Bill Text: NY A03937 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires a setback of 200 feet of all new construction along state route 347 in the town of Brookhaven, county of Suffolk.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to transportation [A03937 Detail]

Download: New_York-2011-A03937-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3937
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 31, 2011
                                      ___________
       Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
         Committee on Transportation
       AN ACT to amend the highway law, in relation to providing for a  setback
         along a portion of state route 347
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The highway law is amended by adding a new  section  32  to
    2  read as follows:
    3    S  32. STATE ROUTE 347 SETBACK. 1. NOTWITHSTANDING ANY OTHER PROVISION
    4  OF LAW,  THERE  SHALL  BE  A  TWO  HUNDRED  FOOT  SETBACK  FOR  ALL  NEW
    5  CONSTRUCTION WITHIN THE TOWN OF BROOKHAVEN ON LAND ALONG STATE ROUTE 347
    6  AND  THE  INTERSECTION  OF  STATE  ROUTE 347 AND RADIO AVENUE; PROVIDED,
    7  HOWEVER, SUCH SETBACK REQUIREMENT SHALL NOT  APPLY  TO  ANY  UNDEVELOPED
    8  SINGLE  LOT  COMPRISING ONE ACRE OR LESS THAT IS BUILDABLE PURSUANT TO A
    9  SUBDIVISION PLOT OR SITE PLAN AT THE TIME THIS SECTION TAKES EFFECT.
   10    2. ANY PERSON, UPON A SHOWING OF HARDSHIP CAUSED BY THE PROVISIONS  OF
   11  THIS  SECTION  ON  DEVELOPMENT  IN  THE  SETBACK  AREA, MAY APPLY TO THE
   12  COMMISSIONER FOR A PERMIT EXEMPTING SUCH PERSON FROM THE  PROVISIONS  OF
   13  THIS  SECTION.  SUCH APPLICATION FOR AN EXEMPTION PURSUANT TO THE DEMON-
   14  STRATION OF HARDSHIP SHALL BE APPROVED ONLY IF THE  APPLICANT  SATISFIES
   15  THE  FOLLOWING  CONDITIONS:  EXTRAORDINARY HARDSHIP OR COMPELLING PUBLIC
   16  NEED.
   17    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07944-01-1