HomeMy WebLinkAboutLL-1997 #05Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
I62 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary or' State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italica or underlining to indicate new matter.
o f ._ _ _h. 9J_o .......................................................................
Town
Local Law No ........... _5. .................. of the year 19--9-7--- '
in Relation to Nonconforming Lots
A local law .................................................................................................. ;-
Be it enacted by the _ .T__o._w_n____B.??_.r.~_ ................................................................. of the
~x oL____S_o__uX_h_9_l__d ...................................................................... as follows:
Town
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 100-244 (Nonconforming lots) is amended as follows:
B, Such lot shall be required to meet the following:
Area Yard
(square Lot Front Side Both Sides Rear
feet) coverage (feet) (feet) (feet) (feet)
200,000 to 5% 60 30 60 100
399.999
120,000 to 10% 60 30 60 85
199.999
80.000 to 20% 60 20 45 75
119.999
60,000 to 20% 55 20 45 75
79,999
40,000 to 20% 50 20 40 60
59 999,
(If aduitionat space is needed, attach pages the sam~ size as this sheer, and number each.)
f .Re~. 7D 1~, ~ ~)
20,000 to 20% 40 15 35 50
39.999
Lessthan 20% 35 10 25 35
20,000
II. This Local Law shall take effect upon 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, designated as local law No ................. _5. .................of 19--9--7._
of the ~x~ ~j( .~g~ ){Town)(7~l~0~ of .... ~_o._u_t__h._ql..d__. ............................................ .was duty passed by the
.... _T__o._w__n____B__o_a__r__d_ ......................... on .M__a. _r_ _c_ _h__ ~ ..... 19 ---9-,7in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*,)
t hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(V'fllage) of ............................................................... was duty passed by the
.............................................. on .................. 19 ---, and was (approved)(not approved)(repassed after
(~la~rne of.Legidative Body)
disapproval) by the ................................................. and was deemed duly adopted on .................. 19 ....,
~n 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)(Vitlage) of ................................................................. was duly passed by the
................................................... on .................. 19----, and was (approved)(not approved)(repassed after
(~¥ame o[ £eglxtative Body)
disapproval).by the ................................................. on ................... t9 .... Such local law was submitted
to the peopte by reason of a (mandatory)(permissive) referendum, and received ~e affirmative vote of a majority of
the qualified electom voting thereon at the (geneml)(speciat)(annual) election held on .................. 19.--- , in
accordance with the applicable provisions of taw.
4. (Subject to permissive referendum and f'mai adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local taw 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 Legislative Body)
disapproval) by the .................................................. on .................. 19 .... Such local taw was subject to
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 ora county elected on a county-
wide basis or, if there be non~ 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.
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 pursuam to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote o£ a majority of the
qualified electors of such city voting thereon at the (special)(geneml) election held on ................... 19 .... ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed, hereto, designated as local law No .................................... of 19 ......
of the County o£ ................................................... State of New York, having been submitted to the electom
ar the General Election of November ......................19 .... , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and hay/rig 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.
(Ifany other authorized form of final adoption has been followed, please provide an appropriate certification.)
(Seal)
I further certify that t have compared the preceding local law with the original on file N th/s 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.
' ~urtV] legislative ~ ., '.. ge ~4en[ (/
or offic,~: designated by Iocai legislative body
Judith T. Terry, Town Clerk
March 5, 1997
Date:.
(Certification to be executed by County Attorney~ Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW 0~.
~UFFOLK
COUNTY OF
I, ~he undersigned, hereby certify that the foregoing loca~ law contains the correc~ text and that all proper proceedings
have been had or taken for the enactment of the local lav~ annexed hereto.______._ ~
Sigmmre -- 5)
Laury L.Dow~, Town Attorney
Title
Date:
$outhold
March 5, 1997
(2)
ALEXANDER F. TREADWEIL
SeCRETArY Of STATE
STATE Of NEW YORk
DepartmeNT of State
ALBANY, NY 12231'0001
March 11, 1997
JUDITH T. TERRY
TOWN HALL
53095 MAIN ROAD
SOUTHOLD, NY 11971
RE: TOwn of Southold, Local Law 5, 1997, filed 03/07/97
The above referenced material was received and filed by this office as
indicated.. AdditiOnal iocai law filing forms wili be forwarded upon
request.
Sincerely,
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
t~ printed on recycled paper
PUBLIC HEARING
SOUTHOLD TOWN BOARD
March u,, 1997
8:02 P.M.
ON A PROPOSED "LOCAL LAW IN RELATION TO NONCONFORMING LOTS".
Present:
Absent:
Supervisor Jean W. Cochran
Councilman Joseph L. Townsend, Jr.
Councilwoman Ruth D. Oliva
Justice Louisa P. Evans
Cou.~cJtman William D. Moore
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
Councilwoman Alice J. Hussie
SUPERVISOR COCHRAN: Councilman Moore will read the second hearing on
a "Local Law in Relation to Nonconforming Lots".
