HomeMy WebLinkAboutLL #01 2019 STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA ANDREW M CUOMO
99 WASHINGTON AVENUE GOVERNOR
ALBANY,NY 12231-0001 ROSSANA ROSADO
VWWV DOS NY GOV SECRETARY OF STATE
March 22, 2019
RECEIVED
Town of Southold
Office of Town Clerk CJiA 2011
Town Hall, 53095 Main Road
PO Box 1179 Southold Town Clerk
Southold, NY 11971
RE: Town of Southold, Local Law 1 2019, filed on 3/6/2019
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from out website, www.dos.state.ny.us.
Sincerely,
State Records and Law Bureau
(518) 474-2755
N' VYORK Department
STATE OF
OPPORTUNITY_ of State
SOUTHOLD TOWN BOARD
PUBLIC HEARING
February 26, 2019
4:31 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman William Ruland
Councilwoman Jill Doherty
Councilman James Dinizio, Jr.
Councilman Bob Ghosio, Jr.
Town Clerk Elizabeth Neville
Town Attorney William Duffy
This hearing was opened at 6:05 PM
COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN,that there has been presented to
the Town Board of the Town of Southold, Suffolk County,New York, on the 12th day of
February 12, 2019, a Local Law entitled "A Local Law in relation to a Temporary
moratorium on the issuance of approvals and/or permits for the parcels of property in
"The State Route 25 Love Lane Intersection and surrounding area" and
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 Southold Town Hall, 53095 Main Road,
Southold,New York, on the 26th day of February, 2019 at 4:31 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 a Temporary moratorium on
the issuance of approvals and/or permits for the parcels of property in "The State Route 25
Love Lane Intersection and surrounding area" reads as follows:
LOCAL LAW NO. 2019
A Local Law entitled, "A Local Law in relation to a Temporary moratorium on the issuance
of approvals and/or permits for the parcels of property in "The State Route 25 Love Lane
Intersection and surrounding area"
A Local Law entitled, "A Local Law in relation to a Temporary moratorium on the issuance
of approvals and/or permits for the parcels of property in "The State Route 25 Love Lane
Intersection and surrounding area" .
i
Temporary Moratorium Route 25, Love Lane
February 26, 2019 Public Hearing page 2
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
Section 1. Purpose
The Town Board recognizes that in the area of the intersection of State Route 25 (a/k/a
"Main Road") and Love Lane there is insufficient infrastructure to handle the drastic increase in
traffic in recent years and to allow for the safe passage of pedestrians to safely cross Main Road
at the Love Lane intersection as well as at other intersections immediately to the East and West
of the aforementioned intersection. This lack of infrastructure puts the health, safety and welfare
of the public at risk. The residents of the hamlet of Mattituck and the surrounding areas have
voiced their concerns regarding the risk to the health, safety and welfare of the community and
the need for improvements to the infrastructure at the intersection of Main Road and Love Lane.
Similarly, local business owners have identified the traffic issues along Route 25 and Love Lane
as has having a negative effect on local businesses.
Although Main Road is a road owned and maintained by the State of New York,the
Town Board has commissioned a traffic study of this area to identify the issues that need to be
addressed and propose solutions and improvements to the infrastructure. The traffic study has
reached a critical phase wherein the Town is meeting with New York State Department of
Transportation officials to determine which of the various proposed improvements to the
infrastructure the State would deem acceptable and willing to implement or allow the Town to
implement.
The Town Board realizes that, based on the proposed infrastructure improvements to
improve traffic flow at the intersection of Main Road and Love Lane contained in the initial draft
of the Traffic Study, there is a possibility of impacts to other intersections in the area where Main
Road intersects with local roads. Although the present study is analyzing three intersections in
the area,there are 5 more intersections in the area where Main Road intersects with a local road
where there is no signal and/or no crosswalk to safeguard pedestrians. Therefore, after reviewing
initial drafts of the traffic study,the Board is of the opinion that the traffic study needs to be
expanded to address these additional intersections along Main Road.
In addition to the traffic study commissioned by the Town Board, the Town of Southold
Planning Board has recently completed a study of the parking in the Love Lane area and
determined that there is a need for more public parking in the area.
The Town Board is also nearing completion of updates to the Town Comprehensive Plan
and expects to be in a position to adopt those changes over the next several months. The
Comprehensive Plan will also contain recommendations as to infrastructure improvements and
land use at the Route 25 and Love Lane intersection and surrounding area.
The Town Board wishes to be able to consider the proposals and recommendations
contained in the various aforementioned plans; consider various alternatives to current zoning
along Main Road; as well as implement improvements to the infrastructure and adopt any
recommended land use changes, to insure the health, safety and welfare of the community to
address the recent drastic increased demands on the infrastructure in the area around the Main
Road/Love Lane Intersection and surrounding area.
Given the reasons and facts set forth above and until the planning process is completed,
the Town Board finds it necessary to impose a moratorium as set forth below. This action is
necessary in order to protect the character, public health, safety and welfare of the residents of
Temporary Moratorium Route 25, Love Lane
February 26, 2019 Public Hearing page 3
the hamlet of Mattituck as well as those visiting the Love Lane area.
Section 2. ENACTMENT OF A TEMPORARY MORATORIUM
Until six (6) months from the effective date of this Local Law, after which this Local
Law shall lapse and be without further force and effect and subject to any other Local Law
adopted by the Town Board during the six (6) month period, no agency, board, board officer or
employee of the Town of Southold including but not limited to, the Town Board,the Zoning
Board of Appeals, the Trustees, the Planning Board , or the Building Inspector(s) issuing any
building permit pursuant to any provision of the Southold Town Code, shall issue, cause to be
issued or allow to be issued any approval, special exception, variance, site plan,building permit,
subdivision, or permit for any of the property situated along State Route 25, bounded on the
West by intersection of State Rout3 25 and Bay Avenue and bounded on the East by the
intersection of State Route 25 and Pike Street.
Section 3. DEFINITION OF "THE STATE ROUTE 25 LOVE INTERSECTION AND
SURROUNDING AREA"
The State Route 25 and Love Lane intersection and surrounding area is hereby defined as
the area bounded by the following public roads: All properties along State Route 25 in the
hamlet of Mattituck, bounded by the intersection of State Route 25 and Bay Ave on the West and
State Route 25 and Pike Street on the East.
Section 4. EXCLUSIONS
This Local Law shall not apply:
1) to any person or entity who/which has, prior to the effective date of this Local
Law, obtained all permits required for construction of a building on any
property located in the State Route 25 Love Lane Intersection and Surrounding
Area including later applications to repair or alter, but not enlarge, any such
building otherwise prohibited during the period of this temporary moratorium.
2) To any permit or application regarding a single family dwelling unit to be used
solely for residential purposes.
3) To any application by a municipal corporation or special district or fire district.
Section 5. AUTHORITY TO SUPERCEDE
To the extent and degree any provisions of this Local Law are construed as inconsistent
with the provisions of Town Law sections 264, 265, 265-a, 267, 267-a, 267-b, 274-a, 274-b, and
276, this Local Law is intended pursuant to Municipal Home Rule Law sections 10(1)(ii)(d)(3)
and section 22 to supercede any said inconsistent authority.
Section 6. VARIANCE TO THIS MORATORIUM
Any person or entity suffering unnecessary hardship as that term is used and construed in
Temporary Moratorium Route 25, Love Lane
February 26, 2019 Public Hearing page 4
Town Law section 267-b(2)(b), by reason of the enactment and continuance of this moratorium
may apply to the Town Board for a variance excepting the person's or entity's premises or a
portion thereof from the temporary moratorium and allowing issuance of a permit all in
accordance with the provisions of this Southold Town Code applicable to such use or
construction.
Section 7. 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 impair or invalidate the
remainder of this Local Law.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State.
I do have a notarized affidavit that this hearing was noticed on the Town Clerk's bulletin board
and on the Town website. I do have a copy of the legal notice in the Suffolk Times. And I have
a letter "Good afternoon, I am writing in connection with the proposed moratorium regarding the
issuance of approvals and or permits for the parcels of property located within the SR 25 Love
Lane intersection and surrounding area. I am in full support of the use of a moratorium, as I
have an office directly in the heart of the subject area and feel a temporary halt to development is
warranted, due to bona fide traffic concerns. However, I question the effectiveness of said
moratorium, if the moratorium does not include a provision to stop the review of pending
projects. The language in section 2 of the proposed moratorium seems to prohibit only the
issuance of approvals/permits for a period of 6 months. If that is indeed the case, then this
moratorium is hollow, as pending applications may still be processed during said moratorium,
and could be approved, and a building permit issued, upon it being lifted or soon thereafter. In
accordance with the above, I strongly urge the Board to put teeth into the moratorium by
incorporating a clause such as `and suspend any and all review of pending applications/projects
within the SR 25 Love Lane intersection and surrounding area'. If the Board feels that such
language already exists within said proposal, clarification is clearly required or a vagueness
claim may lie, because as you are aware, such vagueness is construed against the drafter. Thank
you for taking my comments into account and please make this letter part of the record. Thank
you, Stephen Kiely". That's all I have.
SUPERVISOR RUSSELL: Who would like to address the Town Board on this particular local
law?
GAIL WICKHAM: Good evening, Gail Wickham. I own property at 13015 Main Road in
Mattituck. I would like to thank the Board for considering legislation that provides for an
orderly development along this section of the Mattituck hamlet, particularly near that Love Lane
intersection. But I would like to ask that you consider an exclusion for properties that are
already developed, particularly commercial buildings that are paying taxes and trying to run a
business and that they at least be allowed to proceed with applications that would be allowed as
Temporary Moratorium Route 25, Love Lane
February 26, 2019 Public Hearing page 5
of right under the town code. Such as uses that are allowed by the zoning in which they are
located, site plan applications and also special exceptions which are allowed as of right subject to
conditions that the Zoning Board might impose. Six months is not in scheme of things,
particularly site plans and things like that a very long time but if it's extended, it could create
undo hardships on those types of properties. Thank you.
SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this
particular local law?
CHARLES GUELI: Charles Gueli, president of the Mattituck-Laurel Civic Association.
Starting with the Mattituck corridor study in 2005 and again the studies conducted in 2011 and
2015 along with more informal projects conducted by the SUNY Syracuse students and the
Board of the (inaudible) when they actually produced a short film about traffic at the Love Lane
intersection. All of these studies and projects identify traffic as a major problem in that corridor
and it's identified as a safety issue as well as having a negative impact on the local quality of life.
The area along the Main Road from Bay Avenue to Pike Street is a key area because the way that
traffic is handled in that area will have an impact on the traffic throughout the length of the Town
of Southold. And the way it's going to be handled will either relieve or compound future traffic
problems and it needs to be a holistic solution which includes intersections at Wickham and
Main Road, New Suffolk Avenue and Main Road and of course, Love Lane and Main Road. It's
a very complex situation, so I believe a correct solution will not be a quick one. the Mattituck-
Laurel Civic Association applauds and supports the town's moratorium because it shows that the
town is being prudent by suspending development along this corridor long enough to obtain the
results of the current traffic study and then determining the best way to mitigate the impact of
increased traffic while ensuring pedestrian, bike riding and automobile safety. Thank you.
SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board?
ANN SMITH: Good evening, my name is Ann Smith and I live in Mattituck. I am here
representing a work group of the Mattituck-Laurel Civic Association. We have been put
together to monitor applications and development in the area that you are now considering
placing a temporary moratorium and I am happy to be here and thank and applaud the board for
that effort. Both the Town Board and related boards have had continued success in giving
unique support for open space partnerships locally and with Suffolk County. Our unique
surroundings on the North Fork require diligence and attention to maintaining and developing
community character in the best interest of and safety and well-being of our community
members and our visitors. We must be stewards of the land and the waterways. The Mattituck-
Laurel Civic Association partnered with Southold Town Board to explore a traffic calming study
and consider a significant community input on the use of the various properties for green space
and as part of a larger plan to have a walkable hamlet and a park in areas where the town is now
proposing this temporary moratorium. We welcome the opportunity to pause together, explore
opportunities for possible recreational and community development grants that could usher in a
sustainable and unique approach to achieve a vision. A vision for smart growth. These
aspirations are based on a range of studies and extensive report provided to you by the civic
association. I would like to quote three pieces of from that report, (inaudible) from the Town of
Temporary Moratorium Route 25, Love Lane
February 26, 2019 Public Hearing page 6
Southold Hamlet Study in July 2005, Mattituck's strengths were generally identified as its open
spaces and agricultural areas, cultural facilities, beaches and recreational areas. Another major
strength is the hamlet center itself and the Love Lane business district. A sense of place created
there and its walkability and shops. The primary weakness identified in Mattituck are
hodgepodge, unattractive strip development along Route 25 west of the hamlet center and heavy,
fast moving traffic. That was from a study in 2005. That has only continued to be the case. The
Town of Southold Mattituck business corridor study, which was another brilliant move to do
that, in January of 2011, direct quote, the residents of Mattituck and the Town Board have
growing concerns regarding the type of development and redevelopment which occurred in
Mattituck as well as other concerns regarding growth, land use compatibility and aesthetics. In
order to protect and enhance the areas resources and ensure appropriate development and
redevelopment activities in the future, the town has authorized this focus study to formulate a
vision for the corridor. And finally, from a vision statement Southold Town Comprehensive
Plan draft 2016, future planning shall be compatible with existing community character while
supporting and addressing the challenges of continued land preservation, maintaining a vibrant
local economy, creating efficient transportation, promoting a diverse housing stock and
expanding recreational opportunities and protecting natural resources. Since 2105, the Mattituck
Laurel Civic Association has sponsored 11 public forums to revisit and reconsider the findings of
the towns' Mattituck business corridor study and the towns' hamlet study and to contribute to the
Southold Town comprehensive plan updates goals and issues for Mattituck-Laurel. And that war
appears to be your priority now with this moratorium. Based on the communities input during
these meetings, the well-researched document that you received must be unpacked. The
recommendations must be reviewed, discussed and considered and actually let's develop a plan.
We are will partners in design and commit securing expert resources in the process. The
association would like the opportunity to develop ideas and present them in detail to the Town
Board. We will continue to respect the Planning and Zoning codes and application process
including input at all public hearings to consider smart growth planning. The entire area under
the moratorium consideration requires you to pause and consider the traffic study and the
completion of the Southold Town comprehensive plan. Proposals put forward for a walkable
hamlet and various notes that would anchor the town of Mattituck and reflect the scale of
development and is in keeping with the recommendations needs time. Time for study, time for
discussion, time for planning, time before sustainable and appropriate development is
considered. We agree that the infrastructure and land use must be examined with expert and
local input before any applications for development are considered. We fully support the
moratorium and to give the town and the community the time it needs. Thank you.
SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this
local law?
BENJA SCHWARTZ: Good evening, Benja Schwartz. I would like to second the opinion of
attorney Stephen Kiely, that it doesn't make sense to continue to process applications if you are
considering changing the regulations and the rules. When I reviewed the proposed law,
(inaudible) official permits or give approvals but it says nothing about accepting new
applications or continuing to process existing applications and it seems like that would take up
the time and distract from the study which you are already doing are proposed. I would like to
Temporary Moratorium Route 25, Love Lane
February 26, 2019 Public Hearing page 7
congratulate the town for the work done in the, next to the intersection there on the town road
that goes, is that Old Sound? Old Sound Avenue, I think that's a considerable improvement over
that area and would just like to thank you for presenting this plan for preservation by a
moratorium that's not going to stop anything forever but at least we will take the time to consider
all the alternatives and choose the right way to go. But I do think that without preventing new
applications and closing pending applications, you are still going to be, applicants are going to be
maybe still be spending time and going along with their current plans under the existing
regulations. That kind of defeats the purpose or puts pressure on that's unnecessary. Thank you.
SUPERVISOR RUSSELL: Who else would like to address the Town Board?
ROBERT HARPER: Good evening, I am Robert Harper of Mattituck and I live on New Suffolk
Avenue. My wife Catherine and I came here 30 years ago next month and I think it's the longest
we've ever lived in one place and this is the reason for it. At one meeting, Councilman Ghosio,
you had said something that really stuck with me and I wrote it down, you said `people come
here because we have what they don't have' and they are not coming here to see CVS, they are
not coming here to see an empty Capital One building or McDonalds, they are coming, if you go
around that bend where Love Lane is, that's what they are coming here for. That's why we are
here and that's why we have been here for 30 years and that's why we have no intention of
leaving. I want to thank all of you for having the courage and the foresight to just put the brakes
on things. When development just kind of goes out of control, we get things that maybe we
don't need. And I just took a walk through Mattituck this morning, I took pictures of 32
properties, buildings that are vacant. Some of them have been vacant for years. One of them I
think 15 years is about, it's the little older pink building on the Main Road across from the
shopping center. If we do that kind of development, we are going to be stuck with buildings we
don't need and I will give you a personal example, Catherine and I do our business on Love
Lane. There is a post office there. We go to the post office, pick up our mail and we used across
the street and go to the bank and we would meet people, you'd say hello to them. That's what
this community is all about. Now we have to get into our car, drive up to the Main Road, go into
a parking lot and go to a building that at this point is lit 24 hours a day, as if you didn't know it
was there, it's not what Mattituck is. It's impersonal. It hasn't changed our lives for the better
and it's left an empty building on Love Lane. We have that building, we have on the corner, we
have the octagon building there which is a national register property. That building has been
vacant for the longest time. Going down Love Lane, I just noticed that there's another shop
where the little frame place used to be and that's got paper in the window. I think what you are
doing is saying let's take a moment, let's take a breath and let's see what we are really all about.
If I could just show you our community character document. This is a part of the CPF law and
on the first page is this lovely statement. The bucolic quality of the town is anchored by the
scenic quality, the culture and the history of the (inaudible) environment, landscapes and
waterscapes. The importance of preserving these qualities is paramount in maintaining the
quality of life in the town. If you think from the train bridge to let's say Handy Pantry, the
bucolic quality of the town, there's nobody coming here to see that. Let's think about what we
are going to do with this particular corridor. I thank you for your time.
SUPERVISOR RUSSELL: Bob, what was that that you said? They come here because we have
Temporary Moratorium Route 25, Love Lane
February 26, 2019 Public Hearing page 8
what they don't have?
COUNCLMAN GHOSIO: That's right.
SUPERVISOR RUSSELL: I would say the converse is also true, they come here because we
don't have what they have.
JOHN CARTER: Thank you very much for this opportunity. My name is John Carter, relative
disclosure, I am a member of the Mattituck-Laurel Civic Association, a member of its board.
But tonight I speak briefly as a citizen and to mirror Robert's remarks, I too thank you in all
frankness for the wisdom and the fortitude to make this proposal to protect Mattituck. I want to
highlight to highlight two points that I believe the proposal makes. The first is that Mattituck is
facing a range of opportunities and challenges and influences and point number two, Southold
Town and the Mattituck community (inaudible) need this time to study the work that's being
done, the work that has been done, to discuss it and ultimately address the challenges, the
opportunities and the influences that we are facing. I support your proposal including all the
comments made tonight, whether vocally or in writing and thank you again.
SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this
particular...
BARBARA SOLO: Hi, Barbara Solo, New Suffolk. I am here per the email that I got from the
civic association that we should stand with Mattituck people on this moratorium and I also want
to voice my opinion on (inaudible). I believe it's a hardware store, correct, that they want to put
in there?
SUPERVISOR RUSSELL: I don't want to address specific properties.
MS. SOLO: Alright. Alright. I remember when there used to be greenhouses for Wickham's
farm, hothouses on that road. Does anybody else remember that? Okay. And it didn't seem to
bother anybody but that is the worse intersection in the world to try to make a left turn out of. I
mean you can get backed up eight cars and wait and wait and wait. And on the other side also
and I agree with everybody that it is very dangerous there traffic wise. The people walking,
people crossing the road and I do agree with your moratorium and I hope that the right avenues
are brought up. Thank you.
SUPERVISOR RUSSELL: Who else would like to address the Town Board?
PHIL BARBATO: Phil Barbato, Jamesport. I am sitting here listening to this and I am so glad
that the town next door has some foresight and such intelligence to really take a second look at
this type of things and I am sorry I am just a couple of miles over the line. I applaud you on your
approach and I wish you great success. I am associated with civic associations in Riverhead and
(inaudible) so we are very interested in what's going on next door. Thank you for your efforts
and your intelligence.
Temporary Moratorium Route 25, Love Lane
February 26, 2019 Public Hearing page 9
SUPERVISOR RUSSELL: Thank you very much. Who else would like to address the Town
Board?
MERYL KRAMER: Hi, my name is Meryl Kramer, I am a Mattituck resident. I am also, I am
here as a citizen but I was a member of the professional committee that was evaluating Mattituck
designs, a central Mattituck design study that took place this past year. It was a design
assignment for students at the SUNY College of Environmental Science and Forestry, landscape
and architecture program. The professors and the students involved the study identified Love
Lane area of Mattituck being grouped together by five primary nodes. Node by the way from an
architecture standpoint or a landscape architecture standpoint is a place of importance for human
activity that intersect, thereby creating design opportunities and challenges. The studies goals
were two fold. One was the creation of an inviting, walkable destination (inaudible) that link
together the currently segregated southern and northern end of the Love Lane corridor, two, the
creation of traffic calming measures that avoid traffic jams (inaudible). The student ideas that
were presented to the Mattituck Laurel Civic Association are, some of them are now displayed
on Love Lane, I see people stopping and looking at them and they seem to be piquing a lot of
interest. As part of small professional committee that was made up of architects and landscape
architects over the summer, we prepared a powerpoint presentation summary, Scott, you were
there to hear the presentation, we shared the presentation with the Planning Department as well
but basically we were just trying to summarize the commonalities between the students design
applications. Everybody basically has the same goals, which again, I applaud you all, we all
applaud at the same ideas we have heard for years and years and years between the Mattituck
corridor study, the town comprehensive plan, the Mattituck stakeholders, we are all trying to
achieve a common goal and I think maybe now we are finally at the breaking point, were we all
are ready to actually make change and plan the future, so bravo to the Town Board for bringing
us this moratorium and I hope we can all work together to plan for (inaudible).
