HomeMy WebLinkAboutLL-2000 #06 ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE
ADOPTED AT A REGULAR MEETING OF
HELD ON FEBRUARY 1. 2000:
FOLLOWING RESOLUTION WAS
THE $OUTHOLD TOWN BOARD
WHEREAS. there has been presented to the Town Board of the Town of
Southold, Suffolk County, New York, on the 1st day of February 2000 Local
Law, entitled "A Local Law in Relation to Amending Chapter 100. Section 13
entitled "Definitions" of the Code of the Town of Southold"; now, therefore,
be it
· RESOLVED that the Town Board of the Town of Southold hereby sets 5:05
P.M., Tuesday. March 1% 2000, Southold Town Hall,. 53095 Main Road,
Southold, New York as the time and place for a public hearing on this Local
Law, which reads as follows:
LOCAL LAW NO~ OF 2000
A Local Law in Relation to Amending Chapter 100, Section 13, entitled
"Definitions" of the Code of the Town of Southold.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. §100-13 entitled "Definitions" of the Town Code of the Town of Southold is
hereby amended as follOws:
YARD, FRONT - An unoccupied ground area open to the sky between the street
line, or between the street line established by the Official Map of the town or an
approved subdivision plat, and a line drawn parallel thereto. Except, if the owner
of the lot does not Ilave the right to use or travel over a bordedna street, fioht of
way or street line. the side of the lot bordedno that oartioular street, right of way
or street line shall not be considered to be a front yard and any accessorv
structure olaced in such yard shall comolv with the applicable sideyard setbacks
for the zonlnn district within which it is located.
II. Severability. If any section or subsection, paragraph, clause, phrase or
provision of this law shall be judged invalid or held unconstitutional by any court
of competent jurisdiction, any judgment made thereby shall not affect the validity
of this law as a whole or any part thereof other than the part or provision so
adjudged to be invalid or unconstitutional.
III. This Local Law shall take effect immediately upon filing with the Secretary of
State.
*Underline represents addltlens.
Rtrikelhrmlah ran~o~R~ntR delatic~n.~
Southold Town Clerk
February 1. 2000
. Ldcal Law Filit
¥ORK'STATE DEPARTMENT OF STATE
STATE STREET, ALBANY, NY 12231
(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.
(Rtt~ of ...... -S- 9- -u-t- h 9-1--d_ ......................................................................
Town
Local Law No ........ _6_ ........................... of the year 20__-0--0-
A local law ~i-n-~-.R--e.!-a~t~!-~-n~-t-~-~.A--m--e--n--d-?--~.~.C..h--a~p-y~-~9~t~5~]~`~!~ .............
(Invert Title)
"Definitions" of the Code of the Town of Southold.
Be it enacted by the .... A-°-~-Ll--?--q-'a--r--u- ................................................................. of the
(Name of Leglslatlve Body)
6~1~ of ........ _ .S_o. _u_ _t.h. _o_ I .d_ .................................................................... as follows:
Town
I. ~100-13 entitled "Definitions" of the Town Code of the Town of Southold is
hereby amended as follows:
YARD, FRONT - An unoccupied ground area open to the sky between the street
line, or between the street line established by the Official Map of the town or an
approved subdivision plat, and a line drawn parallel thereto. Except, if the owner
of the lot does not have the right to use or travel over a bordering street, right of
way or street line, the side of the lot bordering that particular street, right of way
or street line shall not be considered to be a front yard and any accessory
structure placed in such yard shall comply with the applicable sideyard setbacks
fOr the zoning district within which it is located.
II. Severability. If any section or subsection, paragraph, clause, phrase or
provision of this law shall be judged invalid or held unconstitutional by any court
of competent jurisdiction, any judgment made thereby shall not affect the validity
of this law as a whole or any part thereof other than the part or provision so
adjudged to be invalid or unconstitutional.
III. This Local Law shall take effect immediately upon filing with the Secretary of
State.
