HomeMy WebLinkAboutLL-2002 #07Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Town of
SOUTHOLD
LOCAL LAW NO. 7 OF 2002
A Local Law entitled "A Local Law in Relation to Private Warehousing and Public Warehousing in the
General Business (B), Light Industrial Park of Chapter 100 of the Zoning Code of the Town of Southold".
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. PURPOSE- To clarify the use known as "warehouses" as set forth in the General Business (B), Light
Industrial Park/Planned Office Park (Lie), and Light Industrial (LI) Zoning Districts. The Town Board, by this
amendment, does not attempt to change the definition of the term "warehouses", but intends to clearly state that
the term "warehouses" includes both Public Warehousing and Private Warehousing as set forth and defined in
Section 100-13 "Definitions" of the Town of Southold Zoning Code.
II. Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows:
1. Article X General Business (B) District
§100-101A
(3) Wholesale businesses, private warehousing and public warehousing~ and building material storage
and sale, but excluding storage of coal, coke, fuel oil or junk.
2. Article XIII Light Industrial Park/Planned Office Park (Lie) District
§100-131A
(3) Wholesale businesses, private warehousing and public warehousing~ and building material storage
and sale, but excluding storage of coal, coke, fuel oil or junk.
3. Article XIV Light Industrial (LI) District
§100-141A
(3) Wholesale businesses, private warehousing and public warehousing~ and building material storage
and sale, but excluding storage of coal, coke, fuel oil or junk.
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 effect 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.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev. 11/99) (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. __ 7 of 20 02
tho "' ....... xit~;*"X(Tnxx;nl ~) of SOUTHOLD was duly passed by the
TOWN ~O~ on November 19 ~ 20 02 ~ in accordance with the applicable provisions of law.
of
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 __, and was (approved)(not approved)(repassed after
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 (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on 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.
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 therefrom and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 , above.
Clerk of the County legislative body. City. Town or Village Clerk
or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
(Seal) Date: January 21, 2003
(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 the correct text and that all proper proceedings
have been had or taken for the enactment of the local law annexed hereto.
Signature
Kathleen Murray, Esq., Assistant Town Attorney
Patricia Finnigan, Esq., Assistant Town Attorney
Gregory F. Yakaboski~ Esq, Town Attorney
Title
Town of
SOUTHOLD
Date:
(4)
January 21, 2003
STATE Of NEW YORK
DEPARTMENT OF STATE
4 I STATE STREEt
ALBANY, NY ! 223 I-ooo I
GEORGE E PaTaKt
GOVERNOR
F~ANDY A. DANIELS
SECRETARY OF STATE
December 13, 2002
RECEIVED
ELIZABETH A. NEVILLE
TOWN HALL 53095 Main Road
P.O. Box 1179
SOUTHOLD, NY 11971
Southold Town Clerk
RE: Town of Southold, Local Law 7, 2002, filed 11/25/2002
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Sincerely,
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518) 474-2755
WWW. DOS, STATE. NY. US · E-MAIL: INFO@DOS. STATE. NY. US
DEPARTMENT OF PLANNING
COUNTh' OF SUFFOLK
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
November 18, 2002
THOMAS ISLES, AICP
DIRECTOR OF PLANNING
Town Clerk
Town of Southold
Gentlemen:
Applicant:
Zoning Action:
Public Hearing Date:
S.C.P.D. File No.:
Town of Southold
Amendment to Articles X, XIII and XIV of
the Town Zoning Code
11/19/02
SD-02-7
Pursuant to the requirements of Sections A 14-14 to 23 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,
Thomas Isles
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:cc
G:\CCHORNY~ZONING~ZON ING\WORKING\LD2002.JAN\NOV~SD02-7_NOV
LOCATION
N. LEE DENNISON BLDG. - 4TH FLOOR
I O0 VL-'I'ERANS MEMORIAL HIGHWAY
MAILING ADDRESS
P. O. BOX (~100
HAUPPAUGE, NY I I 7'88-00gG~
((~3 I ) 85.3-5 190
TELECOPIEF~ ((~.3 I ) 853-4044
DEPARTMENT OF PLANNING
Ct""UN"1'Y OF SUFFOLK
ROBERT J GAFFNEY
SUFFOLK COUNTY EXECUTIVE
TH OMAS ISLES. AICP
DIRECTOR OF PLANNING
December 17, 2002
RECEIVED
Ms. Elizabeth Neville, Town Clerk
Town of Southold
53095 Main Road - P.O. Box 1179
Southold, NY 1 I971
Re'
Dear Ms. Neville:
Amended Zoning Ordinance
Articles X, XII & XIV
Town of Southold
(Local Law. No. 7 of 2002)
DEC 2 3 2002
Southold Town Clerk
Pursuant to Sections A 14-21 of the Suffolk County Administrative Code, the Suffolk County
Planning Commission has notified the neighboring town(s) and/or village(s) concerning the above
captioned zoning action(s).