SUPERVISOR RUSSELL: Who else would like to address the Town Board on this public
hearing? Mr. Cortese?
MIKE CORTESE: Mike Cortese, Mattituck. Actually I live on the corridor itself. I started
living there in 1947 when I was born and have lived there most of my life. And we definitely
need (inaudible). Things we need, mostly traffic calming. I invite you to come to my house
(inaudible) and watch what happens on the border.
SUPERVISOR RUSSELL: I will say two things. We did pass the dark skies law and we have
received some compliance but we have a ways to go, without a doubt. And the other thing that I
would say in the interests of disclosure, Mr. Cortese was my high school science teacher, I will
judge how much weight I give your words based on the grades you gave me. But I do have to go
home and pull out some old report cards, because that was in the 9th grade.
MR. CORTESE: There was no grade on the senior play.
SUPERVISOR RUSSELL: Oh, that's right. I forgot. Who else would like to address the Town
Board on this local law?
Temporary Moratorium Route 25, Love Lane
February 26, 2019 Public Hearing page 10
COUNCILMAN RULAND: I would only like to address Mr. Cortese, Mike, it was refreshing to
hear from someone older than me. Since we grew up together, went to school together and did a
lot of things...
MR. CORTESE: A year difference.
COUNCILMAN RULAND: Yes, but you are the older and wiser. Thank you.
SUPERVISOR RUSSELL: Just so you know, not to interrupt this but a lady that had spoken
before about our past professional relationship with Mr. Finnegan,just shows you how small of a
town this his, Mr. Cortese was my teacher, Mr. Underwood was my teacher, when I graduated
Mattituck High School, Bill Ruland handed me my diploma as president of the school board. So,
who else would like to address the Town Board? Jim?
COUNCILMAN RULAND: How come he's not Mr. Underwood?
JIM UNDERWOOD: Too young. Jim Underwood, Laurel. I guess I am a little greedy, six
months? Is six months going to be an adequate time to assess what we have to? I am another
person, Riverhead transplant. I owned a home in Riverhead, in 1996 I saw the turn that
Riverhead was taking. In particular my concern was that the new K-Mart was going to have
traffic riding right through my neighborhood. Well, K-Mart is no longer and luckily I am out
here away from what is going on there. But I just wanted to bring that up in terms of why we are
sticking to six months when it might take longer.
SUPERVISOR RUSSELL: We reserved the right to extend it for as long as we need to, to get
the work done.
MR. UNDERWOOD: Okay.
SUPERVISOR RUSSELL: So the six month is just the timeframe outline but there is language
in there that allows us to extend longer.
MR. UNDERWOOD: Okay, thank you.
SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular
local law?
MR. HARPER: Can I just read a quick paragraph?
SUPERVISOR RUSSELL: Sure,please.
MR. HARPER: I was going to read the book but...I did read this quote, I think Councilman
Ruland, you heard this at one of our meetings, this is written by the Reverend Charles Craydon
who was the minister of the Presbyterian Church in Mattituck. He can't be here tonight because
Temporary Moratorium Route 25, Love Lane
February 26, 2019 Public Hearing page 11
this is from 1906. This obviously was written with love. He says, this was at the end of his
(inaudible). The hope is that this cherished book will fill satisfactorily its own place and need. It
will preserve the annals of the village and the old church and it is fondly hoped that it may help
to bind the hearts of the savage sons and daughters of Mattituck seal more closely to the old
home place. And that it may have influence in conserving the best elements of character and
marked individuality of the village for there is no other village like it. Mattituck is destined to
outgrow the limits of the past, its population, wealth and importance but she must not outgrow
our best traditions. A greater Mattituck let her become but ever the same Mattituck. Thank you.
SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this
particular local law? (No response) Motion to close the hearing?
This hearing was closed at 6:38 PM
'aL4
Eliza th A. Neville
Southold Town Clerk
#0002318950
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
weeks(s),successfully commencing on 03/07/2019
r
Principal Clerk
Sworn to before me this day of
CHRISTINA VOL I .
NOTARY PUBLIC-STATE OF NEW YORK
No 01V06105050
Qualified in Suffolk County
My Commission Expires februaly 28,2020
t1 ESEI': Tue Mar 05 10:46.31 EST 2019
LEGAL NOTICE
NOTICE OF ENACTMENT
A Local Law entitled,"A Local Law in
relation to a Temporary Moratorium on
the issuance of approvals and/or permits
by the Building Department, Planning
Board,Board of Trustees and the Zoning
Board of Appeals for the parcels of prop-
erty in the State Route 25 Love Lane Inter-
section and surrounding area has been EN-
ACTED by the Town Board of the Town of
Southold on February 26,2019.
The purpose of the Temporary Moratorium
is to allow for the expansion and completion
of the ongoing Traffic Study and the Town
Comprehensive Plan as well as to allow the
Town Board an opportunity to implement any
improvements to infrastructure and zone
changes that are recommended by the studies.
The proposed moratorium will expire six
(6)months after adoption unless extended by
the Town Board and would allow for applica-
tions to be exempt from the moratorium on a
hardship basis.The moratorium does not ap-
ply to residential uses or applications by fire
districts of other special districts.
This Local Law shall take effect imme-
diately upon filing with the Secretary of State
as provided by law.
The full text of the proposed local is
available for review in the Town Clerk's Of-
fice and on the Town's website.
Dated:February 26,2019
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth A.Neville,Southold Town Clerk
2318950
STEPHEN F. KIELY9 ESQ•
12850 Main Road
P.O. Box 567
Mattituck, New York 11961
(631)433-1929
peconicbaylaw@gmail.com gmail.comRECEIVED
February 25, 2019
Town of Southold Southold Town Clerk
Town Board
53095 Main Road
Southold, NY 11971
Re: Proposed Moratorium Re State Road 25-Initial Written Comment
Hon. Scott A. Russell,
Good afternoon. I am writing in connection with the proposed moratorium regarding the issuance
of approvals and/or permits for the parcels of property located within "The State Route 25 Love Lane
Intersection and Surrounding Area". I am in full support of the use of a moratorium, as I have an office
directly in the "heart" of the subject area and feel a temporary halt to development is warranted, due to
bona fide traffic concerns.
However, I question the effectiveness of said moratorium, if the moratorium does not include a
provision to stop the review of pending projects. The language in Section "2" of the proposed moratorium
seems to prohibit p-aly the issuance of approvals/permits for a period of (6) months. If that is indeed the
case, then this moratorium is "hollow", as pending applications may still be processed during said
moratorium, and could be approved, and a building permit issued, upon it being lifted,or soon thereafter,
In accordance with the above, I strongly urge the Board to put teeth into the moratorium by
incorporating a clause such as: "...and suspend any and all review of pending applications/projects within
The State Route 25 Love Lane Intersection and Surrounding Area". If the Board feels that such language
already exists within said proposal, clarification is clearly required or a vagueness claim may lie, because as
you are aware, such vagueness is construed against the drafter.
Thank you for taking my comments into account and please make this letter part of the record.
Thank you.
Best,
Stephen F. Kiely
r
Neville, Elizabeth
From: Neville, Elizabeth
Sent: Tuesday, February 26, 2019 4:14 PM
To: Doherty, Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon;Jim Dinizio;
Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda;
Russell, Scott; Silleck, Mary;Tomaszewski, Michelle; William Ruland
Subject: FW: Public Hearing
Attachments: 20190226160738.pdf
FYI
Elizabeth A. Neville; MMC
Southold Town Clerk, Registrar of Vital Statistics
Records Management Officer; FOIL Officer
Marriage Officer
PO Box 1179
Southold,NY 11971
Tel. 631 765-1800, Ext.228
Fax 631 765-6145
Cell 631 466-6064
From: Maria Markovic [mailto:MMarkovicCcbBurkeandSullivan.com]
Sent: Tuesday, February 26, 2019 3:59 PM
To: Neville, Elizabeth; Born, Sabrina
Cc: peconicbaylaw gmail.com
Subject: Public Hearing
Hon. Elizabeth A. Neville,
On behalf of Steve Kiely, Esq. please see the attached document. Please have this read into the record for the
Moratorium Public Hearing.
Best,
Maria Markovic, Legal Assistant
BURKE&SULLIVAN, PLLC
Attorneys at Law
41 Meeting House Lane
Southampton, NY 11968
Tel: 631-283-4111
Fax: 631-283-7711
Web:www.burkeandsullivan.com
*Wire Fraud is Real*. Before wiring any money-, please call this office to confirm our �,\Iring instructions. We
will never email you complete<<viring instructions.
1
#0002314550
r
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
weeks(s),successfully commencing on 02/21/2019
r
Principal Clerk
Sworn to before me this day of _
CHRISTINA VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
No 01V06105050
Qualified In Suffolk County
My Commiss10H Ekgifek"e))TUGly 2"22ft20
11'PESEf: Fri Feb 15 14 06:09 EST 2019
of impacts to other intersections in the area prior to the effective date of this Local Law,
LEGAL NOTICE where Main Road intersects with local roads. obtained all permits required for construction
NOTICE OF PUBLIC HEARING Although the present study is analyzing three of a building on any property located in the
NOTICE IS HEREBY GIVEN,that there intersections in the area, there are 5 more State Route 25 Love Lane Intersection and
has been presented to the Town Board of the intersections in the area where Main Road Surrounding Area including later applications
Town of Southold, Suffolk County, New intersects with a local road where there is no to repair or alter,but not enlarge,any such
York,on the 12th day of February 12,2019,a signal and/or no crosswalk to safeguard pe- building otherwise prohibited during the pe-
Local Law entitled"A Local Law in relation destrians. Therefore, after reviewing initial riod of this temporary moratorium.
to a Temporary moratorium on the issu- drafts of the traffic study,the Board is of the 2) To any permit or application regarding a
ance of approvals and/or permits for the opinion that the traffic study needs to be ex- single family dwelling unit to be used solely
parcels of property in"The State Route 25 panded to address these additional intersec- for residential purposes.
Love Lane Intersection and surrounding tions along Main Road. 3) To any application by a municipal cor-
area"and In addition to the traffic study commis- poration or special district or fire district.
NOTICE IS HEREBY FURTHER sioned by the Town Board, the Town of Section 5.AUTHORITY TO SUPERCEDE
GIVEN that the Town Board of the Town of Southold Planning Board has recently c om- To the extent and degree any provisions of
Southold will hold a public hearing on the pleted a study of the parking in the Love Lane this Local Law are construed as inconsistent
aforesaid Local Law at Southold Town Hall, area and determined that there is a need for with the provisions of Town Law sections
53095 Main Road,Southold,New York,on more public parking in the area 264,265, 265-a, 267, 267-a, 267-b,274-a,
the 26th day of February,2019 at 4:31 p.m. The Town Board is also nearing completion 274-b,and 276,this Local Law is intended
at which time all interested persons will be of updates to the Town Comprehensive Plan pursuant to Municipal Home Rule Law sec-
given an opportunity to be heard. and expects to be in a position to adopt those tions 10(1)(ii)(d)(3)and section 22 to super-
The proposed Local Law entitled,A Local changes over the next several months. The cede any said inconsistent authority.
