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WILLIAM G. GGGGINS Attorney at Law 13235 Main Road, P.O. Box 65 Mattituck, New York 11952 Phone: (631) 298-4818 Fax: (631).298-4214 Email: go� inslaw(cr� mail.corn June 17, 2022 Town Board Members ARE E a� E Town of Southold P.O. Box 1179, 53095 Main Road JUN 2 9 2022 Southold, New.York 11971 Re: 2050 Depot Lane, Cutchogue, New York; iouthold Town C1�rk SCTM 1000-106.00-06.00-013.004; Dear Board Members: In response to your request, please be advised of the intended operations management of the 12 unit affordable housing project: A manager will be hired to oversee daily operations in the premises, and to solve problems as they arise. The manager will oversee maintenance and repairs. Further, the manager will collect rents, arrange evictions, hire repair people, arrange preventive maintenance, resolve tenant issues, and act as a liaison to the Town. There will be a 24 hour help line for the tenants for emergency issues. If you have any questions, please do not hesitate to contact the undersigned. Very ftruly yours, William C. Goggins r �Gi 4'l�s 0� MU 6'v1 bu S bear M& Ri�SSel( akV an� 'tiM Vn' ��� c�� of CA4IS -2,6rel, 15 d �5���«i . -- �-s e� �y l��c�s�s, � is 40 e, -tts, _J._�o cd 0 A_ pi!�_6plzf M jWii,�- lid a . �1a�Y�(. F �e���� �� Sj he .Th JIT�-f-i m� U 6 ver 60 S tqtl a &3 hi jlk o �v�i� �nU�o« ��uJm was 5uo.mq'►��n f�Ua e�P _ [aSf. �U S-� a � � a . �a _ 'S �. �ee� '.516 k- _5bud c �4 wa ,5 _ �ML �I�v��1�u-� `JCIIG� �Q s� y �a�� n �c�(���e ��t,o �l h�.���e�� in lnan� l��-S P-mc, . 4;'e- eaO 5e.�d,& qa)o Zbll,(,5 1-11 . [, devel(o Z16 a l�Q w5, me*, ,20 �'1��� M,y2 �2 �1S�l�l c s .�po 1�6 o«ve- -f�iIS Pf&pCe -j bit,' hou S I V)C� -F tts 5 .45---�- .41 U), 4P C,4, �c�� ��• - �joai2 o Rol � � ho r+ e-e- ve i n tfie/LG 6, RECEIVED VAR 17 March 17, 2022 Dear Southold Town Board, Southold Town,Clerk I am a young single dad (42 yrs. old) with full custody of my twin 12 year old sons. I have been saving for several years to buy a home on the North Fork. My children are in 7th grade and go to Mattituck junior High School. They started kindergarten at C.utchogue East and have all their friends and memories in Southold Town. I own my own business, North Fork Designated Driver. It is a unique business where we drive responsible customers, in their car, to the wineries, breweries, dinner and much more. This year we celebrate our loth anniversary! I also provide work for others in the community as drivers helping to keep our roads safe. I hope someday the town can help myself and other young people to own a house in Southold. I know of two people that were lucky to buy a house in the Cottages of Mattituck years ago. I understand there will be an additional 1/2% from home sales that might be able to be used for helping first time homebuyers. Something has to be done to help us, and it is not an apartment like the one proposed on Depot Lane. To live there, in a tiny apartment house and pay over $2,000 per month rent is a trap where young people will never be able to afford a house. Riverhead has housing like that, we don't need it in our beautiful town. I wish as board members you can think outside the box and be creative to help young people buy a home instead of rent. There are many very wealthy people who have moved out here in recent years. Maybe you can encourage one or two of them to develop home ownership for first time buyers. You have leverage when they ask you for your approval for their next project. That could be a win-win for all! Even condos, but not just apartments. I was originally interested years ago when I heard Harvest Point was going to have some affordable units too. It is my understanding that the developer paid a large sum of money to the town in lieu of building them. I am also concerned about water quality and additional traffic being that I live on Depot Lane and have young children. Thank you for reading my letter and please do not vote for the apartments at the old Knights of Columbus property. Thanks for all you do to make our community special! Sincerely, Chris Malkush 890 Depot Lane Cutchogue, NY FmcmVED March 16,2022 7 Southold Town Clerk Scott Russell Town Supervisor 53095 Main Rd. Southold, NY 11971 Dear Mr. Russell, We have several concerns about the proposed Affordable Housing Development on Depot Lane in Cutchogue. My wife Anne McElroy and I moved to the community in June 2018 to 1855 Depot Lane,just south of the proposed development at the old Knights of Columbus property. Our residence was an existing bed and breakfast(The Farmhouse B&B) and we re-opened it for business in May of 2019. My comments are informed by my expertise as an environmental chemist and as a long-time professor in Stony Brook University's School of Marine and Atmospheric Sciences,and as an active researcher in the New York State Center for Clean Water Technology that is focused on addressing Long Island's groundwater quality problems and development and testing of Innovative and Alternative On-Site Wastewater Treatment Systems (I/A OWTS).Our biggest concerns deal with issues that we believe the Town should weigh whenever higher density housing is proposed in the Town of Southhold. First,we are worried that allowing for this zoning change will set precedents that may make it more likely that development codes will be changed to allow higher density housing throughout the Town. The population density of the East End will continue to increase in the future,threatening both the environment and our quality of life. The Town and Board Members should set a priority on doing whatever they canto minimize this growth, particularly when it comes to zoning changes. In terms of our specific location,we certainly knew Harvest Point was going to significantly change the landscape when we purchased our home in 2018, but we felt protected by the two acre zoning restrictions for residential housing which very much influenced our decision to purchase our home and bed & breakfast. We feel strongly the Board should not change zoning to add to our population resulting in both increasing water use(the Town of Southhold has clearly been made aware that there are projected water supply shortages projected over the rest of this decade) and even harder to address increases in groundwater contamination that threatens both our surface waters as well as neighbors with private wells nearby to the sewage plume that will emanate especially from certain types of developments. More importantly,as I pointed out in our 2020 letter to the Southold Town Board when an affordable housing project on the two acre Knights of Columbus was first proposed, I would like emphasize the real and potential impacts that this proposed 24 bedroom development will or could have on drinking water. The proposed development would create a real and hard to assess threat to at least four nearby neighbors on private wells that could potentially intercept the resulting septic plume,as well as provide more nitrogen loadings to our groundwaters that control eutrophication of Peconic Bay and other surface waters.With exceptions of areas in Greenport, all of our sewage wastewater in this region is discharged to groundwater through on-site systems.Sewage contaminated groundwater is now the biggest source of nitrogen and eutrophication in Peconic Bay and leads to environmental impacts to most if not all of our surface waters. On-site wastewater disposal has replaced fertilizer use as the leading input of nitrogen to Southold's(and Suffolk County in general)groundwaters. Below I provide important details to back up and expand upon these statements. • Arguably the biggest water quality management problem facing Long Island centers on nitrogen loads that increase eutrophicaton to surface waters that are dominated by groundwater discharge.Sources of nitrogen to groundwater in Suffolk County have shifted over time from being dominated by agricultural fertilizer to being dominated by on-site sewage disposal. Except where sewage plumes are anaerobic due to poor siting/planning, most of the nitrogen is in the form of nitrate which is regulated at an MCL of 10 mg nitrate N/L. • Local levels of nitrate in our long impacted Upper Glacial Aquifer(which impacts both private wells and local surface waters) can be expected to roughly be in the range of 4-12 mg N/L(and in some locations tapped by on-site wells will be even higher as they will be affected by local sources. My understanding is that the public supply well near Depot Lane has reported nitrate levels sometimes in excess of 6 mg N/L and a recent measurement of a private well across the street from us, and about 500-600 feet down-gradient of the Knights of Columbus Hall,yielded a nitrate concentration of 7 mg/L;so our"background levels"are already relatively high considering the types and intensity of"upstream nitrogen loadings. • There are 4 homes along Depot Lane just to the south of Knights of Columbus that are still all on private wells (#890-1170 Depot Lane). Their wells are on the order of 50-600 feet down- gradient of what would be much more sewage discharges coming from the proposed development. I believe they all would potentially be impacted by the resulting septic plume from the proposed development, given local groundwater hydrology and the fact that the "groundwater divide" is thought to occur to north of the site, nearer to Route 48. (https://www.southoldtownny.gov/DocumentCenter/View/7911/6 Natural Resources Environ mental Protection?bid ld=).The plume will impact the upper levels of what is not a particularly deep Upper Glacial Aquifer and deepen as it migrates southward. This could easily jeopardize the water quality and safety of private wells also tapping the Upper Glacial Aquifer. According to one of those residents, an approximately 12-14-year-old estimate for switching one of those homes to public water was approximately$10,000. One could assume current costs could approach $20,000/home or perhaps approximately$80,000 to switch all four homes to public supply water. • The proposed development should be required to install an approved Innovative and very expensive Innovative and Alternative On-sight Wasterwater Treatment System (I/A OWTS), These technologies are required to take total nitrogen (which converts to nitrate) levels down to 19 mg N/L and while lots of variability between different installations of the same technologies have been observed, one might expect levels of nitrate to be around 12-15 mg N/L and depending on technology can vary greatly as a function of season.The goals for these technologies are to significantly decrease loadings to local surface waters, not to protect proximal well water used for drinking. In contrast,the advanced treatment systems at the Greenport and Riverhead wastewater treatment plants emit much less nitrogen, around 3 mg N/L. h • As a result of scale and much less monitoring,these I/A OWTS systems are not as reliable as that at municipal wastewater treatment plants, perform much less well in in cold winter months, and failures are not rare.While yearly monitoring would be required for a few years,over time the monitoring frequency drops,so at individual locations, nearby wells could be impacted by much higher than expected levels of nitrate and other sewage contaminants. • Currently, nitrate is not regulated as carcinogen and the 10 mg nitrate N/L regulation is based on risk of methemoglobinemia. I do not want to scare anyone,especially local residents, as much much more research is needed, but there are now over 20 peer reviewed epidemiological papers that together suggest increased risks of cancers at nitrate levels as low as 3 mg N/L. This would lead to nightmare of a problem for Suffolk County in particular with our rising nitrate levels coming from sewage. Normally, I would not worry about such correlative analyses, but it is known that there is potential for nitrate to be converted in the body to nitrosamines which are known carcinogens. • I/A OWTS systems are only designed to remove approximately 70-80%of nitrogen when operating properly, and because there are different treatment technologies(all involving biological denitrification), it is hard to generalize how much of other sewage contaminants would be treated by such systems. In particular there are suspected carcinogens such as 1,4- dioxane and PFAS that exist at elevated levels in most wastewaters that would not be highly removed by such systems. For very nearby neighbors, my bigger concern might be related to human pathogens and possible effects on proximal private wells. It has long been known that viable viruses can both persist longer(several months) and be transported farther through sandy aquifers than bacterial pathogens. In a quick browse of the primary literature, I see that there are septic plume studies suggesting viruses in groundwater septic plumes can persist for several months and be transported at least over 100 feet from point of discharge. The distance would depend in part on local groundwater flow which might be hard to estimate when adding in the flow from the development that would perhaps exceed 2500 gallons/day • With 12 units,24 bedrooms,and perhaps 40-48 residents, and assuming an I/A OWTS works properly,the proposed development is arguably not enough by itself to alter pollution of Peconic Bay again (groundwater flow is in that direction). However, if only a couple developments of this type were installed locally, it would increase modeled sub-regional groundwater levels of nitrate to where the type of model dependent wastewater regulations Suffolk County is working on could potentially trigger designation of treatment zones that would require expensive upgrades to I/A OWTS for individual residences (ballpark$25,000 in installation costs plus operating and long-term replacement costs) now using conventional cesspools and septic tanks. • Based on the points raised above, if we were one of the 4 homes on private wells just down- gradient of the Knights of Columbus and this project is approved,we would not completely feel safe remaining on well water for drinking,and we would encourage our neighbors to band together to demand the Town or the developer to cover those non-trivial costs. • Developer Goggins has argued directly or inferred that Depot Lane is not pristine when it comes to sewage impacts (nothing sanitary about"sanitary flow", and has mentioned that church,the former Knights of Columbus Hall, other businesses located up near Rt48 and even our bed & breakfast,were or are similarly impacting the environment.This may sound intuitive, but this is not the case. The Church and the former Knights of Columbus only host people for short periods of time a couple to a several hrs/week. Even people working during the day at the local businesses do not have the water usage of those living 24/7 in their homes;and our B&B on two acres of land on average might not recharge more sewage to groundwater than would one or slightly more than one of the 12 proposed units would. When it comes to the quality of drinking water,and even more importantly increasing pollution of streams/ponds/small lakes/tributaries/bays,we strongly believe Southold Town should take a more active approach in trying to steer future developments that involve significant sewage and nitrogen inputs,whether housing developments, hotels, or large entertainment venues. And as I point out above,the risks are not only to surface waters that receive groundwater discharge, but to human health of citizens/residents that are on private wells. I think that the Town should (and perhaps already does) have a map of all of residences and businesses that are still on private wells(I've seen different estimates but seems that at least 5,000 in the Town of Southold),and work with the County or expert consultants to assess potential cumulative impacts of all new high density housing proposals. Suffolk County and its contracted engineering firm has a long history of expert knowledge and modeling skills that are beyond what is available to the Town. I encourage Southold to consider and hopefully explore a stronger long-term partnership with the County that could allow for wise planning and fair-minded decision making going forward. Waiting for the County's approval for"sanitary flows"on approved new developments is not something that would guide policy and decision making. Sincerely, Bruce J Brownawell, PhD. 1855 Depot Lane, Cutchogue 631-379-6166 Bruce.brownawelI@stonybrook.edu RECEIVED Southold Town Board 0 4 90, March 14, 2022 P.O. Box 1179 Southold, NY 11971 Southold Town Clerk To the members of the Southold Town Board, We are writing to you to reiterate our strong opposition to the change in variance request at 2050 Depot Lane in Cutchogue.The proposed 12-unit apartment building on the 2-acre lot at 2050 Depot Lane, is an aesthetic substantially out of character with the 2-acre zoning that we and our Depot Lane neighbors are required to adhere to This "new" proposal is substantially the same as the one previously voted down, and to which over 200 residents signed a petition against. For those new to the Board, please don't accept Mr. Goggin's statement that there were only a "handful" of complaints and that the surrounding neighbors are in agreement. Dozens of residents wrote opposition letters and 200 signed a petition within days.And to be crystal clear, I am a neighbor, my home is 3 parcels from the location, and I am absolutely NOT in agreement. As taxpayers and members of the community,we implore you to deny any request for a variance for 2050 Depot and to maintain its current residential zoning. Whether 12 or 16 units,the proposed variance is significant and would decimate the character of the neighborhood, especially coming on the heels of the development at Harvest Pointe, which has already converted 46 acres of farmland into 124 condo units. Incredibly,the proposal at 2050 Depot Lane, even at 12 units,would be double the density of that Harvest Pointe. Have we seen a rendering of the newest iteration of the proposed apartment building? Let's remember this is just a 2-acre parcel. Are apartment buildings congruent with the character of the North Fork? How could you possibly consider overturning the current zoning for a project that is sight unseen? By his own admission,this newest version of the project is expected to be a for-profit project that will take more than a decade to be profitable. What kind of experience will an unprofitable landlord provide for his residents? What kind of neighbor will he be?Are all promises broken if the small partnership who runs the project is unable or unwilling to weather the decade of losses?Then what?The project will become a blight on its residents and the neighborhood. All while the "local" developer and manager is over a thousand miles away in Florida. Across the North Fork,the community is outraged about overbuilding on residential lots for a myriad of valid reasons. There is similar outrage for hotels, apartments and parking lots, so don't be lulled by this apartment building because the developer keenly conflated it with the affordable housing issue. We all agree that workforce housing is needed, but don't be fooled by this project and destroy the residential zoning as a result. It's debatable whether $2,000 per month rents meet the definition of affordable housing,which the federal government caps at a 30%income ceiling.This rent is only "affordable" to those with income over$80,000 per year,which excludes all the 50%of families in need who fall UNDER the median $81,000 income on the North Fork. Further, don't let Mr. Goggins pull at _y the public's heartstrings for affordable family housing when the units he plans to build are only two bedrooms and 800 square feet. Our community needs young families to stay and thrive in the area, but Mr. Goggins is suggesting that a family of 4 or 5 with a dog squeeze into an 800 square foot apartment. Mr. Goggins has stated that his apartment building is not viable, unless he packs in at least 12 units,which is why he is not delivering an adequate product that really meets the needs of the community. Consider the success of the Cottages at Mattituck,and how this proposed project could not be more different.The Cottages provide stable, affordable housing because it is a small housing development, NOT a rental apartment complex.And by the way,the Cottages have almost 4 times the acreage, with only 10 more units,which are 40%larger.The project proposed at 2050 Depot is not as altruistic as it sounds, but the overturning of the local zoning that it rests on has infinitely more downside. We ask the Southold Town Board, in their duty to protect the long-term needs of the township,to deny the request for such a dangerous variance. Approving this variance will have an adverse impact on the physical and environmental conditions in the neighborhood: Further, it will set precedent for future decimation, as the developmental rights are intact for the 20-acre farm across the street,currently being farmed by Sang Lee farms. There is no need for this variance.The developer's request for a variance is a self-created hardship. HALO zones exist for a reason in Southold and the developer could achieve his desired goals elsewhere,within the limits of the existing regulations. Sincerely, Kristina &Stephen Russo 980 Depot Lane Cutchogue, NY J� March 14, 2022 RE���vEo Scott Russell Southold Town Board 53095 Main Rd. ' Southold, NY 11971 Southold Town�Ierk Dear Mr. Russell, Knights of Columbus is zoned residential. It is surrounded on two sides by houses. It is wrong to change this from residential zoning to affordable housing — especially, when the local residents and people in the community don't want it. Mr. Goggins makes it sound like a handful of people initially opposed his apartment house on Depot Lane. A petition with over 200 signatures (within a few days) from all over Southold Town, was submitted to the town board last year. To make this change just opens up "Pandora's Box" for future zoning changes throughout Southold Town. Suffolk County Legislator Al Krupski, who was also a former Southold Town Board member, said last year; "people who live in hamlets throughout town had worked for years to define halo zones, which is where more intense development could be allowed. "This project is not in a halo zone!" Mr. Krupski said," the zone change would constitute spot zoning." It is my understanding that legally Southold Town cannot limit participation to only local residents. If this happens with Knights of Columbus, future lawsuits against the town and the developer are inevitable. There are many people from "up the island" that I am sure would apply through a lottery. Do we really want high density apartments for more people to move out here and commute to their jobs up west? And how long will the developer (Mr. Goggins) keep this property before cashing in? He clearly outlined how it will be all paid for in about 10 -12 years. Then what? Lower the rent? Give the units to the tenants that just paid for them? That's not likely. People need to get out of rentals and be able to purchase condos or houses, like "The Cottages" in Mattituck. Mr. Goggins states in the Suffolk Times that; "the affordable housing zone change is less intensive than the property's previous use as a fraternal Catholic organization that sometimes operated as a facility for fundraising or catering." Knights of Columbus, occasionally rented out the hall for an event, sometimes held meetings there and had a monthly pancake fundraising breakfast. He is proposing 12 two bedroom apartments. At least 12 families and possibly over 50 people to be living in this apartment house 24/7. There is no comparison. What is happening to our beautiful Cutchogue? First 124 units at Harvest Point, which is still being built. Now Cutchogue Woods and Knights of Columbus are being proposed. There is just too much going on around Depot Lane and Cutchogue in general. We purchased our house over 18 years ago because it was two acre zoning. We are concerned if approved, this zone change and high density housing would set a precedent for several large parcels of unprotected farmland on the west side of Depot Lane and throughout Southold Town. Both Joe Gratten's 20 plus acres directly across the street from Knights of Columbus and also the old Vineyard 48 vineyards just north of that are not protected. We are against rezoning this property, not against affordable housing, Knights of Columbus is just the wrong location to put 12 units! There are many issues and .. potential problems with this proposal. Hopefully, someday the existing building will be re-purposed into a private house on the lot that is zoned residential. Board members, please do not approve a zone change to this property. It is short sighted and will create other problems in the future development of Southold. Thank you, Sincerely, Michael and Carol Malkush 890 Depot Lane Cutchogue, NY 11935 RECEIVED MAR 14 2M2 March 13,2022 Members of the Southold Town Board, Southold Town Clerk I am writing this letter to oppose the new proposal by Mr.Goggins requesting a residential zoning change so he can build affordable/workforce housing on Depot Lane. I've decided to speak out because Cutchogue and every other Southold hamlet are under attack.-I am not against affordable housing, but spot zoning this residential property at his request is wrong.The current zoning allows for high density development in hamlet centers,this is not the case in the proposed Depot Lane proposal. Undoing work of the hamlet stakeholders group and set a precedence that puts every Southold 'homeowner at risk. As Al Krupski stated at last year's meetings leading up to the prior Board's rejection of Goggins' earlier proposal,there are other areas in Cutchogue more suitable for affordable housing.We had 200 residents express their opposition to this proposal. If it weren't for Covid restrictions there would have been many more. The lawyer that let me know that Mr.Goggins was selling his house and moving to Florida recently told me Goggins now lives in Florida.Absentee management of this sensitive project would'be unacceptable. Let's talk about that he will able to control the list of applicants so that only Southold Town applications will be selected. Impossible!This is clearly discrimination.According to legal counsel allowing him to proceed on this path will result in lawsuits,with both the developer and the Town of Southold names as defendants. Let's discuss the impact of lawsuits for the Town of Southold: • Negative publicity • Litigation expenses • Settlement expenses • Voter unrest • Board Members judgement/legacy in the limelight • Southold under the microscope by government agencies Please do the right thing for all residents of Cutchogue and other Southold hamlets, reject this proposal! Adrienne Fuchs 1070 Depot Lane RECEIVE® MAR 14 2022 March 13,2022 Southold Town Clerk Members of the Southold Town Board, Tm writing this letter in opposition to converting the residentially zoned Knights of Columbus property on Depot Lane to 12 high-density apartments. I applaud the previous Board's action in rejecting the initial 16 unit proposal and believe the current Board will reach a similar decision. In viewing.the recent Town Zoom meeting,the resubmitted proposal is basically unchanged, reducing the units from 16 to 12. The decisions to reject these proposals are soundly based on reasonable resident concerns related to traffic,safety, quality of life, non-compliance with regulations, pollution and severe impact on a single family residential neighborhood. The homeowners of Southold have reacted strongly in opposition to these projects despite developer Bill Goggins'claim that the community did not. Petitions were signed, and letters were written as many voters expressed their opposition.The unrest was not directed towards workforce/affordable housing, but to the uncertainty everyone has to this haphazard down- zoning in a residential neighborhood and the legal and financial exposure the Town and its residents will incur. I understand the Board is in a very tough position;the need for affordable workforce housing,supplying labor to local businesses clearly exists.Our opposition does not hinge on disputing that fact, but rather on the inadequacy of the proposed solution and the impact it will have on our neighborhood and Southold Town. On review and advice of counsel, my assessment is that the Town, its leadership and voters"will pay a high price if this proposal is approved,and there are no guarantees that it will contribute anything towards solving the problem of providing housing for local labor".Why?While income parameters can be set for housing applications,you'll invite a host of legal challenges if you restrict acceptance to applicants who live and work in Southold. The legal framework for this proposed endeavor is broken and weak.Should the Board approve the zoning change and grant sewerage credits you will have exposed the Town to legal challenges.You will inadvertently create a larger problem than the one you set out to solve! Respectfully, Joseph Fuchs 1070 Depot Lane Cutchogue, New York March 11, 2022 Knights of Columbus RECEIVED Scott Russell MAR If 20 Town Supervisor 53095 Main Rd. Southold Town Clerk Southold, NY 11971 Dear Mr. Russell„ Knights of Columbus is zoned residential. It is surrounded by houses. It is wrong to change this from residential zoning to affordable housing_— especially, when the local residents and people in the community don't want it. Mr. Goggins makes it sound like a handful of people initially opposed his apartment house on Depot Lane. A partition with over 200 signatures (within a few days) from all over Southold Town, was submitted to the town board last year. To make this change just opens up "Pandora's Box" for future zoning changes throughout Southold Town. Suffolk County Legislator Al Krupski, who was also a former Southold Town Board member, said last year; "people who live in hamlets throughout town had worked for years to define halo zones, which is where more intense development could be allowed. "This project is not in a halo zone!" Mr. Krupski said," the zone change would constitute spot zoning." It is my understanding that legally Southold Town cannot limit participation to only local residents. If this happens with Knights of Columbus, future lawsuits against the town and the developer are inevitable. There are many people from "up the island" that I am sure would apply through a lottery. Do we really want high density apartments for more people to move out here and commute to their jobs up west? And how long will the developer(s) keep this property before cashing in? He clearly outlined how it will be all paid for in about 10 -12 years. Then what? Lower the rent? Give the units to the tenants that just paid for them? That's not likely. That would be our definition of true affordable housing. People need to get out of rentals and be able to purchase condos or houses, like "The Cottages" in Mattituck. Mr. Goggins states in the Suffolk Times that; "the affordable housing zone change is less intensive than the property's previous use as a fraternal Catholic organization that sometimes operated as a facility for fundraising or catering." Knights of Columbus, occasionally rented out the hall for an event, sometimes held meetings there and had a monthly pancake fundraising breakfast. He is proposing 12 two bedroom apartments. At least 12 families and most likely over 50 people will be living in this apartment house 24/7. There is no comparison. What is happening to our beautiful Cutchogue? First 124 units at Harvest Point, which is still being built. Now Cutchogue Woods and Knights of Columbus are being proposed. There is just too much going on around Depot Lane and Cutchogue in general. We purchased our house over 18 years ago because it was two acre zoning. We are concerned if approved, this zone change and high density housing would set a precedent for several large parcels of unprotected farmland on the west side of Depot Lane and throughout Southold Town. Both Joe Gratten's 20 plus acres directly across the street from Knights of Columbus and also the old Vineyard 48 vineyards just north of that are not protected. We are against rezoning this property, not against affordable housing, Knights of Columbus is just the wrong location to put 12 units! Hopefully someday the existing building will be re-purposed into a private house on the lot that is zoned residential. Board members, please do not approve a zone change to this property. It is short sighted and will create other problems in the future development of Southold. Thank you, Sincerely, Michael and Carol Malkush 890 Depot Lane Cutchogue, NY 11935 Neville, Elizabeth From: Neville, Elizabeth Sent: Monday,August 02, 2021 3:30 PM To: Burke,John; Dinizio,James; Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon; Lauren Standish; Louisa Evans; Mirabelli, Melissa; Nappa, Sarah; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda (lynda.rudder@town.southold.ny.us); Russell, Scott;Tomaszewski, Michelle Cc: Norklun, Stacey Subject: Emailing: NF Comm Club,LLC AHD C o_20210802153349 Attachments: NF Comm Club,LLC AHD C o_20210802153349.pdf Attached, please letter from William Goggins regarding the AHD Change of Zone Application of 2050 Depot Lane, LLC f/k/a North Fork community Club, LLC. Elizabeth A. Neville 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 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: NF Comm Club,LLC AHD C o_20210802153349 Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. Letters in Favor NF Comm Club LLC Change of Zone application (2) r� < J Neville, Elizabeth From: Neville, Elizabeth Sent: Monday, October 26, 2020 9:58 AM To: Lanza, Heather; Norklun, Stacey;Terry, Mark;Verity, Mike;Weisman, Leslie; Burke,John; Dinizio, James; Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon; Lauren Standish; Louisa Evans; Nappa, Sarah; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda (lynda.rudder@town.southold.ny.us); Russell, Scott; Silleck, Mary; Tomaszewski, Michelle Subject: FW: [SPAM] - Depot Lane Affordable Housing Zone Change FYI Elizabeth A.Neville 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 \F, rr :�Carrrtin Arpa a-[ma li to carmine.arpaia@yahoo.com] Sent: Thursday, October 22, 2020 4:05 PM To: Neville, Elizabeth Subject: [SPAM]&-i--epot L-ane.Affordable-HousincF-Zone-Change✓ Hello Town Clerk and anybody else who may be reading this.dam writing_to you-in-support-of-the-affordable-apartments•.. pro�.aCon-Depot:Lane. I-was-bornia d-raised-in_Cuthogue, graduated Maattituck High School in 2003, and own a house in Mattituck that I live in full time. Having been ni the area for over 30 years, I know the area extremely well. The North Fork is in desperate need of affordable housing. Finding 12 month leases on rental apartments or houses has always been difficult to find. In recent years with seasonal rentals and the AIRBNB explosion, finding affordable year long rentals has become harder than ever. I know this to be true because I have several friends and family members who make their living off of North Fork real estate sales and rentals. disagree with the idea that these apartments will increase traffic so much that it will create a dangerous situation. The road is as straight as an arrow and marked with a double yellow line. I had my Communion and Confirmation at Our Lady Of Ostrabrama church, right down the street from 2050 Depot Lane. Depot Lane is not what I would consider a very residential area. It has farms, a church, and a restaurant. It is actually the perfect road to accommodate a moderately sized apartment building because of it's size and visibility. Being in-between the Main Road and Route 48 is exactly where an apartment building like this should be. It is away from the large residential areas, so decreasing nearby property value will not be an issue. I don't think anyone would prefer to live close to an apartment building if they had the choice, so this is enough out of the way that it would not be in anybody's backyard. The North Fork badly needs affordable housing. It's a beautiful area and unavoidable that many homes out here are 2nd homes for some people. I love the idea that these apartments would prioritize health care workers, first responders, and local residents. Our amazing town will cease to function if our local, year round residents don't have a place to live. It is becoming more and more expensive to live out here. Our locals getting out of high school and college and just starting their young adult life are too often forced to live elsewhere because they can not afford their home town. That should not happen to anybody. These apartments will help keep Southold Town as gorgeous and as charming as it is. If the lower middle class has nowhere to live, then our farms, vineyards, restaurants, and grocery stores will severely struggle to staff their 1 employees. I can't think of one reason why this shouldn't happen. It's the perfect area and our town needs it. Please let these apartments be built before it's too late! -Carmine Arpaia z Neville, Elizabeth From: Neville, Elizabeth Sent: Monday, October 26, 2020 9:57 AM To: Lanza, Heather; Norklun, Stacey;Terry, Mark;Verity, Mike;Weisman, Leslie; Burke,John; Dinizio,James; Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon; Lauren Standish; Louisa Evans; Nappa, Sarah; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda (lynda.rudder@town.southold.ny.us); Russell, Scott; Silleck, Mary; Tomaszewski, Michelle Subject: FW: [SPAM] - Reference: Depot Lane Affordable Housing Zone Change. FYI Elizabeth A.Neville 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:JarretlP-almer ymailto:jarretpaImer@gmail.com] Sent: Thursday, October 22, 2020 3:57 PM To: Neville, Elizabeth Subject: [SPAM] - Reference: Depo La a Affordable_Housing-Zone-Change. Please forward this to the town board... Dear Town Board of Southold,New York, ,--We -affordable-housing! I love the North Fork. I was raised here. My parents live here and it was always my dream to live here. Unfortunately, rising real estate prices have left me without that as an option. I've been lucky enough to spend time here when I visit my family and friends, and I love the time I am spending here during Covid. Unfortunately, with each returning trip I have discovered a war on lower income families. My friends volunteer in your fire department. My family serves drinks at your restaurants, and helps at your hospitals. Southold has been held up on the backs of the working class for generations, and now you're making it impossible for them to live out here. The lottery to help people find housing was such a wonderful thing. My one friend (a single mother) won a slot, only to lose it when you repulled. It was heartbreaking, but I understand how little housing is available. As I've said, I am in the same boat. 1 Normally I am not politically active, but when I heard that you are going to block additional affordable housing when a single mother is scrambling left me horrified. This is not the town I grew up in. A few whiny residents complaining about their property value when good people are suffering is really disturbing. It was my dream to return someday with my own children, but even if I can afford it, it appears it might be changing so irreparably that I might not wish to return. Please consider making the Depot Lane Project a thing. My friends need it. My family needs it. This community needs it. Sincerest Regards, Jarret Palmer r z Letters in Opposition North Fork Comm Club,LLC Change of Zone Application r i i _ 1 Neville, Elizabeth From: Neville, Elizabeth Sent: Widnes • a er To: Lan a, ea er; Norklun, Stacey;Terry,—Mark;verity, Mike;Weisman, Leslie;.Burke,John; Dinizio,James; Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon; Standish, Lauren; Louisa Evans; Nappa; Sarah; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary;Tomaszewski, Michelle Cc: Norklun, Stacey . Subject: FW: [SPAM] - Re: Spot Zoning on Depot Lane FYI Elizabeth A.Neville 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: 3•e maiitoa fu�hs@o• • Sent: Wednesday, October 28, 2020 12:43 PM To: Neville, Elizabeth Subject: Fwd: [SPAM] - Re: Spot Zoning on Depot Lane Ms. Neville, P e . o re.� for Ghe D of n K of C iss e. Thank You, Joe Fuchs Sent from my iPad 1 Begin forwarded message: From: "Russell,Scott"<scottr@southoldtownny.gov> Date: October 27, 2020 at 2:01:21 PM EDT To: 'Thomas Kennedy'<broker48@icloud.com>,Adrienne &Joe Fuchs<aafuchs@opton line.net> Cc: "Nappa,Sarah" <sarahn@southoldtownny.gov>, "Ghosio, Bob" <bob.ehosio@town.southold.nv.us>, "Doherty,Jill" <iill.doherty@town.southold.nv.us>, "Dinizio,James" <iames.dinizio@town.southold.nv.us>, "Evans, Louisa" <louisae@southoldtownny.gov>, MALKUSH <mmalkush@optonline.net>, "Kristina Russo" <ksrusso@optonline.net>, "bruce.brownawell@stonybrook.edu" <bruce.brownawell@stonybrook.edu>, Paul Carnevale <paulterminator@optonline.net>, "charliedesign@aol.com" <charliedesign@aol.com>, Barbara Best <bbestny@gmail.com>,ANDREA PARKS<andiparks@aol.com>, "Amy L. Kirincic" <amykirincic@danielsale.com>, "Bill Lindsay" <bill@lindsayirrisation.com>, "Barbara.Poliwoda@heart.org" <Barbara.Poliwoda@heart.org>, Christopher McCarthy <cmccarthv1460@email.com>, "Neville, Elizabeth" <E.Neville@town.southold.nv.us>, "edward & lilly Kirchberger"<litickandturf@gmail.com>, "elizabeth.d.fernandez@usda.gov" <elizabeth.d.fernandez@usda.gov>,Jason Luhrs<jluhrs@nsainsure.com>,Joseph Lemerise <ilemerise@hotmail.com>, "iohnhofer@mullenmotors.com" <iohnhofer@mullenmotors.com>, Mark Saporita <saporitamark@aol.com>, "mselly03@hotmail.com" <mselly03@hotmail.com>, Rosemary McDermott<mcdermottroe@vahoo.com>, Marie Mcdonald <mPass112@oPtonline.net>, pagoto <tpagoto@optonline.net>, Pat Pagoto<ppagoto@optonline.net>, Susan Graf<suegrafl@aol.com>, "Saporitalorrie@aol.com"<Saporitalorrie@aol.com>, "shirlevkennedv@suddenlink.net" <shirlevkennedv@suddenlink.net>, "williamsrafl@aol.com" <williamgrafl@aol.com> Subject: RE: [SPAM]-Re:Spot Zoning on Depot Lane I should not be weighing in on applications that are pending before the Town Board, however, I feel compelled to respond to this one.Your email is written based on a false premise by another party.The statement'Southold is going to approve the rezoning{of}a 2 acre residential lot on Depot Lane to allow for construction of 16 apartments" is not correct because it draws a conclusion to a decision that has not even been made by the Town Board yet. No Board member has issued an opinion or decision on the pending application and it would be inappropriate to do so unless it is part of the public record after the public hearing was held. No such vote has been taken. Scott From: Thomas Kennedy [mailto:broker48Cabicloud.com] Sent: Tuesday, October 27, 2020 1:15 PM To: Adrienne &Joe Fuchs Cc: Russell, Scott; Nappa, Sarah; Ghosio, Bob; Doherty, Jill; Dinizio, James; Evans, Louisa; MALKUSH; Kristina Russo; bruce.brownawellOstonybrook.edu; Paul Carnevale; charliedesign(aaol.com; Barbara 2 Best; ANDREA PARKS; Amy L. Kirincic; Bill Lindsay; Barbara.Pol iwoda(cbheart.org; Christopher McCarthy; Neville, Elizabeth; edward &lilly Kirchberger; elizabeth.d.fernandezeusda.gov; Jason Luhrs; Joseph Lemerise; johnhofer(cbmullenmotors.com; Mark Saporita; mselly03(cbhotmaii.com; Rosemary McDermott; Marie Mcdonald; pagoto; Pat Pagoto; Susan Graf, Saporitalorrie@aol.com; shirleykennedy@suddenlink.net; williamgrafi@aol.com . Subject: [SPAM] - Re: Spot Zoning on Depot Lane Please do not continue to destroy one of the most beautiful towns on Long'Island for the sake of political correctness and someones bank account-our town cannot handle the increased traffic, our town does not need high density housing and our town does not need more people co dependent on its service infrastructure. How about the town And it's elected politicians start thinking about the wishes of the tax paying residents and stop kissing the butts of people who are clearly working to destroy our town to make a few dollars Wake up-we have long memories and will remember this come election day Thank you THomas J Kennedy Sent from my iPad On Oct 27, 2020,at 12:05 PM,Adrienne&Joe Fuchs<aafuchs@optonline.net>wrote: Dear Friends, Southold is going to approve the re-zoning a 2 acre residential lot on Depot Lane to allow for construction of 16 apartments. If this is allowed, all of our neighborhoods are at risk. Protect you property value and the beauty of the great place we live in. Just do a "Reply All" and send this message to our local government that we will not stand for re-zoning our residential properties.And, please forward to your friends and neighbors! Thanks! From: Adrienne &Joe Fuchs [mailto:aafuchs@optonline.net] Sent: Tuesday, October 27, 2020 12:50 PM To: 'scott.russell@town.southold.ny.us'; 'sarah.nappa@town.southold.ny.us'; 'bob.ghosio@town.southold.ny.us'; 'jiill.dohertyetown.southold.ny.us'; 'james.dinizio@town.southold.ny.us'; 'louisa.evans(-atown.southold.ny.us' Cc: 'MALKUSH'; 'Kristina Russo'; 'bruce.brownawell(dstonybrook.edu'; 'Paul Carnevale'; 3 'charlieclesign(aOaol.com'; 'Barbara Best' Subject: Spot Zoning on Depot Lane Dear Supervisor Russell and Members of the Southold Town Board, We are against the spot zoning proposed for the Knights of Columbus property on Depot Lane in Cutchogue. Do not allow this residential 2 acre property to be rezoned, allowing the construction of 16 apartments. Not enforcing zoning standards is a threat to every property owner in Southold. Do your jobs! Sincerely, Adrienne &Joseph Fuchs 4 Neville, Elizabeth From: Neville, Elizabeth Sent: C=Tuesday;O:ctobe.r_27,ZOZ0�213�PM, To: orklun, Stacey Subject: FW�[S.PAM]-=-iRe.Spot»Zonis_=one Depot Lane-� LF Elizabeth A.Neville 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 63 1'466-6064 �-.F�romrRuss� eI�I;�Scott----} Sent: Tuesday, October 27, 2020 2:01 PM To: 'Thomas Kennedy'; Adrienne &Joe Fuchs Cc: Nappa, Sarah; Ghosio, Bob; Doherty, Jill; Dinizio, James; Evans, Louisa; MALKUSH; Kristina Russo; bruce.brownawell(a)stonybrook.edu; Paul Carnevale; charliedesign(caol.com; Barbara Best; ANDREA PARKS; Amy L. Kirincic; Bill Lindsay; Barbara.PoliwodaCab heart.org; Christopher McCarthy; Neville, Elizabeth; edward & lilly Kirchberger; elizabeth.d.fernandez(a)usda.gov; Jason Luhrs; Joseph Lemerise; johnhofer(a)mullenmotors.com; Mark Saporita; mselly03@hotmail.com; Rosemary McDermott; Marie Mcdonald; pagoto; Pat Pagoto; Susan Graf; Saporitalorrie@aol.com; shirleykennedy@suddenlink.net; williamgrafl@aol:com Subject: RE: [SPAM] - Re: Spot Zoning on Depot Lane I should not be weighing in on applications that are pending before the Town Board, however, I feel compelled to respond to this one. Your email is written based on a false premise by another party.The statement`Southold is going to approve the rezoning{of}a 2 acre residential lot on Depot Lane to allow for construction of 16 apartments" is not correct because it draws a conclusion to a decision that has not even been made by the Town Board yet. No Board member has issued an opinion or decision on the pending application and it would be inappropriate to do so unless it is part of the public record after the public hearing was held. No such vote has been taken. Scott 1 From: Thomas Kennedy [mailto:broker48Coaicloud.com] Sent: Tuesday, October 27, 2020 1:15 PM To: Adrienne &Joe Fuchs Cc: Russell, Scott; Nappa, Sarah; Ghosio, Bob; Doherty, Jill; Dinizio, James; Evans, Louisa; MALKUSH; Kristina Russo; bruce.brownawell(abstonybrook.edu; Paul Carnevale; charliedesign(aaol.com; Barbara Best; ANDREA PARKS; Amy L. Kirincic; Bill Lindsay; Barbara.Poliwoda(a)heart.org; Christopher McCarthy; Neville, Elizabeth; edward &lilly Kirchberger; elizabeth.d.fernandez(ftsda.gov; Jason Luhrs; Joseph Lemerise; iohnhofer@muIlen motors.com; Mark Saporita; mselly0W)hotmail.com; Rosemary McDermott; Marie Mcdonald; pagoto; Pat Pagoto; Susan Graf; Saporitalorrie(c aol.com; shirleykennedy@)suddenlink.net; williamgrafl@aol.com Subject: [SPAM] - Re: Spot Zoning on Depot Lane Please do not continue to destroy one of the most beautiful towns on Long Island for the sake of political correctness and someones bank account-our town cannot handle the increased traffic, our town does not need high density housing and our town does not need more people co dependent on its service infrastructure. How about the town And it's elected politicians start thinking about the wishes of the tax paying residents and stop kissing the butts of people who are clearly working to destroy our town to make a few dollars Wake up-we have long memories and will remember this come election day Thank you THomas J Kennedy Sent from my iPad On Oct 27, 2020, at 12:05 PM, Adrienne &Joe Fuchs<aafuchs@opton line.net>wrote: Dear Friends, Southold is going to approve the re-zoning a 2 acre residential lot on Depot Lane to allow for construction of 16 apartments. If this is allowed, all of our neighborhoods are at risk. Protect you property value and the beauty of the great place we live in. Just do a "Reply All" and send this message to our local government that we will not stand for re-zoning our residential properties.And, please'forward to your friends and neighbors! Thanks! From: Adrienne &Joe Fuchs [ma ilto:aafuchs(5)opton line.net] Sent: Tuesday, October 27, 2020 12:50 PM To: 'scoff.russell@town.southold.ny.us'; 'sarah.nappa@town.southold.ny.us'; 2 'bob.ghosio@town.southold.ny.us'; 'jill.doherty@town.southold.ny.us'; 'james.dinizio@town.southold.ny.us'; 'loulsa.evans@town.southold.ny.us' Cc: 'MALKUSH'; 'Kristina Russo'; 'bruce.brownawell@stonybrook.edu'; 'Paul Carnevale'; 'charliedesign@aol.com'; 'Barbara Best' Subject: Spot Zoning on Depot Lane Dear Supervisor Russell and Members of the Southold Town Board, We are against the spot zoning proposed for the Knights of Columbus property on Depot Lane in Cutchogue. Do not allow this residential 2 acre property to be rezoned, allowing the construction of.16 apartments. Not enforcing zoning standards is a threat to every property owner in Southold. Do your jobs! Sincerely, Adrienne &Joseph Fuchs 3 Doroski, Bonnie From: Tomaszewski, Michelle on behalf of Russell, Scott Sent: Tuesday, October 13, 2020 8:44 AM To: Neville, Elizabeth Cc: Rudder, Lynda; Doroski, Bonnie Subject: FW: Depot Lane Residential Rezoning Good morning, For your public hearing file. From:Adrienne &Joe Fuchs [mailto:aafuchs@optonline.net] Sent:Tuesday, October 13, 2020 8:37 AM To: Russell,Scott<scottr@southoldtownny.gov> Subject: Depot Lane Residential Rezoning Dear Supervisor Russell, I'm writing on behalf of the many "locals" and "out of towner's" that call Southold home. We all live here because we value the rural charm, quiet and beauty the North Fork embodies. We're concerned with development, and the host of problems it brings. Our hope was that Southold's long awaited "Comprehensive Plan" would define in certain terms where we are going-and delineate clear rules how we are to get there. The proposed development of the K of C residential property for high density housing is in clear violation of the plan, and requires rezoning to proceed. Here is what we understand is proposed on a single residential lot: * 2 buildings * 16- 2 bedroom units * 73 parking spaces We're asking you the Supervisor, the Board Members and everyone in our great town to pay heed to this development. When the town's own rules are so easily bent and precedence is set, what's coming to your neighborhood next? Please Supervisor Russell do not let this happen. Let's not have to tell the next generation how great our town used to be, let's "Save What's Left". Sincerely, Joseph and Adrienne Fuchs ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i i w Rudder, Lynda From: Neville, Elizabeth Sent: Wednesday, October 28, 2020 2:43 PM To: Lanza, Heather; No,rklun, Stacey;Terry, Mark;Verity, Mike;Weisman, Leslie; Burke,John; Dinizio,James; Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon; Standish, Lauren; Louisa Evans; Nappa, Sarah; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary,Tomaszewski, Michelle Cc: Norklun, Stacey Subject: FW: [SPAM] - Re: Spot Zoning on Depot Lane FYI Elizabeth A.Neville 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 r From: Joe [mailto:aafuchs@optonline.net] Sent: Wednesday, October 28, 2020 12:43 PM To: Neville, Elizabeth Subject: Fwd: [SPAM] - Re: Spot Zoning on Depot Lane Ms. Neville, Please file this on record for the Depot Lane K of C issue. Thank You, Joe Fuchs Sent from my iPad . 1 e Begin forwarded message: From: "Russell, Scott" <scottr@southoldtownny.gov> Date: October 27, 2020 at 2:01:21 PM EDT To: 'Thomas Kennedy'<broker48@icloud.com>,Adrienne &Joe Fuchs<aafuchs@optonline.net> Cc: "Nappa, Sarah" <sarahn@southoldtownny.gov>, "Ghosio, Bob" <bob.ghosio@town.southold.nv.us>, "Doherty,Jill" <iill.doherty@town.southold.ny.us>, "Dinizio,James" <iames.dinizio@town.southold.nv.us>, "Evans, Louisa" <louisae@southoldtownny.gov>, MALKUSH <mmalkush@optonline.net>, "Kristina Russo" <ksrusso@optonline.net>, "bruce.brownawell@stonvbrook.edu" <brute.brownawell@stonybrook.edu>, Paul Carnevale <Paulterminator@optonIine.net>, "charliedesign@aol.com" <charliedesign@aol.com>, Barbara Best <bbestnv@gmail.com>, ANDREA PARKS<andiparks@aol.com>, "Amy L. Kirincic" <amvkirincic@danielgale.com>, "Bill Lindsay" <bill@lindsayirrigation.com>, "Barbara.Poliwoda@heart.org" <Barbara.Poliwoda@heart.org>, Christopher McCarthy <cmccarthy1460@gmail.com>, "Neville, Elizabeth" <E.Neville@town.southold.ny.us>, "edward & lilly Kirchberger" <litickandturf@gmail.com>, "elizabeth.d.fernandez@usda.gov" <elizabeth.d.fernandez@usda.gov>,Jason Luhrs<iluhrs@nsainsure.com>,Joseph Lemerise <ilemerise@hotmail.com>, "iohnhofer@mullenmotors.com"<iohnhofer@mullenmotors.com>, Mark Saporita <saporitamark@aol.com>, "mselly03@hotmail.com" <mselly03@hotmail'.com>, Rosemary McDermott<mcdermottroe@vahoo.com>, Marie Mcdonald <mpassll2@optonline.net>, pagoto <tpagoto@optonline.net>, Pat Pagoto<ppagoto@optonline.net>,Susan Graf<suegrafl@aol.com>, "Saporitalorrie@aol.com" <Saporitalorrie@aol.com>, "shirlevkennedv@sudden link.net" <shirlevkennedv@suddenlink.net>, "williamgrafl@aol.com" <williamgrafl@aol.com> Subject: RE: [SPAM] -Re:Spot Zoning on Depot Lane I should not be weighing in on applications that are pending before the Town Board, however, I feel compelled to respond to this one.Your email is written based on a false premise by another party.The statement'Southold is going to approve the rezoning{of}a 2 acre residential lot on Depot Lane to allow for construction of 16 apartments" is not correct because it draws a conclusion to a decision that has not even been made by the Town Board yet. No Board member has issued an opinion or decision on the pending application and it would be inappropriate to do so unless it is part of the public record after the public hearing was held. No such vote has been taken. Scott From: Thomas Kennedy [mailto:broker48@icloud.com] Sent: Tuesday, October 27, 2020 1:15 PM To: Adrienne &Joe Fuchs Cc: Russell, Scott; Nappa, Sarah; Ghosio, Bob; Doherty, Jill; Dinizio,James; Evans, Louisa; MALKUSH; Kristina Russo; bruce.brownawellCabstonybrook.edu; Paul Carnevale; charliedesign@aol.com; Barbara 2 Best; ANDREA PARKS; Amy L. Kirincic; Bill Lindsay; Barbara.Poliwoda(aheart.org; Christopher McCarthy; Neville, Elizabeth; edward & lilly Kirchberger; elizabeth.d.fernandez@usda.gov; Jason Luhrs; Joseph Lemerise;johnhoferamullenmotors.com; Mark Saporita; mselly03@hotmaii.com; Rosemary McDermott; Marie Mcdonald; pagoto; Pat Pagoto; Susan Graf; Saporitalorrie@aol.com; shirleykennedy@suddenlink.net; williamgrafl@aol.com Subject: [SPAM] - Re: Spot Zoning on Depot Lane Please do not continue tdclestroy one of the most beautiful towns on Long Island for the sake of political correctness and someones bank account-our town cannot handle the increased traffic, our town does not need high density housing and our town does not need more people co dependent on its service infrastructure. How about the town And it's elected politicians start thinking about the wishes of the tax paying residents and stop kissing the butts of people who are clearly working to destroy our town to make a few dollars Wake up-we have long memories and will remember this come election day Thank you THomas J Kennedy Sent from my iPad On Oct 27, 2020, at 12:05 PM,Adrienne &Joe Fuchs<aafuchs@optonline.net>wrote: Dear Friends, Southold is going to approve the re-zoning a 2 acre residential lot on Depot Lane to allow for construction of 16 apartments. If this is allowed, all of our neighborhoods are at risk. Protect you property value and the beauty of the great place we live in. Just do a "Reply All" and send this message to our local government that we will not stand for re-zoning our residential properties.And, please forward to your friends and neighbors! Thanks! From: Adrienne &Joe Fuchs [ma i Ito:aafuchs@opton line.net] Sent: Tuesday, October 27, 2020 12:50 PM To: 'scoff.russell@town.southold.ny.us'; 'sarah.nappaCaatown.southold.ny.us'; 'bob.ghosio@town.southold.ny.us'; 'jill.doherty@town.southold.ny.us'; 'james.dinizio town.southold.ny.us'; 'louisa.evans town.southold.ny.us' Cc: 'MALKUSH'; 'Kristina Russo'; 'bruce.brownawellCabstonybrook.edu'; 'Paul Carnevale'; 3 'charliedesianOaol.com'; 'Barbara Best' Subject: Spot Zoning on Depot Lane Dear Supervisor Russell and Members of the Southold Town Board, We are against the spot zoning proposed for the Knights of Columbus property on ,Depot Lane in Cutchogue. Do not allow this residential 2 acre property to be rezoned, allowing the construction of 16 apartments. Not enforcing zoning standards is a threat to every property owner in Southold. Do your jobs! Sincerely, Adrienne &Joseph Fuchs 4 Born, Sabrina From: Neville, Elizabeth Sent: Friday,January 22, 2021 3:35 PM To: Born, Sabrina; Doroski, Bonnie; Mudd,Jennifer; Norklun, Stacey; Rudder, Lynda Subject: FW: Depot Lane Apartments Please place in the appropriate file folder and LF. Thank you. Betty Elizabeth A.Neville 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: Standish, Lauren Sent: Friday, January 22, 2021 8:40 AM To: Neville, Elizabeth; Bob Ghosio; Doherty, Jill; Dinizio, James; Evans, Louisa; Nappa, Sarah Subject: FW: Depot Lane Apartments From:Sara Campbell [mailto:saracampbell@newsuffolkschool.com] Sent: Friday,January 22, 20218:39 AM To:Standish, Lauren<Lauren.Standish@town.southold.ny.us> Subject: Depot Lane Apartments Good Afternoon, I am very concerned about a'16 unit apartment complex going in on Depot lane.l can't imagine there being enough parking on a 2 acre lot for 32 plus vehicles in addition to the buildings. It would be terrible for the quality of my ground water. It would create a traffic problem trying to get off of Depot lane. There is only a light on route 48. We already have the added traffic from the new development near the post office. I am concerned about my property value as well. I purchased my house knowing what the zoning was around my property. Changing the zoning now is not fair to those who already live here. am opposed to the change of zoning in this already very busy area. Sara Campbell ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i l y Neville, Elizabeth From: 6:��MAL-KUSH <-mmalkush.@-60tonline.net> Sent: Thursday, October 29;20203:56-PM�� To: Rudder, Lynda Cc: Neville, Elizabeth Subject: Krn�iqhts.of-Columbus-zoning-change=opposition letters Attachments: -Letter to.board-Oct-5-PDFHfinal:pdf;32020-town-board letter Final PDF.pdf 0 Hi Lynn, Thank you for your help. Unfortunately"I realized the email and hard copy of the letter I sent on March 20, 2020, to Heather Lanza(cc Scott Russell) and also the email and hard copy of the letter I sent on October 5, 2020,to Scott Russell (cc all board members) are not in the public file and were not included in prior public meetings regarding the Knights of Columbus property. I have attached the letters again and would them to be considered and included in the public file to voice my opposition to the Knights of Columbus zoning change. c Thank you, Mike Malkush ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. n 0 r o 1 �. 1 R ECE!VEp OCT 2 9 2020.. Oct. 5,,2020 f , 5ou18oCd'ToWn C,erk Carol'& Michael Malkush 890,Depot Lane Cutchogue, NY 11935 Mr. Scott Russell Southold Town Supervisor 53095 Main Rd., PO Box'1179, Southold, NY 11971' Dear Mr. Russell, We,are, writing this letter in opposition .to,the.requested zoning change,to the Knights of Columbus property on Depot Lane, Cutchogue. Zoning, prevents new.development from hurting existing residences! Years ago, a HALO Zone was established in Cutchogue and all other towns throughout Southold. The purpose was to define and maintain the nature and purpose of property,throughout the North Fork. There was a reason some areas were zoned for high density and others were not: Local attorney, Bill Goggins, is the current owner of_the Knights of Columbus property on Depot Lane. He is requesting the Southold Town Board to change.the zoning. This property is currently zoned Residential, (which also allows for fraternal organizations) and he wants it changed to Affordable Housing District. The plan he recently presented at a town board work session, is to build 16 two bedroom apartments on about two acres. That would include enlarging the footprint and adding a second story to the existing Knights of Columbus building. It would also include building a second separate apartment building on the property. To build,a project of this magnitude is unacceptable. We live on Depot. Lane. When our house, was built 18 years ago, the town board required two acres to build a single family house. There is not one person on the block or in the.community that I have spoken to that is in favor of the zoning change for this project. I am not opposed to affordable.housing, which we need much more of in Southold .Town. I. am opposed to changing the zoning to build high density in a residential community. There are currently many vacant buildings within the existing HALO Zone of Cutchogue that can be repurposed, including vacant stores, a,church,. the Catholic school and more.. There is also vacant land for sale within the current Halo Zone. Changing the zoning will increase Mr. Goggins property value while decreasing,property values of existing nearby homes. Furthermore,' across,the street there is about 20 r acres,:currently being rented and farmed by Sang Lee Farms. Development rights are not protected on that parcel. If the town board does not make the right decision on the Knights of Columbus property zoning, it will pave the .way.for additional high density ,devel'opm'dJ on Depot Lane. Changing this zoning also sets a bad precedent for future development'in all of Southold'Town. Sadly, it appears that this is being rushed through during COVID. We had previously written a letter (Email and US Mail) opposing .this zoning change to 'Heather Lanza in March. I,never received a reply or confirmation that this was received. I know for fact that others have also written letters to the planning department. This zoning change should be discussed at a public meeting. This way, people can personally voice their opinions, 'not on a zoom. The .board members should be able to hear in .person the arguments, and I see the emotions people have regarding; waste water treatment, aesthetics, increased traffic, and quality of life by putting in high density housing in a residential area! Whenever. a vote is taken, please consider our concerns and vote NO to change the zoning of this property. Thank you! Sincerely, Michael and Carol Malkush Cutchogue CC: Louisa Evans Jill Doherty James Dinizio Robert Ghosio Sarah,Nappa Heather Lanza y OCT. 2, 9 202Qh SOuth0 d-70wn-Cttrl�j Michael and Carol Malkush 890 Depot Lane Cutchogue, NY 11935 March 20, 2020 Heather Lanza Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 Dear Ms.Lanza,. We have some major concerns regarding the proposed affordable housing on the former Knights of Columbus property in Cutchogue. We have lived the past 16 years just four parcels south of the proposed site. Our son and his.twin 10 year old boys also live with us. We have a well that our family uses for all of our water needs including drinking, cooking and bathing. We periodically have and most recently, over the summer had our water tested to make sure it is safe for our consumption. Our concerns when we first moved here were having the town dump about a mile from our home and the use of Temik, the toxic pesticide, used by,-local farmers in the late 1970s. We learned the property we bought was a potato farm prior to becoming a Christmas tree farm. Fortunately, our water was tested and been within the limits of the Suffolk County Water Authority. I feel we have dodged a bullet so far, but Recently, Harvest Pointe, a 124 unit housing complex has been under construction. Only about 1/3of the homes have been built and many,are still unoccupied. This has already changed the landscape of the area and we don't know what.to expect from our already fragile ecosystem. We have witnessed changes taking place in our maritime community, most recently the die off of scallops this past season. One has to wonder if the waste and water treatment will be adequate for this complex now and for years to come. We think of that almost daily, whenever we look out our front door at Harvest Point or see the increased traffic and construction vehicles going down the road. And now a proposed affordable living complex on Depot Lane? We don't need a 16 family apartment complex in the community too! Having approximately another 100 people living on two acres could be the final blow to our already fragile ecosystem in this area. Furthermore, we and other neighbors were required to build our one family home on two acres. (outside the halo zone) We have spoken to several experts about water issues. We learned that water from this proposed complex will flow south toward the Peconic Bay. That being the case, their waste water would go right under our home before working its way to the local creeks heading out to the Peconic Bay. A densely populated two acre plot of land cannot reasonably sustain adequate waste treatment and will also add additional nitrogen into the groundwater. We ask the Southold Town Planning Board and the board members to think carefully before making zoning changes and approving this project. Many people we have spoken to are not in favor of such a project and plan to attend public hearings to help stop it from being built. Thank you for your consideration. Sincerely, Michael and Carol Malkush cc - Scott Russell I V i Rudder, Lynda From: Steve Grande Sr. <sjgrande@gmail.com> Sent: Wednesday, October 28, 2020 4:41 PM To: Rudder, Lynda Cc: Neville, Elizabeth Subject: Fwd: Stop the building of an apartment complex on Depot Lane Unfortunately the email I sent never made it into the public file and was not included in the public hearing on 10/20. ---------- Forwarded message--------- From: Steve Grande Sr. <sigrandp&mail.com> Date: Fri, Oct 16, 2020 at 3:49 PM Subject: Re: Stop the building of an apartment complex on Depot Lane To: Nappa, Sarah<sarahn@,southoldtowy nm. ov> Appreciate your response. Affordable single family homes similar to the "Cottages" in Mattituck or even say townhomes, I think that would it better with the residential characteristics of the area. Larger multi family "apartment buildings" would be a blight. With it comes bright lighting, large dumpsters , expanses of blacktop parking lots. That's just wrong. Alternatively if not the above that building/lot could be a senior center, day care facility, or perhaps professional/medical offices. An apartment building can easily go in the Halo Zone. And yes, having a son who is a first responder, I get it, affordable housing is needed for sure and I support that. Recently a multifamily residence for either low income or special needs individuals was converted on Main Bayview Road on the way to Cedar Beach as rural residential road. It boasts a large multi car parking lot, bright quartz lighting like a shopping mall parking lot and trash dumpsters in view from the road and solar panels at ground level that look industrial. What a mess. Immediately adjacent are single family homes and a small farm. This rezoning of that building has destroyed the character of that section of road as well the light pollution that spoils the neighborhood. How did that happen? And that is not to mention the frequent visits by the Police to that center. Zoning and care is so integral to the character of Southold, let's not ruin the very special environment we have here. We've done an exemplary-job of preservation, land,banking use of transfer taxes, it is critical to keep what is special about Southold, it is truly precious. Thank you for reaching out , Steve On Fri, Oct 16, 2020 at 3:11 PM Nappa, Sarah<sarahngsoutholdtownny.gov> wrote: Thank you for reaching out and sharing your thoughts and comments. I understand your concern. What do you envision would be a better use of that property? Just trying to get a better idea of what the residents in this area would like to see there. Sarah Nappa Southold Town Councilwoman Sarah.nappa@town.southold.ny.us @sarahnappa_southold town board From: Steve Grande Sr. [sigrandeggmail.com] Sent: Thursday, October 15, 2020 9:44 PM To: Russell, Scott; Evans, Louisa; Doherty, Jill; Dinizio, James; Ghosio, Bob;Nappa, Sarah Subject: Stop the building of an apartment complex on Depot Lane All First let me say I appreciate your efforts on behalf of our community:Secondly, I do believe that there is a serious need for affordable housing on the North Fork. Third, the environment of the North Fork both physically and its character is precious and must be preserved at all costs. We must learn by the mistakes of other communities, and particularly those of the South Fork. As a long term Southold resident I treasure our community's unique and verdant qualities and don't want to see it ruined. 