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Assembly Bill A3402

2009-2010 Legislative Session

Provides for a setback of 200 feet along a certain portion of state route 347

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Archive: Last Bill Status - In Assembly Committee

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2009-A3402 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Highway Law
Laws Affected:
Add ยง32, Hway L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3937
2013-2014: A4325
2015-2016: A5229

2009-A3402 (ACTIVE) - Summary

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

2009-A3402 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3402

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

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:

  Section 1. The highway law is amended by adding a new  section  32  to
read as follows:
  S  32. STATE ROUTE 347 SETBACK. 1. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW,  THERE  SHALL  BE  A  TWO  HUNDRED  FOOT  SETBACK  FOR  ALL  NEW
CONSTRUCTION WITHIN THE TOWN OF BROOKHAVEN ON LAND ALONG STATE ROUTE 347
AND  THE  INTERSECTION  OF  STATE  ROUTE 347 AND RADIO AVENUE; PROVIDED,
HOWEVER, SUCH SETBACK REQUIREMENT SHALL NOT  APPLY  TO  ANY  UNDEVELOPED
SINGLE  LOT  COMPRISING ONE ACRE OR LESS THAT IS BUILDABLE PURSUANT TO A
SUBDIVISION PLOT OR SITE PLAN AT THE TIME THIS SECTION TAKES EFFECT.
  2. ANY PERSON, UPON A SHOWING OF HARDSHIP CAUSED BY THE PROVISIONS  OF
THIS  SECTION  ON  DEVELOPMENT  IN  THE  SETBACK  AREA, MAY APPLY TO THE
COMMISSIONER FOR A PERMIT EXEMPTING SUCH PERSON FROM THE  PROVISIONS  OF
THIS  SECTION.  SUCH APPLICATION FOR AN EXEMPTION PURSUANT TO THE DEMON-
STRATION OF HARDSHIP SHALL BE APPROVED ONLY IF THE  APPLICANT  SATISFIES
THE  FOLLOWING  CONDITIONS:  EXTRAORDINARY HARDSHIP OR COMPELLING PUBLIC
NEED.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07078-01-9

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