Law in relation to a Temporary mor- Comprehensive Plan will also contain recom- Section 6. VARIANCE TO THIS MOR-
atorium on the issuance of approvals and/ mendations as to infrastructure improvements ATORIUM
or permits for the parcels of property in and land use at the Route 25 and Love Lane Any person or entity suffering unnecessary
"The State Route 25 Love Lane Intersec- intersection and surrounding area. hardship as that term is used and construed in
tion and surrounding area"reads as fol- The Town Board wishes to be able to Town Law section 267-b(2)(b),by reason of
lows: consider the proposals and recommendations the enactment and continuance of this mor-
LOCAL LAW NO. 2019 contained in the various aforementioned atorium may apply to the Town Board for a
A Local Law entitled,"A Local Law in plans;consider various alternatives to current variance excepting the person's or entity's
relation to a Temporary moratorium on zoning along Main Road;as well as imple- premises or a portion thereof from the tem-
the issuance of approvals and/or permits ment improvements to the infrastructure and porary moratorium and allowing issuance of a
for the parcels of property in"The State adopt any recommended land use changes,to permit all in accordance with the provisions
Route 25 Love Lane Intersection and sur- insure the health,safety and welfare of the of this Southold Town Code applicable to
rounding area". community to address the recent drastic in- such use or construction
A Local Law entitled,"A Local Law in creased demands on the infrastructure in the Section 7.SEVERABILITY
relation to a Temporary moratorium on the area around the Main Road/Love Lane Inter- If any clause,sentence,paragraph,section,
issuance of approvals and/or permits for the section and surrounding area. or part of this Local Law shall be adjudged by
parcels of property in"The State Route 25 Given the reasons and facts set forth above any court of competent jurisdiction to be in-
Love Lane Intersection and surrounding and until the planning process is completed, valid,the judgment shall not impair or invali-
area". the Town Board finds it necessary to impose a date the remainder of this Local Law.
BE IT ENACTED by the Town Board of the moratorium as set forth below.This action is Section 8.EFFECTIVE DATE
Town of Southold,as follows: necessary in order to protect the character, This Local Law shall take effect imme-
Section 1.Purpose public health,safety and welfare of the resi- diately upon filing with the Secretary of State
The Town Board recognizes that in the area dents of the hamlet of Mattituck as well as Dated.February 12,2019
of the intersection of State Route 25 (a/k/a those visiting the Love Lane area. BY THE ORDER OF THE
"Main Road")and Love Lane there is insuffi- Section 2. ENACTMENT OF A TEMPO- SOUTHOLD TOWN BOARD
cient infrastructure to handle the drastic in- RARY MORATORIUM Elizabeth A.Neville
crease in traffic in recent years and to allow Until six(6)months from the effective date Southold Town Clerk
for the safe passage of pedestrians to safely of this Local Law,after which this Local Law 2314550
cross Main Road at the Love Lane intersec- shall lapse and be without further force and
tion as well as at other intersections immedi- effect and subject to any other Local Law
ately to the East and West of the adopted by the Town Board during the six(6)
aforementioned intersection.This lack of in- month period,no agency,board,board officer
frastructure puts the health,safety and welfare or employee of the Town of Southold includ-
of the public at risk. The residents of the ing but not limited to,the Town Board,the
hamlet of Mattituck and the surrounding areas Zoning Board of Appeals,the Trustees,the
have voiced their concerns regarding the risk Planning Board,or the Building Inspector(s)
to the health,safety and welfare of the com- issuing any building permit pursuant to any
munity and the need for improvements to the provision of the Southold Town Code,shall
infrastructure at the intersection of Main issue,cause to be issued or allow to be issued
Road and Love Lane. Similarly,local busi- any approval,special exception,variance,site
ness owners have identified the traffic issues plan,building permit,subdivision,or permit
along Route 25 and Love Lane as has having a for any of the property situated along State
negative effect on local businesses. Route 25,bounded on the West by intersec-
Although Main Road is a road owned and tion of State Rout3 25 and Bay Avenue and
maintained by the State of New York, the bounded on the East by the intersection of
Town Board has commissioned a traffic study State Route 25 and Pike Street.
of this area to identify the issues that need to Section 3. DEFINITION OF"THE STATE
be addressed and propose solutions and im- ROUTE 25 LOVE INTERSECTION AND
provements to the infrastructure.The traffic SURROUNDING AREA"
study has reached a critical phase wherein the The State Route 25 and Love Lane inter-
Town is meeting with New York State Depart- section and surrounding area is hereby de-
ment of Transportation officials to determine fined as the area bounded by the following
which of the various proposed improvements public roads:All properties along State Route
to the infrastructure the State would deem 25 in the hamlet of Mattituck,bounded by the
acceptable and willing to implement or allow intersection of State Route 25 and Bay Ave on
the Town to implement. the West and State Route 25 and Pike Street
The Town Board realizes that,based on the on the East.
proposed infrastructure improvements to im- Section 4.EXCLUSIONS
prove traffic flow at the intersection of Main This Local Law shall not apply.
Road and Love Lane contained in the initial 1) to any person or entity who/which has,
draft of the Traffic Study,there is a possibility
S�FFOL�'
ELIZABETH A. NEVILLE,MMC A� Cej Town Hall,53095 Main Road
�� �� P.O.Box 1179
TOWN CLERK
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS . Fax(631)765-6145
MARRIAGE OFFICER ,�. fit. Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER ®l ��+ www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE 1OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 4, 2019
Priority Mail Express� L'E 18 6 316 4 2 7 U S ;
RE: Local Law No. 1 of 2019
Town of Southold, Suffolk County
New York State Department of State
State Records &Law Bureau
One Commerce Plaza
99 Washington Avenue
Albany;NY 12231
Dear Sir/Madam:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I
am enclosing herewith certified copy of Local Law No. 1 of 2019 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,
Lynda M Rudder
Deputy Town Clerk
Enclosures
cc: Town Attorney
NEW YORK STATE DEPARTMENT OF STATE
Division of Corporations,State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
Albany,NY 12231-0001
Local Law Filing
(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
Q Town of SOUTHOLD
❑ Village
Local Law No. _ 1 _ of the year 2019 .
A Local Law entitled, A Local-Law in relation to a Temporary_moratorium on the issuance of approvals
and/or permits for, the parcels of property in "The State Route 25 Love Lane Intersection and
surrounding
Be it enacted the Town Board of the:
❑ County
❑ City
Q Town of _SOUTHOLD
❑ Village ,
Section 1. Purpose
The Town Board recognizes that in the area of the intersection of State Route 25 (a/k/a"Main Road")
and Love Lane there is insufficient infrastructure to handle the drastic increase in traffic in recent years and to
allow for the safe passage of pedestrians to safely cross Main Road at the Love Lane intersection as well as at
other intersections immediately to the East and West of the aforementioned intersection. This lack of
infrastructure puts the health, safety and welfare of the public at risk. The residents of the hamlet of Mattituck
and`the surrounding areas have voiced their concerns regarding the risk to the health, safety and welfare of the
community.and the need for improvements to the infrastructure at the intersection of Main Road and Love '
Lane. Similarly, local business owners have identified the traffic issues along Route 25 and Love Lane as has
having a negative effect on local businesses.
Although Main Road is a road owned and maintained by the State of New York, the Town Board has
commissioned a traffic study of this area to identify the issues that need to be addressed and propose solutions
and improvements to the infrastructure. The traffic study has reached a critical phase wherein the Town is
meeting with New York State Department of Transportation officials to determine which of the various
proposed improvements to the infrastructure the State would deem acceptable and willing to implement or
allow the Town to implement.
(If additional space is needed, attach pages the same size as this sheet,and number each.)
DOS-239-f-I(Rev 04/14) ,
1
The Town Board realizes that, based on the proposed infrastructure improvements to improve traffic
flow at the intersection of Main Road and Love Lane contained in the initial draft of the Traffic Study,there is a
possibility of impacts to other intersections in the area where Main Road intersects with local roads. Although
the present study is analyzing three intersections in the area, there are 5 more intersections in the area where
Main Road intersects with a local road where there is no signal and/or no crosswalk to safeguard pedestrians.
Therefore, after reviewing initial drafts of the traffic study, the Board is of the opinion that the traffic study
needs to be expanded to address these additional intersections along Main Road.
In addition to the traffic study commissioned by the Town Board, the Town of Southold Planning Board
has recently completed a study of the parking in the Love Lane area and determined that there is a need for
more public parking in the area.
The Town Board is also nearing completion of updates to the Town Comprehensive Plan and expects to
be in a position to adopt those changes over the next several months. The Comprehensive Plan will also contain
recommendations as to infrastructure improvements and land use at the Route 25 and Love Lane intersection
and surrounding area.
The Town Board wishes to be able to consider the proposals and recommendations contained in the
various aforementioned plans; consider various alternatives to current zoning along Main Road; as well as
implement improvements to the infrastructure and adopt any recommended land use changes, to insure the
health, safety and welfare of the community to address the recent drastic increased demands on the
infrastructure in the area around the Main Road/Love Lane Intersection and surrounding area.
Given the reasons and facts set forth above and until the planning process is completed, the Town Board
finds it necessary to impose a moratorium as set forth below. This action is necessary in order to protect the
character, public health, safety and welfare of the residents of the hamlet of Mattituck as well as those visiting
the Love Lane area.
Section 2. ENACTMENT OF A TEMPORARY MORATORIUM
Until six (6) months from the effective date of this Local Law, after which this Local Law shall lapse
and be without further force and effect and subject to any other Local Law adopted by the Town Board during
the six (6) month period, no agency, board, board officer or employee of the Town of Southold including but
not limited to, the Town Board, the Zoning Board of Appeals, the Trustees, the Planning Board , or the Building
Inspector(s) issuing any building permit pursuant to any provision of the Southold Town Code, shall issue,
cause to be issued or allow to be issued any approval, special exception, variance, site plan, building permit,
subdivision, or permit for any of the property situated along State Route 25, bounded on the West by
intersection of State Rout3 25 and Bay Avenue and bounded on the East by the intersection of State Route 25
and Pike Street,
Section 3. DEFINITION OF "THE STATE ROUTE 25 LOVE INTERSECTION AND SURROUNDING
AREA"
The State Route 25 and Love Lane intersection and surrounding area is hereby defined as the area
bounded by the following public roads: All properties along State Route 25 in the hamlet of Mattituck,
bounded by the intersection of State Route 25 and Bay Ave on the West and State Route 25 and Pike Street on
the East.
Section 4. EXCLUSIONS
This Local Law shall not apply:
1) to any person or entity who/which has, prior to the effective date of this Local Law, obtained
all permits required for construction of a building on any property located in the State Route
25 Love Lane Intersection and Surrounding Area including later applications to repair or
alter, but not enlarge, any such building otherwise prohibited during the period of this
temporary moratorium.
2) To any permit or application regarding a single family dwelling unit to be used solely for
2
residential purposes.
3) To any application by a municipal corporation or special district or fire district.