3 Development of multi family apartment buildings on Depot Lane is a scar on the face of our community's character and a threat to the environment. It is incongruous to that area. To rezone this area when applicable sites are available in a Halo Zone is just wrong and irresponsible. It appears to me to be an opportunistic development to exploit a site to maximize its profit potential at the cost of neighboring homes and our community. More creative solutions such as the Cottages in Mattituck or the new townhomes being built on 48 in Greenport should be investigated. I urge you as a long time Southold resident to stop the building of this apartment complex on Depot Lane and look strategically at the solution for affordable housing in Southold that preserves our character and our environment. 2 Thank you, again. Steve Grande ATTENTION: This email came from an external source. Do not open attachments or click on links from junknown senders or unexpected emails. ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. r ' 3 r. Norklun, Stacey From: Neville, Elizabeth Sent: Tuesday, October 20, 2020 11:56 AM To: Lanza, Heather; Norklun, Stacey;Terry, Mark; Burke, John; Dinizio, James; Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon; Standish, Lauren; Louisa Evans; Nappa, Sarah; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary;Tomaszewski, Michelle;Verity, Mike;Weisman, Leslie Cc: 'ksrusso@optonline.net' Subject: "-FW; Petifion-Against Proposed-Zoning_Change7at_2050_Depot=L-ane for-inclusion in TO/20/2020 Town-Board-Meetin - - Attachments: 1.`2050-Dep6t Lane-Petition:csv`-� FYI Elizabeth A. Neville 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: Kristina Russo [mailto:ksrusso@optonline.net] Sent: Tuesday, October 20, 2020 11:54 AM To: Neville, Elizabeth; Rudder, Lynda Subject: Petition Against Proposed Zoning Change at 2050 Depot Lane, for inclusion in 10/20/2020 Town Board Meeting Hello Elizabeth and Lynda, In accordance with the agenda packet for tonight's 7 pm Town Board Meeting) am submitting this*_ titiio.n;�signed by almost 200 SoJ old residents.op,posingrth p sed up-zoning of the_property at 2050 Depot-Lane in.Cutchrogue. .,. - Rlease.addthis-to:the record regarding=this itern:Jt_s_also-n�otable that this number_of_sidnatures;ywas_obtained`in=►essl 4;than=a-week-of=the._petition:circul stingy._;:-- I'd also appreciate a reply acknowledging that you've received this message. Thank You, Kristina Russo 980 Depot Lane, Cutchogue, NY 11935 ksrusso@optonline.net ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i f Name Country Date Laura Klahre United States 2020-10-20T15:46:51.883Z elizabeth oppo United States 2020-10-20T13:50:52.433Z Mary Jane Rohan United States 2020-10-20T11:24:32.222Z Cassie rankel United States 2020-10-20T11:04:26.798Z Colleen LoGrande United States 2020-10-20T10:57:24.852Z Janet E. 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Adrienne &Joseph Fuchs From: Adrienne&Joe Fuchs [mailto:aafuchs@)optonline.net] Sent: Tuesday, October 13, 2020 8:37 AM To: 'scoff.russell@town.southold.ny.us' Subject: Depot Lane Residential Rezoning Dear Supervisor Russell, I'm writing on behalf of the many "locals" and "out of towner's" that call Southold home. We all live here because we value the rural charm, quiet and beauty the North Fork embodies. We're concerned with development, and the host of problems it brings. Our hope was that Southold's long awaited "Comprehensive Plan" would define in certain terms where we are going and delineate clear rules how we are to get there. The proposed development of the K of C residential property for high density housing is in clear violation of the plan, and requires rezoning to proceed. Here is what we understand is proposed on a single residential lot: * 2 buildings * 16- 2 bedroom units * 73 parking spaces We're asking you the Supervisor, the Board Members and everyone in our great town to pay heed to this development. When the town's own rules are so easily bent and precedence is set, what's coming to your neighborhood next? Please Supervisor Russell do not let this happen. Let's not have to tell the next generation how great our town used to be, let's "Save What's Left". Sincerely, Joseph and Adrienne Fuchs 1 Neville, Elizabeth From: Standish, Lauren on behalf of Russell, Scott Sent: Monday, October 19, 2020 8:17 AM RECEIVE-p To: Neville, Elizabeth; Rudder, Lynda Subject: FW:2050 Depot Lane OCT 1 9 2020 Southold Town Cleric From: kris4897@aol.com [mailto:kris4897@aol.com] Sent:Saturday, October 17, 202010:23 PM To: Russell,Scott<scottr@southoldtownny.gov> Subject: 2050 Depot Lane Dear Mr. Russell, I am writing to express my st�rong_opposrt on to�lre-rezorr ng:�anzi_ rop�ased�deveIopment at 2o,5(�-Delsot L-ane;Cutchogtre(the-former-Kriights of Columbus prope1-,ty). While I appreciate the town's desire to increase the number of affordable homes.in neighborhoods such as ours, disrupting our.community by constructing an out-of-place, high-density development is not the way to go about this. Furthermore, apartment building type dwellings are inconsistent with the neighborhoods in the area and will most likely lower property values. Traffic and safety of pedestrians and cyclists are already major points of concern on the North Fork. Traffic jams on both 48 and Main are an increasing occurrence, clearly evident on most weekends. The additional traffic which will result from the influx of residents of this proposed complex would certainly have a negative impact on the quality of life in the Town of Southold. Most importantly, the rezoning would set a dangerous precedent for future zoning changes throughout Southold, forever.altering the character of the community. Both this project and subsequent construction that will follow as a result of the rezoning, will have a negative impact on both our ground water and our wildlife. Considering all these points, I strongly urge you to disapprove this proposed rezoning. I know my opinions are shared by many local residents. Thank you for your continued service and support of our community. Best regards, Kristine Thomas 23o Eastwood Drive �x Cutchogue, NY (917) 596-2477 ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. z Neville, Elizabeth From: Neville, Elizabeth Sent: Friday, October 16, 2020 4:02 PM To: Lanza, Heather; Norklun, Stacey;Terry, Mark;Verity, Mike;Weisman, Leslie; Burke,John; Dinizio,James; Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon; Standish, Lauren; Louisa Evans; Nappa, Sarah; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary;Tomaszewski, Michelle Subject: FW: [SPAM] - Please add to opposition to Depot Lane proposal FYI Elizabeth A. Neville Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Cell 631466-6064 YI -----Original Message----- From: Russell, Scott Sent: Friday, October 16, 2020 2:56 PM To: Neville, Elizabeth Subject: FW: [SPAM] - Please add to opposition to Depot Lane proposal -----Original Message----- From: Felecia Kutscher[mailto:speck3la@aol.com] Sent: Friday, October 16, 2020 2:01 PM To: Dinizio,James Cc: Russell, Scott Subject: [SPAM] - Please add to opposition to Depot Lane proposal Town Board Member Dinizio, I am writing to you in reference to the-C.utchog.ue proposal for affordable housing on Depot Lane. My husband and I are-very opp so ed i -this_plari We do not live in the town of Cutchogue,we have lived in Jamesport for 27 years and this p an will de definitely have a negative impact on us as well. We moved out here for the quiet, openness and character of the North fork.Through the years we have seen many changes.The traffic has increased tremendously on Main Rd., Peconic and Sound Ave. it has been getting worse every year. It has even come down to us not going out on weekends due to the back ups going east and west depending on the time of day.There is absolutely no escape from this. Since COVID, businesses being shut down because of it and rioting and wonton destruction of the city,people are heading or have already moved to the North Fork. There are only single lane roads that cannot handle the uptick in traffic. The building of this housing project will only add to the existing traffic issues at hand. In addition to the increased traffic concerns, it would certainly alter the community's character in a negative way. We are adding our request to stop zoning changes that would allow apartment buildings on Depot Lane. Thanking you in advance for adding our opposition to this project, Sincerely, 1 ram-- i Chester and Felecia Kutscher i Sent from my Wad 2 r October 13, 2020 RECEIVED " Mr.Scott Russel,Southold Town Supervisor OCT 1 6 2020 53095 Main Rd. Southold Town Clerk PO Box 1179 Southold;NY 11971 Dear Mr.Russell, 1-write this letter on behalf of my wife Anne McElroy and-1 hoar 9`t + Qs�tlo9t:zonm o the Kni ht f Combus_,kLall�Qgp_ot,L�ane.,Pr�ope for high density development of any kind. Wesenta Metter to Heather Lanza oPla' Wing Board dated March 20,2020,when we first heard-about the proposal-to rezone the property for 16 units of affordable housing,to voice some of our concerns. As the project is still proceeding,in this letter I go into more depth about some of the specifics behind our concerns,particularly when it comes to siting of projects that contribute substantial amounts of sewage to Southold's groundwaters. In addition to being a homeowner on Depot Lane,I have significant expertise related to groundwater contamination,and on-site approaches to wastewater treatment.My wife and 1 are environmental scientists and'professors in Stony Brook's School-of Marine and Atmospheric Sciences. 1 am a chemist who has taught on groundwater issues for over 30 years and periodically conducted research on issues related to Long Island groundwater. As a member of Stony Brook's Center'for Clean Water Technology I am involved in research evaluating and testing Innovative and Alternative On-site Wastewater Treatment Systems(I/A OWTS),an important topic of discussion for this and other developments of its kind. Finally,I am also working with the Long Island Cancer Center and a mulitidisciplinary team of scientists to develop a proposal to N1H's National Cancer Institute for a new-Cancer Cohort on Long Island where the focus will be drinking water risks coming from our groundwaters. Anne and 1 have lived at 1855Depot Lane since.Dune of 2018 and'are grateful that we have been able to move into our dream home which is also a family business,The Farmhouse Bed and Breakfast. We love our home and new focal community and agree strongly that there are critical needs for affordable housing as well-as needs to preserve as much of the ruratcharacter of the area as is possible. We and many of our neighbors purchased our properties with the understanding that all new development on Depot Lane would be subject to single family developments with a minimum 2 acre zoning. Approving a major change of zoning to allow a 16 unit development in a low population density area will undoubtably change the character of Depot Lane as there are about the same number of residences on Depot lane(between Route 48 and Main Street)and the proposed development. It will increase vehicle traffic to some extent. We have already been told-by returning guests thattraffic on Depot Lane is much worse than before. High density housing will further erode the tranquil nature of our community. Once we retire we will depend on the additional income provided by our bed and breakfast in order to cover the expenses of paying the mortgage and taxes and keeping up this large old home,and worry that changing the character of the local community will negatively impact the experience that we and our guests enjoy. Below I will detail a number of reasons why the Southold Town and its Zoning Board would in my view be far better served by limiting high density housing/motels/hotels to areas where the groundwater is already impacted by sewage stressors.'Developments such as proposed for the Knights of Columbus property will force nearby residents to go off of private wells and onto public water supplies to protect their health and property values. It will also increase the risk that our local area will no longer be a low Priority Zone for Nitrogen Abatement by Suffolk Count,potentially leading to what would have been avoidable costs associated with upgrading existing cesspools and septic tanks with expensive,and not necessarily very reliable 1/A OWTS. My primary concerns about this development and other zoning changes in similar areas around the Town relate to the impacts(economic and potential health issues)related to the on-site disposal of human wastes. The Knights of'Columbus Hall-property is south of Route 48-which is the approximate local groundwater divide. Groundwater under this property will travel south towards a number of Depot Lane properties that may still be on private wells and at least 3 if not all 4 of the properties that are nearest. Wastewater entering from this 16 unit development would'represent a highly concentrated plume(as compared to that from a single family home). I would be happy explain which chemicals(and even possibly viruses,although not bacterial pathogens)would present the biggest potential risks to the homeowner down gradient of the property. Even if the developer were to pay to have all the residences downstream of their property hooked up to town drinking water to protect their health, I have much more worrisome concerns concerning nitrogen inputs from the Knights of Columbus Property and the possible economic consequences of increased nitrogen loading to ourselves and local community. Suffolk County is facing great challenges associated with the fact that three quarters of our population'is unsewered and discharging sewage to ground. As the Zoning and Planning Boards are aware,the most obvious land'use management problems are groundwater discharges of nitrogen that are polluting our coastal embayments,impacting aquatic ecosystems including Peconic Bay as well as countless local ponds and tidal tributaries. While the largest contributors to nitrogen inputs on the North Shore were once agricultural use of fertilizers,the growth in population and the shift of agriculture to less fertilizer intensive crops has resulted in on-site wastewater disposal'becoming the main cause for most of the hotspot zones for contaminated groundwater. According to very detailed modeling supported by the 2020 Suffolk County Subwatersheds Wastewater Plan (https.//Suffolkcou ntyny.gov/Portals/0/formsdocs/planning/CEQ/2020/SWP%20F]NAL%20JUIy'�202020. pdf),large areas of Southhold's upper glacial aquifer are highly contaminated with nitrate nitrogen,and almost all of the high nitrate areas are in or downgradient of high density housing and commercial development zones. Based on this modeling,the County has designated areas that are highest priority for I/A OWTS systems,and at least in the recent past,only properties in these areas have been eligible for grants to defray the costs of these systems designed to remove most nitrogen from,wastewaters. These systems are expensive(''$20,000 or more per household)and the required annual operating costs are also not cheap. It is clear homeowners and new developments are likely facing higher costs for renovations and new developments,particularly in nitrogen impacted Priority Zone areas. There may also be economic risks as some in the County envision trying to mandate more upgrades to existing systems. Forgetting about how effective these systems are,this will'be a big expense to citizens throughout Southold that find themselves in high priority areas. At present Depot Lane residents are in an area that is very low priority in terms of nitrogen with low predicted nitrate levels. This designation should be protected-if at all-possible. In the information on the proposal for the Knights of Columbus Development that has been distributed, it is mentioned that 1/A OWTS should be recommended if zoning changes are approved. However,it should be pointed out that while these systems can help with decreasing loads to Peconic Bay,even when operating properly,neither remove a very high percentage of nitrogen inputs nor are they designed to remove other harmful contaminants. I want to make,a number of points here,some of which 1 am confident"of and some that lead-to important questions: 1. Such a system for 16 units would be very expensive,likely hundreds of thousands of dollars. Because it is multi=unit and not in a Priority 1 or 2 zone,the stated policy is that it would not be eligible for financial assistance from Suffolk-County.-There would be a strong incentive for the developer to try to get out of implementing such an expensive system. To my knowledge there is not a consistent history in the County for enforcing policies or even requirements for A/I OWTS-when they have been challenged. if there is only standard on-site sewage treatment, with 16 units,it does not take a sophisticated model to realize this is a new and concentrated source of nitrogen pollution. I have done simple calculations that would illustrate this point. For context,one could be putting as much as just under 2%of Cutchogue's population on a 2 acre parcel. 2. I/A OWTS are new technologies that neither work particularly well at removing nitrogen,as compared-to,municipal wasterwater treatment plants, nor have they been particularly well tested,particularly over time. Suffolk County requires such systems to remove enough nitrogen such that effluent averages 19 mg N/L,which if working would be primarily in the form of nitrate N. This is not a low level of nitrate nor will it be an insignificant nitrogen load. As you are probably aware,the maximum contaminant level(MCL)for nitrate in drinking water is 10 mg/L, which has historically been based on nitrate caused "blue baby syndrome". Typical nitrogen levels in septic tanks on the order of 50-60 mg N/L,while effluents from municipal sewage plants where better denitrification often achieves levels closer to 2 mg N/L. If an I/A OWTS is inputing 19 mg/N/L,this would be roughly equivalent to putting 5—6 residences on an approximately 2 acre parcel. Not only are these systems notwelftested,there is almost no data on how long they will last. Who would pay to have it replaced or ensure that maintenance contracts continue to be renewed? 3. Most often these systems are not kept in heated structures,and because microbial activity is less under cold conditions their efficiency will be worse during the winter leading to higher season dependent contaminant levels in downgradient groundwater plumes than regulated average levels. 4. These systems will also improve removal for some other contaminants of concern but will not remove others. They are not designed for this purpose nor tested in this regards. We know that other similar technologies are very inefficient at removing a number of wastewater contaminants of possible human health concern. 5. Finally based on discussion at the most recent Board meeting where Attorney Goggins discussed his plans for the Knights of Columbus property,he said he was planning on applying for wastewater flow for 2,400-gallons/day coming from the 16 residences,requiring the town to a� double the approved sewage credits from 1,200 to 2,400. This represents an estimated discharge of 150ga1/day-unit.or 75 gal/bedroom in the proposed 2 bedroom units. We would ask whether or not for multi-unit housing whether this number of credits is sufficient to get approved installation of I/A OWTS. The Suffolk County Policy is that the minimum sizing for I/A OWTS systems for a 1-3 bedroom single family home must have a septic system that can handle 400 gal/day,and that extra capacity of 110 gallons/bedroom are required. l do see in other County documents that in fact only 150 gallons/day-unit(75 gallons/bedroom)are required for septic systems coming from multi-unit dwellings with footprints of 450-600 ft2 that we have been told will be the case. However,it is not obvious to me whether this applies to getting approval for I/A OWTS. I am a bit concerned that even with doubling the approved discharge for this development they may be underestimating the necessary wastewater flow that may be required to either get approval-from the County for I/A OMITS systems of sufficient size to treat possible wastes from the development.This should be considered carefully before any plans are approved. I am reticent to bring up a final point that I think local policy makers might want to keep in mind when it comes'to decisions for new large sources of sewage to Southold's groundwater. I do not want to scare anyone,but over the past several months I've read extensively and had conversations with government officials,so I am aware of concerns at the County level,and with many other organizations,with respects to possible cancer risks associated with nitrate levels that are well below the current MCL of 10 mg N/L for drinking water. Although a number of private wells exceed-the MCL,the current criteria are relatively easy for public water suppliers and government to deal with by either moving supply wells to the cleaner Magothy aquifer or blending waters from different sources. The County's model suggest a number of areas in'Cutchogue and Southold that are well above the current MCL,but 1 have to believe that most of the residences in these primarily higher population density areas are on public supplies. In recent years,there have been a growing number of peer reviewed publications showingr correlations between cancer risks and-nitrate N'levels much tower than the MCL,perhaps nearer to 3mg N/L;if in fact the correlations are causal,the presumed mechanism would involve production of carcinogenic nitrosamines in the digestive tract. I personally am highly skeptical of these relationships,but first there will be much more research on this topic over the next few years and there is rapidly growing interest in studying this on Long Island as groundwater levels of nitrate are most often appreciably higher than that of surface water sources of drinking water. 1 mention this in this letter because,we still have a number of citizens on private wells in Southold(no idea how many),and-many of those residences on Depot Lane and elsewhere are likely in areas that have nitrate levels in the low to mid-single digit mg N/L. There are many trade-offs when making decisions,but I would urge you to keep in mind that there may be unintended consequences of approving high density housing in areas where there are down-gradient private wells. In summary,I have expounded on the risks of the proposed-,Depot Lane high density development and sewage discharge to our groundwaters;the possible economic losses in near or long-term to neighbors, and increased risks(not outcomes)of the greater amount of sewage contaminants that those south of the property will face unless they switch to public supply waters. 1 have tried to make points that apply not only to Depot Lane but to other low population density areas of Southold,where increased upgradient sewage loadings not only present risks to those on private wells,but a risk that low priority nitrogen abatement zones could be upgraded to high priority zones. So how then should-Southold and other Government officials handle the need the need for zoning accommodations to allow for more Affordable Housing? While there are no solutions that don't carry impacts or would not be fought by some-local citizens;the answer l'think-ties in either citing such properties in areas that are already in high priority nitrogen abatement zones. Ideally,one would convert existing commercial or high density residential housing to affordable housing. Requiring I/A OWTS should reduce nitrogen inputs as compared to traditional septic systems,but it will not bring inputs anywhere down to levels associated with a single residence(or very part time event space) built on this 2 acre property,and they represent a very costly and less than well proved technology. My intuition from studying these issues and the results of,and science behind,the Suffolk County Watershed Model-is that relying upon these expensive solutions may not alleviate future economic costs to local citizens and perhaps even human health risks in cases like this proposed 16 unit Depot Lane development. Thank you for reading this letter and concerns that we've raised. I admit that I don't know the rules and regulations related to wastewater permits or for requirements for I/A OWTS with multi-family units,let alone as they apply to the few local experiences with affordable housing. Twill seek to learn more in the coming week. 1 would be most happy to discuss further any of the many issues that I've raised in this letter. greours Bruce J Brownawell Anne E.McElroy 1855 Depot Lane Cutchogue,NY 11935 Bruce.brownawell@stonybrook.edu -631-379-6166(c61) CC: Louisa Evans,Jill Doherty,James Dinizio,Robert Ghosio,Sarah Nappa,Heather Lanza,Al Krupski, Cutchogue Civic Association r Southold Town RECEIVED Supervisor 53095 Main ti Rd. OCT 14 2020 P.O. Box 11971 Southold Town Clerk Southold, N.Y.11971 Dear Mr. Russell We are writing this Ietter--in oppositi n of the requested zoning change to the Knights of Columbus property c�� on Depot Lane in Cutchogue.We live on Depot Lane and have for 35 yrs.Since then the area has expanded with new homes.We have concerns about the enviroment along with traffic that this affordable housing project would create.Not only for us,our neighbors too. Changing the zoning will increase Mr. Goggins property value while decreasing property values of existing nearby homes. We strongly urge you and the board to oppose this project as it would pave the way for additional high density development on Depot Lane along with all of Southold town.This zoning change should be discussed at a public meeting.This way we can voice our opinions,not on zoom.The board members should be able to hear in person the arguments of the residents regarding water treatment, traffic and quality of life by putting this housing project in-a residential area.please consider our concerns and vote NO! Sincerely, Paul and Donna Carnevale Cutchogue ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 2 � a Neville, Elizabeth From: Tomaszewski, Michelle Sent: Wednesday, October 14, 2020 8:34 AM To: Neville, Elizabeth Cc: Rudder, Lynda; Doroski, Bonnie Subject: FW: civic association Good morning, For your public hearing file. Thank you, 7*.?" Michelle L.Tomaszewski Secretarial Assistant to the Southold Town Board Town of Southold Supervisor's Office 53095 Main Road P.O.Box 1179 Southold,NY 11971 Phone:631-765-1889 Fax:631-765-1823 michellet@town.southold.ny.us From: carnevale [mailto:donnasmiles@optonline.net] Sent:Tuesday, October 13, 2020 8:56 PM To: Russell,Scott<scottr@southoldtownny.gov>; Dinizio,James<james.dinizio@town.southold.ny.us> Cc: Evans, Louisa <louisae@southoldtownny.gov>; Nappa,Sarah <sarahn@southoldtownny.gov> Subject: Fwd: civic association ---------- Original Message ---------- From: carnevale <donnasmilesna,optonline.net> To: paulterminator@optonline.net Cc: donnasmilesgoptonline.net Date: October 11, 2020 at 8:22 PM Subject: civic association Donna & Paul Carnevale 865 Depot Lane Cutchogue, N.Y. 11935 Mr. Scott Russell i Neville, Elizabeth From: Tomaszewski, Michelle on behalf of Russell, Scott Sent: Tuesday, October 13, 2020 8:44 AM RECEIVED To: Neville, Elizabeth Cc: Rudder, Lynda; Doroski, Bonnie Subject: ' '-FW Depot-LanerResideptial-Rezoyning-- OCT 1 3 2020 Southold Town Clerk Good morning, For your public hearing file. From:Adrienne &Joe Fuchs [mailto:aafuchs@optonline.net] Sent:Tuesday, October 13, 2020 8:37 AM To: Russell,Scott<scottr@southoldtownny.gov> Subject: Depot Lane Residential Rezoning Dear Supervisor Russell, I'm writing on behalf of the many "locals" and "out of towner's" that call Southold home. We all live here because we value the rural charm, quiet and beauty the North Fork embodies. We're concerned with development, and the host of problems it brings. Our hope was that Southold's long awaited "Comprehensive Plan" would define in certain terms where we are going and delineate clear rules how we are to get there. The proposed development of th olK U residential-property for high density housing is in clear violation of the plan, and requires rezoning to proceed. Here is what we understand is proposed on a single residential lot: * 2 buildings * 16 - 2 bedroom units * 73 parking spaces We're asking you the Supervisor, the Board Members and everyone in our great town to pay heed to this development. When the town's own rules are so easily bent and precedence is set, what's coming to your neighborhood next? Pleases Grpeer iso=R=u eJ- bjb b-EIQ t ski pa pen Let's not have to tell the next generation how great our town used to be, let's "Save What's Left". Sincerely, Joseph and Adrienne Fuchs ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. l�. 1 [--KE-ICEIVED Oct. 5, 2020 OCT 8 2020 Carol & Michael Malkush 890 Depot Lane ' Southold Town Clerk Cutchogue, NY 11935 Mr. Scott Russell Southold Town Supervisor 58095 Main Rd. PO Box 1179 Southold, NY 11971 Dear Mr. Russell, We are writing this letter in kpposition�to the requested zoning change to the Knights of Columbus property on Depot Lane;—Cutchogue.. Zoning, ,prevents new development from hurting existing residences! Years ago, a HALO Zone was established in Cutchogue and all other towns throughout Southold. The purpose was to define and maintain the nature and purpose of property throughout the North Fork. There was a reason some areas were zoned for high density and others were not. Local attorney, Bill Goggins, is the current owner.of the Knights of Columbus property on Depot Lane. He is requesting the Southold Town Board to change the zoning. This. property is currently zoned Residential, (which also allows for fraternal organizations) and he wants it changed to Affordable Housing District. The plan he recently presented at a town board work session, is to build 16 two bedroom apartments on about two acres. That would include enlarging the footprint and adding a second story to the existing .Knights of Columbus building. It would also include building a second separate apartment building on the property. To build a project of this magnitude is unacceptable. We live on Depot Lane. When our .house was built 18 years ago, the town board required two acres to build a single family house. There is not one person on the block or in the community that I have spoken to that is in favor of the zoning change for this project. I am .not opposed to affordable housing, which we need much more of in Southold Town. I am opposed to changing the zoning to 'build high density in a residential community. There are currently many vacant buildings within the existing HALO Zone of Cutchogue that can be repurposed, including vacant stores, a church, the Catholic school and more. There is also vacant land for sale within the current Halo Zone. Changing the zoning will increase Mr. Goggins property value while decreasing property values of existing nearby homes. Furthermore, across the street there is about 20 acres, currently being rented and farmed by Sang Lee Farms. Development rights are not protected on that parcel. If the town board does not make the right decision on the Knights of Columbus property zoning, it will pave the way for additional high density development on Depot Lane. Changing this zoning also sets a bad precedent for future development in all of Southold Town. Sadly, it appears that this is being rushed through during COVID. We had previously written a letter (Email and US Mail) opposing this zoning change to Heather Lanza in March. I never received a reply or confirmation that this was received. I know for a fact that others have also written letters to the planning department. This zoning change should be discussed at a public meeting. This way, people can personally voice their opinions, not on a' zoom. The board members should be able to hear in person the arguments and see the emotions people have regarding; waste water treatment, aesthetics, increased traffic, and quality of life by putting in high density housing in a residential area! Whenever a vote is taken, please consider our concerns and vote NO to change the zoning of this property. Thank you! Sincerely, Michael and Carol Malkush Cutchogue CC: Louisa Evans Jill Doherty James Dinizio Robert Ghosio Sarah Nappa Heather Lanza Neville, Elizabeth From: Neville, Elizabeth Sent: Monday, August 02, 20213:30 PM To: Burke,John; Dinizio,James; Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon; Lauren Standish; Louisa Evans; Mirabelli, Melissa; Nappa, Sarah; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda (lynda.rudder@town.southold.ny.us); Russell, Scott;Tomaszewski, Michelle Cc: Norklun, Stacey Subject: Emailing: NF Comm Club,LLC AHD C o_20210802153349 Attachments: NF Comm Club,LLC AHD C o_20210802153349.pdf Attached, please letter from William Goggins regarding the AHD Change of Zone Application of 2050 Depot Lane, LLC f/k/a North Fork community Club, LLC. Elizabeth A. Neville Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: NF Comm Club,LLC AHD C o_20210802153349 Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 RECEIVED WILLIAM C. GOGGINS Attorney at Law AUG 2 2(0 13235 Main Road, P.O. Box 65 Mattituck, New or 1195 2 Southold ToNn Cerk Phone: (631) 298-4818 Fax: (631) 298-4214 Ernail: gogginsiaNv@gmaii.coni July 27, 2021 Southold Town Clerk's Office 53095 Main Road, P.O. Box 1179 Southold, New York 11971 Re: 2050 Depot Lane, Cutchogue, New York-, SCTM 1000-10100-02.00-005.000; 2050 Depot Lane, LLC f/k/a North For Community Club, LLC Dear Members of the Southold Town Board: On October 20, 2020 at the public meeting, the Town Board reviewed our application to construct sixteen (16) affordable housing units, and voted against the project. It appeared that the Board's concern was the amount of units, not the idea of affordable housing at the site® We hereby amend our application to construct twelve (1 2) affordable housing units at the site, and ask that a public hearing be scheduled. If you have any questions or require additional information, please contact the undersigned. Thank you. Vel',v truly yours, Williarnt"." %_19ggins WCG1 Neville, Elizabeth From: William C. Goggins <gogginslaw@gmail.com> Sent: Monday, August 02, 20212:45 PM To: Neville, Elizabeth Subject: Re: nothing received yet? Attachments: Goggins Knights Town Board Letter 27.pdf Hu Betty: Here it is: William C. Goggins Goggins & Associates P.O. Box 65, 13235 Main Road Mattituck, New York 11952 Phone: (631) 298-4818 Fax: (631) 298-4214 gog ing slawggmail.com On Aug 2, 2021, at 2:11 PM,Neville, Elizabeth<E.Neville ,town.southold.ny.us> wrote: Elizabeth A. Neville Southold Town Clerk, Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel. 631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 1 ��9UFF0l+ RESOLUTION 2020-765 7�a DEFEATED DOC ID: 16575 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2020-765 WAS DEFEATED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 17,2020: WHEREAS, the Town Board has received an application to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM#1000-102-2-5 from Residential Low-Density (R-80)to Affordable Housing District (AHD). The petitioner for this request is North Fork Community Club LLC n/k/a 2050 Depot Lane, LLC. The property is approximately 2.08 acres (90,804 sq. ft.) and is located at 2050 Depot Lane, Cutchogue,New York.; and WHEREAS, the Planning Board conducted a review of said Application and issued a Memorandum dated July 29, 2020, supporting this Application; and WHEREAS the Town Board of the Town of Southold held a public hearing on the afore said Local Law, at which time all interested persons were given the opportunity to be heard; RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM#1000-102-2-5 from Residential Low-Density (R-80)to Affordable Housing District(AHD)"which reads as follows: LOCAL LAW NO. 2020 I. PURPOSE A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM #1000-102-2-5 from Residential Low-Density (R-80) to Affordable Housing District (AHD) II. CODE AMENDMENT Based on the goals of the Town, and upon our consideration of the recommendations of the Town Planning Board,the Suffolk County Planning Commission, and the public comments taken at the public hearing and otherwise, we hereby amend the official Zoning Map of the Town of Southold as adopted to change the parcel known as SCTM#1000-102-2-5 from Residential Low-Density (R-80)to Affordable Housing District(AHD)". III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. resolution 2020-765 Board Meeting of November 17, 2020 �"67, Elizabeth A. Neville Southold Town Clerk RESULT: DEFEATED [1 TO 41 MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Robert Ghosio NAYS: Sarah E.Nappa, Jill Doherty, Louisa P. Evans, Scott A. Russell RECUSED: James Dinizio Jr Updated: 11/17/2020 3:19 PM by Lynda Rudder Page 2 Southold Town Board - Letter Board Meeting of September 8, 2020 RESOLUTION 2020-570 Item # 5.30 ADOPTED DOC ID: 16429 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2020-570 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 8, 2020: WHEREAS, the Town Board has received an application to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM #1000-102-2-5 from Residential Low-Density (R-80) to Affordable Housing District (AHD); and WHEREAS, the Town Board of the Town of Southold referred said Application to the Planning Board for review and recommendations; and WHEREAS, the Planning Board conducted a review of said Application and issued a Memorandum dated July 29, 2020, supporting this Application; and WHEREAS, the Local Law is entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning District Designation of SCTM#1000-102-2-5 from Residential Low-Density (R-80) to Affordable Housing District(AHD) NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold is considering the change of zone of said parcel known as SCTM #1000-102-2-5; and it is further RESOLVED that the Town Board of the Town of Southold establishes itself as lead agency; and it is further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning, including SEQRA and LWRP report and recommendations; and it is further RESOLVED that the Town Clerk of the Town of Southold is directed to forward the matter to the Suffolk County Planning Commission for a report and recommendations; and it is further RESOLVED that pursuant to the requirements of Section 265 of the New York State Town Laval and the Code of the Town of Southold, Suffolk County, New York, 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 201' day of October, 2020 at 7:00 p.m. The purpose of this Local Law is to change the Zoning District Designation of SCTM #1000-102-2-5 from Residential Low-Density (R-80) to Affordable Housing District (AHD). The petitioner for Generated September 9, 2020 Page 43 Southold Town Board - Letter Board Meeting of September 8, 2020 this request is North Fork Community Club LLC n/k/a 2050 Depot Lane, LLC. The property is approximately 2.08 acres (90,804 sq. ft.) and is located at 2050 Depot Lane, Cutchogue, New York. Elizabeth A. Neville Southold Town Clerk -RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Robert Ghosio, Councilman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell Generated September 9, 2020 Page 44 ELIZABETH A.NEVILLE SOF F04Town Hall, 53095 Main Road TOWN CLERK am-9 co�s PO Box ]179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y'�Ol �a°� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD SOUTHOLD TOWN BOARD REGULAR MEETING November 17, 2020 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday,November 17, 2020 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on November 17, 2020 at Meeting Hall, 53095 Route 25, Southold,NY. r` N, li`^ 'rived'. ttendee ame _ O`r aniz_ation' _ _ h Sarah E.Nappa - Town of Southold Remote Councilwoman � . James Dinizio Jr �Town of Southold Cou_n-_cilman_ Remote Jill Doherty Town of Southold_ Councilwoman Present _Robert Ghosio Town of Southold ��Councilman Present �� Louisa P. Evans 9 Town of Southold Justice Remote Scott A. Russell $Town of Southold Supervisor Present 1. Reports 1. Trustees Monthly Report 2. Justice Court Reports 3. Trustees Monthly Report II. Public Notices 1II. Communications IV. Discussion 1. 9:00 Steve Biasetti, Group for the East End and John Sepenoski (In-Person) Page 1 November 17, 2020 Southold Town Board Board Meeting problems with ATV's and lose dogs on Breakwater beach during nesting seasons. Possibly contact Mattituck Park District regard their restrictions 2. 9:30 Councilwoman Jill Doherty, Denis Noncarrow and Michael Collins, Town Engineer (In-Person) 3. 9;45 Councilman Ghosio,Denis Noncarrow and Jennifer Del Vaglio, Chair of the Economic Development Committee (In-Person) Need more details 4. 10:00 Vincent Orlando, Highway Superintendent transfer F450 from Highway to FI this year. No purchase on F250. 5. Supervisor Russell send to Planning 6. Supervisor Russell TA to draft code for Local Law 7. Councilwoman Nappa Supervisor to revise executive order extending restaurant Supervisor office to draft letter regarding aircraft 8. Cost of Sanitary Flow Credits Jill and TA to review 9. North Fork Community LLC Change of Zone Discussion Place resolution on for vote 10. EXECUTIVE SESSION -LABOR Matters Involving the Employment of a Particular Corporation(S) 11. EXECUTIVE SESSION - LABOR- Collective Bargaining Negotiations - CSEA 12. EXECUTIVE SESSION -LABOR-Matters Involving the Employment of a Particular Person(S) 13. EXECUTIVE SESSION - Lease of Real Property Where Publicity Could Affect the Value Thereof Openin,- Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise for the Pledge. Thank you. Okay, at this point I am going to ask anyone that would like to comment on any of the agenda items to please feel free? Page 2 November 17, 2020 Southold Town Board Board Meeting MODERATOR: For those of you joining us virtually, you can type in a question or use the raise hand button on the zoom toolbar or by phone by pressing *9. SUPERVISOR RUSSELL: Okay, let's get the agenda done. V. Resolutions 2020-745 CATEGORY.- Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated November 17 2020. �✓;Vote:Record,--Resolution RES-2020-745 n '4� El Adopted ❑ Adopted as Amended ❑ Defeated ---- — ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Sarah E Nappa Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter D ❑ 11El❑ Rescinded Robert Ghos�o Seconder ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans r Mover Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-746 CATEGORY.- Set Meeting DEPARTMENT. Town Clerk Set Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, December 1,_2020 at the Southold Town Hall Southold New York at 7:00 P. M.. ✓°=Vote Record,- Resolution RES-2020-746- " `` , 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Sarah E Nappa Voter D ❑ ❑ i ❑ ❑ Defeated James Dm¢io Jr Voter Rl ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Seconder El ❑ ❑ i ❑ ❑ Supervisor's Appt Louisa P Evans Mover ❑ ❑ ❑ ❑ Page 3 November 17, 2020 f Southold Town Board Board Meeting ' ❑ Tax Receiver's Appt Scott A Russell ( Voter D ❑ ❑ 1 ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2020-747 CATEGORY.• Advertise DEPARTMENT.• Town Clerk Part-Time Season Cashier in Tax Receiver's Office RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for the position of Part-Time, Seasonal Tax Cashier in the Receiver of Taxes Office. ✓Vote Record-Resolution RES-2020-747 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E.Nappa Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter IZI ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter IZI ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter lZ ❑ ❑ ! ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-748 CATEGORY: Employment-Town DEPARTMENT: Accounting Acknoiviedges the Retirement of Beverly Norkelun WHEREAS, the Town of Southold has received notification via U.S. Mail on November 5, 2020 from the NYS Retirement System concerning the retirement of Beverly Norkelun effective January 6, 2021 now therefore be it Page 4 SNovember 17, 2020 Southold Town Board Board Meeting RESOLVED that the Town Board of the Town of Southold hereby acknowledges the retirement of Beverly Norkelun from the position of Senior Citizen Aide II for the Human Resource Center, effective January 6, 2021. =✓-Vb`te,Recoi•d=-Resolution RES=2020-748"` 0 Adopted ❑ Adopted as Amended ❑ Defeated -- — — - — — -- -- 1 ❑ Tabled ---- Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Sarah E Nappa Voter 0 El Elj ❑ ❑ Supervisor's Appt James Dimzio Jr Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty � Seconder 0 ❑ ❑ � ❑ Robert Ghosto Voter 0 ❑ El El❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ( ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-749 CATEGORY.• Committee Appointment DEPARTMENT.• Town Clerk 2020 Committee Re-Appointments RESOLVED that the Town Board of the Town of Southold hereby appoints the following members to the following committees, effective November 17, 2020: Agricultural Advisory Committee (through 3/31/2023) Chris Baiz Douglas Cooper Jim Glover Anthony Sannino John B. Sepenoski, Jr. Thomas C. Stevenson Anti-Bias Task Force (through 3/31/2023) Loretta Hatzel-Geraci Jean LePre Eleanor Lingo Carolyn G. Peabody Architectural Review Board (through 3/31/2023) Reynolds duPont, Jr. Fishers Island Liaison Board of Ethics (through 3/31/2025) Page 5 November 17, 2020 r , Southold Town Board Board Meeting Frederick Weber Conservation Advisory Council (through 3/31/2022) Carol Brown Caroline Burghardt Peter Meeker John Stein Peter A. Young Deer Manal4ement Task Force David Dominy John Haas Craig Jobes Jim McMahon John Rasweiler Adam West John Wittenberg Dredging Advisory Committee (through 3/31/2020) Peter R. McGreevy Chris R. Showalter Historic Preservation Commission (through 3/31/2024) Mariella Ostroski Anne Surchin Housing Advisory Committee Eric Dantes Patricia Lutzky Debra O'Kane Tree Committee (through 3/31/2023) Derek Bossen Peter Burr Gerard Orientale Youth Bureau Robert Duffin ✓Vote Record-Resolution RES-2020-749 0 Adopted } Yes/Ave No/Nay Abstain Absent ❑ Adopted as Amended Sarah E Nappa Voter D ❑ ❑ I ❑ ❑ Defeated James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Mover 0 ❑ ❑ j ❑ ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ I ❑ ❑ Supervisor's Appt Louisa P Evans ( Voter 0 ❑ ❑ i ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ Page 6 >November 17, 2020 Southold Town Board Board Meeting ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2020-750 CATEGORY.• Employment-FIFD DEPARTMENT.- Accounting Approve Resolution Number 2020-173 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2020-173 of the Fishers Island Ferry District adopted November 9, 2020 which reads as follows: Whereas Captain Ryan Healy has decided to resign from his position as full-time Captain (FIFD) and part- time Deckhand (FIFD); and Therefore it is RESOLVED that with effect the end of business on October 31, 2020 Ryan Healy has voluntarily resigned from his part-time Deckhand (FIFD) and full-time Captain (FIFD) position. Mr. Healy does not have any accruals. ✓ Voti Record-Resolution RES72020-750 R3 Adopted ❑ Adopted as Amended ❑ Defeated -�— Yes/Aye No/Nay Abstain Absent ❑ Tabled - --- ---- - - -- ❑ Withdrawn Sarah E Nappa } Voter � ❑ ❑ 1 ❑ James D ❑ Supervisor's Appt mizio Jr ( Voter D ❑ Elj El ❑ Tax Receiver's Appt Jill Doherty j Voter 2 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio j Seconder El ❑ 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Mover ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 171 ❑ ❑ I El ❑ No Action ❑ Lost 2020-751 CATEGORY.• Employment-Town DEPARTMENT. Accounting Acknowledges the Retirement of Dorothy Chituk Page 7 November 17, 2020 r Southold Town Board Board Meeting WHEREAS, the Town of Southold has received notification via U.S. Mail on November 10, 2020 from the NYS Retirement System concerning the retirement of Dorothy Chituk effective October 30, 2020 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the retirement of Dorothy Chituk from the position of Tax Cashier for the Tax Receivers Office, effective October 30, 2020. ✓Vote Record,-Resolution RES-2020-751 0 Adopted ❑ Adopted as Amended ❑ Defeated � Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dimzio Jr i Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ( ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-752 CATEGORY.• Authorize to Bid DEPARTMENT.• Solid Waste Management District 2021 Bid Authorizations: SWMD RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the following items for 2021: Household Hazardous Waste Removal Scrap Tire Removal Vehicle Scale Maintenance and Service ✓Vote Record-Resolution RES-2020452 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amendedover --- - — Sarah E Nappa M 0 ❑ ❑ ❑ ❑ Defeated El Tabled lames Dmizio Jr Seconder 0 11 El El El Withdrawn Jill Doherty j Voter ' 0 ❑ ❑ ❑ Robert Ghosio Voter 0 ❑ ❑ j ❑ ❑ Supervisor's Appt El ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 0 ❑ � ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Page 8 )November 17, 2020 Southold Town Board Board Meeting ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2020-753 CATEGORY.• Special Events DEPARTMENT: Town Attorney Special Events Permit Shamrock Christmas Tree Farm RESOLVED that the Town Board of the Town of Southold hereby grants permission to Shamrock Christmas Tree Farm to hold four(4) Special Events at the Shamrock Christmas Tree Farm, 20685 Main Road, Mattituck as applied for in Application SCTF2a-d on December 4, 11, 12 and 13 from 9:00 AM to 5:00 PM,provided they adhere to all conditions on the application and permit and to the Town of Southold Policy for Special Events. ✓Vote Record=Resolutio'r4gSz2020--753-�,�" 0 Adopted ❑ Adopted as Amended ❑ Defeated --- — - - - -� ------ -- -- ------ ----- - --- Yes/Aye No/Nay Abstain Absent El Tabled - - -- -- --•--- -- - - - -------- ❑ Withdrawn Sarah E.Nappa Voter El ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Mover RI ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty ^� Voter Rl ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder, 21 ❑ ❑ ( ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-754 CATEGORY.• Budget Modification DEPARTMENT: Accounting 2020 Budget Modification - Off Street Parking Financial Impact: Increase budget line for property lease fee RESOLVED that the Town Board of the Town of Southold hereby modifies the 2020 General Fund Whole Town budget as follows: Page 9 November 17, 2020 Southold Town Board Board Meeting From: A.1990.4.100.100 Unallocated Contingencies $11 Total $11 To: A.5650.4.400.700 Off Street Parking, Property Lease $11 Total $11 ,/-Vote Record-Resolution RES-2020-754 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled —- --- -- --— - ❑ Withdrawn Sarah E Nappa i Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ( ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ! ❑ ❑ Town Clerk's Appt Louisa P Evans� Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ` ❑ ❑ No Action ❑ Lost 2020-755 CATEGORY.• Budget Modification DEPARTMENT.• Accounting 2020 Budget Modification-Emergency Management Financial Impact.• Move funds around for COVID-19 expenditures RESOLVED that the Town Board of the Town of Southold hereby modifies the 2020 General Fund Whole Town budget as follows: From: A.3640.4.400.300 Emergency Management, Contracted Svcs $1,200 Total $1,200 To: A.3640.4.100.100 Emergency Management, Misc Supplies $1,200 Total $1,200 ✓Vote Record-Resolution RES-2020-755 D Adopted ._ - -- - -- Yes/Aye No/Nay Abstain C Absent ❑ Adopted as Amended Sarah E Nappa Voter D ❑ El ❑ Defeated ❑ Tabled .lames Dmizio Jr 1 Voter 0 ❑ ❑ ❑ ❑ Withdrawn .till Doherty i Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Seconder 0 ❑ ❑ j ❑ Page 10 November 17, 2020 Southold Town Board Board Meeting ❑ Tax Receiver's Appt Louisa P Evans Mover 0 ❑ ❑ 1 ❑ ❑ Rescinded Scott A Russell ' Voter 0 ❑ ❑ 1 ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2020-756 CATEGORY.• Contracts, Lease&Agreements DEPARTMENT.• Town Attorney Retain Ryan for Assessors Financial Impact: Counsel for Board of Assessors RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a 2021 retainer agreement with James Ryan, Esq. to act as counsel to Town of Southold Board of Assessors. ✓,Vote Record-Resolution BES-2020-75G 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled --- —- - ------ — - Sarah E Nappa Voter 0 ❑ ❑ --j ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost - 2020-757 CATEGORY.• Budget Modification DEPARTMENT: Police Dept 2020 Budget Modification-Police Department Financial Impact: Reallocation of budgetary finds to relieve negative balances and for anticipated payments RESOLVED that the Town Board of the Town of Southold hereby modifies the 2020 General Page 11 November 17, 2020 Southold Town Board Board Meeting Fund Whole Town budget as follows: From: A.3020.1.100.100 Public Safety Comm/PS/Regular Earnings $25,000 Total $25,000 To: A.3020.1.100.300 Public Safety Comm/PSNacation Earnings $5,000 A.3020.1.100.200 Public Safety Comm/PS/Overtime Earnings $20,000 Total $25,000 ✓Vote Record-Resolution RES-2020-757, 0 Adopted ❑ Adopted as Amended ❑ Defeated —--------------------- ---- ------ — ------ --- --- - Yes/Aye No/Nay----Abstain---T A---bsent ❑ Tabled --- —- -- ❑ Withdrawn Sarah E Nappa Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ( ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-758 CATEGORY.• Organizational DEPARTMENT. Accounting Flushing as Depository RESOLVED, that the Town Board of the Town of Southold hereby designates Flushing Bank as a depository of Town of Southold, and that funds of this Corporation deposited in said Bank, be subject to withdrawal upon checks, notes, Resolution drafts, bills of exchange, acceptances, undertakings of other orders for the payment of money when signed on behalf of this Corporation by any one 1) of its following officers to wit: Supervisor Deputy Supervisor BE IT FURTHER RESOLVED, that the above Bank, is hereby authorized to pay any such Page 12 c -,November 17, 2020 Southold Town Board Board Meeting orders and also to receive the same for credit of or in payment from the payee or any other holder without inquiry as to the circumstances of issue or the disposition of the proceeds even if drawn to the individual order of any signing officer or tendered in payment of his individual obligation. Borrowing Resolution. BE IT FURTHER RESOLVED, that the Supervisor and Deputy Supervisor be end they hereby are authorized to borrow from time to time on behalf of this from the above Bank sums of money for such period or periods of time, and upon such terms, rates of interest and amounts as may to them in their discretion seem advisable and to execute notes or agreements in the forms required by said Bank in the name of the Corporation for the payment of any sums so borrowed. That said officers are hereby authorized to pledge or mortgage any of the bonds, stocks or other securities, bills receivable, warehouse receipts or other property real or personal of the Corporation, for the purpose of securing the payment of any moneys so borrowed; to endorse said securities and/or to issue the necessary powers of attorney and to execute loan, pledge or liability agreements in the forms required by the said Bank in connection with the same. That said officers are hereby authorized to discount with the above Bank any bills receivable held by this Corporation upon such terms as they may deem proper. That the foregoing powers and authority will continue until written notice of revocation has been delivered to the above Bank. BE IT FURTHER RESOLVED, that the Secretary of this Corporation be and he hereby is authorized to certify to the above BE IT FURTHER RESOLVED, that the Secretary of this Corporation be and he hereby is authorized to certify to the above Bank, the foregoing resolutions and that the provisions thereof are in conformity with the charter and By-Laws of this Corporation. Vote Record-Resolution RES-2020-758 D Adopted —_.__,__ ____�.____.. __�__ Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated Sarah E Nappa i Voter El ❑ ❑ 1 ❑ Page 13 November 17, 2020 Southold Town Board Board Meeting ❑ Tabled .lames Dmizio Jr ( Mover 0 ❑ ❑ 1 ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 ; ❑ ❑ ( ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2020-759 CATEGORY.• Budget Modification DEPARTMENT.• Solid Waste Management District 2020 Budget Modification-SWMD Financial Impact: To provide funds for engine repairs on Mechanic Vehicle. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2020 Solid Waste Management District budget as follows: From SR 8160.4.100.621 Maint/Supply -250 Pickup $ 300 SR 8160.4.100.622 Maint/Supply—350 Pickup 300 SR 8160.4.100.646 Maint/Supply—Mechanic Truck 200 SR 8160.4.100.647 Maint/Supply—Water Truck 300 SR 8160.4.100.900 Landscaping Supplies 300 Total $1,400 To: SR 8160.4.400.695 Repairs—Mechanic Truck $1,400 Total $1,400 ✓Vote Record-Resolution RES-2020-759 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain ( Absent ❑ Defeated - - —--- - Sarah E Nappa I Voter 0 El (] ❑ Tabled lames Dmizio Jr ( Voter 0 ❑ ❑ El ❑ Withdrawn ❑ Supervisor's Appt Jill Doherty 1 Mover 0 ❑ ❑ ❑ , Robert Ghosio j Seconder 0 ❑ El , El❑ Tax Receiver's Appt ❑ Rescinded Louisa P Evans i Voter 0 ❑ ❑ j ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ j ❑ ❑ Supt Hgwys Appt ❑ No Action Page 14 >November 17, 2020 Southold Town Board Board Meeting ❑ Lost 2020-760 CATEGORY: Special Events DEPARTMENT. Town Clerk Tree Lighting Ceremony-East End Hospice RESOLVED that the Town Board of the Town of Southold hereby grants permission to East End Hospice to hold its East End Hospice Tree of Lights on the Cutchogue Village Green on December 6, 2020 from 2:00 PM to 3:30 PM, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. "✓Vote Record-Resolution RES-2020,-.Z60: `< ' 0 Adopted ❑ Adopted as Amended • Defeated t-- --�'— ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Sarah E Nappa Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty [Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghos�o Voter ❑ ❑ { ❑ ❑ Town Clerk's Appt Louisa P Evans { Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ { ❑ ❑ No Action ❑ Lost 2020-762 CATEGORY. Committee Appointment DEPARTMENT.• Town Clerk Board of Ethics Secretary RESOLVED that the Town Board of the Town of Southold hereby appoints Lynda M Rudder as Secretary of the Board of Ethics, effective immediately through December 31, 2020 not to exceed five (5) hours per week in addition to her regular 35 hour work week, regardless of the number of committees she serves. ✓Vote Record-Resolution RES-2020-762 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent _ _ ❑ Defeated Sarah E Nappa ; Mover D ❑ ❑ ❑ Page 15 November 17, 2020 < Southold Town Board Board Meeting ❑ Tabled James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter Q ❑ ❑ i ❑ ❑ Supervisor's Appt Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans ^� Seconder Q ❑ ❑ ( ❑ ❑ Rescinded Scott A Russell Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2020-763 CATEGORY: Organizational DEPARTMENT: Town Attorney Confidential Secretary- Town Attorney RESOLVED that the Town Board of the Town of Southold hereby appoints Melissa Mirabelli as Confidential Secretary to the Town Attorney effective November 23, 2020 at a starting salary of $65,000 per annum pending background search completion. Vote Record-Resolution RES-2020-763 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain ; Absent ❑ Tabled Sarah E Nappa ❑ Withdrawn Voter Q ❑� ❑ �� ❑ ❑ Supervisor's Appt James Dmizio Jr ( Mover Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ j ❑ ❑ No Action ❑ Lost 2020-764 CATEGORY: Policies DEPARTMENT. Town Attorney Adopt Revised Social Media Policy Page 16 • November 17, 2020 Southold Town Board Board Meeting RESOLVED the Town Board of the Town of Southold hereby adopts a revised Social Media Policy for Town Employees and directs the Accounting Department to deliver a copy to each employee. V6te Record=ResolutiomRES-2020-764 0 Adopted ❑ Adopted as Amended ❑ Defeated ---- - - ---— ------- - ❑ Tabled Yes/Aye No/Nay Abstain Absent El Withdrawn Sarah E Nappa Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Recewer's Appt Jill Doherty Mover 0 ❑ _ 11 ( ❑ Robert Ghosio Voter D ❑ [10 ❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ �❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ { ❑ ❑ No Action ❑ Lost 2020-765 CATEGORY.' Enact Local Law DEPARTMENT. Town Clerk Enact LL 2050 Depot Lane, LLC WHEREAS, the Town Board has received an application to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM#1000-102-2-5 from Residential Low-Density (R-80)to Affordable Housing District (AHD). The petitioner for this request is North Fork Community Club LLC n/k/a 2050 Depot Lane, LLC. The property is approximately 2.08 acres (90,804 sq. ft.) and is located at 2050 Depot Lane, Cutchogue,New York.; and WHEREAS, the Planning Board conducted a review of said Application and issued a Memorandum dated July 29, 2020, supporting this Application; and WHEREAS the Town Board of the Town of Southold held a public hearing on the afore said Local Law, at which time all interested persons were given the opportunity to be heard; RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM#1000-102-2-5 from Residential Low-Density (R-80) to Affordable Housing District (AHD)" which reads as follows: LOCAL LAW NO. 2020 I. PURPOSE Page 17 November 17, 2020 r r, • Southold Town Board Board Meeting A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM #1000-102-2-5 from Residential Low-Density (R-80) to Affordable Housing District (AHD) II. CODE AMENDMENT Based on the goals of the Town, and upon our consideration of the recommendations of the Town Planning Board, the Suffolk County Planning Commission, and the public comments taken at the public hearing and otherwise, we hereby amend the official Zoning Map of the Town of Southold as adopted to change the parcel known as SCTM#1000-102-2-5 from Residential Low-Density (R-80) to Affordable Housing District (AHD)". III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-ResolutioniRES-2020-765. e _ ❑ Adopted ❑ Adopted as Amended 0 Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled 0 Withdrawn Sarah E Nappa Voter ❑ 0 El ❑ ❑ Supervisor's Appt James Dmizio Jr Voter ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter ❑ 0 ❑ j ❑ ❑ Rescinded Robert GhosioSeconder 0 ❑ ❑ i ❑ ❑ Town Clerk's Appt Louisa P Evans Mover ❑ 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ 0 ❑ ❑ ❑ No Action ❑ Lost COUNCILWOMAN NAPPA: I support efforts to create affordable housing in our town, I believe that the size and the scope of this project is too big for the location, so I vote no. COUNCILMAN GHOSIO: I vote yes, I support the application, I think the opportunity for private sector individuals coming to the town offering to build affordable or workforce housing is rare, in my opinion I think that this particular application would be appropriate in this spot, it is an area where there is quite a bit of mixed use. There's restaurants, there's commercial on that street. Frankly, I didn't think in my opinion that it was going to be too big for that parcel, so I am all for it. JUSTICE EVANS: I agree with Councilwoman Nappa's remarks and vote no. Page 18 November 17, 2020 Southold Town Board Board Meeting SUPERVISOR RUSSELL: Yes, I just want to touch on two quick points, before I vote. First, there's two fundamental, two issues that has come out of this,we've gotten a lot of comments and a lot of submissions both for and against it and I think it sort of reveals two things. First, I think there's probably a general lack of understanding or misunderstanding of the town's affordable housing program. Some of the comments were directed more towards what people might have perceived as what traditionally is considered low income housing. The town's program isn't that at all. I also think there's a misunderstanding, floating zones do not create precedence,that's the whole intent. In fact they are generally the opposite of traditional spot zoning. With spot zoning, you usually identify the parcel and the allowed uses, get approval after that zoning. This is the opposite. You identify the project first and then assign the zoning to that project and it becomes something in perpetuity. Also, I am going to really ask people in the future, we are trying to encourage developers VI. Public Hearings Page 19 J ~; RECEIVED GOGGINS & ASSOCIATES JUL 3 0 2020 ATTORNEYS AT LAW 13'235 Main Road, P.O. Box 65 Southold Town Clerk Mattituck, New York 11952 Phone (631)298-4818 William C.Goggins,Esq. Fax (631) 298-4214 gogginslaw@gmail.com Donald Mates,Esq. Of Counsel July 27, 2020 Philip J.Branigan,Esq. Of Counsel Members of the Southold Town Board 53095 Main Road, P.O. Box 1179 Southold, New York 11971 Re: 2050 Depot Lane, Cutchogue, New York; SCTM 1000-102.00-02.00-005.000; North Fork Community Club, LLC n/k/a 2050 Depot Lane, LLC Dear Sir/Madam: In connection with the Zone Change Application submitted on August 15, 2019, we respectfully request that the public hearing be scheduled for the public to have input, and for the Town Board to vote on the application. Thank you. Very truly your , r a William C. G ggins WCG\ l wa, WILLIAM C. GOGGINS ATTORNEYAND COUNSELOR AT LAWy ,t 'S .?�f� .I%.,lf. d{i,}J{�,' .tS'"-•A tF''1'�CSE �. r-...,�'i"^'^q^Mn`a�f- _ '' `-`��i'e 13235 Main Road,P.O.Box 65 ��. " �. O R E V E R IR Mattituck,New York 11952 -- Members of the Southold Town Board P.O. Box 1179 Southold, New York 11971 ELIZABETH A.NEVILLE,MMC ��.� l/y Town Hall,53095 Main Road TOWN CLERKo P.O.Box 1179 C#3 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p ® Fax(631)765-6145 MARRIAGE Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER � ®' ®di �`� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 28, 2020 Re: Change of Zone Application of North Fork Community Club, LLC, nka2020 Depot Lane, LLC Donald Wilcenski, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr.Wilcenski: The Town Board discussed this application at their work session this morning. They are requesting that you please prepare an official report defining the Planning Board's recommendations and comments with regard to this proposal and forward it to me at your earliest convenience. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, 4 Elizabe h A. Neville Southold Town Clerk cc:Town Board Town Attorney Neville, Elizabeth From: Neville, Elizabeth Sent: Tuesday,January 28, 2020 2:23 PM To: Lanza, Heather; Michaelis,Jessica;Terry, Mark Cc: Duffy, Bill; Noncarrow, Denis Subject: RE: C of Z Referral Depot Lane OK, I will send you a separate letter for to review for comments and recommendations. Thank you Betty Ague Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 From: Lanza, Heather Sent: Tuesday,January 28, 2020 2:13 PM To: Neville, Elizabeth; Michaelis, Jessica; Terry, Mark Cc: Duffy, Bill; Noncarrow, Denis Subject: RE: C of Z Referral Depot Lane Hi Betty, We did the first step,which was reviewing the application for completeness,but we haven't been asked for comments yet. Do we know if the Town Board has elected to consider this change of zone? If not, finding that out might be the logical next step. If they are choosing not to consider it, then it wouldn't make sense for Planning to spend time researching it and developing comments. If they need more information to make their decision on whether they will consider if,we are happy to help gather that information and provide comments,but we'll need some indication from the Town Board that they need this from us. Typically that would be in writing from your office—which could be in memo form if the Town Board is not sure yet whether they want to consider this application. If you already sent a request, I apologize if we missed it. Thanks. Heather From: Neville, Elizabeth Sent:Tuesday,January 28, 2020 12:33 PM To: Lanza, Heather<heather.lanza@town.southold.nv.us>; Michaelis,Jessica <iessicam@southoldtownny.eov>;Terry, i Mark<mark.terry@town.southold.nv.us> Subject:C of Z Referral Heather, Did Planning send a written recommendation with their comments on the change of zone application of"NF Comm Club,LLC/2050 Depot Lane LLC? Please advise. Thank you. Betty Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel. 631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 2 ELIZABETH A. NEVILLE MMC �� Town Hall,53095 Main Road TOWN CLERK �� w P.O.Box 1179 ur q Southold,New York 11971 REGISTRAR OF VITAL STATISTICS IV r°'� h Fax(631)765-6145 MARRIAGE OFFICERi Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER w ° �"� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To:. William M. Duffy,Town Attorney Heather Lanza, Planning Director From: Elizabeth A. Neville,Town Clerk Re: Change of Zone Application submitted by William C. Goggins for North Fork Community Club, LLC n/k/a 2050 Depot Lane, LLC on August 14, 2019, The Application in its' entirety mpy be viewed in Laserfiche: -Town Clerks Chan a of Zone; Pendin • NF Comm Club LLC n k a 2050 De of Lane LLC. Please review this application for completeness and send me your comments and recommendations. Thank you. Date: August 15, 2019 cc: Supervisor and Town Board Members NAME OF APPLICATION: DATE: August 15, 2019 ❑ Check means item is complete ❑ Circle means item not complete CHECKLIST FOR REZONING PETITION TC TA PB X❑ ❑ ❑ Four(4) complete copies of petition with Town Clerk with original signatures. Each set MUST be ordered as follows: X❑ ❑ ❑ Fee of$1,000.00 ($500.00 for AHD) X❑ ❑ ❑ Written notice to all property owners within 200' of property; mailed within 5 days ~ !Ig filing of petition X❑ ❑ ❑ File proof of mailing of notices to adjacent property owners in a sworn statement with Clerk's office and submit all original certified mail postal receipts NOTICE MUST CONTAIN: • Statement Of Proposal (as presented in zoning petition) • Description Of Property • Present Zone And Proposed Zone • Petition Will Be Filed Within 5 Days • Petition Can Be Reviewed In Clerk's Office • Public Hearing Must Be Held • Adjacent Owners Right To Be Heard @ Hearing • 10 Days Before Hearing Notice Published X❑ ❑ ❑ Meet all requirements for submitting zoning action pursuant to section 239 L &M of General Municipal Law attached hereto ❑ ❑ If applicable, file waiver of notice from property owner w/the clerk's office X❑ 11 ❑ Six (6) maps drawn at the 1" = 100' scale in accordance with attached information sheet.. x❑ ❑ ❑ Six (6) sketch plan maps at the 1" = 100' scale or the 1" = 20' scale in accordance with attached information sheet. The procedural requirements appear to have been met by this application: Town Clerk _ Date 8/15/2019 .............._ Signature Town Attorney ............... ., Date Signature Planning Board Date Signature Neville, Elizabeth From: Neville, Elizabeth Sent: Friday, October 04, 2019 3:48 PM To: Lanza, Heather Cc: Duffy, Bill;Terry, Mark Subject: RE: Bushwood/North Fork Community Club, LLC Change of Zone AHD OK,yes, I do see the e-mail and it has been placed in the file. Did Mark also send a hard copy inter-office? I shall await a written response from the Town Attorney and then bring the matter up to the Town Board. Thank you. Betty Neville 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.631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 From: Lanza, Heather Sent: Friday, October 04, 2019 1:34 PM To: Neville, Elizabeth Cc: Duffy, Bill; Terry, Mark Subject: FW: Bushwood/North Fork Community Club, LLC Change of Zone AHD Hi Betty, I just received a call from Bill Goggins asking about this change of zone to AHD. Mark reviewed the application,for completeness on Sept 24 and sent the email below. The next step is for Bill Duffy to let you know whether he agrees that the petition is complete, and then the Town Board should probably have a conversation about whether they will elect to consider the petition or not, and when they want the Planning Board and planners to weigh in on it. I let Bill Goggins know all this and that I would reach out to you to let you know. Thanks, Heather From:Terry, Mark Sent:Tuesday,September 24, 2019 11:44 AM To: Duffy, Bill <billd@southoldtownny.gov> Cc: Neville, Elizabeth <E.Neville@town.southold.nv.us>; Lanza, Heather<heather.lanza@town.southold.nv.us> Subject: Bushwood/North Fork Community Club, LLC Change of Zone AHD 1 Bill, I have conducted a review of the above reference file for application completeness. The petition is complete. Please let me know the date that the Town Boards expects to take up the matter. Mark Terry,AICP,APA Assistant Town Planning Director LWRP Coordinator Town of Southold 54375 State Route 25 P.O. Box 1179 Southold, New York, 11971 (631)765-1938 Mark.Terry@town.southold.nv.us 2 Neville, Elizabeth From: Lanza, Heather Sent: Friday, October 04, 2019 1:34 PM To: Neville, Elizabeth Cc: Duffy, Bill;Terry, Mark Subject: FW: Bushwood/North Fork Community Club, LLC Change of Zone AHD Hi Betty, I just received a call from Bill Goggins asking about this change of zone to AHD. Mark reviewed the application for completeness on Sept 24 and sent the email below.The next step is for Bill Duffy to let you know whether he agrees that the petition is complete, and then the Town Board should probably have a conversation about whether they will elect to consider the petition or not, and when they want the Planning Board and planners to weigh in on it. I let Bill Goggins know all this and that I would react r out to you to let you know. Thanks, Heather From:Terry, Mark Sent:Tuesday,September 24, 2019 11:44 AM To: Duffy, Bill<billd@southoldtownnv.gov> Cc: Neville, Elizabeth<E.Neville @town.southold.nv.us>; Lanza, Heather<heather.lanza@town.southold.ny.us> Subject: Bushwood/North Fork Community Club, LLC Change of Zone AHD Bill, I have conducted a review of the above reference file for application completeness. The petition is complete. Please let me know the date that the Town Boards expects to take up the matter. Mark Terry,AICP,APA Assistant Town Planning Director LWRP Coordinator Town of Southold 54375 State Route 25 P.O. Box 1179 ' Southold, New York, 11971 (631)765-1938 Mark.Terry@town.southold.ny.us 1 it Ar'&OMPLETE THIS SECTIONr • e s ■ Complete items 1,2,and 3. A. signature -� ■ Print your name and address on the reverseX Y�gent 7 so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(PantedC. Date o f'Dellvery V or on the front if space permits. �i"'Kenp a 1.5 1. Article Addressed to: D. Is delivery address diff6pri from item l? ❑/Yest —-- If YES,enter delivery a dresbelga ow: 21 No Division of Planning and Environment \ate' SC Dept. of Economic Develop&Plan` Uses T-0. Box 6100 O Hauppauge, NY 11788-0099 i 3. Service Type ❑Priority Mail Express@ 'vyQ III �II I'll 'I I III III el l II II I II I�I I II III ❑Adult Signature El Registered MaiITM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 5230 9122 2777 43 ❑CeCertirtified Mail@ Delivery fied Mad Restricted Delivery ❑Return Receipt for I_] Collect on Delivery Merchandise 2. Article Number(Transfer from Service label)__ ❑Collect on Delivery Restricted Delivery 0 Signature ConfirmationTm - ❑Insured Mad ❑Signature Confirmation 7 010 1060 0001 1570 9 312 ❑Insured Mad Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt -- UA ft9WftifVb@)fr3 ruD�U�VryI1lGy°��um D° (1/!:/If p(1:1J Clf1.�JL:AfC•lllA ° ° ° °.° I R.J D° - (- @475 IIQJ 199MM-M 2DN37W NEATV Irl M rye, �,p.p� ;,.. yam 17' �Ut a uw I1u LJ YA`/N 17L�715°r§P 4'A�C71Ljy� u Q•' /� dLW l liL 1Y44A MJJS C°II l�C1Afy� A b f �.°�,,. 1 Pff .a O r „ l O Postage $ �~ Postage $ 7i rq OOD rarq Certi ied Fee � Certified Fee 0 s�6 AAAReturn Receipt Fee Return Receipt Fee HereC3 (Endorsement Required) IM (Endorsement Required) Restricted Delivery Fee Restricted Delivery Fee I� (Endorsement Required) I (6ndorsement Reqwred)1Total Postage&Fees Total Postage&Fees 179 E3 Sent Division of Planning and Environment o Sent TO Long Island State Park Comm. SC Dept. of Economic Develop & Plan '� ---------------- M sues -- - - o sirceef,Apr No Belmont Lake State Park r'- or PC P.O. Box 6100 - r� or PO Box No PO Box 247 ----------- --------- --- ary, Hauppauge, NY 11788-0099 I City,State,ZIP Babylon, NY 11702 o o. CW MQ0.(tsb I u 9MW Ong 6^u ■ Complete items 1,2, e - e • A S(gnatu U Agent ■ Print your name and ai - r h(� ' ❑Addressee I so that we can return i ■ Complete items 1,2,and 3• �e C.Date of Pelivery ■ Attach this card to the ■ Print your name and address on thou Verse X Printed N"„e hg.Recei4ed by(!7 {% or on the front if space so that we can return the card to �( i�S � s i 1. Article Addressed to, ■ Attach this card to the baec m t the mailpiece, address di Brent from item 1? _ I or on the front if space p D, Is delivery �d below: ❑NO r If YES,enter delivery Long Island Stat 1. Artic eAddsedte�tc �L Cdr,,'. Belmont Lake Sid L 1 PO Box 247 I, �\��� C CA 3N00"%V. Babylon, NY 111 1�Jv ray-7 Z ❑Priority Mail Exp ress® 3 SelTYPO ❑Registered Mai \?) ❑Adulf SIgnaturerdDelve ❑Rgistered Mall Res cte p Adult SignatureResry 9590 9402 5230 'lII'I�IIII�IIIIIIIIII�III'IIIIIIIIIIII�III �CertfiedMall@ yercatureC �II 17 Return Receiptfor Certified Mtil Restricted Delivery hand Confirmaisa tion 2.-Article-Number(Transfer from 345217 0 Collect on Delivery Restricted Delivery 0 Signature Qoniif�tion` 9590 9402 2925 7094 R ��ted�e1! , ?010 1060 0001 (Transfer from service label) o Insured d Mt�►1�t"��ae>Ivety',' 2, Article Number(� 27 9 I I over$500) PS Form 3811,July 2015 PS 7❑10 1060 01301 1571 ( Domestic Return Re°8iF I®—= __ 1. PS'Form 3811,July 20115 PSN 7530-02-000-9053 ,- 0. 402505540 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Lori Bazata 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 10/01/2020 c Principal Clerk Sworn to before me this I day of BARBARA H. TANDY Notary Public, State Of New York No. 01 TA6086001 Qualified In Suffolk County Commission Expires 01/13/20 G1�3 ji►\ i� TYPESET: Wed Sep 23 14.08.14 EDT 2020 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold is con- sidering the change of zone to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM#1000-102-2-5 from Residential Low- Density(R-80)to Affordable Housing Dis- trict(AHD);and NOTICE IS HEREBY FURTHER GIVEN that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold,Suf- folk County,New York,the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled "A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM #1000-102-2-5 from Residential Low- Density(R-80)to Affordable Housing Dis- trict(AHD)"at Southold Town Hall,53095 Main Road,Southold,New York,on the 20th day of October,2020 at 7:00 p.m..The purpose of this Local Law is to change the Zoning District Designation of SCTM #1000-102-2-5 from Residential Low- Density (R-80)to Affordable Housing Dis- trict(AHD) The petitioner for this request is North Fork Community Club LLC n/k/a 2050 Depot Lane,LLC The property is approx- imately 2.08 acres(90,804 sq.ft.)and is lo- cated at 2050 Depot Lane,Cutchogue,New York. Due to public health and safety concerns related to COVH)-19,the Public will not be given in-person access.In accordance with the Governor's Executive Order 202.1, said public hearing of the Town Board will be held via videoconferencing,and a tran- script will be provided at a later date.The public will have an opportunity to see and hear the meeting live and provide com- ments virtually. The hearing will be held virtually via ZOOM Webinar.Instructions and link to at- tend the meeting will be available on the Town's website or by calling the Town Clerk's office at(631)765-1800.A telephone number will also be provided to allow mem- bers of the public to attend via telephone Written comments and/or questions may also be submitted via email to the Town Clerk at ehzabeth.neville@town.southold.ny.us Said comments and/or questions will be con- sidered at the public hearing provided that they are submitted no later than 12:00 P.M. (Prevailing Time) on the day of the public hearing. Pursuant to the requirements of the Execu- tive Order of the Governor of the State of New York,a transcript will be prepared of the pub- lic hearing,and a copy shall be filed with the Town Clerk and placed upon the Town's web- site. Please check the meeting Agenda posted on the Town's website (www. southoldtowimy.gov)for further instructions or for any changes to the instructions to access the public hearing,and for updated informa- tion. Dated- September 8,2020 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 2505540 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 51h day of October , 2020, 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 and the Southold Town website, www.southoldtownny.gov . North Fork Community Club Change of Zone PH 10/20 7:00 pm a.—Y1: ezabeth A. Neville ouold Town Clerk Sworn before me this 511 day of October , 2020. Not Public LYNDA M. RUDDER Notary Public state o9New York Qualified in Suffolk County Commission Expires March 8,20413 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 23rd day of September , 2020, 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 and the Southold Town website, www.southoldtownny.gov . PH 10/20 7:00 pm NF Community Club COZ izabeth A. Neville outhold Town Clerk Sworn before me this 23rd day of September ANotary Public LYNDA M. RUDDER Notary Public, State of New York No.01 RU6020932 Qualified in Suffolk County Commission Expires March 8.2 Rudder, Lynda From: Reisenberg, Lloyd Sent: Wednesday, September 23, 2020 3:31 PM To: Rudder, Lynda Subject: RE: NF Comm COZ for publication Posted Lloyd H. Reisenberg Network and Systems Administrator Town of Southold, New York www.southoldtownny.gov lloydr@southoldtownn y.gov 0: 631-765-18911 X11:631-879-1554 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: Rudder, Lynda Sent: Wednesday,September 23, 20201:51 PM To: legals@timesreview.com; Lisa Finn (lisaahfinn@gmail.com) <lisaahfinn@gmail.com>; Michaelis,Jessica <jessicam@southoldtownny.gov>; Reisenberg, Lloyd <Lloyd.Reisenberg@town.southold.ny.us>; Southold Local (denise@southoldlocal.com)<denise@southoldlocal.com>; Dinizio,James<james.dinizio@town.southold.ny.us>; Doherty,Jill <jill.doherty@town.southold.ny.us>; Doroski, Bonnie<Bonnie.Doroski@town.southold.ny.us>; Ghosio, Bob <bob.ghosio@town.southold.ny.us>; Louisa Evans<Ipevans06390@gmail.com>; Nappa, Sarah <sarahn@southoldtownny.gov>; Neville, Elizabeth <E.Neville@town.southold.ny.us>; Noncarrow, Denis <denisn@southoldtownny.gov>; Norklun, Stacey<Stacey.Norklun@town.southold.ny.us>; Rudder, Lynda <lynda.rudder@town.southold.ny.us>; Russell,Scott<scottr@southoldtownny.gov>; Standish, Lauren <Lauren.Standish@town.southold.ny.us>;Tomaszewski, Michelle<michellet@town.southold.ny.us>; Burke,John <johnbu@southoldtownny.gov>; Duffy, Bill <billd@southoldtownny.gov>; Hagan, Damon <damonh@southoldtownny.gov>; Silleck, Mary<marys@town.southold.ny.us> Subject: NF Comm COZ for publication Please publish in the 10/1 edition of the Suffolk Times and the Town website,Thank you. 1 %'SUrF®` � ELIZABETH A.NEVILLE,MMC ®�,� Town Hall, 53095 Main Road TOWN CLERK P.O.Box 1179 CA Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER ®�' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®� �.� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 21, 2020 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Laws listed below on October 20, 2020 at 7:00 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM#1000-102-2-5 from Residential Low-Density (R-80) to Affordable Housing District(AHD} Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. It is imperative that you return this receipt whether you are an outside entity or a Town Department. Thank you. zabeth A.Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning✓ Long Island State Park Commission✓ Email; ,awn of Riverhead V Town of Shelter Islan Town of SouthamptonvI / Southold Building DeP�� Southold Planning Deptl, Southold Trustees V Southold Assessors Southold ZBA Village of Greenport Signature, Received by Date Please print name Title f :{„ ELIZABETH A.PTL+VILLE,MMC Town Hall,53095 Main Road TOWN CLERK ; P.O.Box 1179 Southold,New York 11971 .m,2. REGISTRAR OF VITAL STATISTICS �'� � °�'`� ,� dJt Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER + www.southoldtownny.gov FREEDOM OF INFORMATION OFF ICER OFFICE-OF THE TOWN CLERK TOWN OF SOUTHOLD September 21,202,0 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Laws listed below on October 20,2020 at 7:00 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law to amend the Zoning Map of the Town of Southold by Chant►ina the Zoning Designation of SCTM#1000-102-2-5 from Residential Low-Density -SO to Affordable.Housing District AHI) ALF Ce m- CI c,—b, L Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. It is imperative that you return this receipt whether you are an outside entity or a Town Department.Thank you. Elizabeth A.Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport 5 Z© Signature,Received by Date r Please print name Title Town Hall,53095 Main Road ELIZABETH A.NEVILLE WNIC Y TOWN CLERK ;r<< N P.O.Box 1179 * � , Southold,New York 11971 REGISTRAR OF VITAL STATISTICS .: � � •,+ Fax(631)765 6145 MARRIAGE OFFICER >,}y ,A,€�" y;,. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �� ,, i i www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 21, 2020 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Laws listed below on October 20,2020 at 7:00 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law to amend the 'Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM#1000-102-2-5 from Residential Low-Densitv (R-80) to Affordable Housing District(AHD Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. It is imperative that you return this receipt whether you are an outside entity or a Town Department.Thank you. M r4"l � c' Elizabeth A. Nex,ille w Southold '1'ox,,n Clerk �' �'' v :'tra =C Attachments _ cc: Suffolk County Dept of Planning Long Island State Park Commission a Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors SoutholdLBA Village of Greenport Signature, Received by Date AMW Please print name Title I. ELIZABETH A.NEVILLE,NWC Town Hall,53095 Main Road TOWN CLERK ;. _ P.O.Box 1179 A - Southold,New York 11971 REGISTRAR OF VITAL STATISTICS { -� '" Fax(631)765-6145 MARRIAGE OFFICER <. ' `:s :' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICERS wwwsoutholdtownny.gov FREEDOM OF INFORMATION OFFICER " . OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 21,2020 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC ISE+AJE1ING on the proposed Local Laws listed below on October 20, 2020 at 7:00 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: -A Local Laver to amend the'7oning Man or the Town (if Southold by Chanizing the:Zoning b6iPnation Of SCTM#10004 02 2 S from ReAdentlalrLow-Densify (17-80)to Affordable ilousdng D1str1ct(AH Dj ; Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. It is imperative that you return this receipt whether you are an outside entity or a Town Department.Thank you. t Eiizj. q1i A.Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Conunission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport C, "Q�a Q Signature,Received by Date Please print name Title ok—n A 1� t I ELIZABETH A.NEVILLE,MMCS" _ Town Hall 53095 Main Road TOWN CLERK "' �'` P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS � � N�Q � Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownnygov ` FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 21,2020 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Laws listed below on October 20,2020 at 7:00 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law to amend the••Zommin�,Mail of the To-%**.of Southold by Cliari ing the-Zoning Designation o SCTM#1000-102-2-5 from Residential Low-Density(R-80) to Affordable Rousing District_(A.HD.1 Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed s envelope. It is imperative that you return this receipt whether you are an outside entity or a Town Department.Thank you. y e 0 s , s , Elizabeth A.Neville Southold Town.Cierk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport z iqkIL � _ 0 Signature,Received by Date keUJJA, Please print name Title d F ,ELIZABETH A.NEVdLLE;,NLMO Town 401,,5809b M dn'Road TOWNCLERK' IN°. m : , P,'O.$ox 1179 Southold;New Y6rk' 1X9,71 REGISTRAR:OF VITAL STATISTICS" Fax,(681)" 81)765-6145 MARRIAGE OFFICER Telephone,(681)'76611 `RECORDS„MANAGEMENT'O+ +ICE1Z ;° wwwsouthoidtownn ov FREEDOM OF INFORMATION OFI+'ICER rr Yg E� OFFICE OF THE TOWN CLERK a, `TOWN,OF,SdUT-HOLD' September 21,2020 P-LEASE TARENOTICE-that the To�Roard,of the Town°of°Southold will hold a PUBLIC HEARING on ,,the,pioposed Local"-t,aws'listed below on"Octobdr 20;°'2020 at'7:00 pm•at the SoutholdTowai Hall,:53095`Main° ` Road;Soutliold,NY: �4 ,A 16cal:Law ti6-,afik6d MTM,,#1000-Tal l=�'fr�i)tiw.I,esidentiai Low czasA :(R!r90to`Ai'fordable,U6Iisi s°IDiiii f t' PI6asesign�”the-duplic0e'of'this;lett&knd,returnAb the ayour,car-liest eonvenaence4n,the se -addressed, ` envelope.Ji,i's imperative,that'yOn^re tro•iiiis,receipt4limether�you 4i an�outside=etitity o;r a'Tov�n Depaitiu�eht.TTiank you. - , �u Stiut`l.old,TowtClerk; Attachidd"nts f ce" Suffolk,County.Dept of Planning Long�sland$late flark,Cunimission Email: Town tof Riverhead "T6*n-6f Southampton Southold Building Dept Southold Planning Dept SOuthold:Trustees Southold Assessors -SoutholdIMA Villag f Greenport 4A I'A ;Si" dire;.R c ved:by, Dat - - - " ICA- V-Ple print,riame� . Title i= Hd t ELIZABETH A.NEVILLE, MMC �.�® ®�� Town Hall,53095 Main Road TOWN CLERK ® � P.O.Box 1179 COD Southold,New York 11971 REGISTRAR OF VITAL STATISTICS �� ® �� Fax(631)765-6145 MARRIAGE OFFICER ® Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®� `'�°� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 21, 2020 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Laws listed below on October 20, 2020 at 7:00 pm at the Southold Town Hall, 53095 Main Road, Southold, NY: A Local Law to amend the Zoning Mar) of the Town of Southold by Changing the Zoning Designation of SCTM#1000-102-2-5 from Residential Low-Density (R-80) to Affordable Housing District(AHD} Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. It is imperative that you return this receipt whether you are an outside entity or a Town Department. Thank you. •.- Elizabeth A. Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commissionl®" Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport ,�/,&��� 10 -7 ignature, Received by Date Pleaseprint name Title L �. gdd 0912312020 13:11 6317493436 S I TQWN CLERK PAGE 01 ELIZABETH A.NEV ILLE,MMC Towia Hall,53095 Main Road TOWN CL P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS `;� ► r Fax(631)765-6145 MAMIAGE OFFICEIt 'lo' Telephone(631)765.1800 RECORDS 1vIANAGEMEI�TT QIi" 'ICER = '©� '� ti;: www southoldtownny.gov j~^I WOM OF INFORMATION 0MCER OFFICE OF THE TOWN CLERK TOWN 01V SOUTHOLD September 21,2020 PLEASE TARE NO'T'ICE that the Town Board of the Town of Southold will hold a PUBon the proposed Local Laws listed below on October 20,2020 at 7:00 pm at the Southold Town Hall, 53095 Maim :Road,Southold,NY- A Local Law to amend the l.2nfn�Man of the'l'oti�n of Southold by Cha�ngjag the Zoning Rgslp-nation of SCT #1U00-x02�2W5 fro Residential Low- ensi R-$0 o fl' rdable Housing D trio AHD please sign the duplicate of this letter and return to me at your earliest eonvenienee in the self-addressed eftvelope. It is imperative that you return this receipt whether you are an outside entity or a Town "Department.'Thank you. "Elizabeth A.Neville Soutbold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town o£Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Plauning Dept Southold Trustees • Southold Assessors Southold ZDA. Village of Greenport Signature,R itred b Date Please print ame _^ Title ELIZABETH A.NEVILLE,MMC ' _ Town Hall, 53095 Main Road TOWN CLERK ;; '; '; P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS .' Fax(631)765-6145 MARRIAGE OFFICER �,i Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �,� ' www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 21, 2020 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Laws listed below on October 20, 2020 at 7:00 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law to amend the Zonine Map,of the Towwof Southold by,Changing-the Zoning Designation-of SCTM#1000-102-2-5 from Residential Low Density(R-SO)to Affordable-Housing District(AHD} Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. It is imperative that you return this receipt whether you are an outside entity or a Town Department.Thank you. 0". Elizabeth A.Ndville SouthoId',Town_Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport 01 Signature,Rec&vg by Date Please print name Title ELIZABETH A.NEVILLE,MMC Town Hall,53095 Main Road TOWN CLERKx , P.O.Box 1179 two Southold,New York 11971 REGISTRAR OF VITAL STATISTICS `, = ', Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �.t ' . ; "+ `a www.southoldtownxlygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 21,2020 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC'11EARING on the proposed Local Laws listed below on October 20,2020 at 7:00 pun at the Southold Town Hall, 53095 Main Road, Southold,NY: ALocal'L'aw to arnen€l the ni in�1lrlan of°th '1'o�yrl`b aiffilb il`b 'Chats ins4tlt'e•Zot1ih I?esi na(iatt of, 'SCT,M 910007162-2-rfrom ResidentlalLow-Density'(1k 801 to Atfordal}le,Rousing..LDistriet.(t D} Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. It is imperative that you return this receipt whether you are an outside entity or a Town Department.Thank you. E1i7abdth-A.dvilid aiitliold°`Ti3wri;Clek Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Vi11 ge f Green ort Si' ure,Received•by Dat f I Please print name Title I 1 i �G Town TiolI,630951 Main Road ELIZABETH X NEVILLE,MY..0 b�4$ •A ':�, I?O.Box 1179 TOWN CLERK r e» Southold,Ne-York 11971 REGISTRAR OF VIT&L q'1'ATISTIC$ `0 , �t�;t Fax(691)766-61,4.5 MArt>Z,TACtE OI!]!'Ir,EliYj.r Telep],otie(681)766-1.800 -RFC0R17S MANAGrMENT OFFICER ''�,,� � '� ° ; www,scjutholcltowxmY.gov rRE1,,4j)O I OF INFOUMATICN OFFICER OFFICE OF TIE TOWN CLERK TOWN OF SOUTHOLD September 21., 2020 PLEASU WAKE NOTICE that the Tovai Board of the Town of Soutbol.d will hold a.P_U1 ,LIC I s AHI, G on the proposed Local Laws listed below on October 20,2020 at 7:00. m at the Soulln;old Town FZall, 53095 Main Road, Southold,NY: A Local Law to amend the Zogin Man of tlae Tn or,outhold,,hXj]m1ufiflg the Z.%h Ina bedation of SCTM#i,000-102-2-5 from Residential Low-DW9' R-llll to i ordal)IC,Rousim Uistrrict AT4Q Please sign the duplicate of this letter and return to we at your earliest convenience in the self-addressed envelope. It is imperative that you return Ibis receipt whether you are an outside entity or a Town Department.Thank you. Elizabeth A.Neville 1 Soutin,)ld Town Clerk Attachm.entg cc: Suffolk Comity Dept of Planning Yon&.T,claud State Park Commission Email: Town of Riverhead Town of Shelter ishmd Town.of Southampton Southold Building Dept Southold Planning Dept Southold Trustees ,Southold Assessors Southold ZBA ,Village of txcc orL - �� _ _ c. � Signature,Received by Date T'lcase print name Title +F -I 1 Neville, Elizabeth From: Terry, Mark Sent: Tuesday, September 24, 2019 11:44 AM To: Duffy, Bill Cc: Neville, Elizabeth; Lanza, Heather Subject: Bushwood/North Fork Community Club, LLC Change of Zone AHD Categories: Red Category J Bill, I have conducted a review of the above reference file for application completeness. The petition is complete. Please let me know the date that the Town Boards expects to take up the matter. Mark Terry,AICP,APA Assistant Town Planning Director LWRP Coordinator Town of Southold 54375 State Route 25 P.O. Box 1179 Southold, New York, 11971 (631)765-1938 Mark.Terry@town.southold.nv.us 1 ELIZABETH A. NEVILLE,MMC Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION REQUIREMENTS FOR CHANGE OF ZONE Four (4) complete copies of petition with Town Clerk with original signatures. Each set MUST be ordered as follows: Fee of$1,000.00 ($500.00 for AHD) Written notice to all property owners within 200' of property; mailed within 5 days Preceding filing of petition. File proof of mailing of notices to adjacent property owners in a sworn statement with Clerk's office and submit all original certified mail postal receipts NOTICE MUST CONTAIN: • Statement Of Proposal (as presented in zoning petition) • Description Of Property • Present Zone And Proposed Zone • Petition Will Be Filed Within 5 Days • Petition Can Be Reviewed In Clerk's Office • Public Hearing Must Be Held • Adjacent Owners Right To Be Heard @ Hearing • 10 Days Before Hearing Notice Published Meet all requirements for submitting zoning action pursuant to section 239 L& M of General Municipal Law attached hereto If applicable,file waiver of notice from property owner w/the clerk's office Written Metes and Bounds Description of Property All Maps as required on Survey & Map Checklist Six(6) maps drawn at the 1" = 100' scale in accordance with attached Survey& Map Checklist Six (6) sketch plan maps at the 1" = 100' scale or the 1" = 20' scale in accordance with attached Survey & Map Checklist Please contact Southold Town Clerk's Office with anv ciuestionsfor further information. Chapter 55 PUBLIC HEARINGS, NOTICE OF §55-1.Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 1.2-27-1995 by L.L. No. 25-1995.Amendments noted where applicable.] § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-20031 Whenever the Code calls'for a public hearing this section shall apply. Upon determining that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a.public hearing thereon. Notice relating to. a public hearing on an application or petition shall be provided as follows:, A. Town responsibility for publication-of notice. The reviewing Board.or commission shall cause a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice: An application or petition, initiated, proposed or requested.by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town, which shall be prominently_displayed on the'premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall beset back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the.date of the public hearing. The applicant, petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every property which abuts and every property which is across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested, posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area.of the subject property, nature of relief or approval involved, and date, time and place of hearing. The applicant, petitioner or agent .shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. F 55:1 05-01-2006 §280-156 SOUTHOLD CODE §280-159 any appropriate action or proceeding,„ whether by local process or otherwisgmay be instituted or taken to present such unlawful erection, construction, reconstruction,, alteration, repair'T conversion, maintenance.or use or to restrain, correct or abate such violation or to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. ARTICLE XXVIH Amendments [Amended 5-30-1975 by L.L. No.3-10.75; 1145-1983 by-L.L:No. 13-19.83; 1-8-1985 by L.L. No. 1-1985; 140-1989 by-L.L. No. 1-1989; 11=13-1990 by L.L. No.26-1990; 12-27-1995 by L.L. No: 25-1995; 6-3-2003 by L.L.No. 12-2003] §-280-157. Procedures. The Town Board, upon its own motion or by petition, may, from time to time, amend, supplement, change, or modify this chapter, including the Zoning Map, by.-proceeding in the manner provided in this article. For the purposes of this article, an amendment also includes, but is not necessarily limited to, a supplement, change, or modification. A. The Town Board, by resolution adopted at a stated meeting, sliall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given pursuant to the provisions of the Town Law. At least 10 days' notice of the time and place of such.hearing shall be published in the official,newspaper. B. The Town Board, before publishing notice :for a public`-hearing, shall, in a written request, instruct. the Town Planning Board to prepare .an official report regarding the' proposed amendment, including the Planning Board reconlanendations. C. An amendment initiated; proposed 'or requested by a petitioner, other than the 'Town Board or other Town agency,' shall also be subject to the additional procedural- requirements roceduralrequirements set forth in,subsequent sections of this article'., §280.158. Fees for petitions for proposed amendments. Every petition for an amendment to this chapter or the Zoning Map shall be filed with the Town Clerk and shall be accompanied by a fee for administrative processing as established by a resolution of the Town Board. The The for a'petition for a change of zone to the Affordable Housing District is set forth in §280-29A. The petitioner.shall also be responsible for reasonable and customary professional review fees relating to environmental review of the petition. § 280-159. Additional notice requirements relating to' petitions for proposed amendments. A. In the case of a petition requesting an amendment in zoning district classification or the Zoning Map, in-addition to the notice required by law, a;written notice containing the following information shall be sent by the petitioner, or his agent, by either certified or registered mail, to every owner of property immediately adjacent thereto. In the event 280:146 05-01 -2006 § 280-159 ZONING W §280-159 that any petitioner owns or has any interest in any property imaf�;liately adjacent to the property proposed to be changed in zoning district classification, then written notice shall also be given to the owners of the property adjacent to such other property of the petitioner. For the purpose of this section, the words "owner" or "property owner" mean the owner as shown on the current Southold Town assessment.roll_ The notice required by this section shall be mailed by the petitioner, or his/her agent.., within five days preceding the filing of the petition in the Town Clerk's office. Proof of mailing of such notice in the form of a statement sworn to by petitioner or his/her agent shall be filed with the Town Clerk at the time of filing the petition. Such notice shall contain the following information: (1) A statement that the petitioner proposes to file a petition with the Southold Town Clerk requesting a change of zone classification. (2) A description of the street location and the area of the property which is the subject of such petition. (3) The present zone district classification of the property and the; proposed zone district classification. (4) A statement that within five days of the notice the petition requesting such change in zone district classification will be filed in the Southold Town Clerk's office, Main Road, Southold,New York, and may then be examined during regular office hours. (5) A statement that a public hearing-with respect to such petition must be held by the Southold Town Board before such change .of zone,can become effective; that the person to whom the notice is addressed, or his representative, has the right, to appear and be heard at such hearing; and that a notice of such hearing will be published in the official Town newspaper not less than 10 days prior to such public hearing. B. In lieu of complying with the provisions of this section, written verified waivers of notice executed by the persons entitled to receive such notice may be filed with the Town Clerk at the.time of filing the petition. C. Failure to comply with the provisions of.this section shall not affect the validity of any action with respect to such petition. D. In addition to the above notice requirement, prior to holding a public hearing on the petition, notice shall be provided pursuant to Chapter 55, Notice of Public Hearings. 280:147 10-15-2007 §239 1 AN COUNWAND RF 12-13 .Library Referee irnpaCt taf prop�ased-lara€1 rises on existing and proposed county r American digest }item - ces or state institutional or ether uses .Zoning.Zioning and Plannisag X353. (d) protection of community character as regards predominant WL'WESTLAIV Topi6 kk`--4 4. land.uses,� ' ulatio ensity, xid t� .r latlon be'rween gsiidedtial j-. ZObLfig d -ted tlaxraain IIi.=1 r and.nonresidential areas; ama e; In I 'database,Tun'r (4,14) or 414h-[add e number'l t ,retrieve.caste related to e}nirag dlataning., (f) community facilities;, (g) official t uriicipal anal county development policies, as may e [ �. 239 k-.�Repeated,, x.1998., c..451,, § -ff. J ,.l; expressed'throu h comprehensive capital prlo'g _-rams regula- ' 8 , tory measures; and listtiri l-and 8t �o Writes i1) such other matters as may relate the pun tic convenience, o . governmental efficiency, and to the achieving and ntaintainmg of a S_vction 239 J, relating t4_.1�prrniT .for Secti ..139,-, r tit.- to re�atio s . � � •.. �- satisfactorycoIiri�l1iS1t}F etVi1'onilerit. buildings M rights-ol-way br site pre frr ontt'di of develoontc�tt;was added by rverl by the f i 'rip,was added by L.1958 ,t 740,,,, I and, ended by, 3:' evie co ••i erationS. ` ii: a v y shall e review of inter- was .1958 c.j' 4ft .§-I d amended hy` L;I9 B d.; 961, § 1 and L-,,1`980, d; 371, community and cot t tvid considerationspursuant to the provi- .19 , c_-961,1`:l, See;-riouk Gere §. 1 Vie; now, Gertera< Mimicipal Law Municipal Law§.139- ,' .r. .13i'�f .` . sio�of his section. or puratiat,to sections�o,huiidred,tirt -nide= m and ttvo hundred thirty-nine-n ofthis article, preclude a county . `2394 i nardi,saieitt o itatn nruxir iog-_ rd lat�itng lel ga .agency or. regiones planning-council horn ming iffor ti ; l gill l e'> tt ia an poi c mal core ments, r supplylug.such-. eche lass assistance a may be . .lel ii u o e D o es of ttu ti acid tions two requested.l y a municipality. hundred thirty-nine ra an i� °i a dred � nil e�rt this,article (Added L.1997,c,-,459,§ I,.eff.Judy x,,1998.) iiiii°fonovxrin term's siill•apt j. i- and Statutory Note - Trl[itssrl (a) ,. ority.p'lannnuag aerlcy meanso� plarating,lbtad. L 1997 c.451g1latlort Derivation cfllrnislorl or c[hcr a geri� citlioried`1yhe county 1glslat�i e bd .- to' review propose actions rder need fpr:i�tei�connrnt�ity or; �r 1�. ..1997,c.459,§ 4 provides: e i tu�i�� �Law ��a��,,,A�d- ed' L. 90, c. i41. l; amended ty- ide considerationssubject to the provisions of this section, and This--- FEact i t t eect n � s rrae Z,I9 I.c.: ,§'I: L.19 ,c, 962,§ L sections Mo.hundre lam-Dine-rt�..Pi4d TW hundred th -ty.£nire� taf date •a `dhs .er of ;he`laws of I99 Former SctlBns. tris article.. [U.997-,-c.4a1 e ulv I,'1v9 i amend- A former'§ 139-1,relating to legislative i ag tine general TtYiaii'sCrpal la v relatu g•tot policy and intent, s to ordinat on of fib) ",Regional•plat=d%rag council" Iaearts rggioa ?lanni "rl county planning Boards and regional Berta n�.municipal zoning d,Flaming or agezib bit blislled- pursuant to the-p ovisiorls co£. , chapter, Ptabri7mg ctitLficds and to repeal certain a��id��, ���s added by 1.1960, c. 1041; l pr.ovhious b ehA awv relating to metro ..:3 1,°see tdeo bye,=96=,c.835,§ 1 and 2. Intent. The purposes of this.section, sectidns iti�ro iul dr'�d _.egun ,Titan. g o',md and r. ty pla itr g W968, c;• 962. § 1 and repealed by thin-nine-m aIld two'hundred thin y-ii -ii''of thi `article sha11 be t ids and to wend the general city L 1J7. c-45% §.1> off. Tiny 1, 1998, burg er'tineht JftI-sr- om[mIIi ity tld 6ou;*— gide 01art onin, law, the town law -and the village,lata See,now,Jds .section. t .atatr to the recording of s=a�d- -vision t site 'I" d ub'divlsion eo»'iderat€ons to the attengort f,nei bcTt g g Mother former§ 1 9 , relating o in- site as proposed in Legislative Bill tergoverintiental relations councils, was in munioipaiitics, and 'aeiz ies ha ing jurisdiction., : uc)i review r,uwrabers S-..78�A, !-.'.1478-�A< takes, renumbered General Municipal Law .may include-inter-community acid cou ny-Wid nsideratisy L iit � emt §-239-n by L.1961,c,728,§ =t. respect to-the following: (a) compatibility of various land uses with one another;. . " Legislative R istories Cb) traffic generating char t stl s of vari a REGIONAL.: G r- §-239=m L. §239.-1Co _ G . - : . e term "refexriiig bed " shall mean,,the city, town or village 1 d responsible fQr final action on propose action sttb e t to:.dais- j American U194pports � �Gtion. - Standing of municipal corporation or other-govemanentAl'body to attack zoo of ��� The term. "full statement of such proposed action" sb lin n )and lying outside its bordeas.49 AL d 1126. v alidity and earntrtcct-ion of zoning ordinance requiring de-Moper to de*ote � l aterials required by and submitted to t ze referring body as. : specified part of development to low and moderate incorne housmg. 6. kPolicatiorion a proposed action.,including a.completed environrnen- AL 3d 880, ,ai.assessment form and all other materials required y such refer- 31 Validity of zoning ordinance deferring residential development until establishn intrt body in order tt _e its deierrniiiatzoxi of i¢rtif cattc pursuant of public services in area. 3 AL1d 1184, • .. , t0 the,state.envirorirrsental u� review, act oder ai icle eight of tviroiitxi ntal cors ex vati za. law and its im leialetating regula- i ._y References t1[7rl5: Vhe tfie pro o ed action referred is the adoption ol amend- Amer t st fern rner f a oni g'i?rrt adce or local lam. " ill stalerzent o1 such Zoning and Planh ing 3,53. - proposed action" shall also include the complete text ofthe proposed Encyclop.dias ordinance or local lay as well as all existing provisions to he erected C,3.S.Zbi.dng and Land;?] °ng 10; 17&; 179; 183. �t thereby,if any, if not already in the possession'Qf the county plarmirzg e d`Tre�tises agenpnigci> rcil. Notwithstanding fore 12 aur 2 ,Builcngs,. oning,and Land 54, 111.' going provisions riff this parag aph, any referring.body nae dorsa �filh tle L Anderson, lrev°York Zdning,'ia�v and Practice (3d Ed). Ch. 11-16Zooing for N y g Particular Uses, county planning agency or regional planning council as to what shall INJESTUAV Research stitute a "full statement" for airy or ail of those proposed actions Zn caselavi database, iiin TCl 4i s 4 4 dd e umber€ to`re.rieve tV J said referrii7 g body, authorized to act ttport• related to Zoning-ad-Flanuhig. dl The,term "receipt" shall mean del zvery of a full statement-_Gf such proposed action, as-defined in this, eetion, in accordance With l of Dcisioais file riles and.regulations of tl-ie bounty° planning agency or regional- Due process 1 within,one mile: -of airport was.not de- plying council' itli resiect tta` erso , phase and period of time'for Review sideraton_s.,genet^alty 2- prived of.due process, City-of Rochester , vs Conroe County: 1974,81 1t+li c.2d 462, submission. n no event shall sttcfi rule or regi l tion defiaie deliverer 364 N .S.2d 678. so. as to re uite i in. hard.delivei y or.delivery more taxi ,t ela= 1. Due mss calendar days prior, tc the crag nit -agent s or regional P 2.- evieu,considerations,generally ' Where county charter provided for ap- There was no`vrant of proper standar& p�:l ning co pci rneeti g dale, frit the,absence pf it such rules or ain n peal to county pl g board Iron°.asci or criteria set up by€his section f6f deet- r-e-Wa to `receip " shall, i� a ;` eli e""in hard r by xnAil to the sio is by nldtaning director °relating,to cions by ionrne County 1'laa ircg Goon• clerk of dim coon lanrzrn • Ei eat: or regional lain council., til.' lar ;use within one mile of airport-city bid. McEvoy Dodge.west,Itid e, Inc.v. � g g g p g p cy Where d whose application,to.construct replace- Zoning Btl o*A "61i of rst of Greer, °livery is made in hand,'the date of receipt shall be the date g pool in park located 1 72 6 _. . d 3 3? IY:S.a, 17t, ofdellver : Where-d6liyeris de by mail, the date as postr�arke shall.be the date b deliverm:' The provisions of this section shall not §. Referralo certain proposed city, town, and village preclude the rides and regulationss of fine county planing agency'or ply lagand-zoilt g actions to'the county planning regi ai l pia g count l,from providing that the delivery may be a agendy or regional planning council, r port the eoa period greater the t elve days provided the referring body and the i final idtlorcounty la in agency orregioalpldiouncilagree in,me=riting 1, Definitions. °As,n�herein; :.. to stria longer' 1710 - . ad . kefer al,or oprsed playing and zoning actions. In any city,Th °fermi "proposed"_as,used r1subparagraphs irnidf paragraph of subdivision thrde of this section shall be deemed to towm or village Which is located in a county which-bias, a county include only those recreation areas, parkways, thruways, express- plata ling agency, or, in,the_absence -Of.a county plying agency, ways, roads or highways Wh h are shown!tett a county compr Jaen Which is located id—d the jurisdiction of aregional la • g council sive plan adopted pursuant to section-two hundred nine-- of � duly created phi srr�t to the provisions of law, each refcrriaig body this article or adopted on an o icial trap pursuant to section two Hundred thirty ®f this;article: §.239 COUNITY. Art. 12.,g shall, before taking final action on, proposed actions:included`:in4, Courity p lanning agatity or;r-egionalplanning council review of subdivisi6fi three of this section, refer the sarttc to such counq proposed- actions; recomtxtenda ` , report. (a Th cotanty,plat- planning agency or regional pl ning council. � agency or regional planning ouncil shill evi w'auy proposed 3, Proposed actions subject to referral.° fa) The follo �n ,pro_ actiou,refer�6d'for tee-cor�tttnit� or cot�tty-wide c�usiderations, posed actidras.shall be`subject to the referral requirements of t ti 'Main but not,it ited to those considerations.id nti ied in.section:. section,if they apply to real,property set forth in paragraph )of this,h died thirty-nine-1. of this article:' such county planningi n s s division: agency or rem ono planning council shall recommend aproval, ( adoption or aaietdtrtent'of a comprehensive plea pursuant to or;disapproval, of the,proposed actio, or port that sectidxi two'hundred dred seventy-two-a 4 the town lavi, section -733 of &M proposed-- ction,has-rto sig—mfica.rrt county-vide or intenco mu- the.villa law or`section tiehty-eight-a of the onecity 1a�v, t ,itoat` - (l doptior or arrcepdrnent pf a-zoning ordinance or local la v; uciZ Bo rt 'plan rti g a encv o regional planning cottrtc 1, or issuance of speci I: se permits# uthpri ed gent of said agency or council, shall lave qty days (iv) .approval of site plans, _ after receipt of . fall, statement of such proposed action, or such loager period as may have been agreed upon by-the county planning (y) granting pf pse or area varia ces; . agency or regional planning c t rtcil and the referring bo'dy to repw 1, (vi) other authori a s which,a referring body may issue under its recommendations to the ref rring body, accompanied by a state- the provisions of any-zoning.or'dinance or local taw. merit of the reasons for such'recommendations. If such county The proposed actions set forth in paragraph (a) of this siibdivl• plaii�g a eric r ek i- n plannit council l fails to report nth u ` son shall be subject-to_thy referral requirt me its of this`sectlon if suol period, the relerri h ey may e mal action or t}t `.proposed they apply, real property within ftve�hundred feet of the folld� ing. action without such report. ;.�o��rcver, any court°plat in agency or regions Tann rrg.cn rxcrl report received, ter thirty days or such fid the bo naaiy of city,Tallage or town; or . p to Iger period as tray hay b ien agreed upQ t, butt:o or.more days _ ii),the-boundary of arty axis g-or prop sed count-,or state Park prior to anal actiorr by ilia r l'erring body, shall bo subject to tete or any other recreation ages, r prows of subdivision eve df tht seot�on (iii),:the righteof w .of any existing or proposed county or stag 5xtra6rdinary vote upon recommendation ref rnodi c tloi or parkway, th 4a ay;.>cxpross rav,road or`highivay, or _ disapproval, If such county planning age ney or regional plam' irzg - :(iv) the exrsting,or proposed rightwof-kay of any stream or clrai cou cd.'r gpiT ds o4�c a or Sapp o f d - a pr aosed"ac : e channel" ed y the county or for whish die coin.ham ions the referrht ,body 1111 not act ctin�aty to, stic .reconaenda- established,chariiiel lines, or .. -_ tion e.c _ • , apt ley a:vote. of a tnajority plus;ane of all 'the member's (v)F tlzesexistin .or pr pose boundary,of any co 't far state owned the ew land on,which a public build g or institution is situated; of hep® o£' al action.' ithin_tl r y days after fmdl action;'the (vi) .CIi bot�ndary of'a farm operation.located in.an agricultural referripg lsod shall file a report of tl fins action'at has taken -with district,:as defined by. -:asticle t venty�ve- A of the agriculture act _ the,e6uaty,p at g agency or.regional planing council: refer- i., markets law;,except this subparagraph shall not appWto-the,-granting rinbody which acts contrary,to a recommendation of modification of area variances'. or disapproval.of roposed.a3on$hall set ford,the reasons for the. c .`the county plug agency or region l phintung council"�a� contrary action to such'report. 4. fe1sd}. oroer d 1 ,c. c, Ii? 5<c, Iedrwith. ( dad �.i c. F,3 1;_a n cd L. enter .agr " j authorized- body of a pity,- town or village to provide that certain 11; ?L.i.99 ,c 235, I.1 �,c 451, § 3d.elf.July . 1998; L.1997.§. proposedactions set forthm-d-us subdivision are of local,.rat er-thait 4to,f2,e f--J aWy 1_, 1998:) utter-cornmunity- or county=wide concern, acid are not qi4bject to referral under-this!section, c:. 120 13.1 §2.39—'m COUNTY REGI+1AL PL }fit G 9 t t if Note t -,Hlstorlcal'and,Statuto Notes Llbraiy References r ems, - LAW,c.459 legislation L.1969; c. 835; § 2;,L.196.7, c. 296; SYS tern L.1997,c,459;§.4 provides, L,1968,c.962,.§. 1; L,1969;c, 1068,t� 1 �' sung and Planning X353, - "This act shall tie effect on the sane L.1"983; c: 324, § 1; L 1984°, c 514, § 1; 4 � t8sedl atm as a chapter of the Imus of.1997 L1991, c. 413,§ 377 L.1 992,c.534,§7; LL. 1997,c,451.of.July 1,4998),amen-d- and repealed{L.1993,c.544;'§-l= -C 1.5 honing-and P1 rFz axg§§ 10, 178; 1"79, 183. in the general municipal law relating to „" 8 5g Tiiw Treatises county plattnirt boards and "regiodal Former Sections Nvy Jur 2d,Bull dings. oning,. d Land§§.48,54, 111, 117., 125,323,327: planning cads c�s and repeal'certain - Zc2 pt visions-o such lave relating to zrtetrxa A former§ 239-; rewiring notice of 43 lit ar 2d;Declaratory Judgments and Agreed Case§ 55. boll' , regional and•'country 13lanni g certain- l posed municipal zoning 1 � ere ards and° to -=end the getteal city. tiens tc,be submitted 'to,planning agea, _ 1n cassclasv database. ruts (414).+fir 414kladd key cram Berl to retrieve uses lase, the town[ law and the -vMage law cies,was added by L.1960, c. 1.[341, E - (elated to oxti",-and Planning: relating to the reccardig of subdivision amended by L,1969, c. 935_§ 2; 1..1967, plats,,.l Proposed in Legislative, Bill p 296,§ 1=,Li 1968,-c 962§ 1; L.196% rreunb s•S. 78G+=A=e A, 1478®A, des c '1068,6'i;'L,19 3.ee 3 4,§ is L.1984, Not .of Decisions effect," 61-814,§1; L,1991..c,413; 31:L.1992 lil�ari tl capricious detertninatlotxs, this section may be supelcseded by subse- 13 s&at3+9tt c. 53'4, § 7 and repealed°iy L.1993, e, en tions 1? rlitent charter arr endtnot t and such enexai Municipal Lave, 239-m 544,§ 1, See,now,this se itan. C4 truction with other laws 1 amendment authorized Sift olk Co-=,y added L 1960" c. 1041, § 1; amended- 61crr t of dift tlon,:recdrnmen- pldnaingcommission to dispipprove and dations 12 ins-.:effect veto change. Toqn o€-Smith- H% ways 1tor1lZaYs 7 ton:v.Howell,1972,'31 .2r1365,339 modification of ap plication, .recot en• N.Y. .2d 949,292 N.E.2d 10, 1997,•0 °451, For Legislative, Executive:or 3 dicial me orattdtisn relating to dations `12 :Section o e r tchester Cour Ad- FL rhos la.w, see the.table df Contents'in r�ficKinney's 1997 gess on Laws ef, hrl ty of referral �"i 2 rnirustrat�e Cade- providing ng r}taC t d g o.t�rnm nndai3a n .16,17 lieiv York. " m- ac'cotter ars-tr; recorrtnendaa i}tef beard ay 1n errexl 16 don a'county J 8 5simple L 1997,` 459. dr`1egi lathe, Eztecutive br, Iudlelal= entorandtrxn relating to 5 P girt board b. s this law, see tltb Ta of Contents in Mc irm 'x•1997 Sessio- Laws of ions. 17, majority state a� itsrag as the action is New York, � vol,-bre rrtm��da- accompartied,, by a resolution ,of the 1'�or recreation areas g, umpticsn of approval,, t1 ,,1.1 , board,whichwas a special statute enact- , - 7 ad bre ue o.this section re ging °t' est's McKinneYs Form's R M ®overri ,of endation 1 - - 1 vote ofFnajor t .plus one in order for The following€ rzzls appear an:Local Government.Laws under, enbral f= iiciPa ° It naendations 10-13, town-boardto act contrary to recommen- Law e folio _ Itt gbaeral It3 _pl,an i g b�—d, c� •". of county Arbitr - and cApriclis ,diternha- if �# -over his section. 238-FS& $ = 38th meet Corp.v:Town of LV torts;Salem Order' show'cause nor relitnin un t€;qa anti`tern orar y.restrat�ttn order floor 13 P Y uT1, p ,. 8 (2 13e 1982_ A.13.�d 281'F 452 In action to declare coning ordinance`atueridtnent.invalid 4i re urtp T3isap roval o -modification "12• Pt } 8s P1 arming board fal led fo'a`pprove`prop`osal,see LG, K'RMUN x="239-Wi Presumption of approval 11 KYiS.2d 902, pomcr 1. ° Refrt almtec slty 2' ' 1'estchesr r Car,tttyAdmiuis€at e Aaidavit ori support of motio-a for preliminary a4unctibn a ct tempgrary to Reportby planning agency 14,IS ode, LF1948, e.852, § 451 dealingwith ing order in action to declare zoning ordinance amendment invalid wh6 a In general 14 zoning <x-uendments is a special law, not county i�latt8 board led, to'approve ]rposal.dee Lia}. SENitltY.. Time of report fa _ affected, by sub Buri ora cndrnets to § 39-�rn,-Forza 2, Review 18, this section dealing with ztniag amcrrl- Cazt pl as:in action is d Blare zcsruxtg€� uinonce amendraern invalid wherie c u ty oa and highways 7 [nems. Bloom v.Toixa Bd. of Tort of 8it6 pian approcaL 4 Yorlttovvn(2 Dept. 1981) 80 A:13.2d 823, Planning-board failed o approve prope a;,.'se� LG; GRN lt>1IUN §239-�tr, Ststetttent=of proposed action 8 436 X.Y.S.?d 353. Form 3. Time of referral 9 7ud ent declaring zoning ordnance ara€r ndment invalid.here county planning, Time of, report'by pkrmirsg,�ge�a. Westchester County A i ' tsve 'este tv drr rttstt board :ailed to aplr ve pioVosal.'ee' LG, GEN t L1 '� }239-m, torr 4. Code,L.1948, c, 85Z, 451 deali;tg.Wv t, cy 1 is t ottipg pia ax sir amend en o z sZ the _- Use or area vttrlarss 3 tian of General ium i itsal Law cicaii mining regulations 3' Amer`t is Law Reports,-, vvith,-amendments, and the cele of rite un in boas are in conflict and � plane d Zoning: construction, and effect of statute re uir ne that zonir a lication'bo I county g g 9 g. Pp the Administrative°Cade, a special law, treated as app if stet acted o within specif' peri-rd of rt e. 66 1. Co tr€rction u�3.tlr€ether 3a�s is. controlling. Bloom v; �ovvh Bdo of AL 4tlt 11312. Prcced e for,county cammissio ,re-1 Town of Yorktown l2 bels[• 198-1)'80 view of town,zomr,8 chan es set-forth in A,D.2d.823,436 1 .Y.&2d'355,- 122 1-23 §:.239—m COU I -AND..ViNNING z = Note t = Art. 12. 1Y~ dote 5 Compliance with this section relating everabllity clause,found.in,law efr= ' 9� COVINI :. t MML Ac' Its ; - ®. j Notehs Art, 2- I Note` B inc,v:Zoning Ba;of Appeals of Town of. . statentent of proposed action m se dart€ -fu pease Municipal law constituted disapproval of Greece, 1472, 69 Misc1d 55; 3243 a pl3catio Alo a .Flatitriu Bd.of the Referrals to county laraard and to term_ �e•= eurr :Piarauing' �osancf� is g P iI .S,2d 171; _ 8y dal taring-'beard f'proposed amend. y advasda board,thoragh law in eft Town of-Stony Point(2 Dept._ 1996) 230 A town zo airig board of appeals c all tneaats to town zori#ig ordiiaance,i adicat_ j&i' oordinate sd improve count- A D d 7 0,6�6� Y.S.2d 375, defer taking -W'action an area vert- iris Haat town izztended to refaeal rhos p e anin tis changedr•crrtnr on•law Where it had been resolved by village v ance until afterreferral to a county,tnet- p-rrvisions which autl :tae tnirain vim& e-ii order td mac it.raore that land "hereby:s rez0hed",,character- ',regardopolitan or regional planning agency.- pe aFitted.use throughout tov.�z and to 1t for municir�lit tv dret• az�ticin,by v tla e of its zeYolut%vn as.Daae 1978,0p.Att}. en;.(fn67ars. 19 -enact neer prosision which authca e� �1?datiorks of pda lztg- council.- made prior to taking final action was A taut planning,board may review Dod e West R $e Inc. v. Zoo erroneous, and hence County 151atati.ilg g. nu:iig -specially perrnftted use only in fav g a appli tide For a'variance requested those areas where it was currently coon_ ` of Appeals of`Pov§rn of Greece, Cotnrnrisuitan properly deemed resolution pursuant to Town aiv 280-a. 24 7 a. ducted, ade�€ately is forrn�d hoards cl 1Q72,. 9,A'Iisc:2 55,;329 N.Y, S 2 17i, to be one filed ander Nassau County .State Qotmpt.664, 196 . - contemn oted action to pewit the r. Presumption charter,and disapproval hall-M.be"reg- view and r eornnaenrlation and to s TiSiv i1 Press p ion of,approval,..: .® istered by vote in excesstof rewired r- - 6., lark or recreation areas ornmendations•,.; thirds subsequent supplemental hearing statutory refs raj re though as when Commission decided to adhere,to In .o ` act that section of General restalt of too is deci'-on to enact only tle Absent v�lld diva ro;al lav county detertaiiriation•was effective,natwitltstard6 Tduniclpal taw providing hat certain repealer p,ov sior` ;Training w conduct. p a 8 commission within specified in only three co .Ye ccioaers oared fur ro €asefl zoning,actions be submitted to ed as noncon�ortnin rattier than as s fie.'1 tet, i awn zoning change was g b rpcounty, matt pcalatafi +r regional agent c ally 3ermitced` a: existimp d:'mcd approved. Town of Smithtown such subsequent resolution o£adherence. g mining a r InccatTacarate l Village of parratsragdale v prior,to takin final actiott'did�bt defaaao sites, difference between amendtneaats V. Howell, ,197„, �l &x 2d 36-9, 339 "tater 11.x.a=d 949,22 lk. .2d l0; Inglis(2 Dept, 19 ?') 17 A.D.2d 655, ?30 park ta, other retreat on area"and proposed and as enacted related,only to 1'1.Y:S_2d 863, was aTtibiguo s as to whether it en m- legal states of use o£cutread operdftag passed state-caned land within a forest nursing sites ares!was of little relevanse_t - fl2a �-` D3saaaroval or . o tlprr, Action of tca�vas's pracipal planner in preserve,as bigtlty oaald be•reso ved in counnty board or to town ,arming board, r endatlo disapproving the re.. ing of pact was favor o property owner -and therefore xer�att As hats 1?rodtact�, Tic,v, Pte �r of County planning commission disap- not equivalent to dee planning board's location of land in State Barest preserve Satrditiia,. p199s 37 I�.Y.2d 668, 642 prs�val of town zoning.change Was inef, disapproval of application which would did-not trigger application•of the statute 1t. .S.2d 16a,664 ,B 2 1226. ftcd Fe for lack of two-thirds majority of require a town boar± vote of a majoricr to rpce-eding seel#g,authoriz fort tin- attire commission-<where commission, plus one;to override,since power to€,ass , cpns .act,telev-sion-transmission tower in Applicable statutes- contemplate that w .to be composed of i5 rueorhers; on zoning applications was vested solely a residence;agrictaltt3re zone., rends £ con city or -regional board re9iety gird there,were two vAcancies, .and eight,of Board Which attrist arcs as a board. V�oodstopk, Inc. v. `gown•of-l< oodstock sake reco mendatiors,onsite plan ap- etre members pres t°ag meeting; Weinberg v. Tovvat of G1Fr.2d3 2, 1473, Planning Bd-. (3.Bept,�13891'352 A.13=2d plication, tri substantially the same form ".votes were necessary: tq tiv tlairtic 78 1,, -c1 64k 3571 itis 2d 332. 876,543 I�I.Y.S,2d 1007.- and content whicbt is before municipal is jurity. TowOf SwrfltIuo,%r.v..Ilowell, Business owner Mara,had beets afforded _coart3,plaixrrila boat d i required to agency for.final,action,and'thus,though 1972;31 NX.2d, 365, 339 ,Y.S.2d 949, proper liea€ring with dire noticeand op- A- . c ' rrrunlcipal agency should hoe be obligated 2ea,N.-E2d IG.' oortrzarity to present"all of evidence to review zoning rcgul tiorta which ate to; a e multiale references bra appliea: c 10 7 zcaniu board,vzitla r pe t to .its l rtd witliirr,51?s7 £ee:of stn .oume land z r Toiyar laic axg hoard acted rationally, 11 non eat h time a revision is made,county application on fear approval of business signs within tlie., atsl ill azk. .tip.erase l eat on bests o co eclat e t� It denied Pp p - 6 ttfaapt 558,.196?. or re lona=board should have cappor�r- applicatidn fof�*speci is-permit operate was trot deprived of any-ref leis•constia® tetra-review anti make recommendations. dog eat eel oti'.owmers-prop �yF right i tional procedural safegiaarrl ,lav sec9 on new and,revised plarts which are sub.. Fav"proposed acs ss froxrt keniael'o tion ereatin Nldnrae County.,Planning 7: loads and hlgltwgys = y �P decision was staitatiall stiffs errs.roata fie_original pro- Council`-Those adverse If .property for Which special permit pr�sal. etrari v.Town of erifield Plata- co linty road urtl not Trice[applicable sa t dis, regefia stie7its for interseetusg binding in absence of affirrnative vote of was sought wad situatedl within 500'feit ring Bd.(4 Rept. 1992) 181 A_D.2d 149, Tread, titst�ing no additioaaal.t age':�aF inajority plus one of-zoning board em- of to aighwav•zoning board of appeals 585,�1Y.S.2d 925, right-of-way until speed limit`vvas firs t- bets: V1c vo S3crd?e ,est midge, 1ne,.v. shot lei refer appllc ton to regls naLplaTa- Bred on country°road. Berk v,G aveldiTig Zoning Bd.,of Appealls of Towrwra of Greece, nln _' card dor its repair d ecorprnen- 9 'Dime-of referral,- f4•`Dept, 1998 -24-7 A .iid":831, 669 1972,.69 hUsc.2d 5, 329 X. S.2d=1,71. dalioirs. a v. .Gtrrc=:one (4, Dept pat to refer application for :a` pp 19691 31 Ai d 883, 248 AaY.S.2dl 2861 pp i I .S:2d 108,leave Appeal v ae�3, errnit to erect Ba den 'e a arizite�t 13: -- Arbitraiynnd.caprlelous deter- a ` fla A plication,,for:mal,subdiv�sion .p at City streets, designated as "it urIng residences to caurity plarm g'boarud pri- aPprova was properly•treated as having rrait.ations,racorrrniesadatl€�ns routes are rr t state highways wrt ui;the o.•t, subtn non`of tine msatter to city beep turned down lay seven7member town Isact tl�at city's--application fair on- raearring of this secti6m 01`-State planning board wag-no,ground for denialpltmmriiraag board. eveTr tlrotrgli femur 'em- struction of xeplaeci �rit of swirrarnlag or pt.74-317. o `rhe applleation;-`-all that was required hers of board voted in favor of•apprtava. pont ora land located within carte trails of It is not neces f that all-ione ez tinges was reference to the county planning one member voted against. one member airport was denied by county planning involving real property lyin5�wit in a alis- - board prior to action by the zoning board abstained,and one nue Ger was not pros- director an&planning board while appli- tance-of five hundred feet from at county of-appeals, Shepard ,% Zoning, d. of en-t;'concurrence of four of seven board cations rade by others were--,anted did highway be•referred to trite county plan- Appeals of City of Johnstown, 1982. 113 metibers made.re-solutron valid actiow of not establb that denial was arbitr� nun board. .17 Gp,Slate Gorript. �LMisc.2d 413;448 K-YS S.2d1 IaI°l,affirined board,and failure of board to:muster five acid capricious..where facts warranted 1961'; 92 A.D.2d 993;464 N. $�.2p 479. vanes in favor as'required by .General finding that decision was made reason- 126 1,1',7 AN REGIONAL.'-..PLANNING ID §:239-m §°239=-m COUNTY AND REGIONAL- MANTONIG, irt, Note 17 CP �V Note 13 At Art, 1 � dere county planning agency, ap- specified ii°t�tliis section and must state in ably,. City of Rochester v.Monroe Co Sales; Inc ;. aiag, 1977, 91Vliso,2c n tliodyor failster referred tot shtick e aaction, resolution roval 1980 .At Gen�nsInfr 197 - 81-Misc.2d *62, 364 N.Y. _ 633,39&1e,Y,S 2d 493., ;• piV i p P ty . ( ) 678. i �iibin applicable-time per od,Sarre mla ` ne 11. rit15. e--:— Time of report,report by Plan ,ti e te by maction to proposalout A tow oatd of zoning appeals con- 14,: Report by planning agency—In gen- , °aing.agency ie sisting of five members may Bold a meet- s y larthi .age-hcy; it is only , er l p Ft b ing at which three members are present Taus b€?�`s aripittvai of retic iisig res fanning a=enc disap roves ro- , ` . Y p I `ty` .not esal or recommends modif modification[pert to consider the overruling of a recd s- oth recoiiitnendatzon of regional ciiiitioil alto to tiia`ort vote dui l violate Geiser Municipal La ovistor, �tbat tltissection red ire vzite ofin€c pi- mendatioii of tl e Rockland co ity;14L- lanntg hoard with respect to proposed p change of zoning and statement-of rea- p ecluding miinae:tpal ageoc'-from actin City p6�s one`of i urdcipal body in order to iii beard and tsiie�aftcr at a later or sans thereldt roust- transmitted itted to the Co- y ro plariii109 agent s reco men• 1 uke final action contrary to..pl nnin8 adjourn ting legally provided ed mem 'tiled•for a efer n amici al a dation ase t b vote•of�ma orifi lus'one ° c} of t. l eisurc Time Saltie,.f , and properly assembled' vote an such € p irr°�vittezt P y T P j., fdtmt and where county planning-board, _ cif its members-if agency disappi ales� v. t4�i�, 19?7, 91 l�usc,2d b33, 3411 naeatsure or dirbugh peoper'procedures —orreconsider a-previous vote and if four. ren ti appl. do i for rezoning by tvrif- poral la recornniends ntoditicatioi .Y.S-2d 493: votes are cast-at sucli'meeting on�prop ten ary. report but failed to put where planning agency had reported ds- 1dfiere actions of,eiziployees, of city.. i' statement of reasons in writingthe disatt- approval cif landowwne�s proposal rnor�J �in g.dtaP ?a it,and county }�aim, er iescilu�on in she affirmative €ht giver- than 30 days after i fel 1, d°.board n�depa nen ia= tend�tg 30-day ltm- ruling the recoihr€ieiidativn of tf€e ILoc = proval`was not effective aril did or acti= taxed.county planning board, suer action vate pravisiciri�l& to override planning gave siHicient-cor idergtign to reasoh° tstioti for flling�o report by obit it}r plan =t lioartt s recotnriienda dna a'dri jus able alternauv .to landowner s proposal, de' artrrelitEwere no bindin upon is valid. _9.2, Op?�tt 0en. tin., Mar. { J ty P. . ning .p ; binding, 0. one vote of the local agency is required. Corradittez to PreserverCharactor of S.". cit gliniiing.l3oa grad where city plan- Voelclters v. uelli, 1983, 58 . .2d 170, neat.eles v. Majior ('1 -Dept, 1992),191 rling lioa d repudiated,la._d Ming of such Yai' a'city having a ztsttiiig ordinance 460 N.°Y.S.2d 6,446 N-11,2d 764. - A,D. d 940, X91 Q.Y.S.Id648, leave to report, cid plan tag 'bard's simple r ia- proviatsag filet both the common t nc E` ,appe ,-denied- 82 N. `.2d 652; 641 n commission iciest a .- Zoniis board of frits'vote was sufficient to overri r�- and ` planning appeals' ori *v the u pp .,: , ore I�l.Y.5.2d 582, X19lti.l 2ddtafl. pert of coiiri a.special permit, if ;, on grant1 e variance to elece.utility ty planziiri degainent " prove he issuance of A- c a nullity. where sztilit lied len de- In view of�s section-`orovidhxg filet it ivricli dasapp�oved-al deveIoper's request the county planning board disapproves prived of an oppor:taiity:to appear,ai that ct countY- Planning board filled tis gc t for special permit to build apartment the application..or approves it with modi- witl i 0 days "or stick.longer penod a- House. Vanderveer v. Vanrauvrendaalz fir ,hoth those bodies.must approve proceeding,slid whereboardlacked tier= may have beer agreed a on b it and tbf 107,89-hUsc.2d-604,392`N�Y.S.2r 216, by the extra vote soccified in this section isd cutin to detetnaixte.tlie matter a ti it _y p 1 . Tem"c€uric Planning agency within and mus state in fife approval resolution lead received recornme?ndatiorf.aril state- _refcrrin agency," city planning boa, p � g � pP me—it, of reasons-from coimty,planning could act,wi with-out such report, granting this•section providing that each rhunici- the reasons,for such action. ,9�0, Op, �s of,exteion of aime to cou,�zty-platietiri body liavfng luictaon ta'ifise e`ape- Atty. ea:(Inf.}Tune 11. hard or 30 days l=aa passed rthotat department was a discretion ftittctirrr, g p response from ti t body. Zagorcos V. �' c.el bland ti -ar is shall before t�ag Cancun f2 :Oept, .1936) 10'9 A. .2d.281, as opposed o a mere:iniziisterial act,sc mal actta f*tlaern too couriity plart`ning t 7. Reasons, overriding of-re tia- that ail ak reement to extension of time icy aid, if planning �geriu disap- mendatioti 491 Z Y,S.Zd 35 y g rovin rb osal or recominends modit- � l for filing of report by county tila<ttmg pif F f Toon, board's failure to wait-fir 30 board =04,-pricy have.'been,made by, cation'thereof,'r unicipal._body having It was,uniiceess for towaa hoard to days t€i,rc ive,repart,from- maty plan- < county'-.pl _g: departutetit Tan sty 'sdict:of shall oto:act'celtiasy ts'sucli include statement of reors for acting Hing commission,as3required by applica- planning board,and actiorts,of emplttsees disapproval of reco endation except by. contrary to recommendation of county ble zonirig statute,before taking mal°ao- of Cityla ran dep _ a vote cif a ma ur ty plus one of all tl e division of planning and development l? g artlsaert Arid couritf. where the azemorandum sent L the divi- tion. oro proposed-local.lava establishirg ;planning depat ent_ extcadirig•30-day m iters,, included commissioner of y. moratorium ori i�saance of tiei.v building limitation were skit bin islg, irpora city, ceunty departmentofplanning,and'ont=e_ sion purported to approve propos e=d ion= per,,its rendered, ser tori-m invalid• s ;platrdiug boaxd: sr e ties ,Vatiroti= psi er recomn ended disapproval ' =sag law"with-t odi£icatiorm"but did not jurisdictionala.y defective,absent any ind --wend 197?, 39"'AEsc Zd;:6 4, 342 ef•perrritt city gla i ig:lr rd should not suggest specific rnodificatious or clearly s tion that.moratorium was established l' Y 5:.2d 2,1&-. �- -" have-'acted contrary to`disapproval-with- .and.unequivocally prescribe a.. course of + Our •v action.for the-town,to fdllow,_ pursuant co er�i �of town`s-.-polios -- _ � rr o[a.ntal� Ply o df-a11 Ps-I�, to ( � over. Caruso:v. 'Iowa'of-Oyster.Ba , ,1,6, Ov i � m�ihers of board= Vanderveer�v., Van enactment n of the zoning law,- l einstein P � Ys y �:of reinm€tt€�tioa°t—In 1997, 172-�c.2d-9,x,•656 MY.S,2d,8E general ., o-�' ai, 1973, S Mi c.2d 593, 343 E Inc.v.Town of rentl2-bcpt. ,. affirmed=as modi ed,b7 -N.-Y&M 413, tete _ 5,2d 55 =_ I987)135 Ate. €d 625,522 <I'.S?d 204, ,, town boar -overrode .county" moi re a city,has a zoic ii -ordinanceeal-.dcnied 72 N.Y.Zd 801. 5a:0 app 1rYltete oz t of bound• larmin agen= rlarming commission's,dl appfti al t�f PitA iding-that6th the coairgiabn cauaa HI KY.5 4: 5a ,52€i 1v1. d-44, cv with i- pest to application for n€ng - olca,, e in,-Zoning of;grope -situatedt vac ariee-referred- o,it by rxttaaaioipal mon- w tbhi 3Q fecr.of'-owitbound change d the'Olanning corrauaission.tout are- acquirement of this sanction t:�dt re,a- rovethe-issuande df special peisn t- --d -son for overriding modifications of coup inn board=of appeals was made o .print= of- be e 1-acid fain erg grid �q ed form and did` nt :erg its face,end cam platsning.toriiiiiasi ftertel bafl nee the eouity lilnngacl dtsalirnvs tv Iilrsriisrzg board be sefr forth in adoptive decisiaz� disapprot ng'proposal or--.orae - ther, right itoa_power•to-vera-.Changes the�eriiut�pplicatieau Asa s pprovbs it wltli r6olution�jurisdictional in nature and, areoci icatioixs, hien both ilio cttiu�e l acid Bence,strut compliance-is-not compi;lso- app4cs ing_same°with icidibr iia fi,;bare `S e`i ss is es Cr. v=x bear.(2 apt flit=.planning.co ;or" rztust app eve ry arrc%rioncarizpliatice will oat`irvaltda*e malori y vote by sittin cipal zri:Finng.board - 197ti1 35 ..rt,2d-.846,-, 1 l�.Y. �d 9, rezoning. 13looin v.Town lid. i va d to df uFl eels vas sufficient, to authorize . afF ed.,2 MY.2d.,991., 323 1.Y. ,2d the appli tto t by-fife sins dote r lar ., ° antirag, of variance. Leisure,.,Time 835,_272 le F.2d 338, 729- § 239–m COUNT AND- REGION PING .{ Note ii Art.-12 13 AND REGIUNAL.VLANINI�N .� _. §239-n Yorktown f2 Dept_ 19811 80 A,r0d, 823, zoning1raotter pursuant to Westchester . '- � 436'3,Y.S.2d 355, County Adniir3strative Cade, clamed tie. f Board. of Zoning Appy sunt planning board's.recon ends- ordinance which rezoned appelI ' a shy for`town to comply suit-'require. v arices contrary to pec proposed llancre parcel t]i land from residential tt?. teat of this section:by setting forth neat �tioit i3 Co`st ry"Pla�nnia , otn icon' ' ro find dtartcd stadnuzn was not based .upon hoard's failure toind=ng nor Cnai btrs c i lie rivcnrldd� pl rtned development extraordinary was sr�r>s tear-�*�action ov rzl�tn�board its �t } oe�of cid pl�i couhr�isssoz�. nil oid, ve er e proposed amen tctct adoptive resolution w otav:.ted. 'Blount cnmp1Y wnth najorn pity_one vote re- v thus such determination since ad�yisoq „_,- ry not approved by the coun pl mm�g v,Town d.of Town of Yorktown£ 1980, . W-ent,= ;13saard` fa;l c-'to cot piv only and not final,co tld not be reviewed ifl2 1isc,2d 93zn, 24 F.Y.S,2s1983,ninth. lhtn`aori Fns ane vote egtnurement epartraent, where the c'ity planning, � _ � €article 78 rbceedi board failed to state.the rea-sohs cr its pert on other grounds 80 A.13.2d 823, Sa b o. un dicii€anal defect. South . p. 8 Pickett v. r di on Ste. Ins,• v, Board' of. H cibarth. 1979,=98 iise.2t1 ?`7th. 41 approval, and where the gndment,.was 436 1d.X.S.2d 355. .• , ppoal5 of Ttacvrz 'o , iempstead P.Y,S.2d 988, of firmed art pari, r£adiited not;supported by any evidence that it 18. Review. ��•=dept. 1992) 1..85 A. ,2d 984, 587 in pant o i,other grou ids tag .D,2d 22�, accorded with the rig's e t �g air evoly N.Y. ,2d 29, -_ 418�Z-Y.S.2d 827. ing plans- for develonment of the area. Direction by the court&at town super- Hale v. Cid-of 141ica (4 D? pt 1979) 61 visor and`own board rezone premises:€i A. , 85.403 N,.Y:8.2d 374. accordance with majority vote die` no, 23 —t2. Refer of certain proposed subdivision plats,1 the here county -rlanning :commisstor, constitute an encroachment on le isiadte county Planningagency or regio plantcouncil,` tunetions as following cutesiinaticr that a trade can ni reco .menoations:n-port 8_ report thiareoIlj final action filed with to%,m board,board viclated this county pl .rudng board-recommendation section;by adopting-.resolutions.of intent against rezoning was ifi& itve to trigger [As add by L.1968, also, General Municipal iTt� to rezone and rezoning without stathng the majority plias one votes requirement �v a ��3—P�, tit'Article 1�—�, t��t't �� tt�s�t nit t ��tttit reasons for its fai;.re w incorporate these for a nor ttar°t deefsion4:;all°feast etxn red recorn endations. Blink ,v. fiovvi of urs rn ru sierial conduct. Voe:ckers rr 1h'ebster, ,1986, f04 i isc.2d 852, :429 tivaelh, 1983, 58 NN-2d 170 460 811.. N.Y S.2d ,446 N.,E,2d 764. I. �e dons. A8 used epi :.. Rezoning of property from �l 'There was no judicial° T`usurpation of leg- a) e e 1 proposed las,used in sti Kira ap115 Planned Business District to,C� -1�e iont- illative function of town hoard,concert:. � =1) and (iii) of a1 Shopping Center District was not in- ing rezoning where Art cle-78 procees itng graph (a) of ubd%visio throe o this section shall e deemed to valid for failure of Joa=n to co ply with brought up for review only supervisor's =lu e only, thos recreation areas, parkways, t ru�� �, express- ways, this section by setting f reasons in ruling to effect that majority,plate one ways, rooads or high highways which are s owrn o a county co reh rl- adoptive resolution,for ove��g rrbdi s vote`was required in view of recd nmen- loan in board dation o county Sive plan., ad-Opted pursuant to subdivisitan seven of 'section tt�o cations made by county 1u _ ty piarnntn agency against ,Lvaere governing statute uvea not this sec- zotning change and the courts did riot a dry anlzn�-d `oi� this article, �� slice on an official map • tion,but Westchemr Co',.nn Adnairtiatrb- pass on propriety of the propwA'bltange ad ted. urs five 1 ode, L.1948, c, 852, ,451 a el€ly brut or v deter ined drat count; board's � t�aIt to section Iv o llC1I$d�Ll t i1�ty-IIII'e c this ielc, requiring town to adopt a.r resolution in recorssm ndatio v#a� not � eciive; thin �) Ali .torts "undeveloped-,plat"-shall mean tliLase plats already' order•to override` nodificadon�s made by regtnaring.vnly ;ajo ty vote r6r approval. filed in the office,of.thy clergy of th county in .which sttcl� hat Is t r,aar�ty planning,board, Bloom V.Town beiclters v ureli. 1953,•58 1 . .2d 170, located. , here ttvelT event or more of�e lots,vrilhir3 thin plat a Bpi. of lova a of 'orktov Vii, 1980,-102 460 l .Y.S_2d 8.446 N .2 764. percent 9,38. 424 NXZ.2d 983,modified Objectors claim could hays been re- C#MPTover[ u1ll ss, existing conditiolis, such as 066r draffi i e, have on o;t e* uunds :80 rt.➢.id 823,-436 solved in Article 78 proceedingand.thus Prevented their devel qpi e t NN.S:2d 355. 30--day statuntor .limitations period for County planing board, laving chosen Article 7 proceeding se;�itingjudicLal re. )The term "'re e r ng lady„ shall,mean the'city, town or village to•respond to referral uaade by Iowa in view of towns approval of special e per- lad authorized by-a 11Lt1i F l legis ativc.bp ttsYappr vey relli t ' respect to roptised•zoning Chan e Pum- "snit applied,to claim,in whicb objectorsor P aiat`id-Westchester County Administrative spilght to anhnal special use permlis for nary, �4 plats,of to approve the development of undeveloped Code gather than pm-stuant to this section, onstructiton, of cellulae telephone tower plats and./orplan alt eadv tiled in he office o the county clerk. could not thereafter imposesaricti€tl df -and utility building ori ground that tows illegality'af'reonhng upon :too for fail- planning board lciced jurisdictionto as i ,�ferral of I pzoe€ plat, In any city, ttivn,t3t yrillae which I, ure to comply with requirement of tt�s arae permits due io qts.fair toA ramp=i s located-•iii a i.rsiirtt vvThieh l ad a comity pl nning agency authorized section that reasons for ac-don of tow-ii in with. statute�c T�uiri n� referral of zoning, y the Count,=-le sl ti., �Sotl to rev e�y preliminarysir cul 1�� d overru ang=board beset forth in,adgptive actions to county, .nett politan, or,re to approve ove the develd r ut:t�f us�ti `elc ed plats' the clerk' o the resolition,--13tuomY.Tovvn 13d..of`�qwn gional planning gen _ St�v�ch v. p p of Yorktown,'198% 102 ivlise.2d 938„424 town of 1]su nneslanarg 1'la ing fid. lj to tiictpal plat ing agency, upon receipt f �apphcalior for prclz - ti. S.2d3, sosiid another,grounds Lept, 1948 14 A.I?, d SJI, 667 nate and/or finalpp: l •. tval of a subdivision iBltplat car proposal to8(7 r.Lt;2d .4 na 823, I .y.S.2 j 5. N.Y.S.2d 997. develop an undeveloped plat anctlorplats idready filed ba.the coffee of Once county p,lanniang board opted to Statute of limitations did not Vi4clude rho;county clot � °S ,CSI cep t � such lits to the counT respar?d to referral-by town:In respect~to Article 78 proce ing to-'z°cview cute p : i lam agency,- n armee o a county plan any; the 131 Jur -and NY. 'd, Corsnta s; owrls, & Mufuelpal Corp. .§ 7149 Powers, Functions, and Dutael�—legion al Planning Councils.- Treatises and Practice Aids New York Zoning Law and Praetice, F"ourt onion § 9:08,Regional Planning Cour- 1VIcKINNEY'S eils_ + omprehert�ike Plan;Preparatiop art Adopt}ort. lNei York Zon r Law and Practice,-Fourth Edittilon § 9'12, i?�eial County Map., 39. mance ) s u s� � New YorkEstabl� orrn Law nnshment and �F'fa . �adl��Edition §e in Coupty � �i38 rc3� ..fana�li�g C01E Amendment Procedures,_ tics Pomona. 239-1Coordination of certain municipal zoning and planning _r Ift 'IF N ' NO actions- 'le sl tiv intent d polis ` -Research References -. lr 2d il€lar�d Controls§ Coordination of Cel l'Yrtrrucipal Enevelo i NY J ,Zoning,& - Zoning and Planning ions; Referral o`Certain ?rop a l?tannin an i onin 31 Ae. Ge-neral;Munid - Lam s Forms 1 Memrin 's Forms,Qel .t a Canso] Lasa,EnvVKobservation 1,awd^ 8-0191 et. se �.� �, ° Foran 14,et . F'o� 1 <Petit e:r°in A i:,l��P ceding t Nnllil�,Action of l.° Town Board in,no� vacant Land. `1`'re des and Practice Aids :,, ;Anddrson°s A ier can La - ni § 2 ;1 .l view Municipal n cipal l era ag De i s< E New Q. :Zor ng haw and Practice, Fourth Edition.§,9:09, Regional PlanniTig Coun-, nizrg;Legrslatave-Policy. and �_ L F7ev i York Z ail L Prac`t c%Fo° yl 1 dlriuri§ .0 ,Roterr 0 is Nftes of Decisions '°. , Rev'ie r'considerations, enea'a11V invt i�iug validity.of legiladwe act whs i Cit;s a11e8cd f ilnre t comply w:h was reviewable in a declaratory iudgrnent Un General Munidjaal Law requirement ref re- action., Ernalex Const, Realty Corp:.,v. eplacin prior pocket-part supplementing fir' s fer driiepml Zoning ordlnanc.e t4 City of Glen Cove (2 Dept. 1998) 256 country planning ager:ey belare enact 29 - 1 Tti 2 volume £` A.D.2d 33,6 681 NYS 2d 6.. peelai oto -the,-ordinanee was not mere proced=ural ry Judgment a 129 uTe darty but xas jurisdictional d��t Bm { § 239—m. Referral of certain proposed city, town and village g and zonin actions to the county planning pla�an�rr� g. Cur ent dough the Lames of 2 08, chapter.638 agency or regional planning council: report thereon; final aetian of the st'�&gislative Sessions r,�3 = Law Review and Journal Commentaries 1� RECENE 1. Zoning axed Ldnd ilse. Ter°y I a�e,55.Svraeuse.L.Re .i3t'S 12005). ,IM i e .. . , � .. ��. ,SLR Liltr Research Ref renc.es � b° LII slth ts12 Zoning- C rrr -uct'on ania I act of S to Requiring that Zoning s{ Alga o he Treated _Approved U of Acte�,oia #'ithiln S-pe ed-Period of sll To,v� frycloedi NY Jur,'2d,.Article ``l8 Related Proceeding '& 1lpF.RIF t �f Special Sia rt�ry Pro-Vasious Provision Reauy-g Commeneenie t of Proceeding Vridral Shorter [ Per ad of Tizne NY Jun-2d, Article278 -Related Proceedings § 24 1 Counties; County Boards and e - officer., WEST 2 Mat #4t77fi 913` 121-- - [ NTY Jur,2d,Buildings,Zoning,&Land Controls§ 34,Coo diatat on of Certain Municipal: New York Zoning-Law and Piacti6e, Fourth Edition § 3:23,Voting Requirements', Zoning and Planning at t ons; Refel of Cex a Propod T�'laritsg end Zoning Towns--' iii des'. Actions- ` New York onoLaw and Prdetice, Fourth Edition § 3:24, Voting R quirements; Jour.2d.BUdings,Zoninp,: Land Cos aols§ M,by County Planning Agency or Regidrar P fanning Courcal New York Zoning.Law and Pra-eace,Fourth Edition§ 3:21,Power to.4-mend plannLig .N'f Jug-:;2d,Buildings,Zoning,&Land Controls§ 197,Role of Pli ng Agencies.: NY,Jur.2d,Buildings,Zoning, & Land ont is 9 424, generally;Statutory equine= ? Nese�Yerlc Zoning Law and Praet?ee,Fourth E`n on' 3.'32„,A endsnent Procedure. £rents. New York Zoning Law and,Practice,Fourth Edition§.4.07,Coordinating Prebarat on of J=ax.2d Buuildirgs,Zoning Land Controls§436,WTO Must be No ed. the , NY Jur. 2-:1, Buildings, Zoning, Land Controls'�_437, Content,and Suffi envy of` New York Zoning Law r d-Practice, Fourth Edition§ 4.17, ffit�z49. ter � p la Novice - •. Y Jur, 2d Bu 'dings, ZP�g , Land Controls § 444, herr Before T.aldn Final New Ydo Zoning Aw and actiiee,F uob Elinor § x:22,GonflieG With State Lawn :fiction. MY Jur,2d, and ngs, Zoning, L �Controls §.446, Voting l equir sment Where. New York Zoning Law and Practice,l=oftrth Edition 41-2,Town Ordinance Concern- Matter has Been Rete ed to Planning Agency, _ r cr ing llc aid s f pais. Nom'Jur_2d,Counties,Towns, Munieipal Corp.§ 91_.Adoption of Local Lawd ecdng e nrl�Zoning Lsvr 4 ti dace l ourth Edition 3 1, Po and Duties of Prior Legislation. P anning Board . NY Jmm-24� Ca,anties,TowMuni ual Com § 254,Health nd Samt tion, New Yorkonfng Law and Prance,Fo1ath Edition'§ 3:15,voting. NY Jur.2d, our ie Taw s. iunie a torp. ,3 ,Power w- Dut�t of Court: New York.Znsa ng Law d ct�.e, o zr li F taan§ s 6,tither,lief als. N Jrcr. 2d, CounWes, Twins, MuniIIupal Corp. § 637, Judicial Review of,Acts of New Yoflt Zoning Law and Practice,Fourth Edition§ 9:0G,Powm-of City Plannxrg inn meal Departments.Boards,-and Comte- issions Boards, Regional PlanningCouncils; pliectitonand. Distribution of L-Ifoamat cn, NY Jur. 2d,'-Counties, `l`owns,. &-Municipal Corp, §-713, Power6, Functions, and New York'ming Law and Praetke, Fourth Edition § 9:43, Regional Planning Conn- Dutis unty Planing Loam. ci Zduing;Legislative Policy. NY Jur.2d,Countiesdowns,&Municipal Corp.§7124,Poxvers and Duties, New York Zoning Law and Practice, Fourth Edition § 9:10, Regional Planning goon.= NY Jur.2-d,Coinitims,Towns,&Municipal Cora,§ 734.generally;Creation., cil%---ming;-ll�vsew of Niumc pal Ac -on. , NY Jur.2d,Counties,,T owns, Aluniaipsl Corp..§ 7655.Member. r [ New York Zomig Law and Practice,-Fourth Edition§ 12:02,Zoning and Telecom o am 106,ProceedgInIMng Gveamtentancies rdPals. motions Regula om "Y Jur.2d,Water§ 255,Generally;Reservation of Local.Junadiction., New York Zoning Law aid P e�°ce,Fourth Edition§ 14.03, ied1tx ral D_tL-Icts, Forms New York Zones Law and Practice,Fourth.Edition§ 19 02 Su vi-zion Defined. Ca ad,-Wait,2d§ 19,43,'Necessity of Prinitry Responsibility for Challenged Policy. New York Zoning Law and Practice,Fourth Edition§ 19-24,A�pzoe al and Cerfficat+or, Ca'nody Wit 2d§ 140"62 PartioeaJ io Are laot FinalNodessary. : of nal Fiats-�-Refers to Court-er Re on l Plann�ng Agency, Cartnody-, ait,2d§ 145°11458,Defeas in Zonfiig-13o r ,1'roc;tiding.. -New York Zoning Lawand Practice, Fourth Edition § 20.103, Federad Development a pody- Bait;2d§ '45:1479,Review of Legislative Action. Arlington Heights. � Carmody.Malt,2d-§ 14x5:14 ,Special Use and Buildi=ng P'er nits. veva,York Zoning Law and''ractice,Foul Edition§ 26.09,Referral. 1delCmne3vs-Forms, Low Covin General Municipal'"Law s 239-L Form•1, Form for l��ew, York Zoning Law and Mice, Fourth'Edition § 2&019, Teles IVIo IN-just be Actions Sub ect to lieu ew, Nott ed Mc inney'3 Forms,Local Govt general Municipal Law§.239.-M Form 3,Comp�`nt : ! New York Zoning Law and practice,Fourth,Edition§ :11,Cont�nt.of Not.ct. Action to Declare Zoning Ordmianee'Arn8ndmentlnvalid Where County Planning New York 26-rung Law aid Practice,Fourth-Edition§ 29-.K Required Ylo orifi , Board Filled to approve Proposal= New 'York Zoning Law and Practice, Forth 'Edition § °37, Referral toCool rcty McKli3inev-'s ForrrA Local Govt, Village Law § 7,71S Form`I, Resolution Acting_qrPlain Agency or Reg,.o zal Planning Council. ?lag Pyr g Doan Recommendations. New York Zoning Law and Practice,Pourt i Edition-§30.11E Notice tjo the Publie, McKirmey's_°Foims,Lel Gov't,Village Law- § 7-725-D Form 1,Fesolut.oi Calling for 'Applicant,and Acenal Planning-Counc 1. Public Ne�g to Consider Mdhing Insta:llativr:of 'eleco umura tions Towei-s-toNew York Zoning haw and l�rs ice Fourth Edition § 30.I2 Notice to the Public, Category of Special 1.1 Permita to Village Zoning Law. °. Planning� g. � c eys hcsrrns, lett dd onsol.Law, En t'l Co isersa for Lasmo 3=0101 e Applicant and.Regitsnal Counciil -lvo,lce to Adjacent Arunicipali y. . Fo-rr 100, e seq.Form 16, Co nplaint in Action Challenging,Rei6hing of.Area,i f l tt w �'orl� Zoning Law and Pim tion, Fourth Edition taor § JO;T F, Cosi l�anc 't�, SE `t decision. Laud ism Residebtia to Light inau sal, New York_.Zoniit Law and i ractace,Fourth Edi n' 93:13,Iftaisspens hle Parties. McKmney�'s'F'orm5 Selected'Cbr o;,Law,Envt'l Conservation Laws § 3-4.:011 et. seq. " New Yorke g L yr and I�gac ate,F our�`�Editicrra§ 33.14,I scan Within�e Artiole ' Form 24, et seq,Porm 14,Petition in Artele 78 Proceeding to Nullity .cti o � Town Board in Resv g-Vacant L2nd_ - r3 Proceedings Must be forted. - KeYimni e s Forxr Selected C enol Lava env l Conservation L awl.§'3-4101 e seq. New York Zomig Law and Practice-,Fourth Edition35:41,D Zara r Judgm-ants, Form 16,et seq.Form 15.Afftlav t in Support of Petition in Article 78„Proceeding Availabil ,of I ei cedy. to Nullify Action-of Town Board in llezonmg Vacant Lin!& New York Zoning Law and Practice,,Fours Edition § 39:03,Ordinances Bot l hl-Tig AmendTr",,s and Pr cf ice Aids , ent Proced' ities-Tower AndersoZa Juriefican-Law of Zomig 4- 32:x, Statute Requiring Referral to Regio sal. Plaming Board. - -Andersotes American Lary of Zoning°§ 24:14,Zoning Decidoi& 'New York Zoning Law and Prance,Fourth Edition 3:112,County Piwnnng Agenky or Regional Planning Council. New York Zoning Law a=nd Practice, Fourth Edition § 322, Voting quiren€,-its, `l'ow . Notes of Decisions l town, did not fail to provide the agency "sale-,of spring water for non-potable pur- , with all statutorily required materials, poses,and did not involve the bottling-of �risdictian 19 meat denied - N.Y,3d , 8 7 P.Y . d where,e, at-t me of its. recornmendat on , water at any location. Woodland Cornu- 691, 86 N.i.120d 9-93. ;Zoning And Plan- agerey, had before It all the studies and n ty Ass'n v Blartnimg Bd, of own �f ,equir ri ma 1 documentation that the board considered Slisfidake n is D � , :s;quiretl materials �.� d31 lt. 4��i,a �.I�,��rl rf landing to challenge 17.5 Mage zoning board of appea immure in,issuing its resolution, 13asha Dill Area 811 NX.8,2>d 653. Zoning knd Planning ufficierfey of evidence 20 to comply with statutory requsr€nien;that Assn v. Vlanrung Pd. of Town of Mama- =31 old=rletcrrrnirvaticrrrs 18.Eit refer-to co=unty planning ugerrc4 or re- kating(3 Dept.2007Y 46 kD.3d 1009t 849 Town board's submission to county :ngeouncia proposed area pit . , : Ili. Zoning brad Planning i variance which would affect rea:proper�d= ,, � planning board of proposed zor ng Construction with other lsnw within .feet of b,undary of adiac nt ranges. Torg girth.drift gorse is em i- Validity of moratorium an issuance of town was not mere procedurlal irreg<ala_ria Zsanlrrg rel trlatiow3 ra=nnapnta' rrvp'€t statement ( I ) tralrrirvg permits.for multiple unit dwell` but was j sdiC6ora: defect inv ivirsg City zsrnxag or as cos, hncls did`not p epared.by waste facility that requested nit di€positive of which zo�g. validity of legislative a� and thus an-- list school allowable principal, mosso- rezoning of .5 acres of its propca� to aw applied p�icular appliea on, ,,nulraery °ref boards- of area Variance rv, or special permit- use it commercial corslarnet new-hazardous�v�.trs�*ment .3gs Was lonsv e v, otrrar d3 Dept', } was warranted Lam Advertising, of distrr ts,'denied edueatmnal instltations f ity,-contained requisite,fulls statement 1. d 89'x, 757 N .8. d 4M. Zoning Penn, ILC[yv�. `pillage Of.MarathO (3 opportunity to apply for special use pew of proposed Zoning action so�to comply L1e L 2005)24 D.,3d 1011,8035 N.:C� moo. rr�ltso and bus we unauthorized and urn- , with applicable general municipal mv; sd Planning 7tl p . 