(If additional space Is needed, attach pages the same size as this sheet, and number each.)
vos-239 (P~. ~ u99) (1)
(Complete the cet, :ation in the paragraph that applies to ',_~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. __6_ ............................... of 20--0-0---
of the ( _~am~( .~i~own)(~hg~ of _._S_olJ~.ktoJd_ ................................................ was duly passed by the
.___T__o__w__'0__~_o__a_~'_'d___~ ....................... on __M__a__r_c__h___2__8_,__ 20 _0__0_, in accordance with the applicable provisions of law,
(Name of Legislative 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 20 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
............................................... on .................. 20 ---, and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the .................................................. and was deemed duly adopted on .................. 20 ....,
(Elective Chief Executive 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 20 ......
of the (County)(CitY)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 20 ...., and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the ................................................. on ................... 20- .... Such local law was submitted
(Elective 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 ..................2Ct~-- , 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 20 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 20 ...., and was (approved)(not approved)(repassed after
(Name of Leglslative Body)
disapproval) by the .................................................. on .................. 20 .... Such local law was subject to
(Elective Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of .................. 2(L__, 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 bas is Or, If there be none, 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 law~ 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 20 ......
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
qualified electors of such city voting thereon at the (special)(geneml) election held on ................... 20 .... ,
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 20 ......
of the County of .................................................... State of New York, having been submitted to the electors
at the General Election of November ...................... 20 .... , 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.)
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.
Clerk~'~¢ (l~nty legislative l:~od~, City, '~wn or Village ~lerk
or officer designated by local legislative body
Elizabeth A. Neville,-Town Clerk
(Seal) Date: 4/4/00
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
corn, trY oF SUFFOLK
hI,atvh: bUe~d:h~.~;dt, ahk;If~oYr tC~ertiefLtcht~mt tehn~ of~ tr~geOlioLgal lO,awl laa~Cofrect text and that all proper proceedings
Gregory F. Yakaboski, Town Attorney
Title
~it~ of
Town
Date:
Southold
4/4/00
(3)
RECEIVED
APR 2 5 2000
Southhold Town Clerk
STATE OF NEW YORK
DEPARTMENT OF STATE
4 I STATE STREET
ALBANY, NY I ;> ;>.3 I-OOO I
ALEXANDER J~. TREADWELL
SECRETARY OF STATE
April 14, 2000
ELIZABETH A. NEVILLE
TOWN HALL
53095 MAIN ROAD
SOUTHOLD, NY 11971
RE: Town of Southold, Local Law 6, 2000, filed 04/10/2000
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
JGD:ml
WWW. DOS.STATE. NY. US · E-MAIL: IN FO ~l~OS. STATE, NY. US
RECEIVED
ttAY 4 20O0
$outhhoid Town Clerk
DEPAI~TMENT OF PLANNIN~
COUNTY OF SUFFO ,
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
STEPHEN M. JONES, A.I.C.P
DIRECTOR OF PLANNING
April 25, 2000
Ms. Elizabeth Neville, Town Clerk
Town of Southold
53095 Main Road - P.O. Box 1179
Southold, NY 11971
Re:
Amended Zoning Ordinance
(1) Section 100-13
(Local lawNo. 6 of 2000); and
(2) Section 100-13
(Local Law. No. 7 of 2000).
Town of Southold
Dear Ms. Neville:
Pursuant to Sections A 14-21 of the Suffolk County Administrative Code, the Suffolk County
Planning Commission has notified the neighboring town(s) and/or village(s) concerning the above
captioned zoning action(s).
Having received no adverse response, the Commission will take no further action.
Very truly yours,
Stephen M. Jones
Director of Planning
GGN:cc
G:\CCH 0 RNY~.ONIN G~.ONING\WORKIN G~AR~000\S D 13.APR
S/s Gerald G. Newman
Chief Planner
LOCATION
H LEE DENNISON BLDG. - 4TH FLOOR
I O0 VETERANS MEMORIAL HIGHWAY
MAILING ADDRESS
· P. O. BOX 6100 ·
HAUPPAUGE, NY I 1788-0099
(5 I 6) 853-5 190
TELECOPIER (5 I 6) 853-4044
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York
being duly sworn, says that on the !!th day of Febr._._~ry 20§0
she affixed a notice of which the annexed printed notice is a true copy,
in a proper and substantial manner, in a most public place in the Town of
Southold, Suffolk County, New York, to wit: Town Clerk's .Bulletin
Board, Southold Town Hall, 53095 Main Road, SouthOld, New york.
