No preview available
HomeMy WebLinkAboutLL-1998 #10Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 162 WASHINGTON AVENUE, ALBANY. NY 12231 (Use this focm to file a local law with the S~cretat-y 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. .Mx or ..... _S_.o._u.t_?.[~. ....................................................................... Town Local Law No ................J_9 ................... of the year 19__9.1t_ A local law ._in___R_eJ.a._tj.o.n__t_o__.p.u~Jj.c_._H..e..a..rLn. gs_ ......................................................... Town Board Be it enacted by the of the ~ ~r Southold . Town v~ ....................................................................................... as follows: LOCAL LAW NO. 10 - 1998 BE IT ENACTED, by the Town Board of the 'Town 'of Southold, as l,ollows: Chapter 100 (Zoning} of the Cede of the Town of Southold is hereby amended as follows: Section 100-275 (C) of the Code Of the Town of Southold Is REPEALED. Chapter. 100, Section 275 {C) Notice of Hearing. *Strikethrough represents deletions. (If additional space is needed, attach pages the sam- size as this sheet, and number each.) (R~,. 7~0 (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 certify that the local law annexed he_.reto, designated as local taw No ............... _1_.0_ .................Of 19.9~1t_. of t. Lhe (q~L-~ W~(.~iof){Town)~kt~) of .... _S__o._u_t._h._o.[.c]_._ ....................... ~ ...................... was duly passed by the .... _l..o_w._.n._.Ro__a__r__o_ ......................... on .._J.l.ID__~_.2_21._ 19~-8-, in 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*,) 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 (b'&mt of. Ltgislative Body) disapproval) by the .................................................. and was deemed duly adopted oR ................ 19 ...., (£1ecdve Chief .~=ecutive Officer') 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 (3Iame of Legislative Body) disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted (Elective Chief ~cecutive O~cere} 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 (generalXspecial)(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 f'ded 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 duty passed by the ................................................... on .................. 19----, and was (approved)(not approved)(repassed after fiVam¢ of LegiMative Body) disapproval) by the .................................................. on .................. 19 .... Such local law was subject to ( Electi~'e Chief Executive Offic2r*} permissive referendum and no valid petition requesting such referendum was filed as of .................. t9---- , 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) $. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local taw annexed hereto, designated as local law No .................................... of 19 ...... of the City of ............................................. having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the quMified electors of such city voting thereon at the (special)(general) election held on ................... 19 .... , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the County of ................................................... State of New York, having been submitted to the electors at the General Election of November ...................... 19 .... , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home 'Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, Became operative. (If any other authorized foim of final adoption has been followed, please provide an appropriate certification,) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph ...... 1. .... , above. ~Ya~i~Y,bodT;Wa or Village Clerk Elizabeth A. Neville, Town Clerk ($eaO Date: June 24, 1998 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) s'r^'m oF hew"~{~:= FO LK I, the unde~i~ed, hereby ~fy t~t the foregoing l~al law conta~ the co.em text ~d t~t all proper pmcee~n~ have been had or taken for the enactment of the local~ ~y. Greoory F. Yakaboski. Town Attorney Title ~ of $outhold Town Date: June 24, 1998 (3) ALEXANDER F. TREADWELL SECRETARY Of STATE STATE Of NEW York DePArtmENt OF State ALBANY, NY 12231-0001 July 7, 1998 ELIZABETH A. NEVILLE TOWN HALL 53095 MAIN ROAD SOUTHOLD, NY 11971 RE: Town of Southold, Local Law 10, 1998, filed 06/29/98 The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Janice G. Durfee Bureau of State RecOrds (518) 474-2755 JGD:ml printed on recycled paper PUBLIC HEARING SOUTHOLD TOWN BOARD JUNE 23. 