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HomeMy WebLinkAboutLL #12 2014 ) STATE OF NEW YORK DEPARTMENT OF STATE - - ONE COMMERCE PLAZA ANDREW M. CUOMO 99 WASHINGTON AVENUE CESAR A. PERALES ', GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE December 18, 2.014 Lynda M Rudder RECEIVED Deputy Town Clerk Town Hall, 53095 Main Road DEC 2 3 2014 PO Box 1179 Southold NY-11971 Southold Town Clerk RE: Town of Southold, Local Law 12 2014, filed on December 18 2014 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www..dos.ny.gov. Sincerely, State Records and Law Bureau (518) 473-2492 WWW.DOS.NY.GOV E-MAIL:INFO@DOS.NY.GOV 0'. SOUTHOLD MPO E } or 5 SOUTHOLD, New York 119711000 c 9" '-0 'Y o ' 3548330971-0098 2 - ��m � ° I 12/16/2014 (800)275-8777 04:43:36 PM L om m m, a m@moDH+0 L m❑ J - ° m . n ¢'$m;� ro �° m a� �� W I Sales Receipt .n a a E. .2 r.s Wj Product Sale Unit Final o. ` W W W. LLEm m .D. °i� c c c C4 + ' Description Qty Price Price a , �.- D o — LU ❑ ❑ ❑ ❑ o ❑ ;QEt��g ALBANY NY 12231 Zone-2p $19.99 .• a_D.s a I « ° L ° _o( Priority Mail Express 1-Day z ` °' °�} "' "' Flat Rate Env m m m o � c o o' N E E 'E Z ,❑ i V C Zj FI F o , m aai a c :� •; 2.60 oz. Q o ZZ cc_ � V w�N J o! USPS Tracking #: W _ • m m m m ° "g x 0 c } '°s[NOr ' ' Schedu l edSOUS Delivery Day: Wed W z z m mN ZZ (Ai a ,r _; 12/17/14 12:OOPM - Money Back > a• m� a Z oo �a ❑ o a LL; Guarantee �_ . _.__._i Includes $100 insurance IF Signature Waived LL m Paid by account: $19.99 ocr. LL LLw USPS Corporate 119294 _ O Account number: t --TOWN OF SOUTHOLD m m m m U 8lip, Issue Postage: $0.00 a n U = .... --------Cl ❑ m ® m ❑ ❑ = 3 3 >- $0.00 � m ° E 0 O G n Z Total : m ❑� � ..,.O Om L � � !� =a pm _ Paid by: ` a ov v ^ -o ;C m Save this receipt as evidence of ►� �— m a €o o O insurance. For information on filing _ an insurance claim go to • m r T Q uspa.bm/ship/f-ile-domestic-claims.htm a— o o ❑ a a`1 <` a m - _�_�_ Order stamps at usps.com/shop or call 1-800-Stamp24. Go to usps.com/clicknship to print shipping labels with postage. For' other information call 1-800-ASK-USPS. 1.L..I..J.i.LJ.J...4.Y L i..Yi.L.Y_•Lid.J•_yJ.Ic•L.1..J...L.J..L_i_J..L.Y_.4 J.d ®4%13FFI(��® ELIZABETH A. NEVILLE,MMC �$m �� Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 CA Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® ® Fax(631)765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER ��� ��® Telephone FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov 765-1800 www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD �.. EI1, 50974550US December 16, 2014 Express Mail RE: Local Law No. 12 of 2014 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State-Department of State - - -- State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 12 of 2014 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, dq'kV\- Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney Rudder, Lynda From: Rudder, Lynda Sent: Monday, December 15, 2014 10:24 AM To: ersupp@generalcode.com Subject: LL#12 2014.docx Attachments: LL#12 2014.docx 1 NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing 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. ❑ County ❑ City 2 Town of SOUTHOLD ❑ Village Local Law No. 12 of the year 2014 . A Local Law entitled, A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances Be it enacted the Town Board of the: ❑ County ❑ City CEJ Town of SOUTHOLD ❑ Village I. Purpose. _ The Town Board of the Town of Southold has determined that variances which are not acted upon within a reasonable time may become stale and incompatible with the surrounding community due to changed conditions. Therefore, the Town Board, upon the recommendation of the Board of Appeals, in order to protect the health, safety and welfare of the community, requires that variances have a limited duration of three (3) years, with the possibility of three (3) consecutive one (1) year extensions at the discretion of the Board of Appeals. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-146. Powers and duties. B. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. Effective as of January 1, 2015, any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk, within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-239(Rev.05l05) 1 III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 2 . (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. 12 of 20 14 of the (Town)(V44ap) of SOUTHOLD was duly passed by the TOWN BOARD on December 2 , 20 14 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval,no disapproval or re-passage 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)(re-passed after disapproval) by the and was deemed duly adopted on 20 , 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 disapproval) by the on 20 . Such local law was submitted to the people by reason of a(mandatoiy)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , 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 disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , 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 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. 3 . . ,,. 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 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)(general)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 cities 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 there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Clerk of County legislative body. City. Town or (Seal) Village Clerk or officer designated by local legislative body Elizabeth A. Neville,Town Clerk Date: December 15,2014 (Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I,the undersigned, hereby certify that the foregoing local law contains t correct text an hat all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Martin D.Finnegan,Town Attorney Stephen F.Kiely,Assistant Town Attorney Title Town of SOUTHOLD Date: December 15,2014 4 Southold Town Board - Letter Board Meeting of December 2, 2014 RESOLUTION 2014-923 Item# 5.6 `Q1a ADOPTED DOC ID: 10251 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-923 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 2, 2014: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21St day of October, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law on the 18th day of November, 2014, at 4:32 p.m. at which time all interested persons were given an opportunity to be heard, now there for be it. RESOLVED that the Town Board of the Town of Southold hereby ENACT the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoninji, in connection with Time Limits on Variances" reads as follows: LOCAL LAW NO.1 a 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has determined that variances.which are not acted upon within a reasonable time may become stale and incompatible with the surrounding community due to changed conditions. Therefore, the Town Board, upon the recommendation of the Board of Appeals, in order to protect the health, safety and welfare of the community, requires that variances have a limited duration of three (3) years, with the possibility of three(3) consecutive one (1) year extensions at the discretion of the Board of Appeals. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-146. Powers and duties. B. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and Generated December 3, 2014 Page 7 Southold Town Board - Letter Board Meeting of December 2, 2014 substantial justice done. Effective as of January 1, 2015, any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk, within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 11 MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Ruland, Doherty, Evans, Russell NAYS: James Dinizio Jr Generated December 3, 2014 Page 8 North Fork Environmental Council 12700 Main Road t 799 ®rUh Fork �� Ma Box� Mattituck, 141Y 11952 [Env�ranmefi p C ounc H Phone: 631.298.8880 Fax: 631.298.4649 6 o web: www.NFECl.org 22 November 2014 RECEIVED Attn: Supervisor Scott Russell NOV 2 5 2014 Southold Town Board Southold Town Hall PO Box 1179 Southold Town Clerk Southold, NY 11971 RE: A Local Law in Relation to Time Limit on Variances I appreciate the Town looking at this important issue which serves to protects everybody's property rights, making it a level playing field for all in order to protect the character of our communities. I ask the Board to consider the following: The purpose of the time limit on variances in many other localities is to ensure that the code and other information on which the approved variance is based are still pertinent and the variance fair with respect to both immediate neighbors and the community as a whole. I come from a family where each generation on each side of the family ran a family-owned and operated business. The heart of most of those operations was the property on which the business was either based or was critical to the nature of the business. So I understand and support the need to respect property rights. But I also know that real estate is an investment and like other investments is subject to the ups and downs of the market, the state of the economy and other variables, such as zoning and other Town codes. And we also know that property owners, especially commercial property owners, understand this concept. Properties are often bought, held and sold on spec. Commercial and residential buildings are often built on spec. There are no guarantees. Rights, yes. Guarantees, no. So let's take a look at a property owner who is approved for a variance for setback purposes, whether it be from a wetlands border or from an adjoining property in July 2015. Under the proposed code change, they would be guaranteed that variance through the end of June 2018, and have the right to apply for an one-year extension in each of the next three years. Now let's say that the Town were to enact a change in the building code and impose a greater set back limit in order to create more open, permeable space for rain water recharge and to, in effect, also reduce the size of home on nonconforming lots in order to address emerging septic issues. So, what's the Town to do? Page 2 It's my position that the property owner should enjoy the same three-year period of protection. So if the code change took plan on January 2016, then the original variance approval should remain in effect until the noted date of June 2018. But if the building has not started, the property owner must apply for an extension and the Town must look at the variance and see if it still is reasonable in light of the code change. The delay in building for whatever reason —lack of funds, family issues, etc. —is not the fault of the Town and the Town has no reason to provide relief or grant an automatic extension based on the old rules or the personal or financial issues of the property owner. If the extension were to be granted automatically, the Town would then be providing the property owner a benefit in the form of being able to build a home current code would not permit. That also makes that property more valuable than other vacant properties. So if the owner were granted automatic extensions year after year after year, the property owner could use the system to sell the property at a higher value given that he/she has a variance that permits the building of structure no longer allowed by code. So in this case, the automatic extension is not protecting property rights, it's permitting a property owner to gain a financial benefit to which others do not have access. That is not what the Town should be in the position of doing. (Note: You could argue that upon sale of the property to someone else, the approved variance should end and the new property owner should have to re-apply. However, that doesn't exclude the original property owner from coming to an agreement to build the home under the variance and then sell it to the other party upon receipt of the C of O. Either way, the original property owner is getting a potential financial benefit no one else can get and, again, that should not be the purpose of the extensions. The Town must ensure fairness and rights but not excessive and exclusive financial gain.) So I come back to asking the Town to include language in the revise code so that the extensions are not automatically granted upon a timely submission but are reviewed and either denied or approved based on current code and other community considerations. I hope that you'll further consider and discuss this matter before finalizing the code. Sincerely, William Toedter president, NFEC '�YUFFUCA' RESOLUTION 2014-851 ADOPTED DOC ID: 10187 da THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-851 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21, 2014: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 215L day of October, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 18`h day of November, 2014, at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has determined that variances which are not acted upon within a reasonable time may become stale and incompatible with the surrounding community due to changed conditions. Therefore, the Town Board, upon the recommendation of the Board of Appeals, in order to protect the health, safety and welfare of the community, requires that variances have a limited duration of three (3) years, with the possibility of three (3) consecutive one (1) year extensions at the discretion of the Board of Appeals. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-146. Powers and duties. B. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. Effective as of January 1, 2015, any variance granted by Resolution 2014-851 Board Meeting of October 21, 2014 the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured and/or a subdivision map has not been filed with the Suffolk County Clerk within three (3) years from the date such variance was granted unless the Board of Appeals upon written request prior to the date of expiration grants an extension not to exceed three (3) consecutive one (1) year terms. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Updated: 10/27/2014 10:42 AM by Lynda Rudder Page 2 ,UFFO(,�co RESOLUTION 2014-923 ®a ADOPTED DOC ID: 10251 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-923 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 2, 2014: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 21 st day of October, 2014, a Local Law entitled"A Local Law in relation to Amendments to Chapter 280, Zoning,in connection with Time Limits on Variances" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law on the 18th day of November,2014, at 4:32 p.m. at which time all interested persons were given an opportunity to be heard,now there for be it. RESOLVED that the Town Board of the Town of Southold hereby ENACT the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances"reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has determined that variances which are not acted upon within a reasonable time may become stale and incompatible with the surrounding community due to changed conditions. Therefore,the Town Board, upon the recommendation of the Board of Appeals, in order to protect the health, safety and welfare of the community, requires that variances have a limited duration of three(3) years, with the possibility of three(3) consecutive one(1) year extensions at the discretion of the Board of Appeals. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-146. Powers and duties. B. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations,the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed,public safety and welfare secured and substantial justice done. Effective as of January 1 2015, any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured and/or a subdivision map has not been filed with the Suffolk County Clerk within three(3) years from the date such variance Resolution 2014-923 Board Meeting of December 2, 2014 was granted The Board of Appeals may,upon written request prior to the date of expiration grant an extension not to exceed three(3) consecutive one(1) year terms. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [5 TO 11 MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Ruland, Doherty, Evans, Russell NAYS: James Dinizio Jr Updated: 12/2/2014 11:34 AM by Lynda Rudder Page 2 ®�oguFF IL,(40® ELIZABETH A.NEVILLE,MMC Gy Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 CO2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p Fax(631)765-6145 MARRIAGE OFFICER -*A Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®` '�► www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 9, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold-''EN C D the proposed Local Law listed below on December 25 2014 at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with`vTime=''Iiriii-fs'=on V�,�`'a r-tames• Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A.Neville Southold Town Clerk Attachments cc: '`7sg ' rrr r x�rrr uiiririx�nr�; � _�T)._.,.«L.,...L1 Email{�awn Jrol ing ept �uthelfl- Signature, Received by Date Please print name Title ELIZABETH A.NEVILLE,MMC ��� r/y Town Hall;'�3095n�Ria � TOWN CLERK P.o��VZ ZO 79 COD Southold,`i�e 11297A1112: 2 7 REGISTRAR OF VITAL STATISTICS p • Fax(631)765-6145 MARRIAGE OFFICER 'f'� ®`' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 9, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Law listed below on December 2, 2014 at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA illage of Gree po gnature, Receive Dat \mid&4 lease print name Title o�OgOFFO(�►�o ELIZABETH A.NEVILLE,MMC ti� l/,y Town Hall,53095 Main Road TOWN CLERK 0 P.O.Box 1179 ce Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p Fax(631)765-6145 MARRIAGE OFFICER �� ��' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICERof y "�►►� wwwsoutholdtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 9,2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Law listed below on December 2,2014 at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280,Zoning,in connection with Time Limits on Variances Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A.Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Vi age of eenport . Signature, Received y v Date Please print name Title RECEIVED JAN 9 2015 Southold Town Clerk 01/12/2015 19:28 6312835606 SOUTHAMPTON TOWN CLK PAGE 01/01 ELIZABETH A.NEVILLE,MXCs �O 'Ibwn Hall,6$095 Main Road ROJBax 1179 TOWN CLEF Southold,kew York 11971 REGISTRAR OF VITAL STATISTICS , Fax(031)765-6145 MARRIAGE OFFICER Telephone(631)7635-1800 RECORDS MANAGEMENT OFFICRIt '�►� www.Eioutholcltownnv.gov ' FREEDOM OF FORMATION OFFICER OFFICE OF'1 HU TOWN CLERK ` TOWN OF SOUTHOLD January 9, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED toe proposed Local'Law. listed below on December 2.2014 at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Low in relation to Amendments to Chapter 280,Zoning,in connection witli Time Limits on Variances Please sign the duplicate of this letter and return to me at your earliest convenience in th6 self-addressed envelope, Thank you, ; Elizabeth A, Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Cornmissioa,, Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA ; Village of Greenport. A. ., //2 1 , Signature, Received by Date S)4v. A To-,* Please print ,ame "Title ' t RECEIVED JAN 13 2015 Southold Town Clerk ELIZABETH A.NEVILLE,MMC ��► �/� Town Hall, 53095 Main Road TOWN CLERK ® P.O.Box 1179 C1065 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 4W Fax(631)765-6145 MARRIAGE OFFICER ®� ��®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 24, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below on December 16, 2014 at 4:32 pm, at the Southold Town Hall, 53095 Main Road, Southold, NY: A Local Law in relation to Amendments to Chapter 240, Subdivision of Land, and Chapter 280, Zoning in connection with a Tree Fund Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Southold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Trustees -Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department n ► C'a )Xfi-0 A .4 -o' Date: 1AK116 Signature Receive B Title: Pr�, Please print name 00 DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK oc,p�® ELIZABETH A. NEVILLE,MMC Town Hall, 53095 Main Road TOWN CLERK P.O.Box 1179 cm C.* Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 5 Fax(631)765-6145 MARRIAGE OFFICER ®� ����` Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 9, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Law listed below on December 2, 2014 at the Southold Town Hall, 53095 Main Road, Southold, NY: A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Southold Town Clerk Attachments , cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees ,lar�.11 ssoss' Southold ZBA Village of Greenport �- 1A A��' Signature, Received by Date AW—, b Please print name Title i FOL ELIZABETH A.NEMLE,MMC ��1+ Town lull,68096 Main Road TOWN CLERKP.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 10 Fax(631)766.6146 MARRIAGE OFFICER � Telephone(631)766.1800 RECORDS MANAGEMENT OFFICER .� � '� wwwsoutholdtownnypv FREEDOM OF INFORMATION OFF XCER OFFICE OF TM TOWN CLERK TOWN Ole'SOUTHOLD January 9,2015 PLEASE TAKE NO'T'ICE'that the Town Board of the Town of Southold-ENACTED the proposed Local Law listed below on December 2,201A at the Southold Town Hall, 53095 Main Road, Southold,NY; A Local Law in relation to Amendments to Chapter 280,Zoning,in connection with Time Limits on Variances Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A.Neville Southold Town Clerk Attachments cc; Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA V i loge of r enport ig ture, Recely4d by Dat LasI/- /�/ O G e r 4- print name Title RECEIVED JAN 12 2015 Southold Town Clerk ®�®gUFFO(/r�,� ELIZABETH A.NEVILLE,MMC y� �y Town Hall,53095 Main Road TOWN CLERKC P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p • Fax(631)765-6145 MARRIAGE OFFICER y� RECORDS MANAGEMENT OFFICER �1 .��® Telephone FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov 765-1800 www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 9, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Law listed below on December 2, 2014 at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Gre npoA Signature, Receive'd by Date Please print name Titl 01/09/2015 11:25 6317493436 S I TOWN CLERK PAGE 01 i i ELIZABETH A.NEVI=,MMC Town Hall,53096 Main Road TOWN CL'E1ft,K P.O.Box 1.179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ► Fax(631)786-6145 MARRIAGE OFFICER ' O �Q�' Telephone(631)765.1800 RECORDS MANAGEMENT OFFICER www.southQldtownny.gov FREMOM OF INFORMATION OFFICER i OFFICE OF THE TOWN CLERK � TOWN OF SOUTHOLD January 9,2015 PLEASE'CAKE NOTICE that the"town Board of the Town of Southold ENACTED the proposed Loc l Law listed below on December 2,2014 at the Southold Town Nall, 53095 Main Road, Southold,'N'Y: A Local Law in relation to Amendments to Chapter 280,Zoning,in connection with Time Limits o� Variances Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A.Neville Southold Town Clerk I I Attachments cc: Suffolk County Dept of PlanningLong Island State Park Commission l~.'mail: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport Signature,Rec ived by pate Please print game Title i RECEIVED JAN 9 2015 I Southold Town Clerk i IVg�FFO(�-caG ELIZABETH A. NEVILLE, MC �� Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 C.0 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 0 ® .� Fax(631)765-6145 MARRIAGE OFFICER ®� �y� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 9, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Law listed below on December 2, 2014 at the Southold Town Hall, 53095 Main Road, Southold, NY: A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead To of Shelter Island Town of Southampton Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenpo Signature, Received by Date 2<-z Please print name Title ELIZABETH A.NEVILLE,MMC ��� �/y Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 rn _ Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ��.