LEGAL NOTICE - NOTICE OF PUBLIC HAERING ON LOCAL
in Relation to Amending Chapter 100, Section 13. entitled "Defini []
of the C~ode of the Town of Southold. - YARD FRONT -' 5:05 p.m.
Tuesday, March lq. 2000.
~Elizabet13 A. NeVille
Southold Town Clerk
Sworn to before me this
11th...day of _~, 200l~.
JN6~ary P~blic '
PUBLIC HEARING
MARCH 14, 2000 '
5:05 P.M.
ON A PROPOSED 'LOCAL LAW IN RELATION TO AMENDING CHAPTER 100,
SECTION 13, ENTITLED 'DEFINITIONS OF THE CODE OF THE TOWN OF SOUTHOLD"
(YARD, FRONT)
Present:
Supervisor Jean W. Cochran
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Councilman Craig A. Richer
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: We move to the next public hearing. This Local Law is in relation
also definitions amending Chapter 100, Section 13 in relation to yard front.
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 1st day of February, 2000, a
Local Law entitled Law in Relation to Amending Chapter 100, Section 13, entitled "Definitions"
of the Code of the "A Local Town of Southold". 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, and hereby sets 5:05 P.M., Tuesday,
March 14, 2000 as the time and place for a public hearing at which time all interested persons
will be heard. This proposed "Local Law in Relation to Amending Chapter 100, Section 13~
entitled "Definitions" of the Code of the Town of Southold" which reads as follows:
A Local Law in Relation to Amending Chapter 100, Section 13, entitled" Definitions" of the
Code of the Town of Southold" which reads as follows:
A Local Law in Relation to Amending Chapter 100, Section 13, entitled "Definitions" of the
Code of the Town of Southold.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. §100-13 entitled Definitions" of the Town Code of the Town of Southold is hereby amended
as follows:
YARD, FRONT An unoccupied ground area open to the sky between the street line, or
between the street line established by the Official Map of the town or an approved subdivision
plat, and a line drawn parallel thereto. Except, if the owner of the lot does not have the right to
use or travel over a bordering street, right of way or street line, the side of the lot bordering that
particular street, fight of way or street line shall not be considered to be a front yard and any
accessory_ structure placed in such yard shall comply with the applicable Sideyard setbacks for
the zoning district within which is located.
II. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law
shall be judged invalid or held unconstitutional by any court of competent jm-isdiction, any
judgment made thereby shall not affect the validity of this law as a whole or any part thereof
other than the part or provision so adjudged to be invalid or unconstitutional.
llI. This Local Law shall take effect immediately upon filing with the Secretary of State.
* Underline represents additions
Strikethrough represents deletions
By order of the Town Board of the Town of Southold, Southold, New York. Dated: February 1,
2000. Elizabeth A. Neville, Southold Town Clerk." I have proof that it was published in the
Suffolk Times, and that it was posted on the Town Clerk's Bulletin Board. There is
correspondence from the Suffolk County Planning Commission. They said basically is of local
determination. There is also a letter from Laura Collins, and she submitted several comments.
She is a member of the ZBA. She made observations about the Law.
SUPERVISOR COCHRAN: You have heard the reading of the public notice in relation to a
def'mition as it relates to, I say, front yards, yard fronts, however? Anyone like to address the
Town Board in relation to this Code change? (No response.) Hopefully it is going to make it
easier on many people. I/not, we will close the hearing.
Southold Town Clerk
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFQL.,K) ,
~.~'-q~C~//k ~- {J~J ~ ~ ~ ~ of Mattituck, in said
county, being duly sworn, says that he/she is
Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Mattituck, in the Town of
Southold, County of Suffolk and State of New York,
and that the Notice of which the annexed is a printed
copy, has been regularly p~blished in said Newspaper
once eaChco_.m,m nWeek for :~ _.l~epks. p~ succes-
sively, on the [ 'day
of ~FC_J~e-cing 200'0.
(/" Principal Clerk
Sworn to before me this ~'-'7/"~'
~ _ jOHN p.~-r-rl
~ FfdT~RY PUBLIC, STA'TE-OT-REW YORK
f) /~ NO. 01BR4732613
COMMISSION EXPIRES MAY 31