HomeMy WebLinkAboutLL-1998 #14Local Lag, Filing
NEW Y~ ffSTATE DEPARTMENT OF STATE
I62WASHIN~'T~)N AVENUF~ ALBANY, NY ]gV~l
(Use this form to file a local law with the ~ecretary of State.)
Text of law should be given as amended. Do not include matter b~ing eliminated and do not use
italics or underlining to indicate new matter.
. oyx or ..... .s--°--u_-t.h--°-La_ ......................................................................
Town
Local Law No .................!~ ................ of the year
open s p a c 9.t__q .a_t. u_ Ea_ J_..r.e_ _s..o..u__r.c..e_ _s_. _a_ .n_d. _bj~ ~p~ iq_ ~l ~_~.~ ~_. mit h i n _ _t h~ _T_o~
of Southold, includi.n._.q the incor_Lqorated villages therein_~ said ~lan
to be known as the "Southold Community Preservation Project Plan".
Be it enacted by the Town Board of the
ot._..S_o_u._t__h.o.!.a_ .................................................................... as follows:
Town
biO. ltl OF 1998
A Local Law adopting the Southold Community Preservation
Project Plan pursuant to ~ 64-e of the New York Town Law, for the
preservation of open space, natural resources and historic places
'within the Town of Southold, including the incorporated villages
therein, said plan to be known as the "Southold Community
Preservation Project Plan".
BE IT ENACTED by the Town Board of the Town of Southold as
follows:
The Southold Town Code is hereby amended by adding a .new
Article to Chapter 6, to be ArtiCle II, Southold Community
Preservation Project Plan, Article II to read as follows:
ARTICLE II
SOUTHOLD COMbfjNITY PRESERVATION PROJECT PLAN
6-41 through 6-44 (reserved)
(If additiOnal space is needed, attach pages the sam,, size as this sheet, and number e~ch.)
oos-,_39 (w,. 7~t) (1)
6-45
LW-GISLATIVE FINDINGS:
The Town of Southold possesses a rich heritage of open space
and scenic ~nd natural resources, and historic places which are
vital to the Town's sense of place and to its economic success as a
community. However, ~he lands which comprise these resources are
rapidly being lost to development, and the Town's special identity
is in danger of being damaged forever. In furtherance of its goal
of preserving the Town's remaining open space, natUral, scenic, and
historic treasures, the Southold Town Board finds it-necessary to
adopt a plan for their conservation. Such plan is specifically
· authorized, under § 64-e of the New York Town Law and will ssrve as
the basis for the e~penditure of any monies from the Southold
Community Preservation Fund including ~hose monies realized under
this ChaDter's two percent (2%) real estate transfer tax, which is
also authorized by Town Law § 64-e and ~/rt~cle 31-D of the New York
Tax Law.
It is the purpose of this Local Law to establish and create
the Southold Community Preservation Project Plan to help guide the
Town's efforts to preserve open spaces, natural, scenic and
historic place~, and to implement the requirements of Town Law §
64-e and Article 31-D of the New York Tax Law.
6-46 through 6-49 (reserved)
~6-50 C(kMMUNITY PRESERVATION PROJECT PLAN ADOPTED:
For the reasons set forth in ~6-45 hereof, the Town Board of
the Town of Southold hereby approves ~and adopts the "Community
Preservation Project Plan" prepared by the Town Planning
Department, the Land Preservation Committee, the Peconic Land Trust
and Central Data Processing and presented to the Town Board on
August 4, 1998 during the work session portion of the Town Board
meeting, said plan being intended to constitute the Southold
Community Preservation Project Plan which is required by § 64-e of
the New York Town Law and Article I of Chapter 6 of the Southold
Town Code.
6-51 through 6-53 (reserved)
6-54 SEVEBABILITY:
If any clause, sentence, paragraph, section, or part of this
Article shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair, or invalidate
the remainder thereof, but shal~ be confined in its operation to
the clause, sentence, paragraph, section, or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
- la -
§ 6-55 EFFECTIVE DATE:
This Local Law shall take effect immediately upon filing with
the Secretary of State as provided by law.