COUNCILMAN MOORE: "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 20th day of February, 1997, a Local Law entitled, "A Loca~
Law in Relation to Nonconforming Lots". 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 ~th day of March. 1997, at 8:0;2 P.M. at which time
all interested persons will be heard. This proposed "Local law in Relation
to Nonconfo,,,,ing Lots" 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 SouthoJd is hereby
amended as follows:
1. Section 100-244 (Nonc~nfo..ing IoLs) is amended as follows.-
Such lot shall be required to meet the following:
Area Yard
(square L~t Front Side Both Sides Rear
feet) coverage (fe~) (feet) (fe~t) (feet)
200,000 to 5% 6{3 3{3 6{3 100
399.999
120,000tO 10% ~-~6{3 30 60 85
199,999
pg 2 - PH
80, 000 to ! ~% 20% 80. ;~ 2_.~0 ~ 4.._~ ~. 75
119,999
! O-n,.~O ~o ~ 75 30 ~ 8~
,in nnn ~0,000 to 20% ~ 5~ 20 ~ 7,5
40,000 to 20% so 20 ~0 eo
'59,999
20,000 to ' 20% 40 15 ~5 50
39,999
Less than 20% 35 !.5 1__0 25 35
II. This Local Law shall take effect upon filing with the Secretary of
State.
* Strikethrough
Underline represents additions.
Copies of this Local Law are available in the Office of the Town Clerk to
any interested persons during business hours. Judith T. Terry, Southold
Town Clerk." This Local Law relates to non-conforming lots, and lot
coverage, front yard, rear yard, side yard setbacks schedule that was a
bit of a mess, and we have made some attempt to clean it up. If we enact
this Local Law we will clean up that provision of our Code as far as lot
coverage, and front yard, and side yard setbacks. I have an affidavit of
publication in The Suffolk Times, and an affidavit that it was posted on the
Town Bulletin Board, and a letter from the Suffolk County Department of
Planning indicating.that this is a matter of local determination, and a memo
from the Planning Board recommending adoption of this Local Law. That is
it.
SUPERVISOR COCHRAN: You have heard the reading of the law. Is there
anyone that would like to address the Board on this Local Law in Relation
to Nonconforming Lots? Is there any comment? (No response.) Hearing
none, I will close the hearing.
Southold Town Clerk
LEGAL Ni~T~CE'
', .~ NOIIlCE OF PU~B.L.~C. nEARING.ON~QCAL LAW
PLrB LI~ NOTICE ES HEREBY GIYEI¢ that there h~ieen pre~mexLto the Town
Board of the Town of:gouthold, Suffolk Cotmtyl New Yor~. on- the 20th day of
February,. 1997, a Local Law entitled, "A Local _Law in Relation'to Nonconforming
NOTICE 1S FURTHER. GlVEN that the Town Board of the Town o~' Southold
w/Il hold a~ publ/c:heari~g on the aforesaid Local Law aj! the ~Southold Tow~ Hall;
53095 Main Road, Southold, N6w YOrk, on-tl~e ~[th da~ of~afch~ t9~7 at 8:02, P.M.
at:which time alHn!e~sted:persons ~ill be.h6ard. - . :
This pWposed "Loc~al Law in Relation~to NonconformingL0ts' reads as f611ows:
BE IT ENACTED, by the Town"Board~of the Town Of Southold as folloWS:
I. Cha~t~r 100 (Zoning) of the Code of the Town of Sol, hold is hereby ara~lld~
ed as follows:
I. S¢ctiml 'lO0:~4 (Nim~.'o~ffow:iHg lots) is amended as follows:
Il Sucl' Iol qmll he :eq,ircd lo m,:¢t the following:
Area Yard
(square ~ .i Lot 'Front-. Sidle BothSides Rear
~f~e0 · . ~ c~ere~e (f°eO (feet). (feet) (feet)
200.000,th 399,999 - 5~ 60 30' 60' 100
S0]000 to il.9 999 t$~ 20% 60
~.9;~L2C.60,000 to 20% ~eO 55 20 . 45 75
79,999
40:000 to 59,999 20% 50 20 40 60
20,0~0 to 3%999 20% ~'~ 15 ~-~' 50
Less:than 20;000 , 20% - 35 .1-5.10, ' 25 35
j 1LT~i~ I~¢a~'La~h~![~a~ke effec~:~pon filing.wlt~-th~/Secreta?y of State.
* Strikelhroagb represeni's deletion - · :: :
* ~nderline represents additions
Copi~2i, .f Hfi'~ l.ocai I.:m :.re a,,aihd~h..
Dated: I'ehwar? "l). 19o'L
: ' JUDITH T. TERRY
soi~T~oLD TOWN cLERX
STATE OF Nr~W YORK)
) SS:
COUNTY OF SUFFOLK)
aid Co~, being d~y sworn, $ays that he/she
is Principal Clerk of THE S~FOLK TIMES, a
Wcc~y Newspaper, published at Mattituck, in
thc Tow~ of Southold, County of Suffolk and
State of New York, and that thc Notice of which
~c ~ncxcd ~ a p~tcd copy, h~ been ~g~-
ly p~lishcd in said Ncw~papcr onc~ each wcck
Principal Clerk
~.~-~
Sworn to before mc this
day
~-- ~-~ /'~ ~Y PUBUC, STATE OF N~ YORK