L. Penny IV
Justice Raymond W. Edwards
Councilman Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
Supervisor Scott L. Harris
DEPUTY SUPERVISOR PENNY: Out first public hearing is on a "Local Law in
Relation to Detached Dwellings", to be read by Justice Ray Edwards.
JUSTICE EDWARDS: "Public Notice is hereby given that there has been presented
to the Town Board of the Town of Southold, Suffok County, New York, on the '
1st day of June, 1993, a Local Law entitled, "A Local Law in Relation to Detached
Dwelling". Notice is further given that the Town Board of the Town of Southold
will hold apublic hearing on the aforesaid Local Law at the Southold Town Hall,
Main Road, Southold, New York, on the 29th day of June, 1993, at 8:00 P.M.,
at which time all interested persons will be heard. This proposed "Local Law in
Relation to Detached Dwelling" 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) (Use Regulations) is hereby amended by
adding the following:
15. One-family detached dwellings, not to exceed one (I)
dWellin9 on each lot.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* 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: June 15, 1993. Judith T. Terry,
Southold Town Clerk." I have proof of publication in The Long Island Traveler-
Watchman ont he 24th day of June, 1993, and I proof that it was posted on the
Town Clerk's Bulleting Board at the Town Hall. I have communication from the
Pg 2 - 6/29/93 PH LL ir 'el. to Detached Dwellings
Planning Board Office Town of Southold, June 15, 1993, to Judith T. Terry, Town
Clerk. Re: Proposed Local Law in Relation to Creating a Special Exception to Allow
Single-family detached dwellings in the General Business (B) zoning district: Section
100-101 (B), Dear Mrs. Terry: The Planning Board adopted the following report
in its public meeting on June 14, 1993: Be it resolved that the Planning Board
has reviewed this proposed Local Law which will allow a single-family detached
dwelling to be located within the General Business zoning District by Special Ex-
ception of the Zoning Board of Appeals. The current zoning Code does not permit
single-family detached dwellings within the General Business Zoning district. The
purpose of the B district, as set forth in the Zoning Code is: to provide for retail
and wholesale commercial development and limited office and industrial development
outside of the hamlet central business areas, generally along major highways. It
is designed to accomodate uses that benefit from large numbers of motorists, that
need fairly large parcels of land and that may involve characteristics such as heavy
trucking and noise. Single-family dwelling units are allowed in all zoning districts
except General Business, and Light Industrial and Light Industrial Park districts.
Accessary apartments are not permitted within these zones either, although, para-
doxically bed and breakfasts are. The proposed legislation represents a step back-
wards in recognized planning practice in that it will permit further mixing of residen-
tial uses in business districts. In the long run, the end result will be that there
will be no distinguising between business and residential zoning districts within
the Town since the same mix of uses will be allowed throughout all business districts.
A brief review of the aerial photographs and the Zoning Map for the Town revealed
that in the major business districts of Mattituck and Southold there are, respectively,
11 and 13 vacant "B" zone parcels that could be affected by this proposed amend-
ment. The Planning Board does not support this proposed amendment. Signed,
Richard G. Ward by Valerie Scopaz. Richard G. Ward, Chairman. To Judith Terry
Town Clerk Town of Southold from Gerald G. Newman, Chief Planning County of
Suffolk. Zoning Action, proposed amendment to Zoning Code Section 100-101 (B)
(15) in the Town of Southold. Dear Ms. Terry: Pursuant to the requirements of
Section A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced
application which has been submitted to the Suffolk County Planning Commission
is considered to be a matter for local determination. A decision of local determination
should not be construed as either an approval or disapproval. Very truly yours,
Arthur Kunz, Direction of Planning. That's it.
DEPUTY SUPERVISOR PENNY: Thank you, Ray. At this time, is there anybody
in the audience, that would like to comment on the proposed Local Law. Please
step forward to the mike, identify yourself. (No response.) Seeing no one, I'll
close the hearing.
Southold Town Clerk
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
Southold, Suffolk County,,
New York, on the 1st day of
June, 1993, a Local Law entitl-
ed, "A Local Law in Relation
to Detached Dwelling."
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 Hail, Main
Road, Southold, New York,
on the 29th day of June, 1993,
at 8:00 P.M., at which time all
interested persons will be
heard.
This proposed "Local Law
in Relation to Detached
Dwelling" 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) (Use
Regulations) is hereby amend-
ed by adding the following:
· One-family detached dwell-
mgs, not to exceed one (lj
dwelling on each lot,
II. This Local Law shall
take effect upon its filing with
the Secretary of State.
Italic represents
addition(si.
Copies of this Local Law
are available in the Office of
the Town Clerk to any in-
terested persons during
business hours.
DATED: June 15, 1993
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
IX-6/24/93(18)
COUNTY OF SUFFOLK
STATE OF' NEW YORK ss:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Islancl Traveler-Watcim~an
once each week roi'. .................. /'..' ..... weeks
successively, commencing on tile ....... :~'(-~..~.~ .........
day ol .... .-."L.c.~ .L"~ 1 q / 3 ~
Sworm to before me Ibis ~)~/-zz~
..................... day ol
NotaFy Public
BARBARA A. SCHNEIDER
NOTARY PUBLIC, State of Now York
No. 4806346
Qualified in SuffcA County
C,ommission Expiles ~/3~/gq