Having received no adverse response, the Commission will take no further action.
Very truly yours,
Thomas Isles
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:cc
G:\C C H 0 RNY'~ZONIN G~ZONIN G\WO RKING\NAR~2002\SD~7. DEC
LOCATION
H. LEE DENNISON BLDG. - 4TH FLOOR
I O0 VETERANS MEMORIAL HIGHWAY
MAILING ADDRESS
· P.O. BOX ,~ I O0 ·
HAUPPAUGE, NY I 1788-0099
((53 I ) 85.3-5 I gO
TELECOPIER (63 I ) 853-4044
GIVEN Illa~
Iht:re hits beer1 prest~lltcd ro thc Town
tloard or thc 'li)wn ol' 5oulhold, SulIblk
Count); New York on ~e 30~ da~ of
July, 2~2, a L~~ Mw chaffed; ,'A
Local La~ ~ Relation to ~ivate
"warehouses" includek both Public
Warehousing and Private Warehousing
as' set forth and defined in Section 100-.
13 "Definitioas" of the Town of
Southold Zoning Code.
II. Chapter.100 of the Zoning Code '
of the Town of Southold is hereby ·
'amended as follows: ' .~-
, 1. Article X General Busihess (B)
District
§IO0-1-1A
material storage u
and sale, but excluding storage of coal;
coke, fuel oil or junk.
2. Article XIII Light Indus.trial
Park/plaimed Off/ce Park (LIO) District o
§100-!31A .
· ' nj
(3) Wh01esale'husinesses, ~ --'
· ~s ~bh'c ware-
~ and building materia/ storage
and sale, but 'excluding storage of coal,
coke, fuel oil or junk.
3. Article XIV Light Industrial (LI
District '
§100-141A
STATE OF NEW YORK)
)SS:
C ~,..~. _ .TY/I~OF SUF,~FOLK)
..~ ~j,~,,~J,/-/~xJ~-g,/~"~",~ of Mattituck, in said
county, being duly sworn, says that he/she is
Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Mattituck, in the Town of
Southold, County of Suffolk and State of New York,
and that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspaper
once each week for / weeks succes-
sively, ~ on
come lng the ~" day
of 20 ~'
/ /l~incipal Clerk
Sworn to befo~.~his "7
day of 20 02---
LAURA E. BONDARCHUK
Notary PubliC. State of New York
No 01 B06067958
Qualified in Suffolk County 20
My Commission EXpires Dec. 24, -.
(3) Wholesale
THE TOWN OF SOUTHOLD
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk ofthfi Town of Southold, New York being
duly sworn, says that on the 1 day of~a////~A~_~f~., 2002, she affixed a notice
of which the annexed printed notice is a tree copy, in a proper and substantial manner, in
a most public place in the Town of Southold, Suffolk County, New York, to wit: Tow~:
Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
NOTICE OF PUBLIC HEARING TO BE HELD ON:
November 8, 2002, 8:00 pm
A Local Law in Relation to Private Warehousing and Public Warehousing in the
General Business (B), Light Industrial Park/Planned Office Park (LIO), and Light
Industrial (LI) Districts of Chapter 100 of the Zoning Code of the Town of Southold
Southold Town Clerk
Swom before me, this ,,
~ day of /f/~~, 2002.
N{/tary Public
Oaaltfied in Suffolk C~un~
Term Expires Mer¢~ 8, 20.~
SOUTHOLD TOWN BOARD
PUBLIC HEARING
November 19, 2002
8:00 P.M.
HEARING ON "A LOCAL LAW IN RELATION TO PRIVATE
WAREHOUSING AND
PUBLIC WAREHOUSING IN THE GENERAL BUSINESS (B)~ LIGHT INDUSTRIAL PARK
CHAPTER 100 OF THE ZONING CODE OF THE TOWN OF SOUTHOLD."
