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HomeMy WebLinkAboutLL-1993 #12 Local Law No. 12, 1993 A Local Law in Relation to Exceptions to Yard Requirements 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 100-230 (C) (Exceptions and Modifications) is hereby amended as follows: (2) Entries and porticos. A roofed-over but unenclosed projection Jn the nature of an entry or portico, not more than ek~h~ ~8~ six (6) feet wide and extend- ing not more than sk~ ~6~ five (5) feet out from the front wall of the building, shall be exempt from the requirements of this section when the building otherwise complies with the regulations of this section. In computing the average setback, the presence of such entries and porticos shall be ignored. (3) Permitted projections. In any district, chimneys on residential, public or semipublic buildings may project into a required yard to the extent of not more than two (2) feet. In any residential district, terraces or steps u~v~ i~rches-may project into any required yard, provided that no part thereof is nearer than four (4) feet to any lot llne. II. This Local Law shall take effect upon its filing with the Secretary of State. Overstrike represents deletion(s) Underscore represents addition(s) NYS DEPARTMENT OF STATE BUREAU OF STATE RECORDS 162 Washington Avenue Albany, NY 12231-0001 DATE: 7/26/93 IMUNICIPALITY Town of Southold LOCAL LAW(S) NO. ) YEAR 12-14I 1993 FILING DATE 7/19/93 Local Law Acknowledgment JUDITH TERRY SOUTHOLD TOWN CLERK TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NY 11971 L DOS-236 (Rev. 6/90) _) 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 ~rVASttlNGTON AVENUE, ALBANY, NY 1297.31 (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. ]~l~3X ,,r Southold Town ,,, ................................ u ......................................................... Local Law No ........ _1_2_ ......................... of the year 19-9--3--- A local law --J~-~-R--e-~-a--tip*~*-t-9.~-E--x~-c~-e~.~t*[9-n--s-~--t-~-~-Y--a*r.*d---~q~-[r~Dg~ ............................ Be it enacted by the ..............t._o.w_.o....B..o.a.r._d. ........................................................ of the ]~R}X of Southold' as follows: Town .......................................................................................... - Chapter 100 {Zoning} of the Code of the Town of Southold is hereby amended' as follows: II. Section 100-230 (C) (Exceptions and Modifications) is hereby amended as follows: (2) Entries and porticos. A roofed-over but unenclosed projection in the nature of an entry or portico, not more than six (6) feet wide and extending not more than five (5) feet out from the front wall of the. building, shall be exempt from the requirements of this section when the building otherwise complies with the regulations of this section. In computing the average setback; the presence of such entries and porticos shall be ignored. (3) Permitted projections. In any district, chimneys on residential, public or semipublic buildings may project into a required yard to the extent of not more than two {2) feet. In any residential district, terraces or steps may project-into any required yard, provided that no part thereof is nearer than four (4] feet to any lot line. This Local Law shall take effect upon its .filing with the Secretary of State. (If additional s pace is needed, attach pages the same size as this sheet, and num bet each.) DOS-239 (Re,,. 7/9D (1) (Complete the certification in the paragraph that applies tothe 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, designated as local law No ....... _1_.2_ ........................ ~ of 19-~-3-- _e_of the ~(C~)(Town)bgtll~,o~ of ........ _S._o_u_t _h__o.t _d_ ........................................... was duly passed by the :~_9__w_~_¢_9_a_r_9 ............................. on ..J..u_!~_..]_3_ ..... 19.9_.3_, in accordance with the applicable provisions of law. (Name of L egiMative 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 d~ly passed by the ............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after (Name of £eg~slati,.e Body) disapproval) by the .................................................. and was deemed duly adopted on .................. 19---~, (Elective Chief Ex~cutive '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) 6f ......................................... ~ ....................... was duly passed by the ................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after (Name of Leg~latlve Body) disapproval) by the ................................................. on ................... 19 ..... Such tocal law was submitted ~Electi,'e 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 .................. 19---- , in accordance with the applicable provisions, of law. 4. (Su'bject 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)(V~llage) of ................................................................. was duly passed by the on .................. 19 .... , and was (approved)(not approved)(repassed after (Name of Legi~ladv~ Body) disapproval) by the .................................................. on .................. 19 .... Such local law was subject to (Elecd~ 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 ora 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 section (36)(37) of the MunicipaI 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 ........ 2- ......... 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 Cohnty 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. ($e~l) (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 ihe manner in- dicated in paragraph ....._1_ ..... , above. Clerk of the ~fnty legiSlatiVe b~yy, City, Town or Village CI~f or officer designated by local leg/slative body JUDITH T.