Section 5. AUTHORITY TO SUPERCEDE
To the extent and degree any provisions of this Local Law are construed as inconsistent with the
provisions of Town Law sections 264, 265, 265-a, 267, 267-a, 267-b, 274-a, 274-b, and 276, this Local Law is
intended pursuant to Municipal Home Rule Law sections I0(1)(ii)(d)(3) and section 22 to supercede any said
inconsistent authority.
Section 6. VARIANCE TO THIS MORATORIUM
Any person or entity suffering unnecessary hardship as that term is used and construed in Town Law
section 267-b(2)(b), by reason of the enactment and continuance of this moratorium may apply to the Town
Board for a variance excepting the person's or entity's premises or a portion thereof from the temporary
moratorium and allowing issuance of a permit all in accordance with the provisions of this Southold Town Code
applicable to such use or construction.
Section 7. 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 impair or invalidate the remainder of this Local
Law.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State.
(Complete the certification in the paragraph that applies to the filing of this local law and
3
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. 1 of 20 19 . of the
(Gounty)( (Town) ) of SOUTHOLD was duly passed by the
TOWN BOARD on February 26 ,20 19 , 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(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.
DOS-239-f-I(Rev 04/14)
4
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 ofdirk
County legislative body, City,Town or
(Seal) Village or officer designated by local legislative body
Elizabeth A.Neville,Town Clerk
Date: March 4,2019
DOS-239-f-1(Rev 04/14)
5
Southold Town Board - Letter Board Meeting of February 26,20,19
"RESOLUTION 2019-214 Item # 5.43
ADOPTED DOC ID: 14987
�a ,
THIS IS"TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-214 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 26,2019:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 12`h day of February 12, 2019, a Local Law entitled "A Local Law in
relation to a Temporary moratorium on the issuance of approvals and/or permits for the
parcels of property in "The State Route 25 Love Lane Intersection and surrounding area"
and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard,NOW
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled,•A Local Law in relation to a Temporary moratorium on the'issuance of
approvals and/or permits for the parcels of property in "The State Route 25 Love Lane
Intersection and surrounding area"reads as follows:
LOCAL LAW NO.—1 , 2019
A Local Law entitled, "A Local Law in relation to a Temporary moratorium on the issuance,
of approvals and/or permits for the parcels of property in"The State Route 25 Love Lane
Intersection and surrounding area"
A Local Law entitled, "A Local Law in relation to a Temporary moratorium on the issuance
of approvals and/or permits for the parcels of property in "The State Route 25 Love Lane
Intersection and surrounding area" .
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
Section 1. Purpose
The Town Board recognizes that in the area of the intersection,of State Route 25 (a/k/a
"Main Road") and Love Lane there is insufficient infrastructure to handle the drastic increase in�
traffic in recent years and to allow for the safe passage of pedestrians to safely cross Main'Road
at the Love Lane intersection as well as at other intersections immediately to the East,and West
of the aforementioned intersection.,This lack of infrastructure puts the health, safety and welfare
of the public at risk. The residents of the hamlet of Mattituck and the surrounding areas have
Generated March 4, 2019 Page 64
Southold Town Board - Letter Board Meeting of February 26, 2019
voiced their concerns regarding the risk to the health, safety and welfare of the community and
the need for improvements to the infrastructure at the intersection of Main Road and Love Lane.
Similarly, local business owners have identified the traffic issues along Route 25 and Love Lane
as has having a negative effect on local businesses.
Although Main Road is a road owned and maintained by the State of New York,the
Town Board has commissioned a traffic study of this area to identify the issues that need to be
addressed and propose solutions and improvements to the infrastructure. The traffic study has
reached a critical phase wherein the Town is meeting with New York State Department of
Transportation officials to determine which of the various proposed improvements to the
infrastructure the State would deem acceptable and willing to implement or allow the Town to
implement.
The Town Board realizes that, based on the proposed infrastructure improvements to
improve traffic flow at the intersection of Main Road and Love Lane contained in the initial draft
of the Traffic Study, there is a possibility of impacts to other intersections in the area where Main
Road intersects with local roads. Although the present study is analyzing three intersections in
the area,there are 5 more intersections in the area where Main Road intersects with a local road
where there is no signal and/or no crosswalk to safeguard pedestrians. Therefore, after reviewing
initial drafts of the traffic study, the Board is of the opinion that the traffic study needs to be
expanded to address these additional intersections along Main Road.
In addition to the traffic study commissioned by the Town Board, the Town of Southold
Planning Board has recently completed a study of the parking in the Love Lane area and
determined that there is a need for more public parking in the area.
The Town Board is also nearing completion of updates to the Town Comprehensive Plan
and expects to be in a position to adopt those changes over the next several months. The
Comprehensive Plan will also contain recommendations as to infrastructure improvements and
land use at the Route 25 and Love Lane intersection and surrounding area.
The Town Board wishes to be able to consider the proposals and recommendations
contained in the various aforementioned plans; consider various alternatives to current zoning
along Main Road; as well as implement improvements to the infrastructure and adopt any
recommended land use changes, to insure the health, safety and welfare of the community to
address the recent drastic increased demands on the infrastructure in the area around the Main
Road/Love Lane Intersection and surrounding area.
Given the reasons and facts set forth above and until the planning process is completed,
the Town Board finds it necessary to impose a moratorium as set forth below. This action is
necessary in order to protect the character, public health, safety and welfare of the residents of
the hamlet of Mattituck as well as those visiting the Love Lane area.
Section 2. ENACTMENT OF A TEMPORARY MORATORIUM
Until six (6) months from the effective date of this Local Law, after which this Local
Law shall lapse and be without further force and effect and subject to any other Local Law
adopted by the Town Board during the six (6) month period, no agency,board, board officer or
employee of the Town of Southold including but not limited to,the Town Board, the Zoning
Board of Appeals, the Trustees, the Planning Board , or the Building Inspector(s) issuing any
building permit pursuant to any provision of the Southold Town Code, shall issue, cause to be
Generated March 4, 2019 Page 65
FJ
Southold Town Board - Letter Board Meeting of February 26, 2019
issued or allow to be issued any approval, special exception, variance, site plan, building permit,
subdivision, or permit for any of the property situated along State Route 25, bounded on the
West by intersection of State Rout3 25 and Bay Avenue and bounded on the East by the
intersection of State Route 25 and Pike Street.
Section 3. DEFINITION OF "THE STATE ROUTE 25 LOVE INTERSECTION AND
SURROUNDING AREA"
The State Route 25 and Love Lane intersection and surrounding area is hereby defined as
the area bounded by the following public,roads: All properties along State Route 25 in the
hamlet of Mattituck, bounded by the intersection of State Route 25 and Bay Ave on the West and
State Route 25 and Pike Street on the East.
Section 4. EXCLUSIONS
This Local Law shall not apply:
1) to any person or entity who/which has, prior to the effective date of this Local
Law, obtained all permits required for construction of a building on any
property located in the State Route 25 Love Lane Intersection and Surrounding
Area including later applications to repair or alter, but not enlarge, any such
building otherwise prohibited during the period of this temporary moratorium.
2) To any permit or application regarding a single family dwelling unit to be used
solely for residential purposes.
3) To any application by a municipal corporation or special district or fire district.
Section 5. AUTHORITY TO SUPERCEDE
To the extent and degree any provisions of this Local Law are construed as inconsistent
with the provisions of Town Law sections 264, 265, 265-a, 267, 267-a, 267-b, 274-a, 274-b, and
276,this Local Law is intended pursuant to Municipal Home Rule Law sections 10(1)(ii)(d)(3)
and section 22 to supercede any said inconsistent authority.
Section 6. VARIANCE TO THIS MORATORIUM
Any person or entity suffering unnecessary hardship as that term is used and construed in
Town Law section 267-b(2)(b), by reason of the enactment and continuance of this moratorium
may apply to the Town Board for a variance excepting the person's or entity's premises or a
portion thereof from the temporary moratorium and allowing issuance of a permit all in
accordance with the provisions of this Southold Town Code applicable to such use or
construction.
Section 7. 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 impair or invalidate the
remainder of this Local Law.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State.
Generated March 4, 2019 Page 66
Southold Town Board - Letter Board Meeting of February 26, 2019
���?2 'V
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert Ghosio, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans,Russell
Generated March 4, 2019 Page 67
Neville, Elizabeth
From: Reisenberg, Lloyd
Sent: Thursday, February 28, 2019 2:23 PM
To: Neville, Elizabeth
Subject: RE: Printout-14987-1034-M50841
Posted
Lloyd H. Reisenberg
Network and Systems Administrator
Town of Southold, New York
www.southoldtownny.gov
Iloydr southoldtownny.go_
0: 631-765-18911 M:631-879-1554 I F: 631-765-5178
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged
information. 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: Neville, Elizabeth
Sent:Thursday, February 28, 2019 12:38 PM
To: Reisenberg, Lloyd <Lloyd Reisenberg@town.southold.ny.us>
Subject: Printout-14987-1034-M50841
Importance: High
Hi Lloyd,
Would you please place this Town Board Resolution Enacting the Moratorium" in a prominent place on the town
Website?
Thank you
Betty
Elizabeth A.Neville, MMC
Southold Town Clerk, Registrar of Vital Statistics
Records Management Officer; FOIL Officer
Marriage Officer
PO Box 1179
Southold,NY 11971
Tel.631 765-1800, Ext.228
Fax 631 765-6145
Cell 631466-6064
1
Times Review Media Group
P.O.13oE5 ,0 11952
Mattrtuc
Phone:(6 1)298-3200
IlOTVOICE/RECEIPT
Ad/Order#:0002318950 03/04/2019
SOUTHOLD TOWN Salesperson:LEGAL NOTICES T/R
BOARD-LGL 178826 Description:
PO BOX 1179 SOUTHOLD TOWN BOARD/LN,
SOUTHOLD NY 11971-0959 (631)765-4333
Phone:(631)765-4333 LYNDA.RUDDER@TOWN.SOUTHOLD.NY.US
Promo Code: Size: 1.02 x 4.37 Color: Total Weeks: 1
Product Category Classification Insertions Period
SUFFOLK TIMES CLASSIFIED LEGALCL LEGALS 03/07/19
Pricing Information: Sub Total: 34.62
Total Due: 34.62
Ad Taker:LEGAL NOTICES T/R
LEGAL NOTICE
NOTICE OF ENACTMENT
A Local Law entitled,"A Local Law in
relation to a Temporary Moratorium on
the issuance of approvals and/or permits
by the Building Department, Planning
Board,Board of Trustees and the Zoning
Board of Appeals for the parcels of prop-
erty in the State Route 25 Love Lane Inter-
section and surrounding area has been EN-
ACTED by the Town Board of the Town of
Southold on February 26,2019.