Eliz~oeth A. Neville:
Southold Town Clerk
August 25, 1998
-lb-
(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,)
l hereby certify that the local law annexed hereto, designated as Iocal law No ............. .1._q_ ...................of 19-9--8---
of the ~hl~'~l'JCitx~Cl'own~0eStkvl0~ of Southolcl ................................. was duly passed by the
T ;~- gi;~"~-~-'-r .... - ............................. '
...... _o_'__.n___¢oa o on .__A_.u_g_u_.s_t_._.2.5_ 19.9_.8., in accordance with the applicable provisions of law.
(Name of Zegi~ladve 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 duly passed by the
............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after
(N~m¢ of ~egi~lati*,e Body)
disapproval) by the .................................................. and was deemed duly adopted oa .................. 19 .... ,
(Elective Chltf ~a~cuti~ Offt~er*)
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)(uot approved)(repassed after
(Name of £egislatlve Body)
disapproval) by the ................................................. on .................... 19 ..... Suck local law was submitted
(Electi,~ CJ~ief 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)(specialXannual) election held on .................. 19---- , in
accordance with the applicable provisions of law.
4. (Subject to pemissive 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 duty passed by the
................................................... on .................. 19----, and was (approved)(not approved)(repassed after
[:%'ame of LegiMative Bo~v)
disapproval) by the .................................................. on .................. 19 .... Such local law was subject to
{Elective Chief Executive Offictr*)
permissive referendum and no valid petition requesting such referendum was tided 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 ora town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
5. ~Clty 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 (36X37) of the Municipal Home Rule Law, and having received the affirrnatiee vote of a majority of the
qualified electors of such city ~roting thereon at the (special)(genemt) 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 affimaative 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 author'~ed farm of final adoption has been followed, please provide an appropriate certification.)
(SeaO
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_ ..... J_ .... , above.
Clerk of tl~e'f~oullty leg/dative body, C~ty, ~l~wn or V'fllag Cl~rk
or officer ~/s/gnated by local legislative bo~t
Elizabeth A. Neville, Town Clerk
Date: AuclUSt 2*/. 1998
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, ViLlage Attorney or
other authorized attorney of locality.)
STATa OV I'~W ~:: FO LK
CO lJ'l',r 1'~ OF
I, the undersigned, hereby certify that the foregoing local law~q,contains the correct text and that all proper proceedings
have been had or taken f~r the enactment of the local law~
Gregory F. Y~boski, Town Attorney
Title
Date:
Southold
Auqust 27, 1998
(3)
ALEXANDER F. TREADWELL
SECRETARY OF STATE
STATE Of New YORK
DEPARTMENT OF STATE
ALBANY, NY 12231-0001
ELIZABETH A. NEVILLE
TOWN HALL
53095 MAIN ROAD
SOUTHOLD, NY 11971
September 10, 1998
RE: Town of Southold, Local Law 14, 1998, filed 08/28/98
The above referenced material was received and filed by this office as indicated.
law filing forms will be forwarded upon request.
Additional local
Sincerely,
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
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COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Patricia C. Lollot, being duly sworn, says that
she is the Production Coordinator, of the TRAV-
ELER 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, commenc. Ling on the .... ../...~.... ........
day of ....~. ............ ~.~,19...~..~
Sworn to before me this ........ ../...fi... .......... ;'day of
............................... .............
Notary Public '
BARBARA A. SCHNEIDER
#OTARY PUBUC, State of New York
No. 4806846
Qualified in Sut~olkCou_n~Y L
Commission Expires ~/3//~
To¢,',~ of So~rthold
TVCCA
L~Fo~id TZ
PerSal~ : 1~
Free Cash Gran~
%HE D&~. sUrqD-~Y. ~UOCr~T2~Z998 :
309 Boston Post
Old SaybroolG CT
80~-465-6610
Open Sundays 1pm
NOTICE OF ADOPTII:
TAKE NOTICE that af
public hearing was held by the
Town Board of the Town:of
Southold on August 18, 1998,
the Town Board at their ~t-
ing of AugUst 25, 1998 h~reby
~dopted a local law as follOWs:
' A LOCAL LAW IMPOSING
ATWO IqiRCliN 1'(2%)RI':..\I,
ESTA'I'I( '1'1~ .X.,XSI:I,I~ '1'..% X (')N
THE CONVEYANCE OF IN-
TERESTS IN REAL PKOP-
EPcTY IN THE TOWN, OF
~EO'UTHOLD, INCLUDING
INCORi~OKATED VIE-
] ,\( il{S I'J II/REIN. WI'YH TI-IE
RI':V kNI II",S I)I:RI\/[~I)FROM
TI-US TAX TO BE DEPOS-
ITED IN THE SOUTHOLD
CO,M3,{I.TNITY PRESERVA-
I'ION FUN[) I~OR Till-', PUR-
P()SI~ O1" I~RI",SI',RVING
OP[.;.N SPACI': AND HIS-
'I'ORIC PI .AC[:S Wrl I IINTFtF.
TOWN" amending Ihe Code of
the Town of Southold by add-
ing a new Article IV to Chapter
6 (Community Preservation
Fund) ilnposing a 2% real estate
transfi:r tax on Ibc conveyance
ofinlerests it] real property in the
town, wilh the revere]cs there-
from to be d~o.~iled'in the Town
ol'Sot]lhold Communit) Preser-
vation Fund for thc purpose of
p~eServing 'agriculttlral lands,
open space, significanl natural
al'cas, and hisloric places wilhin
thc Iown"
This Local Law shall take ef-
fect on Match i, 1999, after ap-
vroval at the general election to
:be held onNovember 3,-1998by
the affkmaflVe vote of a major-
ity of the qualified electors of the
Town of S0uthold-and filing
with the Secretary-of State; and
provided fmqtter that the real
estate transfer tax imposed by
'dais Article shall expire and be
deemed repealed as to any con-
veyance taking place after De-
cember 31, 2010:
Copies of the local law, Spon-
sored by Supervisor 'Jean W.
Cochran, Councilman William
D. Moore, tlrian'C. Murpl~y,
Councilwoman Alice J. Hussie,
-and John M. Romanelli, are on
file in the Town Clerk's office,
Monday through Friday, from
8:00 AiM. to 4:00 P.M.
BY ORDER OF THE
' TOWN BOARD
TOWN OF SOUTHOLD,
NEW YORK
ELIZABETH A. NEVILLE,
TOWN CLERK
tX-9/3/98(281)
CObrql-Y OF SUFFOLK
STATE OF NEW YORK
SS:
Patricia C. Lollot, being duly sworn, says that
she is the Production Coordinator. of the TRAV-
EL ER WATCHMAN, a public newspaper printed
at Sou]hold, 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
~uccessively, commencing on the ..... ~ ...........
day of ':-::9 ~~.'.'-~. .... 19I~
Sworn to before me this ........ :.?. .............. day of
............................... ....................
......... Z
Notary Public
~RBARA k gCHNEI.D~
NOTARY ~BU~ Sram of New
N0. ~0~
~ualif~ in Surfak ~//
PUBLIC HEARING
SOUTHOLD TOWN BOARD
AUGUST 18, 1997
8:15 P.M.
ON A PROPOSED "LOCAL LAW IN RELATION TO CREATING AND
ESTABLISHING A PROJECT PLAN FOR THE PRESERVATION OF OPEN
SPACE WITH THE TOWN OF SOUTHOLD.~ (TO BE KNOWN AS THE
"SOUTHOLD COMMUNITY PRESERVATION FUND")."
Present:
Absent:
Supervisor Jean W. Cochran
Councilwoman Alice 'J.' Hussie
Councilman John M. Romanelli
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
Justice Louisa P. Evans
Councilman William D. Moore
SUPERVISOR COCHRAN: The next hearing is a hearing on implementing
the Community Preservation Plan Project, and will be read by Mr. Murphy.
COUNCILMAN MURPHY: "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 U~th day of August, 1998, a Local Law entitled, "A Local
Law Relation to Creat'mg and Establishing- .a Project Plan for the
preservation of open space within the Town of Southold (to be known as
the "Southold Community Preservation Fund") of the Southold Town Code.