- TERRY, TOWN CLERK Date: July lq, 1993 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or · other authorized attorney of locality.) STAT~ OF NEW YORK coum~ 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 localg~r~~~''~la~w annexed hereto. _(~ - . . MATTHEW G. KIERNAN, Title ASSISTANT TOWN ATTORNEY ]~3~ of Town Date: Southold July 14, 1993 (3) PUBLIC HEARING SOUTHOLD TOWN BOARD JUNE 29, 1993 8:02 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO EXCEPTION TO YARD REQUIREMENTS" Present: Absent: Deputy Supervisor George L. Penny IV Justice Raymond W. Edwards Councilma 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: The second Local Law this evening will be read by Councilman Wickham. COUNCILMAN WICKHAM: "Public Notice is hereby given that there has been pre- sented to the Town Board of the Town of Southold, Suffolk County, New York, on the 1st day of June, 1993, a Local Law entitled, "A Local Law in Relation to Exceptions to Yard 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 29th day of June, 1993, at 8:02 P.M., at which time all interested persons will be heard. This pro- posed "Local Law in Relation to Exceptions to yard Requirements", read 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 100-230(C) (Exceptions and Modifications) is hereby amended as follows: (2) Entries and porticos. A roofed-over but unenclosed projection in the nature of an entry or portico, not more that ei~l~t ~8~ six (6) feet wide and extending not more than si~-(-$)- five (5) feet out from the front wall of the building, shall be exempt from the requirements of this section when the building otherwise complies with the regulations of this section. In computing the average setback, the presence of such entries and porticos shall be ignored. Pg 2 - PH LL yard reql" ~ments (3) Permited projections. In any district, chimneys on residential, public or semipublic buildings may project into a required yard to the extent of not more than to (2) feet. In any residential district, terraces or steps i~r~l~e~ may project into any required yard, provided that no part thereof is nearer than four (4) feet to any lot line. II. This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletion(s) ** Underscore represents addition(s) Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: June 15, 1993. Judith T. Terry, Southold Town Clerk." We have a notice of publication in The Traveler-Watchman, dated 24th of June, and 1993, and we also have a note that it has been published outside here in the Bulletin Board outside the room. On June 8th, 1993, the County of Suffolk wrote to the Town of Southolds Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determi- nation should not be construed as either an approval or disapproval. Very truly yours, Arthur H. Kunz, Direction of Planning. We also have a communication from the Southold Town Planning Board dated June 15, 1993, regarding this proposed Local Law. Dear Mrs. Terry, The Planning Board adopted the following report at its public meeting on June 14, 1993. Be it resolved that the Planning Board has reviewed this proposed local law which will change the allowed exception from the minimum yard setbacks of entries and porticos from eight feet in width to six feet in width, and from six feet in depth to five feet in depth, and which will delete uncovered porches from the permitted projections into minimum required yard set- backs. The Planning Board has no objection to this proposed admendment. Sincerely, Richard G. Ward, Chairman. That all the communications we have. DEPUTY SUPERVISOR PENNY: Is there anybody from the audience, that would like address the Town Board on this proposed Local Law change? (No response.) Hearing none at this time, we'll close this public hearing. Judith T. Terry Southold Town Clerk COUNTYOF SUFFOLK ss; SI'Al'EOF NEW YORK 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 Exceptions to Yard Re- quirements: ' 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 29th da~ of June, 1993, at 8.'02 P.M., at which time all interested persons will be heard. This proposed "Lo~l Law in Relation to Exceptions to Yard Requirements" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amellded as follows: I. Section' 100-230(C) (Ex- ceptions and Modifications) is hereby amended as follows: (2) Entries and porticos. A roofed-over but unenclosed projection in the nature of an entry or portico, not more thkn [eight (8)] six (6) feet wide and extending not more than [six (6)] five ($) feet out from the front wall of the building, shall be exempt from the requirements of this sec- tion when the building other- wise complies with the regula- tions of this section. In com- puting the average setback, the presence of such entries and porticos shall be ignored. Patricia Wood, being duly sworn, says that she is the Editor, of 1'HE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk Cotinty; has bccn published in said Long IMand ']riweltu-Watchmnxm~ .... ~4< Sworn to before me this ~ g clay of ........... ..... if&.. '(3) Permitted projections In any district, chimneys on residential, public or semipublic buildings may pro- jeet into a required yard to the extent of not more than two (2) feet. In any residential district, terraces or steps Jun- covered porches] may project into any required yard, provid- ed that no part thereof is nearer than four (4) feet to any lot line. IL This Local Law shall take'effect upon its filing with the Secretary of State. [Brackets represent dele- tion(s). Italic represents addition(s). 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 1X-6/24/93(19) Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, Stete of New York No. 4806846 Qualified in Suffolk County Commission Expires