The purpose of the Temporary Moratorium
is to allow for the expansion and completion
of the ongoing Traffic Study and the Town
Comprehensive Plan as well as to allow the
Town Board an opportunity to implement any
improvements to infrastructure and zone
changes that are recommended by the studies
The proposed moratorium will expire six
(6)months after adoption unless extended by
the Town Board and would allow for applica-
tions to be exempt from the moratorium on a
hardship basis The moratorium does not ap-
ply to residential uses or applications by fire
districts of other special districts
This Local Law shall take effect imme-
diately upon filing with the Secretary of State
as provided by law
The full text of the proposed local is
available for review in the Town Clerk's Of-
fice and on the Town's website
Dated February 26,2019
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth A Neville,Southold Town Clerk
2318950
PLEASE NOTE CANCELLATION POLICY FOR LEGAL NOTICES: All ads are billed
for entire run upon first publication date. Cancellations for publication dates can be made but
there will be no adjustment to cost and refunds will not be given. There are no exceptions to
y
Kimberly Gersic
Sales Production Assistant
631.354.8013(direct)
kaersic@timesreview.com
www.timesreview.com
From: "Neville, Elizabeth" <E.Neville@town.southold.ny.us>
Date: Monday, March 4, 2019 at 8:31 AM
To: Lindsay Riemer<legals@timesreview.com>
Cc: "Rudder, Lynda" <Ivnda.rudder@town.southold.nv.us>, "Lisa Finn (lisaahfinn@gmail.com)" <lisaahfinn@gmail.com>,
"Michaelis,Jessica" <iessicam@southoldtownny.gov>, "Reisenberg, Lloyd"<Lloyd.Reisenberg @town.southold.ny.us>,
"Southold Local (denise@southoldlocal.com)"<denise@southoldlocal.com>, "Dinizio,James"
<iames.dinizio@town.southold.nv.us>, "Doherty,Jill"<jill.doherty@town.southold.nv.us>, "Doroski, Bonnie"
<Bonnie.Do roski@town.southold.ny.us>, "Ghosio, Bob" <bob.ghosio@town.southold.ny.us>, Louisa Evans
<IpevanM6390@gmail.com>, "Neville, Elizabeth"<E.Nevil le@town.southoId.ny.us>, "Noncarrow, Denis"
<denisn@southoldtownny.gov>, "Norklun,Stacey" <Stacey.Norklun@town.southold.ny.us>, "Russell,Scott"
<scottr@southoldtownny.gov>, "Standish, Lauren"<Lauren.Standish@town.southold.nv.us>, "Tomaszewski, Michelle"
<michellet@town.southold.nv.us>, William Ruland<rulandfarm@vahoo.com>, "Duffy, Bill" .
<billd@southoldtow6ny.gov>, "Hagan, Damon"<damonh@southoldtownny.gov>, "Silleck, Mary"
<marvs@town.southold.nv.us>
Subject: LEGAL NOTICE Moratorium Enactment
Please publish in the March 7, 2019 edition of the Suffolk Times and on the Town website,thank you.
Elizabeth A. Neville, MMC
Southold Town Clerk,Registrar of Vital Statistics
Records Management Officer;FOIL Officer
Marriage Officer ,
PO Box 1179
Southold,NY 11971
Tel.,631 765-1800,Ext.228
Fax 631 765-6145
Cell 631466-6064
2
TYPESET Mon Mar 04 10 10 23 EST 2019
LEGAL NOTICE
NOTICE OF ENACTMENT
A Local Law entitled,"A Local Law in
relation to a Temporary Moratorium on
the issuance of approvals and/or permits
by the Budding Department, Planning
Board,Board of Trustees and the Zoning
Board of Appeals for the parcels of prop-
erty in the State Route 25 Love Lane Inter-
section and surrounding area has been EN-
ACTED by the Town Board of the Town of
Southold on February 26,2019.
The purpose of the Temporary Moratorium
is to allow for the expansion and completion
of the ongoing Traffic Study and the Town
Comprehensive Plan as well as to allow the
Town Board an opportunity to implement any
improvements to infrastructure and zone
changes that are recommended by the studies
The proposed moratorium will expire six
(6)months after adoption unless extended by
the Town Board and would allow for applica-
tions to be exempt from the moratorium on a
hardship basis The moratorium does not ap-
ply to residential uses or applications by fire
districts of other special districts
This Local Law shall take effect imme-
diately upon filing with the Secretary of State
as provided by law
The full text of the proposed local is
available for review in the Town Clerk's Of-
fice and on the Town's website
Dated February 26,2019
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth A Neville,Southold Town Clerk
2318950
pT��imes Review Media Group
MGatt'u'O 11952
Phone:(6 1)298-3200
this policy.
Times Review Media Group
P.O.�0 1 0
Mattrtuck Y 11952
Phone:(6�1)298-3200
INVOICE/RECEIPT
Ad/Order#:0002314550 02/15/2019
SOUTHOLD TOWN Salesperson:LEGAL NOTICES T/R
BOARD-LGL 178826 Description:TEMP MORATORIUM RTE
PO BOX 1179 25
SOUTHOLD NY 11971-0959 SOUTHOLD TOWN BOARD/LN,
Phone:(631)765-4333 (631)765-4333
LYNDA.RUDDER@TOWN.SOUTHOLD.NY.US
Promo Code: Size: 1.02 x 25.26 Color: Total Weeks: 1
Product Category Classification Insertions Period
SUFFOLK TIMES CLASSIFIED LEGALCL LEGALS 02/21/19
Pricing Information: Sub Total: 104.53
Total Due: 104.53
Ad Taker:LEGAL NOTICES T/R
SUMMARY OF LL/ADOPTING TEMPORARY
MORATORIUM
"A Local Law in relation to a Temporary moratorium
on the issuance of approvals and/or permits for the
parcels of property in "The State Route 25 Love Lane
Intersection and surrounding area"
THE PROPOSED LOCAL LAW FOR WHICH A PUBLIC A PUBLIC HEARING IS BEING
HELD THIS EVENING PROPOSES A TEMPORARY MORATORIUM ON THE ISSUANCE
OF APPROVALS OR PERMITS BY THE BUILDING DEPARTMENT, PLANNING BOARD,
BOARD OF TRUSTEES, AND THE ZONING BOARD OF APPEALS.
THE PROPERTIES AFFECTED BY THE TEMPORARY MORATORIUM ARE THOSE
PROPERTIES ON EITHER SIDE OF, AND ADJACENT TO, STATE ROUTE 25 IN
MATTITUCK, FROM THE INTERSECTION OF STATE ROUTE 25 AND BAY AVE TO THE
INTERSECTION OF STATE ROUTE 25 AND PIKE STREET.
THE PURPOSE OF THE TEMPORARY MORATORIUM IS TO ALLOW FOR THE
EXPANSION AND COMPLETION OF THE ONGOING TRAFFIC STUDY AND THE TOWN
COMPREHENSIVE PLAN AS WELL AS TO ALLOW THE TOWN BOARD AN
OPPORTUNITY TO IMPLEMENT ANY IMPROVEMENTS TO INFRASTRUCTRE AND
ZONE CHANGES THAT ARE RECOMMENDED BY THE STUDIES.
THE PROPOSED MORATORIUM, IF ADOPTED, WOULD EXPIRE SIX MONTHS AFTER
ADOPTION UNLESS EXTENDED BY THE TOWN BOARD AND WOULD ALLOW FOR
APPLICATIONS TO BE EXEMOPT FROM THE MORATORIUM ON A HARDSHIP BASIS.
THE MORATORIUM DOES NOTAPPLYTO RESIDENTIAL USES OR APPLICATIONS BY
FIRE DISTRICTS OR OTHER SPECIAL DISTRICTS.
THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN
THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE
changes over the next several months.The r
Comprehensive Plan will also contain recom-
mendations as to infrastructure improvements
44 1 FEBRUARY 21, 2019 I SUFFOLKTIMES COM and land use at the Route 25 and Love Lane
intersection and surrounding aiea
The Town Board wishes to be able to
LEGALS continuedfrom 38, consider the proposals and recommendations
contained in the various aforementioned
LEGAL NOTICE plans,consider various alternatives to current
NOTICE OF PUBLIC HEARING zoning along Main Road,as well as imple-
NOTICE IS HEREBY GIVEN,that there ment improvements to the infrastructure and
has been presented to the Town Board of the I adopt any recommended land use changes,to
Town of Southold, Suffolk County, New insure the health, safety and welfare of the
York,on the 12th day of February 12,2019,a community to address the recent drastic in-
Local Law entitled"A Local Law in relation creased demands on the infrastructure in the
to a Temporary moratorium on the issu- area around the Main Road/Love Lane Inter-
ance of approvals and/or permits for the
i parcels of property in"The State Route 25 section and surrounding area
Given the reasons and facts set forth above
Love Lane Intersection and surrounding and until the planning process is completed,
area"andE
NOTICE IS HEREBY FURTHER the Town Board finds it necessary impose a I
GIVEN that the Town Board of the Town of moratorium as set forth below Thisis action r,
Southold will hold a public hearing on the necessary m order to protect the character,
aforesaid Local Law at Southold Town Hall, public health,safety and welfare of the well
as
53095 Main Road,Southold,New York,on dents of the hamlet of L a e areauck as well as
the 26th da of February,2019 at 4:31 m. those visiting the Love Lane area
y �' p i Section 2 ENACTMENT OF A TEMPO-
at which time all interested persons will be RARY MORATORIUM
given an opportunity to be heard Until six(6)months from the effective date
The proposed Local Law entitled,A Local it of this Local Law,after which this Local Law ;
Law in relation to a Temporary mor- shall lapse and be without further force and
atorium on the issuance of approvals and/ effect and subject to any other Local Law
or permits for the parcels of property in 'adopted by the Town Board during the six(6) i
The State Route 25 Love Lane Intersex- month period,no agency,board,board officer
tion and surrounding area" reads as fol-
or employee of the Town of Southold mclud-
lows
' LOCAL LAW NO. 2019 ing but not hunted to,the Town Board,the
Law entitled, "A Local Law in Zoning Board of Appeals,the Trustees,the
A Local ,
Planning Board,or the Building Inspector(s)
relation to a Temporary moratorium on
issuing any g permit pursuant to any
the issuance of approvals and/or permits he S
t
for the parcels of property in"The State provision of the Southold Town Code,shall
Route 25 Love Lane Intersection and sur- issue,cause to be issued or allow ar be issued -
I any approval,special exception,variance,site
rounding area".
A Local Law entitled, "A Local Law in plan,building permit,subdivision,or permit
for any of the property situated along State
relation to a Temporary moratorium on the
Route bounded on the West
issuance of approvals and/or permits for the St Avenue and tion of St
parcels of property in"The State Route 25 ate Rout3 25 and Bay A
Love Lane Intersection and surrounding bounded the East by the intersection of
State Routeto 25 and Pike Street
area".