1997 8:10 P.M. ON A PROPOSED "LOCAL LAW IN RELATION TO PUBLIC HEARINGS". Present: Absent: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Councilman William D. Moore Councilman John M. Romanelli Councilman Brian C. Murphy Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski Justice Louisa P. Evans SUPERVISOR COCHRAN: We will go on to number three hearing on a "Local Law in Relation to Public Hearings". 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 9th day of June, 1998, a Local Law entitled, "A Local Law in Relation to Public Hearings". 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 23rd day of June, 1998, at 8:1~) P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Public flearings" which 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: Section 100-275 (C) of the Code of the Town of Southold is REPEALED. Chapter 100, Section 275 (C) Notice of Hearing. C-~--Failure to con, ply with this section shall not affect the validity of any action taken by the Board of Appeals. I1.- 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. pg 2 - PH _. Dated: June 15, 1998. Elizabeth A. Neville, Southold Town Clerk." This was brought to our attention, and we recommended that eliminate it from the Code. I have an affidavit of pubHcatlon in the Traveler-Watchman, and an affidavit that it has been posted on the Town Clerk's Bulletin Board. There is no correspondence. SUPERVISOR COCHRAN: Thank you, Bill. Would anyone like to address theBoard in relation to a Local Law in relation to Public Hearings? Yes, ma~am? DONNA DZUCAS-SMITH: I think I want to thank you for this. I just want to make sure I understand this in laymen's terms. Could you please say it.. COUNCILMAN MOORE: Without all the gobbly-gook? DONNA DZUCAS-SMITH: The section of the Code that was brought to our attention in regard to an oddball clause in the Zoning Code; where the failure of an appllcant..it really isn't the Zoning Board's fault. It's the applicant's fault. Failure to abide by the public notice provisions set elsewhere in the Code wouldn't effect the validity of the Zoning Board's actions. It came to our attention. This would take that oddball clause out. DONNA DZUGAS-SMITH: Thank you. I did hear it right? COUNCILMAN MOORE: You did hear it right. DONNA DZUGAS-SMITH: Thank you very much. SUPERVISOR COCHRAN: Is there anyone else that would like to speak with the Town Board, or ask a question, or whatever? (No response.) If not, I will close the hearing. Elizabeth A. Neville Southold Town Clerk LEGAL'NOTICE' .NOTICE OF PUBLIC · HE:(RING ON~ LOCAL LAW "PUBLIC- NOTI,.C~, IS ~:HEREBY GI~EN tfiai'~here ~.h05 been ' presented to the Town Board otthe To~x,n of $6mhold Suffolk County. New Yorlc on the 9th day of J'urre. 19o~. a Lo- · cai La,:~ entitled. "A Local Law 31in Relalion Io Public:Hear- ~.ings." - . f NOTICE IS'FURtHER :~;GIVEN that the To~xn B,Sard of 5Ate fown of Southold wi bo d a public hearing on the Mbresald Local Law at the Southold Town Hall. 53095 Mant 4,R0ad. 5;outhold. New York,"on the _-'r3rd da3 of June. 1998. al 8:10 P.M.. at vthich time all inter- ~ested persons xv~ll be gF,.en an oppormm~ to De heard.',l - Th is prL~osed ..L~oe ai-:L~,-in Relation to PublJe,Hearings,- v. Mch-reads aa follows: i . BE IT ENACTED, b)~ the Town Board of the To~.~a of SoutholcL ~ follows: 'i" ~ Chapter [O0 {Zonmg~-~of the Code of the To~m ut' Southold ~is hereby amended a> follows: ~ Secti,;n 100-275fC~ of the ~Code of the To~,n of S,_:Ji.lthold ~ REPE.M. ED ; · ~ Chapter I00 Section _-~7,5 ICI 9 Nodee of I-[eadne. 't ' r~ c~},..~ ;~.-..2-...,~. ,;,.~; '~' [I. This'local lin'. shaS1Jake { el'feet upon filing ~Sth the See- retar~ of State. ~- -St:clkethrough representS_ de- S: lefions_ ' : ' ::¥,- ~- Copies o£Lkis Local Lb.W are ~%'available a the Officeiof'the To:~ Clerk to ,.my inrL~rested per~onsdurmg bus mess..h;~tus. Dane&June 15. 1998 ~ : ELIZ.&BETH A NTV[LLE, c;' soo - o .n ER;C !: . . IX:-6/1 ~8~98('.196) COUNTY OFSUFFOLK STATE OF NEWYORK ss: Patricia C_ Lollot, being duly sworn, says that she is the Product]on Coordinator, of the TRAV- ELFR WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for ........................................ /. ............................. weeks successively, commz g, on the ......... day oJ~...'..: ........ ~ ............. ,19.~.~. Sworn to before me t~is ......... ./...& ....... :'day of Notary Public BARBARA A. SCHNEIDER NOTARY PUBUC, State of New York No, 4806846 qualified in Suffolk'Coun~ I Commi~iOn ExpiTo~