Present:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman William D. Moore
Councilman Craig A. Richter
Councilmah John M. Romanelli
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Town Attorney Gregory A. Yakaboski
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that there has been presented to the
Town Board of the Town of Southold, Suffolk County, New York on the 8th day of October 2002, a
Local Law entitled, "A Local Law in Relation to Private Warehousing and Public Warehousing in the
General Business (B), Light Industrial Park/Planned Office Park (LIO), and Light Industrial (LI)
Districts of Chapter 100 of the Zoning Code of the Town of Southold",
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a
public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,
New York on the 19th day of November, 2002 at 8:00 P.M. at which time all interested persons will
be given an opportunity to be heard.
The proposed "A Local Law in Relation to Private Warehousing and Public Warehousing in the
General Business (B), Light Industrial Park/Planned Office Park (LIO), and Light Industrial (LI)
Districts of Chapter 100 of the Zoning Code of the Town of Southold" which includes the following:
LOCAL LAW NO. 2002
A Local Law entitled "A Local Law in Relation to Private Warehousing and Public
Warehousing in the General Business (B), Light Industrial Park of Chapter 100 of the Zoning Code of
the Town of Southold".
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. PURPOSE- To clarify the use known as "warehouses" as set forth in the General Business (B),
Light Industrial Park/Planned Office Park (LIO), and Light Industrial (LI) Zoning Districts. The Town
Board, by this amendment, does not attempt to change the definition of the term "warehouses", but
intends to clearly state that the term ''warehouses" includes both Public Warehousing and Private
Warehousing as set forth and defined in Section 100-13 "Definitions" of the Town of Southold Zoning
Code.
11/19/02 2
Public Hearing-Warehouses
II. Chapter 100 of the Zoning Code of the Town of S outhold is hereby amended as follows:
1. Article X General Business (B) District
§100-101A
(3)Wholesale businesses, warehouses private warehousing and public warehousing, and
building material storage and sale, but excluding storage of coal, coke, fuel oil or junk.
2. Article XIII Light Industrial Park/Planned Office Park (LIO) District
§100-131^
(3)Wholesale businesses, warehouses private warehousing and public warehousing, and
building material storage and sale, but excluding storage of coal, coke, fuel oil or junk.
3. Article XIV Light Industrial (LI) District
§100-141A
(3)Wholesale businesses, ~vamhouses private warehousing and public warehousing, and
building material storage and sale, but excluding storage of coal, coke, fuel oil or junk.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court 6f competent jurisdiction to be invalid, the judgment shall not effect 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.
COUNCILMAN WlCKHAM: A public warehouse is one of these self-storages that people can use
and pay for. A private warehouse is what an entrepreneur or person just owns for his own warehouse.
And the purpose of this is to bring both of those two concepts into the code so that there is no
ambiguity. I have before me a certification that this has been mailed out to all adjacent Towns and
jurisdictions and I have a recommendation of the Suffolk County Planning Commission which states as
follows: Suffolk County Planning Commission has considered the matter for local determination as
there is no apparent significant County wide or inter-community impact. A decision of local
determination should not be construed as either an approval or a disapproval. I have before me
negative declaration environmental form done by Nelson, Pope and Voorhis and I have also a
recommendation of the Southold Town Planning Board and this is a very succinct recommendation. In
one sentence, the Planning Board has reviewed this proposed amendment to the Zoning Code and
recommends its adoption because the amendment will improve the codes internal consistency. I have
an affidavit of publication in the Suffolk Times newspaper and an affidavit of posting on the Town
Clerk's bulletin board and that is all I have.
SUPERVISOR HORTON: Thank-you, Councilman Wickham. Would anyone from the public care to
address the Town Board on this public heating?
WILLIAM GOGGINS: Good Evening, members of the Board, Supervisor. My name is William
Goggins. I have been following this a little bit and I just wanted some clarification. It is my
understanding that public and private warehousing will be permitted uses in the Business zone, which
is 100~101A3; the LI zone, which is section 100-141A3 and also the LIO zone under section under
section 100-131A3. Is that correct?
11/19/02
Public Heating-Warehouses
COUNCILMAN ROMANELLI: That is correct.
WILLIAM GOGG1NS: Okay. That is it. I just wanted a clarification. Thank-you.
SUPERVISOR HORTON: Any other comments from the floor in regards to this public hearing? (No
response) Does the Board have anything to contribute? We will close this public heating.
Southold Town Clerk