BE IT ENACTED by the Town Board of the Section 3.DEFINITION OF"THE STATE
Town Southold,b follows ROUTE 25 LOVE INTERSECTION AND ,
SURROUNDING AREA"
Section 1.Purpose The State Route 25 and Love Lane inter-
The Town Board recognizes that in the area section and surrounding area is hereby de-
of the intersection of State Route 25 (a/k/a
"Main fined as the area bounded by the following
Main Road")and Love Lane there is insu
cient infrastructure to handle the drastic in- public roads.All properties along State Route
n Route
intersection of State Routee 2 25 and Bay Aveon
crease in traffic in recent years and to allow iin the hamlet of utbounded the
for the safe passage of pedestrians to safely n5
the West and State Route 25 and Pike Street
cross Main Road at the Love Lane mtersec-
on the East.
tion as well as at other intersections imedi-
m
Section 4.EXCLUSIONS
ately to the East and West of the
aforementioned intersection This lack of in- This Local Law shall not apply
1) to any person or entity who/which has,
frastructure puts the health,safety and welfare
prior to the effective date of this Local Law,
of the public at risk. The residents of the
obtained all permits
hamlet of Mattituck and the surrounding areas required
have voiced their concerns regarding the risk St a building on any proppeerrty located in the
for construction
to the health,safety and welfare of the com-' State Route Love Lane Intersection and
Area including later applications
munity and the need for improvements to the Surrounding A
infrastructure at the intersection of Main building repair or alter,but not enlarge, any such
Road and Love Lane Similarly,local bust- odoft otherwise prohibited during the pe-
n
ness owners have identified the traffic issues nod of this temporary moratorium
along Route 25 and Love Lane as has having a single
To any permit or application regarding a
ngle family dwelling unit to be used solely
negative effect on local businesses. s
for residential purposes
Although Main Road is a road owned and
cor-
maintained by the State of New York, the' 3) To any application ct a municipal .
Town Board has commissioned a traffic study Section
. special district O fire district.
of this area to identify the issues that need to Section 5.AUTHORITY e a SUPERCEDE
be addressed and propose solutions and im- To the extent and degree any provisions of
provements to the infrastructure.The traffic this Local Law are construed as inconsistent
study has reached a critical phase wherein the with the provisions of Town Law sections
Town is meeting with New York State Depart- 264, 265, 265-a, 267, 267-a,w is i ended
ment of Transportation officials to determine 274-b,and 276,this Local Law is intended
which of the various proposed improvements pursuant ) Municipal Home Rule Law sec-
to the infrastructure the State would deem tions any
said inconsistent
and section 22. super-
acceptable and willing to implement or allow cede any card inconsistent authority.
Section 6 VARIANCE TO THIS MOR-
the Town to implement ATORIUM
The Town Board realizes that,based on the
proposed infrastructure improvements to ma Any person t entity suffering unnecessary
prove traffic flow at the intersection of Main hardship w that term is used and construed of
of
Road and Love Lane contained m the initial Town Law section 267-b(uance by reason mor-
draft of the Traffic Study,there is a possibility the enactment and continuance of this mor-
j
atorium may apply to the Town Board for a
of impacts to other intersections in the area
where Main Road intersects with local roads variance excepting the person's or entity's
Although the present study is analyzing three premises or o ithereof from the tem-
intersections in the area, there are 5 more porazy moratoriumum and allowing issuance of a
I permit all in accordance with the provisions
intersections in the area where Main Road I intersects with a local road where there is no of this Southold Town Code applicable to
signal and/or no crosswalk to safeguard pe- I such use or construction.
destrians Therefore, after reviewing initial Section 7 SEVERABILITY
drafts of the traffic study,the Board is of the If any clause,sentence,paragraph,section,
opinion that the traffic study needs to be ex- or part of this Local Law shall be adjudged by
panded to address these additional intersex- any court of competent jurisdiction to be in-
tions along Main Road. valid,the judgment shall not impair or mvah-
In addition to the traffic study commis- date the remainder of this Local Law
sioned by the Town Board, the Town of Section 8 EFFECTIVE DATE
Southold Planning Board has recently com- This Local Law shall take effect urt
pleted a study of the parking in the Love Lane i diately upon filing with the Secretary of State
area and determined that there is a need for f Dated February 12,2019
more public parking in the area. I BY THE ORDER OF THE
SOUTHOLD TOWN BOARD
The Town Board is also nearing completion
Elizabeth A Neville
of updates to the Town Comprehensive Plan
Southold Town Clerk
and expects to be in a position to adopt those
2314550 -
Rudder, Lynda
From: legals <legals@timesreview.com>
Sent: Friday, February 15, 2019 2:07 PM
To: Rudder, Lynda; Lisa Finn (lisaahfinn@gmail.com); Michaelis, Jessica; Reisenberg, Lloyd;
Southold Local (den ise@southoIdlocaLcom); Dinizio, James; Doherty,Jill; Doroski,
Bonnie; Ghosio, Bob; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Norklun, Stacey;
Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;William Ruland; Duffy, Bill;
Hagan, Damon; Silleck, Mary
Subject: Re: temp moratorium route 25 for publication
Attachments: Ad_Order_Form[9].pdf,Ad_Image_Preview[7].pdf
Hello,
This notice has been scheduled, the attached documents serve as your confirmation, invoice and proof. Please review
for accuracy. Payment is due upon receipt.
Affidavits are processed and mailed out a week after the final publication date of the notice.
Thank you.
Kimberly Gersic
Sales Production Assistant
631.354.8013(direct)
kgersic@timesreview.com
www.timesreview.com
PLEASE NOTE CANCELLATION POLICY: All ads are billed for entire run upon
first publication date. Cancellations for publication dates can be made
but there will be no adjustment to cost and refunds will not be given.
There are no exceptions to this policy.
Kimberly Gersic
Sales Production Assistant
631.354.8013(direct)
kgersic timesreview.com
www.timesreview.com
On 2/15/19, 12:01 PM, "Rudder, Lynda" <lynda.rudderCa town.southold.ny.us>
wrote:
>Please publish in the 2/21 edition of the Suffolk Times and the town
>website,thank you.
z
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
LYNDA M RUDDER, Deputy Town Clerk of the Town of Southold,New York being
duly sworn, says that on the 15th day of February—, 2019, a notice of which the
annexed printed notice is a true copy was affixed, 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.
Temp Moratorium on Route 25, Love Lane area PH 2/26 4:30 pm
I(�l
Ly da M Rudder
Southold Deputy Town Clerk
Sworn before me this
15th day of Februa , 2019.
Notary Public
SABRINA M BORN
Notary Public,State of New York
No.01 S06317038,Suffolk Co
Commission Expires Dec.22,20
Rudder, Lynda
From: Rudder, Lynda
Sent: Friday, February 15, 2019 12:01 PM
To: legals@timesreview.com; Lisa Finn (lisaahfinn@gmail.com); Michaelis,Jessica;
Reisenberg, Lloyd; Southold Local (denise@southoldlocal.com); Dinizio,James; Doherty,
Jill; Doroski, Bonnie; Ghosio, Bob; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis;
Norklun,,Stacey; Rudder, Lynda; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;
William Ruland; Duffy, Bill; Hagan, Damon; Silleck, Mary
Subject: temp moratorium route 25 for publication
Attachments: temp moratorium route 25.docx
Please publish in the 2/21 edition of the Suffolk Times and the town website,thank you.
1
r'
Y�
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN,that there has been presented to the Town Board of the Town of
Southold, Suffolk County,New York, on the 12th day of February 12, 2019, a Local Law entitled
"A Local Law in relation to a Temporary moratorium on the issuance of approvals and/or
permits for the parcels of property in "The State Route 25 Love Lane Intersection-and
surrounding area" and
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 Southold Town Hall, 53095 Main Road,
Southold,New York, on the 26th day of February,2019 at 4:31 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 a Temporary moratorium on the
issuance of approvals and/or permits for the parcels of property in "The State Route-25
Love Lane Intersection and surrounding area" reads as follows:
LOCAL LAW NO. 2019
A Local Law entitled, "A Local Law in relation to a Temporary moratorium on-the issuance
of approvals and/or permits for the parcels of property in "The State Route 25-Love Lane
Intersection and surrounding area" .
A Local Law entitled, "A Local Law in relation to a Temporary moratorium on the issuance
of approvals and/or permits for the parcels of property in "The State Route 25-Love Lane
Intersection and surrounding area" .
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
Section 1. Purpose
The Town Board recognizes that in the area of the intersection of State Route 25 (a/k/a
"Main Road") and Love Lane there is insufficient infrastructure to handle the drastic increase in
traffic in recent years and to allow for the safe passage of pedestrians to safely cross Main Road at
the Love Lane intersection as well as at other intersections immediately to the East and West of the
aforementioned intersection. This lack of infrastructure puts the health, safety and welfare of the
public at risk. 'The residents of the hamlet of Mattituck and the surrounding areas have voiced
their concerns regarding the risk to the health, safety and welfare of the community and the need
for improvements to the infrastructure at the intersection of Main Road and Love Lane.
Similarly,local business owners have identified the traffic issues along Route 25 and Love Lane as
has having a negative effect on local businesses.
Although Main Road is a road owned and maintained by the State of New York,the Town
Board has commissioned a traffic study of this area to identify the issues that need to be addressed
and propose solutions and improvements to the infrastructure. The traffic study has reached a
critical phase wherein the Town is meeting with New York State Department of Transportation
officials to determine which of the various proposed improvements to the infrastructure the State
would deem acceptable and willing to implement or allow the Town to implement.
The Town Board realizes that, based on the proposed infrastructure improvements to
improve traffic flow at the intersection of Main Road and Love Lane contained in the initial draft
of the Traffic Study, there is a possibility of impacts to other intersections in the area where Main
Road intersects with local roads. Although the present study is analyzing three intersections in
the area, there are 5 more intersections in the area where Main Road intersects with a local road
where there is no signal and/or no crosswalk to safeguard pedestrians. Therefore, after reviewing
initial drafts of the traffic study, the Board is of the opinion that the traffic study needs to be
expanded to address these additional intersections along Main Road.
In addition to the traffic study commissioned by the Town Board, the Town of Southold
Planning Board has recently completed a study of the parking in the Love Lane area and
determined that there is a need for more public parking in the area.
The Town Board is also nearing completion of updates to the Town Comprehensive Plan
and expects to be in a position to adopt those changes over the next several months. The
Comprehensive Plan will also contain recommendations as to infrastructure improvements and
land use at the Route 25 and Love Lane intersection and surrounding area.
The Town Board wishes to be able to consider the proposals and recommendations
contained in the various aforementioned plans; consider various alternatives to current zoning
along Main Road; as well as implement improvements to the infrastructure and adopt any
recommended land use changes,to insure the health, safety and welfare of the community to
address the recent drastic increased demands on the infrastructure in the area around the Main
Road/Love Lane Intersection and surrounding area.
Given the reasons and facts set forth above and until the planning process is completed,the
Town Board finds it necessary to impose a moratorium as set forth below. This action is
necessary in order to protect the character,public health, safety and welfare of the residents of the
hamlet of Mattituck as well as those visiting the Love Lane area.
Section 2. ENACTMENT OF A TEMPORARY MORATORIUM
Until six (6) months from the effective date of this Local Law, after which this Local Law
shall lapse and be without further force and effect and subject to any other Local Law adopted by
the Town Board during the six (6) month period, no agency, board, board officer or employee of
the Town of Southold including but not limited to,the Town Board,the Zoning Board of Appeals,
the Trustees, the Planning Board , or the Building Inspector(s) issuing any building permit
pursuant to any provision of the Southold Town Code,shall issue,cause to be issued or allow to be
issued any approval, special exception, variance, site plan, building permit, subdivision, or permit
for any of the property situated along State Route 25,bounded on the West by intersection of State
Rout3 25 and Bay Avenue and bounded on the East by the intersection of State Route 25 and Pike
Street.