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 18th day of August,
1998. at 8:15 P.M., as the time and place for a public hearing on this
Local Law, which reads as follows:
A Local Law adopting the Southold Community Preservation
Project Plan pursuant to § 64-e of the New York Town Law, for the
preservation of open space, natural resources and historic places
within the Town of Southold, including the incorporated villages
therein, said plan to be known as the "Southold Commtlnity
Preservation Project Plan".
pg 3 - PH
6-51 through 6-53 (reserved)
6-54 SEVERABILI TY:
If any clause, sentence, paragraph, section, or part of this
Article shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair, or invalidate
the remainder thereof, but shall be confined in its operation to
the clause, sentence, p~ragraph, section, or part thereof~directly
involved in the controversy in which such judgment shall have been
rendered.
6-55 EFFECTIVE DATE:
Local .Law ,shall take effect upon filing with the Secretary of State.
Law are available in the Office of the Town Clerk to
during regular business hours. Elizabeth A. Neyille.
I have notice that it was published in, the papers.
and that the Town Clerk's Bulletin Board. There is no
file on this.
:HRAN: WOuld anyone like to address the Board on this'
Yes, Mrs. Wacker?
ROI
and
wa
if
go,
Longi
drew
yOU
a
pari
mai
as
My name is Ronnie Wacker. i am from Cutchogue,~
also, of the Save Open Space Now Committee, and I
the topic of community preservation plan. I would like to
we have talked ominously about losing the farms,
the North Fork. Well, push has come to shove, and
we can forget about it. Last December Suffolk
us we had about fourteen years before the North Fork
ut. Fourteen years, you know how fast fourteen years
go from diapers into blue jeans. The rest of
ip malls and suburban sprawls, we would lose what
in the first place, the clean air, the clean waters, the
and marshes. The farms that account for at least only
North Fork economy will be gone; and so will our
industry be gone. I don't know if any of
today. There was a letter in it that was most
Let me read just a couple of paragraphs from it. Robert
back stated the importance of open space in Eastern
he said, aren't coming to see the Hauppauge Industrial
far more than the tourists are the thOUsands of us
and Nassau, like my wife and Ii who head east on
We go for relief from the unbroken vista of hous s.,
lc, ahd noise. An average Saturday we will s~pend
s, shops, and gas statmns. When Eastern Suffolk
rest of Long Island, why bothe~l to go anymore... If
reasons, that is a good one. There are ~thers just
! return from one of these day tr~ps I feel renewed,
refreshed. It Is time for those of us who feel t.h!s
heard. The t~me ,~s passed when property ownersh,p
pg 5 - PH
that the voting public is likely to have a better appreciation for what they
are being asked to give their ballot response to in November. Speaking
personally, the level of community involvement in the creation of this plan,
from every part of the town, including our Fishers Island neighbors,
served to reinforce my beliefs in the merits and needs for this Plan. Our
residents and taxpayers are committed for every effort at preserving our
natural resource values and quality of life. This Plan, when implemented,
will go a long way in the next decade in maintaining and preserving what
we now have and enjoy. YoUr approval of the plan is strongly encouraged.
Thank you.
SUPERVISOR COCHRAN: Thank you, Mr. Ryan. Ruth Oliva?
RUTH OLIVA: Ruth Oliva, Orient. As Jean knows this is something that
has been ten years in the making. A long time, we really wanted something
like this. I think I would like to thank the-Legislature, and Governor, for
signing the bills appropriate so that we could bring it before the public
for a referendum in November. I have always said we are a unique piece of
New York State and of the whole country, as far as farming is concerned
especially. We have some of the best soils in the country, and some of the
best weather, so it behooves us to try to save this property, just for
farming, for agriculture. I think it is important for everybody to have it.
Not only that we have some environmentally sensitive, sensitive pieces that
must be saved. They must be saved, not to just look at them, but for our
fishermen, for our baymen, and what have you. It is just so important. I
Would just urge everybody in town to vote for this proposal in November. I
know there are a lot of referendums on the ballot, that you are going to be
asked to vote for, but this is just so important to us, as Mr. Huntington
said, as one of our tools to preserve our precious land. Thank you.
SUPERVISOR COCHRAN: Thank you, Ruth. I will close this part of the
hearing. We still have one more section to go through and that is the
hearing on imposing the 2% real estate transfer tax.
Southold Town Clerk