� �►a www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 17, 201:4 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Law listed below on December 16, 2014 at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 240, Subdivision of Land, and Chapter 280, Zoning in connection with a Tree Fund Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept 4- i Southold Assessors Southold ZBA Village of Greenport Fj'-'k0jA �cM� ///,5-/A rign-aAre, Received by Date Can 6 ClOrk- —Jwf,5�- Pie print name Title i t _ SUFFD(,q-�o ELIZABETH A.NEVILLE,MMC ��O G� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 C= �e Southold,New York 11971 REGISTRAR OF VITAL STATISTICS .� Fax(631)765-6145 MARRIAGE OFFICEROg ���� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 9, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Law listed below on December 2, 2014 at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors MW Village of Greenport Signature, Received by Date Please print name Title SOUTHOLD TOWN BOARD PUBLIC HEARING November 18, 2014 4:32 PM Present: Supervisor Scott Russell Town Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 5:16 PM COUNCILMAN GHOSIO: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21 sc day of October, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 18rn day of November,2014, at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has determined that variances which are not acted upon within a reasonable time may become stale and incompatible with the surrounding community due to changed conditions. Therefore, the Town Board, upon the recommendation of the Board of Appeals, in order to protect the health, safety and Amendments to Chapter 280, Time Limits on Variances 2 November 18, 2014 welfare of the community, requires that variances have a limited duration of three (3) years, with the possibility of three (3) consecutive one (1) year extensions at the discretion of the Board of Appeals. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-146. Powers and duties. B. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. Effective as of January 1, 2015, any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk, within three (3) years from the date such variance was granted, unless the Board of Appeals, upon written request prior to the date of expiration, grants an extension not to exceed three (3) consecutive one (1) year terms. M. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I do have a signed affidavit that this has been posted on the Town Clerk's bulletin board. Also in the Suffolk Times. I do have a memorandum from the Planning Board with comments and that the Planning Board supports the proposed amendments. I also have one from mark Terry, the principal planner, concerning the SEQRA review and that it has been reviewed to chapter 130, Quality Review of the Southold Town code and it has been proposed as a Type II action and therefore is not subject to SEQRA review. I also have a comment here from the Local Waterfront Revitalization Program, that has concluded that this is exempt from LWRP. With that, I also have a letter here from the Suffolk County Department of Economic Development Planning that a decision of local determination, I am sorry, the Planning Commission has considered this to be a matter of local determination as there is no significant countywide or inter-community impacts. And that is it. SUPERVISOR RUSSELL: I am going to open to the floor, there is just one thing I want to mention to the Board, in reference to Bill Toedter's concerns, is the section here that says `Three years from the date of such variance is granted unless the Board of Appeals, upon written request prior to the date of expiration' I would submit that we add `upon date of their expiration and Amendments to Chapter 280, Time Limits on Variances 3 November 18, 2014 upon showing good cause' that would at least, I think indicate what the intent is there and that would provide some discretion to the ZBA. COUNCILMAN DINIZIO: I would disagree with that. I think that that would require another hearing quite honestly. I think we were trying to avoid that and leave some discretion up to the Board. We are going to start asking them to present evidence you know, each time they want an extension, you know, my own personal feeling is the public should be noticed and the public should have a say in you know, whatever the new evidence is. That's why I would respectfully disagree. TOWN ATTORNEY FINNEGAN: I think the discretion is implicit in the language unless they grant it and that is what was intended and during discussions was that ZBA, I mean, Leslie correct me if I am wrong but it was that the ZBA would have the discretion to grant or deny an extension. LESLIE WEISMAN: Leslie Weisman, Chairperson Zoning Board of Appeals. Yes, in discussion in code committee, we did originally have that term included for good cause but it was fairly ambiguous to what good cause might be and we were attempting essentially to remove language that suggested vagueness. We did the same thing with substantial construction versus a CO, a CO is black and white. Either you have it or you don't. So in that regard, yes, there is an inference certainly that the Zoning Board would use its authority and its common sense and discretion implied within this as to whether or not something was reasonable request. The intent really was to be very generous here, far more generous with time frames than most other municipalities offer to people who get approvals for things that the code does not permit. All of our Town Board's that grant approvals, the Planning Board, the Building Department, the Trustees, all have time frames, generally within a year to 18 months to accomplish whatever those approvals were, with some right for extension. We now have proposed unanimously as a Board of Appeals a three year time frame because construction can be interrupted, it is costly, things can happen and with all due respect to property owners and their rights, we recommend a fairly large time frame, with again renewals that can be up to three years. After six years, if an action is not accomplished then the expectation there is that it is timely for us to protect the welfare of the entire community in addition to the rights of property owners and at that time, we would respectfully request that another review take place because the circumstances may well have changed over a six year period. And in a nutshell, that is what all other municipalities are doing. SUPERVISOR RUSSELL: Just a clarification for all, I am certainly willing to go along with Jim's position on this but there is nothing in this code right now that specifies you have discretion, it appears to be nothing more than a prescription for renewal. And if that is what we intend, that's fine. I am okay with that but I don't think there is anything implicit here Martin, it is rather rote approval, simply asking for it prior to the expiration. Anything else would be (inaudible) and that is fine, your point is well taken. MS. WEISMAN: We originally submitted it that way because most other municipalities describe approvals and renewals that way. Amendments to Chapter 280, Time Limits on Variances 4 November 18, 2014 SUPERVISOR RUSSELL: That's fine. MS. WEISMAN: So it was a familiar language. Our Board is willing to do whatever the Town Board feels is appropriate. Our concern was stale variances that then run contrary to what the Trustees would grant. I mean, we have had applications come in that were 20 and 30 years old, that had never been acted on. We had no environmental science at the time and then meanwhile, you have a bluff blow out and someone is putting a swimming pool 30 feet from the edge of a bluff because that variance ran in perpetuity and the Trustees hands are tied. The same happens with the Planning Board when site plan is required to be approved on a commercial project and we have one that came in not terribly long ago that was 28 