Section 3. DEFINITION OF "THE STATE ROUTE 25 LOVE INTERSECTION AND
SURROUNDING AREA"
The State Route 25 and Love Lane intersection and surrounding area is hereby defined as
the area bounded by the following public roads: All properties along State Route 25 in the hamlet
r -
of Mattituck, bounded by the intersection of State Route 25 and Bay Ave on the West and State
Route 25 and Pike Street on the East.
Section 4. EXCLUSIONS
This Local Law shall not apply:
1) to any person or entity who/which has, prior to the effective date of this Local
Law, obtained all permits required for construction of a building on any
property located in the State Route 25 Love Lane Intersection and Surrounding
Area including later applications to repair or alter, but not enlarge, any such
building otherwise prohibited during the period of this temporary moratorium.
2) To any permit or application regarding a single family dwelling unit to be used
solely for residential purposes.
3) To any application by a municipal corporation or special district or fire district.
Section 5. AUTHORITY TO SUPERCEDE
To the extent and degree any provisions of this Local Law are construed as inconsistent
with the provisions of Town Law sections 264, 265, 265-a, 267, 267-a, 267-b, 274-a, 274-b, and
276,this Local Law is intended pursuant to Municipal Home Rule Law sections I0(1)(ii)(d)(3)and
section 22 to supercede any said inconsistent authority.
Section 6. VARIANCE TO THIS MORATORIUM
Any person or entity suffering unnecessary hardship as that term is used and construed in
Town Law section 267-b(2)(b), by reason of the enactment and continuance of this moratorium
may apply to the Town Board for a variance excepting the person's or entity's premises or a
portion thereof from the temporary moratorium and allowing issuance of a permit all in
accordance with the provisions of this Southold Town Code applicable to such use or construction.
Section 7. 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 impair or invalidate the
remainder of this Local Law.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State.
Dated: February 12, 2019 BY THE ORDER OF THE
SOUTHOLD TOWN BOARD
Elizabeth A.Neville
Southold Town Clerk
PLEASE PUBLISH IN THE FEBRUARY 21,2019 EDITION OF THE SUFFOLK TIMES AND
PROVIDE ONE (1)AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN CLERK'S
OFFICE, PO BOX 1179, SOUTHOLD,NY 11971.
Southold Town Board - Letter Board Meeting of February 12, 2019
RESOLUTION 2019-172 Item # 5.30
ADOPTED DOC ID: 14956
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-172 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 12,2019:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 12`" day of February 12, 2019, a Local Law entitled "A Local Law in
relation to a Temporary moratorium on the issuance of approvals and/or permits for the
parcels of property in "The State Route 25 Love Lane Intersection and surrounding area"
so now therefor 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 26"'
day of February,2019 at 4:31 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 a Temporary moratorium on
the issuance of approvals and/or permits for the parcels of property in "The State Route 25
Love Lane Intersection and surrounding area" reads as follows:
LOCAL LAW NO. 2019
A Local Law entitled, "A Local Law in relation to a Temporary moratorium on the issuance
of approvals and/or permits for the parcels of property in "The State Route 25 Love Lane
Intersection and surrounding area" .
A Local Law entitled, "A Local Law in relation to a Temporary moratorium on the issuance
of approvals and/or permits for the parcels of property in "The State Route 25 Love Lane
Intersection and surrounding area" .
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
Section 1. Purpose
The Town Board recognizes that in the area of the intersection of State Route 25 (a/k/a
"Main Road") and Love Lane there is insufficient infrastructure to handle the drastic increase in
traffic in recent years and to allow for the safe passage of pedestrians to safely cross Main Road
at the Love Lane intersection as well as at other intersections immediately to the East and West
of the aforementioned intersection. This lack of infrastructure puts the health, safety and welfare
of the public at risk. The residents of the hamlet of Mattituck and the surrounding areas have
Generated February 13, 2019 Page 43
r "r
Southold Town Board - Letter Board Meeting of February 12, 2019
voiced their concerns regarding the risk to the health, safety and welfare of the community and
the need for improvements to the infrastructure at the intersection of Main Road and Love Lane.
Similarly, local business owners have identified the traffic issues along Route 25 and Love Lane
as has having a negative effect on local businesses.
Although Main Road is a road owned and maintained by the State of New York,the
Town Board has commissioned a traffic study of this area to identify the issues that need to be
addressed and propose solutions and improvements to the infrastructure. The traffic study has
' reached a critical phase wherein the Town is meeting with New York State Department of
Transportation officials to determine which of the various proposed improvements to the
infrastructure the State would deem acceptable and willing to implement or allow the Town to
implement.
The Town Board realizes that,based on the proposed infrastructure improvements to
improve traffic flow at the intersection of Main Road and Love Lane contained in the initial draft
of the Traffic Study, there is a possibility of impacts to other intersections in the area where Main
Road intersects with local roads. Although the present study is analyzing three intersections in
the area,there are 5 more intersections in the area where Main Road intersects with a local road
where there is no signal and/or no crosswalk to safeguard pedestrians. Therefore, after reviewing
initial drafts of the traffic study,the Board is of the opinion that the traffic study needs to be
expanded to address these additional intersections along Main Road.
In addition to the traffic study commissioned by the Town Board,the Town of Southold
Planning Board has recently completed a study of the parking in the Love Lane area and
determined that there is a need for more public parking in the area.
The Town Board is also nearing completion of updates to the Town Comprehensive Plan
and expects to be in a position to adopt those changes over the next several months. The
Comprehensive Plan will also contain recommendations as to infrastructure improvements and
land use at the Route 25 and Love Lane intersection and surrounding area.
The Town Board wishes to be able to consider the proposals and recommendations
contained in the various aforementioned plans; consider various alternatives to current zoning
along Main Road; as well as implement improvements to the infrastructure and adopt any
recommended land use changes, to insure the health, safety and welfare of the community to
address the recent drastic increased demands on the infrastructure in the area around the Main
Road/Love Lane Intersection and surrounding area.
Given the reasons and facts set forth above and until the planning process is completed,
the Town Board finds it necessary to impose a moratorium as set forth below. This action is
necessary in order to protect the character, public health, safety and welfare of the residents of
the hamlet of Mattituck as well as those visiting the Love Lane area.
Section 2. ENACTMENT OF A TEMPORARY MORATORIUM
Until six (6)months from the effective date of this Local Law, after which this Local
Law shall lapse and be without further force and effect and subject to any other Local Law
adopted by the Town Board during the six (6)month period, no agency, board, board officer or
employee of the Town of Southold including but not limited to, the Town Board, the Zoning
Board of Appeals, the Trustees, the Planning Board , or the Building Inspector(s) issuing any
building permit pursuant to any provision of the Southold Town Code, shall issue, cause to be
Generated February 13, 2019 Page 44
Southold Town Board - Letter Board Meeting of February 12, 2019
issued or allow to be issued any approval, special exception, variance, site plan, building permit,
subdivision, or permit for any of the property situated along State Route 25, bounded on the
West by intersection of State Rout3 25 and Bay Avenue and bounded on the East by the
intersection of State Route 25 and Pike Street.
Section 3. DEFINITION OF "THE STATE ROUTE 25 LOVE INTERSECTION AND
SURROUNDING AREA"
The State Route 25 and Love Lane intersection and surrounding area is hereby defined as
the area bounded by the following public roads: All properties along State Route 25 in the
hamlet of Mattituck, bounded by the intersection of State Route 25 and Bay Ave on the West and
State Route 25 and Pike Street on the East.
Section 4. EXCLUSIONS
This Local Law shall not apply:
1) to any person or entity who/which has,prior to the effective date of this Local
Law, obtained all permits required for construction of a building on any
property located in the State Route 25 Love Lane Intersection and Surrounding
Area including later applications to repair or alter, but not enlarge, any such
building otherwise prohibited during the period of this temporary moratorium.
2) To any permit or application regarding a single family dwelling unit to be used
solely for residential purposes.
3) To any application by a municipal corporation or special district or fire district.
Section 5. AUTHORITY TO SUPERCEDE
To the extent and degree any provisions of this Local Law are construed as inconsistent
with the provisions of Town Law sections 264, 265, 265-a, 267, 267-a, 267-b, 274-a, 274-b, and
276,this Local Law is intended pursuant to Municipal Home Rule Law sections I0(1)(ii)(d)(3)
and section 22 to supercede any said inconsistent authority.
Section 6. VARIANCE TO THIS MORATORIUM
Any person or entity suffering unnecessary hardship as that term is used and construed in
Town Law section 267-b(2)(b), by reason of the enactment and continuance of this moratorium
may apply to the Town Board for a variance excepting the person's or entity's premises or a
portion thereof from the temporary moratorium and allowing issuance of a permit all in
accordance with the provisions of this Southold Town Code applicable to such use or
construction.
Section 7. 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 impair or invalidate the
remainder of this Local Law.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State.
Generated February 13, 2019 Page 45
-A.-
Southold
�Southold Town Board - Letter Board Meeting of February 12, 2019
o oeve&2'
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER:Robert Ghosio, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Generated February 13, 2019 Page 46
SUMMARY OF LL/ADOPTING TEMPORARY
MORATORIUM
"A Local Law in relation to a Temporary moratorium
on the issuance of approvals and/or permits for the
parcels of property in "The State Route 25 Love Lane
Intersection and surrounding area"
THE PROPOSED LOCAL LAW FOR WHICH A PUBLIC A PUBLIC HEARING IS BEING
HELD THIS EVENING PROPOSES A TEMPORARY MORATORIUM ON THE ISSUANCE
OF APPROVALS OR PERMITS BY THE BUILDING DEPARTMENT, PLANNING BOARD,
BOARD OF TRUSTEES, AND THE ZONING BOARD OF APPEALS.
THE PROPERTIES AFFECTED BY THE TEMPORARY MORATORIUM ARE THOSE
PROPERTIES ON EITHER SIDE OF, AND ADJACENT TO, STATE ROUTE 25 IN
MATTITU CK, FROM THE INTERSECTION OF STATE ROUTE 25 AND BAY AVE TO THE
INTERSECTION OF STATE ROUTE 25 AND PIKE STREET.
THE PURPOSE OF THE TEMPORARY MORATORIUM IS TO ALLOW FOR THE
EXPANSION AND COMPLETION OF THE ONGOING TRAFFIC STUDY AND THE TOWN
COMPREHENSIVE PLAN AS WELL AS TO ALLOW THE TOWN BOARD AN
OPPORTUNITY TO IMPLEMENT ANY IMPROVEMENTS TO INFRASTRUCTRE AND
ZONE CHANGES THAT ARE RECOMMENDED BY THE STUDIES.
THE PROPOSED MORATORIUM, IF ADOPTED, WOULD EXPIRE SIX MONTHS AFTER
ADOPTION UNLESS EXTENDED BY THE TOWN BOARD AND WOULD ALLOW FOR
APPLICATIONS TO BE EXEMOPT FROM THE MORATORIUM ON A HARDSHIP BASIS.
THE MORATORIUM DOES NOT APPLYTO RESIDENTIAL USES OR APPLICATIONS BY
FIRE DISTRICTS OR OTHER SPECIAL DISTRICTS.
THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN
THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE