STATE OF NEW YORK
________________________________________________________________________
3937
2011-2012 Regular Sessions
IN ASSEMBLY
January 31, 2011
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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 § 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 § 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