years old. The Planning Board would never have been in a position today, you know, is really struggling with what they can do when in fact they really can't use their contemporary standards for site plan approval on this particular site. So that is why the Board of Appeals respectfully requests that the Town Board implement this proposal to limit variance relief. BENJA SCHWARTZ: Scott? SUPERVISOR RUSSELL: Yes? MR. SCHWARTZ: Could you just reiterate what you suggested? The language that you had suggested. SUPERVISOR RUSSELL: What I had added after, upon requests and written approval by the ZBA that upon showing of good cause. It's not, yes, does it leave for a lot of discretion? Absolutely. I think you want Board's to show some discretion. However, Jim raised a point and it is a fair point, I am willing to go along with Jim's position on it. MR. SCHWARTZ: Well, there is another alternative you might consider which would be to put the burden of showing good cause on the ZBA who has nothing but time to, but in the event that there was good cause not to renew the variance, to insert into the legislation that the ZBA could approve or upon showing of good cause deny the extension, request for the extensions. I think that would protect the public and the homeowners and if the extension was denied, the homeowner could always apply for a new variance. Six years is a long time. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? TOWN ATTORNEY FINNEGAN: Can somebody make a motion to incorporate the earlier comments into the public hearing? Motion made to incorporate comments made outside the public hearing into the minutes of the hearing. BILL TOEDTER: Bill Toedter, Southold. I just wanted to comment on the proposed change on the time limits of variances. It is a welcome change but I also hope that it will be spelled out that... Amendments to Chapter 280, Time Limits on Variances 5 November 18, 2014 JUSTICE EVANS: You might want to wait until we have the public hearing and then your remarks get put in the public hearing. SUPERVISOR RUSSELL: You are welcome to speak now. Either way is fine. MR. TOEDTER: Just to keep in mind that in keeping with what other towns are doing, the three year extension periods afterwards are really meant to be for the town's protection and not the applicants protection. So they should not be considered automatic, so that as changes occur in the community and the neighborhood and the town codes, the intent of these in other neighborhoods is for the applicant to come up and if those changes effect the application, for the applicant to go back and make the required changes. So, it's not quite spelled out here but I am pretty sure that's what the intent is on this one, to take that out. SUPERVISOR RUSSELL: I appreciate that, Bill. Thank you. SUPERVISOR RUSSELL: Can I get a motion to close the hearing? This hearing was closed at 5:27 PM Eli eth A. Neville Southold Town Clerk Southold Town Board - Letter Board Meeting of November 18, 2014 D*000 RESOLUTION 2014-914 Item # 5.23 11, ADOPTED DOC ID: 10237 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-914 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 18, 2014: RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances" is classified as a Type Il action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA and is exempt from LWRP review pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. 2? Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated November 19, 2014 Page 30 Neville, Elizabeth From: Neville, Elizabeth Sent: Friday,January 09, 2015 11:20 AM To: = Southampton Townxclerk�: Subject: Emailing:Zoning Receipt for P.H._20150109110142 Attachments: Zoning Receipt for P.H._20150109110142.pdf Sundy, In checking my file I find that the ini ce ptI& the Pu61tc_Hearing on;"Time limits on1/ariances"_ was not returned tor:rne . Please sign and e-mail back to me. Thank you, Betty Neville Your message is ready to be sent with the following file or link attachments: Zoning Receipt for P.H._20150109110142 Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 ®��gVFFO(,�►�® ELIZABETH A.NEVILLE,MMC �� r/y Town Hall, 53095 Main Road TOWN CLERKo P.O.Box 1179 CIO Z Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS p � � Fax(631)765-6145 MARRIAGE OFFICER ao�' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®.( `�► www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 28, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below on November 18, 2014 at 4:32 pm, at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Southold Town Clerk Attachments len cc: of ShQuor-is! � r� ' cTCT= ✓acs_�t�.�f Qrnttham�.tOn Buildin Date: Signature, Received By Title: Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK in ®�®g11f FOL Ir ELIZABETH A.NEVILLE,MMC �•� r✓y Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 S Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p Fax(631)765-6145 MARRIAGE OFFICER 'y ®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®,` `�►� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 28, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on November 18, 2014 at 4:32 pm, at the Southold Town Hall, 53095 Main Road, Soufhold,NY: - Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Southold Town Clerk Attachments cc: li R + o, � oto��.� Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept -- Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA illage, Gree ort 4ignature, Received Date c-7 �. Cr— T(Ck 1414�G(� cv Please print name Title �='� ELIZABETH A.NEIVILLE,MMC � �� Town Hall,53095 Main Road TOWN CLERIC � � P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS P Fax(631)765-6145 MARRIAGE OFFICER , ®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 28, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on November 1.8,2014 at 4:32 pm,at the Southold Town Hall, 53095 Main Road, Southold, NY: A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA illage of enport Sig ature, Received/6y Date IV I'd p,-r 'i �//,' LLf�G� . We se print name Title ELIZABETH A.NEVILLE,MMC ��� ®��, Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 C* Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER '�� ��' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®� �oa FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 28, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on November 18,2014 at 4:32 nm, at the Southold Town Hall, 53095 Main Road, Southold, NY: A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope, Thank you. Elizabeth A. Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA illage reen t Signature, Receive y Date r Please print name Title ELIZABETH A.NEVILLE,MMC a� �/� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 02 Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER ®� �� Telephone(631)'765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 17, 201:4 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Law listed below on December 16, 2014 at the Southold Town Hall, 53095 Main Road,.Southold,NY: A Local Law in relation to Amendments to Chapter 240, Subdivision of Land, and Chapter 280, Zoning in connection with a Tree Fund Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Southold Town Clerk Attachments, cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept 'a1 � ' Southold Trustees Southold Assessors Southold ZBA Village of Greenport Signature, Received by Date a Gin 1 &1 6 Please print name Title ( _ D GCI 2 � c014 ELIZABETH A.NEVILLE,MMC y� ,y Town Hall,53 95 Main mold Town TOWN CLERK ® P0,g Planning Board coo Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICERO! �a®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtowliny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 28, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on November 18,2014 at 4:32 pm,at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A.Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept L,�outhold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport Signature, Received by Date Vtay\- Gt-ems�T s�- Please print name Title ®�®@allFF61 Jre®� ELIZABETH A. NEVILLE, MMC �� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 CO2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS � ® Fax(631)765-6145 MARRIAGE OFFICER ®� ��®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 28, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below on November 18, 2014 at 4:32 nm, at the Southold Town Hall, 53095 Main Road, Southold, NY: A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Southold Town Clerk Attachments cc: Suffolk County epartment of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Sot Town Planning Board Southold Town Trustees RM 'i, ssesc�aa� Southold Town Board of Appeals Southold Town -Building Department 24>— 1/ L&& ,A' Date: 3- Si nat re, Receive g MV fin o Title: Aw�s Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE,MMC �5 sof Town Hall,53095 Main Road TOWN CLERK ® P.O. Box 1179 COD Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER ®� �®�' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICERg www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 28, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below on November 18, 2014 at 4:32 pm, at the Southold Town Hall, 53095 Main Road, Southold, NY: A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Southold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals cel' c� Tc ri}3 .clzISM � prk, Date: Signature, Recei By Title: Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE,MMC �� P✓� Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 W Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER �� ®�' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®,{ www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 28, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on November 18, 2014 at 4:32 pm, at the Southold Town Hall, 53095 Main Road, Southold, NY: Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Southold Town Clerk Attachments =ter cc: Suffolk County Dept of Planning Ong Itnd StaM. aks ,.,tFs ital Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of reenport &"�' fc?/019 Signature, R ceived by Date � R ours 16 D h1Pf A) Please print name Title . 10/28/2014 11:30 6317493436 S I TOWN CLERK PAGE 01 ELIZABETH A.NEVILLE,MMC 1� y Tbwn Hall,53095 Main Road TOWN CLEI;;H P.O.Sox 1179 REGISTRAR,OF VITAL STATISTICS � � Southold,New York 11971 MARRIAGE OFFICER �' Fax(631)765-6145 RECORDS MANAGEMENT OFFICER ��1 .��� Telephone(631)765-1800 FREEDOM OF INFORMATION OFFICER � www.soutlioldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 28,2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC NEARING on the proposed Local Law Iisted below on November 18 blain Road, Southold,NY: 2014 at 4:32 pm, at the Southold Town Hall, 53095 A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A,, Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State hark Commission Email. Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold Z13A Village of Greenport Signature, Re ived b Date Please print named Title RECEIVE®, OCT 23 2014 Southold Town Clerk 01/12/2015 15:07 6312835606 SOUTHAMPTON TOWN CLK PAGE 01101 v ELIZABETH A.NE'VILLE,MMIC ��� Town Hall,63(395 Main Road TOWN CLERKPA.Box 11.79 e�s> 71t Southold,New York 11971 RECTISTRAR OF VITAL STATISTICS ,' Fax(6315.765-6145 11 ARRLM OFFICER '� ��� Telephone(031)765-1600 RECORDS MANAGtWENT OFFICER � wvw+v-eoutlaaldta�rz��a�gav FREEDOM OF INFORMATION OFFICER OFFICE OF TITS TOWN CLERli TOWN OF SO'GTHOLI) October 28,2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBL)1C HEARING on the proposed Local Law listed below on 'November 1$ 2014 at 4:32 pm, at the Southold Town Hall, 53095 Main Road, Southold,NY A Local Law in relation t4 Amendments to C'laapter 280, Zoning, in connection with Time limits. on Variances.- Please sign the duplicate of this letter and return to me at your earliest conve31ience in the self-addressed envelope. Thank you. Elizabeth A.Neville Southold Town Clerk Attachments cc: Suffolk County Department of Planning: Long Island State Parte Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold.Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Date: / 0 Signature, Received B ��i . �C�I?—W1 1 Title: I Please print n me DUPLICA.TL, TO BE SIGNED AND 1tE TURNED TO SOUTHOLD TOWN CLERK ELIZABETH A.NEVILLE,MMC i �� l/.$ Town Hall, 53095 Main Road TOWN CLERK ® P.O.Box 1179 COD Southold,New York 11971 REGISTRAR OF VITAL STATISTICS .� Fax(631)765-6145 MARRIAGE OFFICER ®� ��®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 28, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below on November 18, 2014 at 4:32 pm, at the Southold Town Hall, 53095 Main Road, Southold, NY: A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Southold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board s� I�� � Ii .`� km= Southold Town Assessors Southold Town Board of Appeals Sou hold Town Building Department Date: 1 IS /S Signature eceivedy j ZZi L Le-A C,-,C,-p�� �� Title: Cwrl'L-:/Ci Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A.NEVILLE,MMC S Town Hall,53095 Main Road TOWN CLERKP.O.Box 1179 coo Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 1-� ® � Fax(631)765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER ®,l .�® Telephone FREEDOM OF INFORMATION OFFICER www•southoldtownny.gov 765-1800 www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 28, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below on November 18, 2014 at 4:32 nm, at the Southold Town Hall, 53095 Main Road, Southold, NY: A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. 0?j'e4&4L?' Elizabeth A. Neville Southold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Sou hold Town Trustees Southold Town Assessors Sothc�:li +►,w 13aa ofltr1 Southold Town Building Department ( � Date: Signature, Received by Title: Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RESOLUTION 2014-851 rt � ADOPTED DOC ID: 10187 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-851 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21, 2014: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 21St day of October, 2014, a Local Law entitled"A Local Law in relation to Amendments to Chanter 280,Zoning,in connection with Time Limits on Variances"now, therefore,be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 18tH day of November, 2014, at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chanter 280, Zoning, in connection with Time Limits on Variances"reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280,Zoning, in connection with Time Limits on Variances". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has determined that variances which are not acted upon within a reasonable time may become stale and incompatible with the surrounding community due to changed conditions. Therefore,the Town Board, upon the recommendation of the Board of Appeals, in order to protect the health, safety and welfare of the community, requires that variances have a limited duration of three(3) years, with the possibility of three(3) consecutive one(1) year extensions at the discretion of the Board of Appeals. H. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-146. Powers and duties. B. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed,public safety and welfare secured and substantial justice done. Effective as of January 1, 2015, any variance granted by Resolution 2014-851 Board Meeting of October 21, 2014 the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured and/or a subdivision map has not been filed with the Suffolk Count Clerk within three(3)years from the date such variance was granted unless the Board of Appeals u-on written request prior to the date of expiration grants an extension not to exceed three (3) consecutive one(1)year terms. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. M 1 Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Updated: 11/12/2014 11:09 AM by Lynda Rudder Page 2 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 27th day of October , 2014, 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, 53095 Main Road, Southold,New York. LL Chapter 280, zoning, Time Limit on variances c i abeth A. Neville outhold Town Clerk Sworn before me this 27th day of October , 20 tary Public LYNDA M. RUDDER Notary Public, State of New York No. 01 RU6020932 Qualified in Suffolk County Commission Expires March 8,20-11 . #11946 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that 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 published in said Newspaper once each week for 1 week(s), successfully commencing on the 30th day of October, 2014. Principal Clerk Sworn to before;me this C day &4_ 2014. __LE - NOTICE NOTICE OF PUBLIC HEARING WHEREAS, there has been pre- sented to the Town Board of the Town ionSouthold,Suffolk County,New York, on the 21st day of October,2014,a Lo- cal Law entitled"A Local Law in relation CHRISTINA VOLINSKI to Amendments to Chapter 280 Zoning, NOTARY PUBLIC-STATE OF NEW YORK in connection with Time Limits on Vari- ances"now,therefore,be it No. 01V06105050 RESOLVED that the Town Board of; Qualified In Suffolk County !the Town of Southold will hold a public? My COmmISSIOri UPIMS February 28, 2016 hearing on the aforesaid Local Law at' Southold Town Hall,53095 Main Road,• I Southold,New York,on the 18th day of f November,2014, at 432 p.m. at which' time-all interested persons willbe given lan opportunity to be heard. The proposed Local Law entitled,°iA I �"-1 Law in relation to Amendments to '.Chapter 280 Zoning in connection with II Time L�mrts on Variapces"reads as fol- lows: LOCAL LAW NO 2014. j A Local Law entitled,"A Local Law *--relation to Amendments to Chapter' 280. Zonis¢ in connection with Time I Lumts on Variances". BE IT ENACTED by the Town Board'I +.of the Town of Southold as follows: E L Purpose } The Town Board of the Town of !Southold has determined that variances which are not acted upon within a reason- able time may become stale and incom patible with the surrounding community due to changed conditions.Therefore,the Town Board,_upon the recommendation of the Board of Appeals,in order to pro. tect the health,safety and welfare of the community,requires that-variances have a limited duration of three(3)years,with- ithe possibility of three (3) consecutive -one(1)year extensions at-the discretion of the Board of Appeals I IL Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-146. Powers and-duties. B.Variances: Where there are practi= cal difficulties or unnecessary hardships,i in the way of carrying out the strict let= ter Of regulations, the Board of Appeals shall have the power to vary or modify-the application of such regula- tions so that the spirit of this chapter shall. be observed„public safe secured and substantial justice doneff Ef- fective as ofJanu' 1 2015 an variance granted by the Board of Anneals shallbe come null and void where a Ce Occu”an has not been. caI.of a subdivision ma rocured and/orj has not been filed"with fthe Suffolk Coun lerk within three: LLtiears from the date such vanince' was anted unless the Board of A !u0on written reduPcr eal of ex o the date uah0n ants an extension not 10.1 I exceed three 3 consecutive one 1 ear terms ` SEVERABITM If any clause,,,sentence, (.section,or art of Law Paz'agraph, be adjudged by any court ofc comp Sha ,� j jurisdiction to be invalid, the judgment, t shall,not affect the validity of this law as a whole or any part thereof other than the Part so decided to be unconstitutional or f'invalid. _ 1 It:EFFECITVE DATE This Local Law shall take effect imine- diately upon Sling with the Secretary of State as provided bylaw Dated:October 21,2014 BY ORDER OF TITS pOWN BOARD.' r OF THE.TOWN OF SOUTHOLD Elizabeth A. NevIlle 11946-1T 10130 Town Clerk SUMMARY OF LL/AMENDMENTS TO CHAPTER 280 TIME LIMITS ON VARIANCES THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS AFTERNOON'S PUBLIC HEARING AMENDS CHAPTER 280 OF THE ZONING CODE UPON THE ZBA'S RECOMMENDATION, AND TO AVOID COMPLICATIONS POSED BY STALE VARIANCES THAT ARE INCOMPATIBLE WITH CURRENT CONDITIONS. SECTION 280-146 HAS BEEN AMENDED TO STATE THAT ANY VARIANCE GRANTED BY THE ZBA SHALL BECOME NULL AND VOID WHERE A CERTIFICATE OF OCCUPANCY HAS NOT BEEN PROCURED AND/OR A SUBDIVISION MAP HAS NOT BEEN FILED WITH THE SUFFOLK COUNTY CLERK WITHIN THREE (3) YEARS FROM THE DATE SUCH VARIANCE WAS GRANTED UNLESS THE ZBA GRANTS AN EXTENSION. UP TO THREE (3) CONSECUTIVE ONE (1) YEAR EXTENSIONS MAY BE GRANTED UPON WRITTEN REQUEST. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE. Southold Town Board - Letter Board Meeting of November 18, 2014 RESOLUTION 2014-923 Item # 5.32 ^oyM®g TABLED DOC ID: 10251 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-923 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 18, 2014: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21St day of October, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law on the 18th day of November, 2014, at 4:32 p.m. at which time all interested persons were given an opportunity to be heard, now there for be it. RESOLVED that the Town Board of the Town of Southold hereby ENACT the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, ZoninLr, in connection with Time Limits on Variances" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has determined that variances which are not acted upon within a reasonable time may become stale and incompatible with the surrounding community due to changed conditions. Therefore, the Town Board, upon the recommendation of the Board of Appeals, in order to protect the health, safety and welfare of the community, requires that variances have a limited duration of three (3) years, with the possibility of three (3) consecutive one ('1) year extensions at the discretion of the Board of Appeals. 11. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-146. Powers and duties. B. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and Generated November 19, 2014 Page 41 Southold Town Board - Letter Board Meeting of November 18, 2014 substantial justice done. Effective as of January 1, 2015, any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupant has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk within three (3) years from the date such variance was granted unless the Board of Appeals upon written request prior to the date of expiration grants an extension not to exceed three (3) consecutive one (1) year terms. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: TABLED [UNANIMOUS] Next: 12/2/2014 7:30 PM MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated November 19, 2014 Page 42 MAILING ADDRESS: PLANNING BOARD MEMBERS `QF S0 P.O.Box 1179 DONALD J.WILCENSKI ®V�`v y®lO Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G • 0 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR I�COU �� Southold,NY Telephone: 631 765-1938 www.southoldtow-nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED NOV 7 2014 To: Elizabeth A. Neville, Town Clerk From: Donald J. Wilcenski, Chairma Southold Town Oeris Date: November 5, 2014 Re: A Local Law in Relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances Thank you for the opportunity to provide comments on the above Local Law to amend Chapter 280, Zoning, in connection with Time Limits on Variances. The Planning Board supports the proposed amendments. These amendments are important to ensure that variances, when granted, are followed through and implemented in a timely manner. This will eliminate the problem of old variances that, when implemented many years later, may have become incompatible with new Town plans, new Town Code and changes in the surrounding community. cc: Scott Russell, Town Supervisor Members of the Town Board Town Attorney OFFICE LOCATION: so MAILING ADDRESS: Town Hall Annex �� l0 P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 aQ Telephone: 631 765-1938 cou LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEIVED MEMORANDUM NOV 1 7 2014 Supervisor Scott Russell Southold Town Clerk Town of Southold Town Board From: Mark Terry, Principal Planner V\P� Date: November 14, 2014 Re: SEQRA Review of the "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances The proposed action "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection'with Time Limits on Variances" has been reviewed to Chapter 130 Environmental Quality Review of the Southold Town Code and the New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my determination that pursuant to Part 617.5(c) (20) provided below, the action, as proposed is a Type II tion and therefore not subject to SEQRA review. 617.5(c)(20) "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment,," Please contact me with any questions. Cc: Martin Finnegan, Town Attorney OFFICE LOCATION: �O�*oE SU(/jg,OlO MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) G Tele hone: 631 765-1938 Southold, NY 11971 • �O, P C06 Nri LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF S.OUTHOLD MEMORANDUM RECEIVED NOV 1 7 2014 To: Supervisor Scott Russell Town of Southold Town Board Southold Town Clerk From: Mark Terry, Principal Planner LWRP Coordinator Date: November 14, 2014 Re: Local Waterfront Revitalization Coastal Consistency Review of"A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances". The proposed local law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances" has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the'proposed. action is EXEMPT from LWRP Coastal Consistency Review pursuant to section 268-3 Definitions, item L, which states: L. Routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment, Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Martin Finnegan, Town Attorney Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner Division i Planning and Environment October 31,2014 Town of Southold 53095 Main Road P.O.Box 1179 Southold,NY 11971 Attn: Elizabeth A.Neville, Town Clerk Applicant: Southold Town Board Zoning Action: Adopted Resolution Res-2014-851 and 852 A Local Law to Amend Chapter 280 Zoning Time Limits on Variances S.C.P.D. File No.: SD-14-LD Dear Ms.Neville: Pursuant to the requirements of Sections A 14-14 to A 14-25 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, Sarah Lansdale Director of Planning 4 Andrew P.Freleng Chief Planner APF/cd LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th FI ■ P.O.BOX 6100 Is HAUPPAUGE,NY 11788-0099 0 (631)853-5191 ELIZABETH A.NEVILLE, MMC �� �� Town Hall, 53095 Main Road TOWN CLERK ® P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 2P Fax(631)765-6145 MARRIAGE OFFICER A Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 28, 2014 Re: Resolution Numbers 2014-851&852 "A Local Law in Relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances of the Code of the Town of Southold, New York Donald Wilcenski, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr.Wilcenski: The Southold Town Board at their regular meeting held on October 21,2014 adopted the resolutions referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Suffolk County Department of Planning for their review. The date and time for this public hearing is 4:32PM, Tuesday, November 18,2014. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, a . Elizabg A. Neville Southold Town Clerk Enclosure cc:Town Board ELIZABETH A.NEVILLE,MMC �� �/,� Town Hall, 53095 Main Road TOWN CLERK ® P.O.Box 1179 c02 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS • Fax(631)765-6145 MARRIAGE OFFICER �� Q� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 28,2014 Re: Resolution Number(s)2014- 851&852 "A Local Law in Relation to Amendments to Chapter 280,Zoning in connection with Time Limits on Variances of the Code of the Town of Southold,Southold, NY Andrew P. Freeling, Chief Planner Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freeling, The Southold Town Board at their regular meeting held on October 21,2014 adopted the resolution(s) referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Southold Town Planning Board for their review. The date and time for this public hearing is 4:32PM,Tuesday, November 18,2014 Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Eliza A. Neville Southold Town Clerk Enclosure cc:Town Board Southold Town Board - Letter Board Meeting of October 21, 2014 arror RESOLUTION 2014-852 Item # 5.25 ADOPTED DOC ID: 10188 �a THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-852 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21, 2014: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Elizabeth A. Neville Southold Town Cleric RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated October 23, 2014 Page 42 Rudder, Lynda From: Cerria Torres <ctorres@timesreview.com> Sent: Monday, October 27, 2014 12:18 PM To: Rudder, Lynda Subject: Re: for publication 10/30 1 have two notices here scheduled to publish in The Suffolk Times on 10/30/14. Thankyou t.+ TIMES � � REVIEW t4EDIA GROUP Cerria Torres '^isplay Ad Coordinator 631.354.8011 (D) ctorres(a)-timesreview.com legals@timesreview.com www.timesreview.com From:<Rudder>, Lynda <lynda.rudder@town.southold.ny.us> Date: Monday, October 27, 2014 12:09 PM To:Jim Dinizio <jim@iamesdinizio.com>, "Beltz, Phillip" <Phillip.Beltz@town.southold.ny.us>, "Cushman,John" <John.Cushman@town.southold.nv.us>, "Doherty,Jill" <iill.doherty@town.southold.nv.us>, "Finnegan, Martin" <martin.finnegan@town.southold.nv.us>, "Ghosio, Bob" <bob.ghosio@town.southold.nv.us>, "Kiely, Stephen" <stephen.kiely@town.southold.ny.us>, "Krauza, Lynne" <Ivnne.krauza@town.southold.nv.us>, Louisa Evans <Ipevans06390@gmail.com>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southold.ny.us>, "Russell, Scott" <Scott.Russel l@town.southold.ny.us>, "Standish, Lauren" <Lauren.Standish@town.southold.ny.us>, "Tomaszewski, "ichelle" <michellet@town.southold.ny.us>,Times Review<tdoubrava@timesreview.com>, William Ruland ulandfarm@yahoo.com> Subject:for publication 10/30 Please publish in the 10/30 edition of the Suffolk Times i Rudder, Lynda From: Reisenberg, Lloyd Sent: Monday, October 27, 2014 12:30 PM To: Rudder, Lynda Subject: RE: website Posted Lloyd H. Reisenberg Network and Systems Administrator Town of Southold, New York www.south oldtownn V.gov lloydr@southoldtownny.gov 0: 631-765-1891 1 M:631-879-1554 F: 631-765-5178 - 70NFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged Jormation. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Rudder, Lynda Sent: Monday, October 27, 2014 12:06 PM To: Reisenberg, Lloyd Subject: website LEGAL NOTICE NOTICE OF PUBLIC HEARING WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21't day of October, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 18tH day of November, 2014, at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has determined that variances which are not acted upon within a reasonable time may become stale and incompatible with the surrounding community due to changed conditions. Therefore, the Town Board, upon the recommendation of the Board of Appeals, in order to protect the health, safety and welfare of the community, requires that variances have a limited duration of three (3) years, with the possibility of three (3) consecutive one (1) year extensions at the discretion of the Board of Appeals. H. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-146. Powers and duties. B. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. Effective as of January 1, 2015, any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk, within three (3) years from the date such variance was granted, unless the Board of Appeals, upon written request prior to the date of expiration grants an extension not to exceed three (3) consecutive one (1) year terms. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: October 21, 2014 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Town Clerk PLEASE PUBLISH ON OCTOBER 30, 2014, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney TC's Bulletin Board Town Website Building Planning ZBA