HomeMy WebLinkAboutLL-1995 #16 LOCAL LAW NO. 16 , 1995
A Local Law in Relation to Certificate of Determination
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 100-13B is hereby amended by deleting the following
definition:
2. Section 100-280G is hereby deleted in its entirety:
II. This Local Law shall take effect upon filing with the Secretary of State.
* Strikethrough ~'epresents deletions.
STATE Of NEW YOrK
DepartmENt Of State
AlbaNY. NY 12231-OOO1
ALEXANDer F. TReADWELL
SECRETARY Of STATE
July 25, 1995
JUDITH TERRY TOWN OF SOUTHOLD
TOWN HALL 53095 MAIN ROAD
PO BOX 1179
SOUTHOLD, NY 11971
RE: Town of Southold, Local Law 16, 1995, filed 07/14/95
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Sincerely,
Jan~ce G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
Local Law Filing
NEW YORK STATE DEPARTMENT OF ST-~YE
162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be givea as amended. Do no! include matter being eliminated and do not use
italics or underliaing to indicate new matter.
~lq(x _~ Southold
Town
Local Law No .......... J--fi. ....................... of the year 19-9-.5-__
A ~ocai law ....
Town
Boa
rd
Be it enacted by the of the
tgtt[ Southold
Town of .......................................................................................... as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended
as follows:
1. Section 100-13B is hereby amended by deleting the following
definition:
CERTIFICATE OF DETERMINATION -- A document issued by the
Building Inspector certifying that the proposed business use of an
existing business structure and/or property complies with the town's
Zoning code at the date of issuance.
2. Section 100-280G is hereby deleted in its entirety:
G. The Building InspectoE at the request of the applicant, shall
review and, if appropriate, shall issue a certificate of determination
upon the inspection of an existing business structure and/or
property for compliance with the town's Zoning Code at the time of
issuance. The fee for the issuance of a certificate of determination
shall be set by Town Board resolution.
II. This Local Law shall take effect upon filing with the Secretary of State.
(If additional space is needed, attach pages the sam,~ size as this shect, and number each.)
DOS-Z39 (Rev. 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.)
[ hereby certify that the local law annexed hereto, designated as local law No. ___1_6_ .............................. of 19-9--5---
of the (~i.,.~'~¢~,~(Town)(nd~tt~) of _._.S.o_.u._t._h_o__l.d_ ................................................. was duly passed bv the
................ _T'__6_~_n_.'__B_'_o_a__r__d_ ............. on __J._u__l~___'l.l_ ..... 19 _9._5., in accordance with the applicable provisions or'law.
(Name of Legls~atlve Body)
i2. (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 L~glslative Body)
disapproval) by the .................................................. and was deemed duly adopted on .................. 19 ....,
(Elective Chief Executive Offtcer*)
in accordance with the applicable provisions of law.
(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 LegiMatlve Body)
disapproval) by the ................................................. on ................... 19 .....Such local law was submitted
(Elective Chlef Executlve Officer*)
ilo the people by reason of a (mandatory)(permiss~ve) referendum, and received the affirmative vole of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on ..................19--- , in
,accordance with the applicable provisions of law.
~4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
!I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
iof the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
.................................................... on .................. 19 ...., and was (approved)(not approved)(repassed after
(Name of Legk~lative Body)
idisapproval) by the .................................................. on .................. 19 .... Such local law was subject to
(Elective Chief Executive O~cer*)
!permissive referendum and no valid petition requesting such referendmn 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 ou 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 ora town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
· (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
~Seetion (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 (speclal)(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 .............................................. z_ .... 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.)
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-
kticated in paragraph ............ , above.
Clerk of ,he Q6~nty' leglslatlv~ body, ci~Y,~own or Vili~Clerk
or officer designated by local legislative I~dy
Judith T. Terry,Town Clerk
(Seal) Date: July 12, 1995
Certiflcatton to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
ther authorized attorney of locality.)
STATE OF NEW YOKK
COUNTY OF
I, the undersigned, hereby 'certify that th~ foregoing 1o41 law contains the correct text and that all proper proceedings
· have been had or taken for the enactment of the local la~ annexed hereto.
Laury L. Dowd, Town Attorney
Title
{8~ of Southold
Town
Date: July 12, 1995
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
JULY 11, 1995
5:10 P.M.
IN THE MATTER OF THE PROPOSED "LOCAL LAW IN RELATION TO
CERTIFICATE OF DETERMINATION".
Present:
Supervisor Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Councilwoman Ruth D. Ollva
Councilman Joseph L. Townsend, Jr.
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR WlCKHAM: Weql proceed to the third hearing of the
afternoon.
JUSTICE EVANS: "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 27th day of June, 1995. A Local Law entitled,
Local Law in Relation to Certificate of Determination" . 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, 53095 Main
Road, Southold, New York, on the 11th day of July, 199S, at 5:10
P.M., at which time all interested persons will be heard. This proposed
"Local Law in Relation to Certificate of Determination" 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 5outhold is hereby
amended as follows:
1. Section 100-13B is hereby amended by deleting the following
definition:
eER-T~FI~A-TE OF-I)E-T-ERfvliNATffON - A- docc~,,,~,,t issued b~ the
~cZJ~l"~j-~n~pt~eLur ~..e~ Lil'~it~ that Ltm proposed-busi,e~ ~$e of~
aTT e~cisting business- m ~md/oe peoper~y cempl~es with the
towrt~s-Z-oni~g mede-at the date of-isstm~ee.
2. Section 100-280G is hereby deleted in its entirety:
C. The E~tHdhqg tnspector,-at the ~eques~ ef the apf~ic~r~t
-shah rev~;ew arrd-, -if appropriate, shah ~rssue a-cert~fieate
pg 2 - PH
~f deternfin~t~on uporr the i~on
by T~ B~rd
II. This Local Law shall take effect upon filing with the Secretary of
State.
* Strikethrough represents deletions.
Copies of this Local Law are available in the Office of the Town Clerk to
any interested persons during business hours.
Dated: June 27, 1995. Judith T. Terry, Southold Town Clerk." This was
published in The Suffolk Times. There's an affidavit here, and on the
Town Clerk's Bulletin Board. There's two pieces of correspondence from
Southold's Planning Board. Dear Mrs. Terry, The Planning Board has
reviewed the proposed Local Law in Relation to Certificate of
Determination. The proposed law essentially amends the Zoning Code by
deleting the definition of the Certificate and the authority for its
issuance, as set forth in Section 280 G. The Planning Board agrees with
this proposed amendment for the following reasons. Recently, the Zoning
code was amended to return to the Planning Board the authority to decide
if site plan approval is required for changes of use. This change
eliminates the need for Certificates of Determination because when the
Planning Board reviews the proposed change of use, it has the authority
to waive the need for an approved site plan. When the Planning Board
notifies the applicant of the waiver in writing, a copy is sent to the
Building Department. This letter serves the same purpose as a Certificate
of Determination. Sincerely, Richard C. Ward, Chairman. Also a letter
from Stephen M. Jones, Director of Suffolk County Planning. Pursuant to
the requirements of Section A 1~-1~ 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 as there is no apparent significant
county-wide or inter-community impact(s) A decision of local determination
should not be construed as either an approval or disapproval. Very truly
yours, Stephen M. Jones, Director of Planning. That's it.
SUPERVISOR WlCKHAM: Thank you, Louisa. You've heard the reading of
the public hearing. Anyone in the audience like to address the Board on
this matter? (No response.) If not, I declare the hearing closed.
Southold Town Clerk
I~LIC NO't'Ic~ ~
P~ thc~ ~ be~
GIVF. N ~ ~ of the Town,S!
~o~c~ e ~. ',
on the afor~ato ~S~ Main '
l, Section 1~-13B ti hereby
amended by deleting ~e following
...... --- L? ~ ~
*S~ ~ ~d~/~te
~ies of ~s ~ ~w ~
so--OLD ~W~ C~EgK
STATE OF NEW VCtRK)
) SS:
COUNTY OF SUFFOLK )
of Mattltuck,
in ~uld County, being duly sworn, ~ay8 that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at MaRituck, 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 regularly published in said
Newspaper once each week for _ [ ._ weeks
comme cing on the [/'~ day of
CHRISTINA VOLINSKI
Notary Public, State of New Yod~ principal Clerk
No. 5004884
Notary Public
sworn3, , ro?, ,-e mis