496. Zoning And Planvning- l cons�t€rtiorarrl: Allraray Prepa.�rry.Cl`, D1 w adc: �late substitute for corn- I'ceeasjty of ref 1,ges€err 111 Proper notice of�proposed ame_nalrn nt ' ter School v. City,of Albany, 2005, �0 le[ed environmental sessment or'a Caruso v. osvar ��_ y-�ter Bay, 1997, to t-cawn law prohibiting new mi=g actvvi- Mim3d 870,818 N.Y.&2d 818,affirmed as . that was required. Fleckenstein v.T'n"Vn tie w not 'yeti tri.all rounrc' ahlies modified 31 A-D-Rd 870,S18,N. . .2d 6a1, Of'Porter And Cherni l 1kt to Manage- j2 Mise.2d 93, b5 .?d 809, Main s p ; - o1unel affirtned as madMed 250 AD. I -VAtlrin 6110 feet of property al e ted ,by Zoning And Planning x.76 ment, LLC (4 Dept. 9-003) 309 j�,2d 33%672 N. . . d 418. =endrnent.and rifts law was utv d, lo- City law regulating beight and location 1188, 765 NYS-9d 123 leave to appeal General crrdl nce eliminating requ r- _l zoning code provided that tovs�nr hoar of telecorrrrrrsa sig-ons tovaer�w ming domed 1 I, ,3d 609.777 r�.Y S L8,8i rert prv%iiknitarag cit council fiorrr ret rssg bpd nrrsvide such notice at least 1 i� ordinance, that city �.required,under Nv E d 1277.. nvirohmental Lavv. s .contrary, to recti rnendatiorrr, of cogs rrrior to d�td of.ublic hewn . �xY - General Municipal Law, rifer to apprb- 696; Zoning And Panning e:-193 ` 9 g s Canning board and substituting a limp'le le Gravel and Contracting o.v.Torun i palate unto plaran zrg agency or ro�ori In lores d vote for.appr�r al,of a prcv act l iia( Dept )3l A d d 1dx ,7 planning count for review prior to its tiro or nrea.varravvr fret Liar:y board's lie arrYcnda ons 1; . . d.76a. Zoning And Plann�*sg s enactment, rather than a l vful`exer e City planrsing bo rd,i considering site rely fell witiviir Cent ?Vlunapa 1 of rnurvicipalit s-pdhce pock. depen- `plsn and parking playa i conist on witl Law requiring that all zoning,actions and. Town,zoning board of appy' alleged dent Wireless are Cprp.v.,Town bf buy_ aprrlreativrh for perrnis>ioz to cousswuct amendment.3 a ectng real OPP,,4 th Mure to.colxiply ltkr the tarto�y re= laird Planning Bd.,206Z,1.91 Mise 2d 168, house of worship,a not required to take 1 qui.ement that it refer to the county plan 738 N a "8t?9. Zoning Arid Planning acco rt of potential in appli nt's in fOl3 feet'from the hour of any village, tow7a, or exiMang or proposed ning.agenc!;or regonal planning council a. 13.8 inermbership, or gossilrasty that applicant al county or.state park or road,he referred, proposed adroit which world affect r al nr rst re a,ice e �rrsg heariny fadlilt, to the county plannirn board•for re w. �operty v��tl lra 6 fit of the l dar Site lslary a prraval riven planning bcrarcl'u measurement of for religiousparties, where beard was and theref€r b city defendants failure to of atr a jaeent town.was nota mare proee- not lead agency, only involved agency. Hafer Ordinance to count laminin board 1 500-foot distance m bo znda y of stag= planning dural irregularit t;but was �;actronulTbrke rtz y.Planning Pd.sof City of New �v a jurisdictional defect, rendering v defeat involving the validity of a le lative owned recreation area; nsed in proposed Rochelle(2Dept 9a 5)24 A.D 2d 7911,806 metrnent invalid;by ata ver'�t terms,ordi- ,set Zefnick v. mall (2 Dep- �)26� reg whether r eorporatrorn's p*oposed tree t��• .gid 1-13, leave to appeal denied. 6 nam affecteda change in the regulations Ali. d ¢Ili 11.Y. . tl_ 10& Zoning was subject tc revs by the coup y pian- N.Y,3d 713,816'IMY Id 749, 9 NX,2-d nuig board, was not irrational or ut • - arsplyin:g to al:f cal property the city,- d Pl inning ,1, 97 . Zanira And 1'lanrrnssirsg€ 3� and necessmily inelvrded real property sit City's alleged. fails to comply r..itix � sonalrle, where assrrer tort waw t�cen. from:a rbad s de truclt turnaround,-which while r�klgious institutlonas are not ex- need within fl feet of Lound areas. Gen Njunit: al Lau;req`rramen or re- � 1 e t Toru lona. n n Laws, ate.'and roadways. Arnrsabi v. City Council of w tire-c l est of the prop sed• uses, - p fe log" intrrucspal zoning`oarl ordinance to along an�', ng,.ne€arly straigkt-roadway bikity is required in evalua g.arpplicadon City of Yonkers(9 Dept= ts8) 4'7 A.I33d corn ty plsnrdeg agency befc-r6 enacting � . � � . for religious use t:rn a ii tion for an- 856,8.50 l�.Y. 6`gS. Zoning Anti Plan-' `_`the ordinance was not mere prWedUra trance. dor°_cl y to�e ice_ nes a area en- � p tr°atrce. voodlanrd Community As�'n v,. other use and every e�r°o to uccorr�no ire 133 i ' ty but. w jurisdiction:�l cetect Planning Bd cif �`owri pf handaken (3 date reli hors use,inust be Laude. Rich- T6wr. planning guard--sem no'r•eq•�d evolving validity of legislative act which Dept 2008)-62 A.])3d 991, 866 NN . inond v City of New Rochelle Bd of to autrrnit Parts and 3 of rry envy on was reviewable a declaratory 1udg-pd a eaN on dorm (� � 663Zoning And Planning l p g Dept, �.(s[S;v) 24 men Itnl assessment form CAF) to Chun action. Ernalex -onst. Realty Corp. v- AT).3d lig 809 NX.S.2d 11Q. Zoaing ater.rollectivin and vraa vsport°proposed. _ planning boa d'a pa*t of tut statement City ni Cie Give Dept i998) acv,, card Plate e-2S8 a for ;_County planning m 6. b corporation applying for d gaari lip- g of[the]Proposed _ 17, d fi,681 l ,Y. 9 r .T7e^lea proval ww not a special pert use" and Dote. natioiioi cites zoning board of board had in its posseaRiae the'-same rr_a- :ryJudgment 129 terial that tour planning hoard w a con- therefore ts��zr zorang board of-appeals 'appals granting-sev�l area variances to siderrnrg in mfg it de`rrnina on of .6. Required.materials (ZEA);rather titan-tom planningboard'- congregation seeking to construct sy�na � aignz Cana Batavia First-ex,tali Vii ow planning board,, referring to was requited l to desermine whetll `use�e . ogrre w r� ozal and t arbitrary and ` v, 'Poway of Batavia,(4 Dept. 6) 6r county plarsning agency a zma ifkt rW-- could be p- _ ' d as,a 'similar use"vua capricious, write synagogue `w perrriit- A I}.8d 840,811 N,Y. .3d X36.rearg xe st sup i icon star site plan,approva and a sler town ,oniing code; town zoning code. ted as,of-right in MeV Loring district. denied 28 A,Wd 127,813 lC .18-2d 69G, ape4 use permit it connection with its identified relevant special permit use as. Richmond v City of New Rochelle Bd. of leave to appeal decried 7 N. '.3d 709, 8 pia rs to'lauild a nvushroorn production aid ., '`water bottling and reWedusm'"and the- Ap,peals,tin Zoning ( Dept:-2005) 24 Y. d 7574, X66, lq.-E.2d 1178, rearg` 'proee: sing facility an a 48-acre =arceldo use proposed by;ebrporetion involtied the AaD,3d V, 80Y NY.S,2d 110, Zotring `. 74 pp- of 1e;-n of iVer� ad,2004 2 X. Sad 766, Ffai e v. h dwi 200 , i��vtisc.3d 0 , , aldaPlannik�g. ad3, Zoning And-Plan- a 7ld hI.Y.Sd .��� leave to gang denied 96 . 1.2d 745 'I`P,. Y. )d 131, i3d IN Y3.2d SW 313 N,l�?d �. Zoaia o �. . -od 7s� Zoning And-leitnr€ng 746 N--_;`_A�6. Zoning And Plann:ng I£ nag Atld Planning 574, Zoning And e -rSa.I 6, harks or recreation areas 193 t Planning 582.1: er State-owned fake w not a"recreationing : determination sof. alocal zoning I . J r dict on area''tcithlr mea ung of section of 'epc--al d- Report by plannagency- -in board ep tled to °Ea'd0fe'°ence, and TOWa Planning tied lacked j x-iLdlet on Municipal Law requiring referral of vers �rusoncr Th�� of Oyster 13a}, 1131974 � will he sustained-as long as.t has a ratoor--. to approve builders' pion and +-' ante request to county planing board e 11 l basis is not arbib-n— and eau ao.ous, spec dI wetland ige."n3it to b dera, -,vher, where the g�°zog�y is located ivit� 5411 i7� iY3.?�.e. a 9�> 6 � I�,�, 1 _ mesa and is suppo d by sulast tit evidence. board failed to refer such matters to tine feet of recreation.are=a, Sacandaga Park volumel affirnied as modified 254 A-D. Noeth Shore . .Pa, ma y. Afamin_na county mangy 9,672.X.I°S,2d 413. F= omnis s,on and county iv c A sen Inc. ming Rd of APF Dept 2005) 22 A.D.3d 759 3 1 Y 2d a.dministrative code required such refer- of Town if Northampton (3 Dent. 2442) 15. — 'dime of report, report -by a63.` Zoning And l�laraamg 64=, or,= rat, Eastport Alliance v. Lofare(2 DepL 296A.D.2d 13017,745 .Y.S 2 �, Zoo g.- Planning agency uag Aud Plana ing 6l0 'Zoning And 2004) 13 A_D.3d a2i; 7�r �, .� 346- € -And-Planning c-273.1; Zoning And Pmt- - agency Plamin- 74 Ly pl nag ward aniprtaperly delay d l l leave t) appeal da-mbscd Nmold 316; lag 53i }evievr cf rtelecomni taci tons petitioner's ;, Under a ming ordinance w]iCn author- S05 N-Y S.2d 546,839 ISI E,2d 900,In to 1 . Disapproval or tnraclil teation. _ P PP Pro- 1 s-interpretation o its rnqnurements iv appeal' dismissed 5 .Y.3d ,,. qi 5 licatian-for site lin approval for co the '&zonirm retsoanaareaadat`sprts posed telecommunications tions tower site.stets g be�,of appe�specii`- N Y ° d 7, 9 N, ,2d 901. nviroil-. Reck v. Gravelding( Dept'199$).-247 -.tloners submitted application; inducting �` �a�plzcatior of a,tertn�t the ordinance: r a m La+ 1.3, Zoning Aid Pia,ttizg r?D�2d 821, 669 Ni -2d 109, � vol- c�apnes of site plan, req ,d,by local J p �tae3zlar prosy governed by`�l:e t A uarse] leave to appeal denied-l g N.Y d tmnxng ordiaaance,irftmation provided lay board's- u eSs un eason- I, fi7r 14T,i. 2d 73, 699 14. .2d` e31E peh tsn °5vas-sufficient to sa sfv able on ons Il.aaaptotx Hill asllls, 20. Sufficiency ofevid sso Aloya v. Planniing d. of the Tovm of_'acurements,and even V it sv�reasonable Condominium l3d.of imagers v.Town,of Det mr=ation of town board of< ming tots ?o at{2 Dept.19967 D 2d 7rlfl, , for planning board delay consideration Aarml erst Zoning Rd.'of Apes r�Dep t- .-appeals denyirsg property ov�aier s appli of application until all board menu ps had 20d ,•13 A.D.3d 1079, 797 N°'1 A-9d 5r,--. tion for co dlt en sl t se pert,at operate 46 ?, 2d 37a,Fru %a volumes cave t a.adequate°fie to review appheatson,:ft lease to appeal dani6d,l6. D,3u 1181,792 a sandwich-shote at sub`ect l appeal ted 92 -Y' 613, 631 unreasonable for board to foal to address � g � � . , - � � location had P- ."2d 367. Zot ill Atli _lar ni�s a€a r tea_,tvs= not arbitrary and cape- N X, .2d T4,? l :124 227 atned 93 .Y.2d a3 ,o t ° 2d X70, tie N. 2d application prior pub is hearing, Inde n 1 e oaa, and Eve supported �y su"st�antial peatdent irele ane torp v, Town of Town Zoning Board of Appeals fZBA est sate,bolyd omits; onin�d th t pro€sesal. Maryland Pianring Rd.,`2002,191 Nl sc. d o-xceedec its power when it: a-adt6d would nota vclly impact traffic, pa lung, `I`o plannnsg bora d,in g�n�g menu- p 73 Y• � 329.. o g And Plan- amendraeat to ms`s :ging ordinance �I s asst€ coaditicns on adjacent dead=` facturer's anolleadOn for site plan aper - aaiza =1.39.5 made by locat.law as !n-valid, a> cense- sad residential street pinla pt foci the, al and a special use per-t in nnFe tioat s Quem y appT��d offroad In§ rC JCI 0lily means of vehicular c ers t<-p, -With i pia,s build taustnroo pro 1s 5. Standing to cllallcin,gc re affect-' facet ack in R-40,residential distr ei wfui It area os pr€�posed es Bbl�l nie r t, relyln duction: and proeesAng fare on a jidjoining landowners who we ,y I was neither perfnitted nor sp d;� ua' :r g 3 un.n OU716r s owrn e,,iderco a; well as e pares in town, did not sot con- ed land use deterrurtataon filet .v ` ? with dWt t,,mde* ordinarve as arnended spccitic, Part ftil 1ized concernis rained b trary to modifications recommended br subject to revriew under General aMdnict .l, � although towns attorney adv%cd Z A . Prea .rte dints and corn.•mor=saase cud _ oo[lrity planning,agency, where board fit- , Lawv and pining municipalities then [ l vha>e: late in ue t sdic- s means and omni f rrih-ah" ; th area o" a is d d €ars corporated the re =' Endatiwrl into its ae sa ly had same interestan regional d6nal defect in its enactment, lose tt posaa s5ed by rnseinbers of board. l� th resolution including land capir3g.prey:- review, that gneral p�1un%eigal I�a� .� never judicially or le ' later ly im lidated "spL saurm�;j itigate visual impact of the res- quuired, had st din to assert that-enacts � � rs � a � bore 2<t.P., Inc.Ir,c v Marr mm� �b lac Fm l g a mlvth v' own of Pia tekill t3 Dent,2do ) i10 ) D.3d 7 9, 34 . . .2 posed faetor-y, the submission of a water ;ng municipality Baled to comply with 13 A_a � 695,7= Y.& u 4 �oni� 9tri?'li ts.n cconserva on plan afro n odor mitigation ceditral reouirernents�of that Statute with And Pl�ng 3&7 Zoning g. g ` f�7 plan,and the inclusion of benchmarks tot' ri.;peel to adoption of adult stuuent.mous- Failure to join ins nq`nslble 21. -Moratoriums monitoring gro.MU's- Basha Kill Area rg,law and revised comprehensive zooluug ] party in a Assn v, Planning ltd• of Town of Marna- law, Village of hestrsut Ridge v.Town of Article 78 proceeding,i e.;_a lu a§gid Habit-- an aetmon hallong#ng �tv planning g g g ty ca-rnpa;y(LLC)intended to be fo fined board's mo torium on � katin (3 Dept°2447)4 A-DId 13109, 9. Sampo(2 Dept HW)4 0 Sri 74,841 � �. -mp plan Ie Y.S.2d 112. Zoning And Planning :. . . .2d 321. Zoning And Plan�g { l'1 develtipen�to�vrsa and-soperate 32 zmie applications, toy rather than s itlt,.ant. sentr gar' eat cera pl and eo ru c _ h�burden of detnc�rm atur that rro at 33'.6; aping. nd Planning e -1 571 center i esidential ane r rlurn sexes valid purpose and is of roof- r salts two =arni y g 116. 'Vold determinations 16. Review dwelling umit &triet :tea' it was con- Sonotble duration, Roanoke`unci& stru .,ed;was a tnior roes. _' of mor v. Ttse as o* t`or411aven Dept. Village's failure to provide county plan.- oun y planate cot issi6n vv not p �ar' and not p- ninn corn missioTn with all of the materials _ necessary party ter article gr6ceeding a jurisdictional defect 'that:tailed 0-day 20'05) 2 '�D°3d 9N3, 309 YB.td 95, which village needed to pass a racy zoning brought say contract vendee fear pmt of staawt6 o lcrnitations for seeking renew of Zcrizzg And I'lainrmir.g :solution, ncludiing the mall version and. real prop y, .which ,challenged tos�tt t a,det�r determination by city plkn�aing in s° Pro owner could riot r_ Fra P y ale fol art complete text of proposed new 7onfig law board's denial of sped use permit, al- �' son and zoning ionard•of appeals(ZBA)to time,in-its reply paperers challeng.3 to totem to rune area of village from comnierelial, though town board�required to,refer= althgranough al.0 permit and use va face, lal�g board's moratorium on ne,v pts- *.,residential, and the nd I' , sift vs.. -app n tion to'ton �on,and commission g dial not et east;_t one it-, 'ie on eland that it had not submitted rozn eat unpact stn as int,ttmr tl a reaaui- ra�tetided that per be,octopi„sin applied.fon sped use fee t and use. moratorium co count for viety site 30-day plod before villages acted a.�tl' boa* ,fi: •ariga super=majaniy,eo=�I lases . , va anl;e, where. petltipnem knew who -and recomme-lda or. aasd thus, amnt r :. adopted zoirpig la; , rendered zoning lash vested : override capon's decislon l eve foie applicants� fir fife .ming would bel remanded +--a Provide board op- and comprehensive a weir glans void, best slid anent,and tote's action was thus the changes, who .were the-ossa of the portun to respon d, Rmnoke.Sand Vii. Ls ealty Co,Inc,v.,Incorporated Vat- anal envy mod ie ble,iss ��ct.n PropartY, who wehe the=developers, and revel,Corp. V. Towns of Broolchaven (2 lage of Roslyn(2 dept. 2000)2.73 A. 'V proceeding; l eAdriver, A v,.To d who Was:their authorized represeht tivc°. Dept, 21706} 24 A.Wd 183, 249 Y, .2 pJ1�u 14S• .• •rA �•�v�+�r ��+._ Note 3 is ZoningAnd Planning IC;zI ; Zang nd Plafining 749 239-n. Referral of_certain pry e€l s bilivi ion pl 'to the cou t l ring agency ter,regional plain n oci l , report thereon,-final action Cross References- 05alplan it co-ardin—scion,see General-Municipal Lavv§ lil?= laps and reco endat.ons,see Geni ral�luriie'ipal Law . o�;ers of uncal en 14witl respectto eDmprehen vp studies and'reports,see genera; I unicip l Lav LqY Review and Journal Corinnentaries, t x nun c ps agreements:: The me o hosi sf hese r le. 1� t nac ,1"T Pace Ezviropmertal L.f ev,161(1999)k , Notes of Decisions ipecial factoexception3 Planning Bd.,2008, . . d-5a. Zoning—I -sI...PIamiiai , 37 ' verri€ling of aeitcf reeitdq- teases nvelvin "special facts` cep_ tionc to geu� e t lee ap ae o'� pli lmm"g, ba$d, by'WUng tion mut be judged upon Uhe law it yore the supermajori y- vot6 negded to _its at the time of zoning,board's do-@i- !Mere,` , mveverride the reeoffmndaton if county, liariticonte is'01 Ves planning authorities to:disapprove a Bnal.4 JL4,and therefore each matte must-be 8t bdivlsion application,ntisfied the Town determined acco dinb--to ita 4Ym unique Law's mandate to 'fie aladoa" on suchcumst nces.' owmey ti antes e•�opo applications in a Tamely manner. lloy v. meInt Coir.v.o of brn a.l Pl€s €i Planar g Bdof ToNvn of'_ tonY Pblnt, lea<, 3003, ise.3d 86i�IICY. ,2d. 19,99,93 IP. .2d$34;690 N.Y. ,9d 475,712 - oIIiTi �d "larn rtg 370 N.l 2-d 641. honing And` lin e X39.5 —Dilatory actions by town planning,board ` °:and Itr convil nts tasrou O.Out approval 3, Peciasl facts exception p oeeas`for deveopers siubdi an appli= . umula ve effect of�uticn and,inautio mon supported"spe&l tam exception'. b t planning-board and its advisors, ceding ltt developer's ?lrtl e 73--action whiff engaged in died ruble pate of sesn determination that,d=ue to baa d's` delay of pr6gres ion of developer's subdi- bbd-fa:t1: delays, it had vested right to vision tvppll tion, created substantial del continue under pr sr vetsio Ot Id i ion- ldv that demed developer a fair oprportn rg lay,:after aaneadzment to zoning lau= ty to at least attempt to ob hely Via; stn ar ed ren n ag t ropca d dd s tbpivis on approval and,'ffle its su divi- soon rn before Intal zoning laws-were l;etopm-ent from one to two acres f6r angle° amend d to up-zone area ncmpaiz�g- f 1�reg enees> tree eta t prec�gi Ing othenv e avoidable delays r.ere not proposed dev0dpinent ora one to toot - Ia ed, and tethers though'seem n to acres for single,`family reside . r- : be part of thorough and,rigora i w ,ranch • declaratign„tlat due tom;board£ i zzprespe delaying coon ,. eve r ola_ process, appeared urt n closkr scrutiny-tar' t ed vested rights,prior o. iendment, have urn nest ed Go defy W_thout justa proceed°,r, its subdivikbn application moble cqusea. T wney Barns'Develgp- -uz der provesions of le l-code'as it e*tOd recut Corli.v,Tdwn tif. o* vtall Planpia gg, 'before amendment; Downey F-ar Ile- Bd., 2008, �.�c d, ,,353 vdl pz erst Corp. v. - owru:of arncvall, 541 ZpAiIng nd? n* RECEIVED AUG 14 2019 GOGGINS & ASSOCIATES ATTORNEYS AT LAW Southold To-wn Clerk 13235 Main Road, P.O. Box 65 Mattituck, New York 11952 Phone(631)298-4818 William C.Goggins,Esq. August 14, 2019 Fax(631) 298-4214 gogginslaw@gmail.com Donald Mates,Esq. Southold Town Board Of Counsel 53095 Main Road Philip J.Branigan,Esq. Southold, New York 11971 Of Counsel Re: 2050 Depot Lane, Cutchogue, New York; SCTM 1000-102.00-02.00-005.000; North Fork Community Club, LLC n/k/a 2050 Depot Lane, LLC Dear Sir/Madam: Enclosed please find the following documents in connection with Zone Change application: 1. Four (4) sets of the completed application for a "Request for Amendment and/or Zone Change; 2. Fee in the amount of$500.00; 3. Four (4) sets of survey map; 4. Metes and Bounds Description; 5. Full Environmental Assessment Form; 6. Notices of Adjacent Property Owners; and 7. Project Description. If you have any questions or require additional information, please contact the undersigned. Thank you. Very truly yours, William C. Go gins WCG\ enclosures Neville, Elizabeth From: Neville, Elizabeth Sent: Wednesday, August 14, 2019 4:35 PM To: 'gogginslaw@gmail com' Subject: Fee for Change of Zone Bill, The fee for a change of zone (including AHD) is now$1,000.00 Please bring another check with tomorrow. 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.631765-1800,Ext.228 Fax 631 765-6145 Cell 631466-6064 i c � ID Au0 � 5 2019 ®1d.'owe �l��� Town of Southold P.O.Box 1179 Southold, NY 11971 1 * * * RECEIPT * * * Date: 08/15/19 Receipt#: 259310 Quantity Transactions Reference Subtotal 1 Petition 102 -2-5 $1,000.00 Total Paid: $1,000.00 Notes: Payment Type Amount Paid By CK#1116 $500.00 William C. Goggins CK#3981 $500.00 William C. Goggins Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: N F, Country Club LLC 2050 Depot Ln Cutchogue, NY 11935 Clerk ID: SABRINA Internal ID. 102-2-5 PEI!%lim''m ill I'1 4-7 Vi i i! yY.w�LL��n 'GOGGIN P.O,BOX 65 ,.,MATnTtfCK NY 11952=Q065`" DATE PAYTO THE LORD s 17 I 4ki 74 ::- , ,CHASE'0 lPMt, an chaseliaik.N.A. 0,Woo i4ramm ioll"Umvp -,WfLLIAM-.0 G PO BOX 65 WATTITUCK NY 11952� . - MV 631.298-4818 DATE, '50,6661214 — PA' i no E 57 M,TliE DOLLARS', P A K TOR % 4-6. K p, ' lab 06 7 RECEIVED AUG 15 2019 Southold Town Clerk REQUEST FOR AMENDMENT AND/OR CHANGE OF ZONE APPLICATION NAME: Bushwood Manor (Name under which application shall be known) SUFFOLK COUNTY TAX MAP NO.: 1000 --L02_-_g_ Q 0-- _0_2_0_0_ _0_0__5_ - 0___0_0_ District 0_0__5_ • 0__._0_0— District Block Parcel A. SUBMISSION INFORMATION: Application is hereby made to the Southold Town Board for amendment to Chapter 280 {Zoning) of the Town Code and/or a change in the zoning classification of the Zoning Map in accordance with the Section 280 - 6 of the Zoning Law of the Town of Southold and Section 265, Town Law. Further, the following are submitted herewith (check those appropriate, write N/A where not applicable) V 1. Four (4) sets of the completed application form and petition. Each set shall contain one (1) complete set of cover letter forms, affidavits, project description, surveys, plans, and EAF and any supplemental information as maybe be needed or requested. 2. Fee in the amount of$1,000.00 ($500.00 for AHD). Applicant is also responsible for any fees incurred in the Environmental Review Process. 3. Survey map, accurately drawn to appropriate scale, showing the proposed zone district boundary changes, property lines, the calculated areas affected, in acres or square feet, the Suffolk County Tax Map designations, the street rights-of-way in the immediate vicinity and lands, land uses and names of owners immediately adjacent to and extending within five hundred (500) feet of all boundaries of the-property to be amended. 4. Metes and bounds description of the proposed amendment. 10/1/2008 1 ✓ 5. Appropriate Environmental Assessment Form (EAF). All Unlisted and Type I Actions require either a Short or Full EAF to be prepared. See Chapter 130 of Town Code and Part 617 NYCRR(SEQR), or check with the Town Attorney and/or / the Planning Department. ✓ 6. Other information deemed necessary for review by the Town Board,the Town Planning Board and/or the Suffolk County Planning Commission (i.e. site plans, subdivision maps). Please note items submitted: Survey Siteplan B. GENERAL INFORMATION: 1. Name Of Alicant(s): North Fork Community Club, LLC Address: 1335 Main Road, Mattituck, New York 11952 Telephone No. 631-298-4818 If the applicant does not own the property, is a contract vendee, or if the owner is a Corporation or a Partnership, prepare endorsement at the end of this form establishing owner's authorization of the applicant's request. 2. If the applicant is contract vendee, give name. If the applicant is a corporation (or partnership), give the name and title of the responsible officer: Name: William C. Goggins Title: Member Address:(if different) Telephone No.: 631-298-4818 3. Landowner(s): Same as applicant Title: Address: Telephone No.: 4. Name of licensed architect, landscape architect, civil engineer and/or surveyor who prepared the plan: Name: Title: Name of Firm: Address: Telephone No.: 5. Name of Attorney, or Agent authorized to represent the property owner and/or applicant: Name: William C. Goggins Title: Name of Firm: Goggins & Associates Address: 13235 Main Road, P.O. Box 65, Mattituck, New York 11952 Telephone No.: 631-298-4818 10/1/2008 2 6. All communications with regard to this application shall be addressed to the following person until further notice: Name: William C. Goggins Title: Address: 13235 Main Road, P.O. Box 65, Mattituck, New York 11952 Telephone No.: 631-298-4818 email: gogginslaw@gmail.com C. SITE/PROJECT DATA: 1. Location of Property east sidemo=xof Depot La (north/south/east/west) (street) Lane feet 2000' north or road) (north/south/east/west) of Main Road and Depot Lane Cutchogue (nearest intersecting street) (hamlet) 2. Existing zoning district(s) R-80 Special Overlay District(s), if applicable 3. Requested zoning district(s) AHD 4. Lot area: 90,804 sq. ft or acres 2.08 5. a. The latest deed(s) describing this parcel(s) is (are) recorded in the County Clerk's Office as follows: DATE LIBER PAGE 8-25-17 12932 570 b. A copy of the(se) should be attached to the application. 6. There are no encumbrances or liens against this land other than mortgages? X YES NO 7. All buildings and structures are shown on the survey? X YES NO (The Town Board reserves the right to request a complete survey showing all existing structures.) 8. Existing: Building Area 3,900 sq. ft. Lot coverage 20% 9. Please attach a detailed typewritten description of the project, the proposed use and operation thereof, including a detailed explanation of the design concept, the reason for the particular design, objective of the developer or project sponsor and how or why the project is (or is not) in compliance with the Town Code and the Master Plan. Explain what benefits will accrue to the community by the proposed rezoning. Document reasons 10/1/2008 3 why proposed project can not be built under current zoning regulations and pursuant to the current zoning map. D. AGENCY COORDINATION AND SEQRA (See Part 617,NYCRR and Chapter 130 of Town Code) 1. Does the site Front on a Town, County of State Road? (circle one) Name and number of the roadfi.e._County Road 48, State Road 25) Town Road; Depot Lane, 2. Is the site within any other areas of review of the Suffolk County Planning Commission? YES V NO. If yes, the referral requirements of the Suffolk County Planning Commission should be examined to assure a complete application. 3. Is the site in a designated critical environmental area as per the New York State Environmental Quality Review Act (SEQRA) and Chapter 130 of the Town Code? X YES NO. If yes, what area? 4. Type I, Type II or Unlisted Action (circle one) An environmental Assessment form must be completed for Unlisted and Type I actions. 5. Has an Environmental Assessment Form or Draft Environmental Impact Statement been prepared? X YES NO. If yes, copies should be submitted with the application. E. I hereby depose and certify that all of the above statements of information, and all statements And information contained in the supporting documents and drawings attached hereto are true and correct. " /V$� APPLICANT'S SIGNATURE Sworn before me this /7 20 19r\Ialaw\ OTARY PUBLIC DONNA M.PALMER NOWY Public,State of New York NP, 0I PA5069978,Suffolk Count POMMi©aion Expires December 9, D 10/1/2008 4 F. OWNER'S ENDORSEMENT (To be signed if applicant is not the owner or if the owner is a corporation or partnership) State of New York County of Suffolk William C. Goggins being duly sworn, deposes and says that he/she resides at 1780 Jackson Street, New Suffolk in the County of Suffolk and the State of New York and that he/she is (the owner or the officer of the corporation or partnership which is the owner in fee (circle)) of the premises described in the foregoing application and that he/she has authorized a member of the company and am authorized to make the foregoing application for amendment and/or change of zone as described here in. WILLIAM C. GOGGINS NAME SIGNATURE If a corporation, name of corporation and A/ Officer's title Sworn before me this Day ftW, 2019 /Fljufm OTARYPUBL DON A M. PALFAER liNotary Public,State Of New York No. 01 PA5069978, Suffolk Count Commission Expires December 9, 10/1/2008 5 G. DISCLOSURE AFFIDAVIT State of New York County of Suffolk WILLIAM C. GOGGINS being by me duly sworn, deposes and says: 1. I am an applicant for a projector an owner of the land which is the subject of a pending application before the Southold Town Board for amendment and/or change of zone. 2. The project name is: Bushwood Manor 3. 1 reside at 1780 Jackson Street, New Suffolk, New York 4. The Officers of the applicant corporation or owner corporation are as follows: NAME TITLE William C. Goggins David J. Jannuzzi 5. I make and complete this affidavit under the penalty of perjury and swear to the truth herein. 6. 1 am aware that this affidavit is required by General Municipal Law 809 and that I shall be guilty of a misdemeanor as provided by General Municipal Law 809 should I knowingly or intentionally fail to make all disclosures herein. 7. During the 12 months before the filing of this application, have any of the following individuals made campaign contributions exceeding $100 in total, in cash or in kind, to members of the Town Board or political committees designated to accept donations behalf: Yes No 1. Owner X 2. Applicant X 3. Agent for owner or applicant X 4. Attorney X 5. Other X 10/1/2008 6 If the answer to Question 7 is yes, Town Code Chapter 26 require that the information be provided below: Name Title (Owner, Agent, Attorney, other) Amount For the purpose of this disclosure, an official or employee or either the Town of Southold or the County of Suffolk, shall be deemed to have an interest in the applicant and or owner when that official or employee, their spouse, brothers, sisters, parents, children, grand children or the spouse of any of them: a. Is the applicant or owner b. Is an officer, director, partner, or employee of the applicant or owner c. Legally or beneficially owns or controls stock of a corporate applicant or owner, or is a member of a partnership or association applicant or owner, or d. Is a party to an agreement with the applicant or owner, express or implied, whereby said official or employee may receive any payment or other benefit— whether or not for services rendered, dependent or contingent upon the favorable approval of such application. Ownership of less than five percent of the stock of a corporation whose stock is listed on the New York Stock or American Stock Exchanges shall not constitute an interest for the purposes of this disclosure YOU MUST ANSWER THE FOLLOWING QUESTION YES OR NO Do any of the following individuals have an interest in the applicant or owner, as defined above? YES x NO 1. Any official New York State YES _X_NO 2. Any official or employee of Southold Town or Suffolk County? YES x NO If the answer above is yes, to any of the questions, General Municipal Law Section 809 requires that you disclose the name and residence and the nature and extent of the Interest of said individual (s) in the applicant or owner. NAME RESIDENCE NATURE OF INTEREST N/A 10/1/2008 7 SIGNATURE Sworn before me this q of �, 20 19 NOTARY PUBLIC DONNA M.PALMER Notary Public,State of New York Pio,01 PA5069978,Suffolk County 06MM,itsion Expires December 9, 10/1/2008 8 9* suR,Ecr Y A. / � O w KEY MAP 4A� �a�.0 -Qq CUTCHOGUE, N.Y. / � ® �i �♦�ti� � k kSbo �o� n O t / { / ♦ ct0, A, LAND N/F OF / s� NORTH FORT CLWMUNRY IMGAMMAAVZACOCY CLUB LLC 1 1 �F 710N (� r 9f,05T_98 SOFT. „Val. 2.09 ACRES / 1 ak V t / 0vr, 10 ., a 11/ / d- � ALI YU 8A_SQD( U SINGLE FAMILY RESIDENCE /A. 1 / \ \ 00, LAND NIF OF 1000-102-2-8.2 \ / SNGLE FAMILY RESIDENCE / \ \ R-80 \ � I \ , _ } .3 LAND NA OF \ .JJ MLO BOUNDARY / KRISTM RUSSO / SMCLE FAMILY RESIDENCE R-80 \ / WO BOUNQARY THE WATER SUPPLY, WELLZ DRYWELLS AND CESSPOOL / LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS / AND OR DATA OBTAINED FROM OTHERS ELEVATION DA IUM: NAVD88 \ / UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A WOLA77ON OF SECTION 7209 OF THE NEW YORK STATE EDUCA77ON LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN \` ONLY TO THE PERSON FOR WHOM THE SURVEY 1S PREPARED AND ON HIS BEHALF TO THE 7171E COMPANY, GOVERNMENTAL AGENCY AND LENDING INS77TU77ON / L1S7ED HEREON, AND 70 THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM 7HE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS \\ / AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE 7IME OF SURVEY SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: NORTH FORK COMMUNITY CLUB LLC; MAP OF: FILED: �. SITUATED AT: CUTCHOGUE Town OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design r ++ P.O. Box 153 Aquebogue, New York 11931 FILE # 19-56 SCALE: 1"=100' DATE: JULY 1, 2019 PHONE (631)298-1588 FAX (631) 298-1588 N.Y.S. USC. NO. 050882 maintaiatn6 the records of Robert J. Hennessy It xenneth M. Tloychuk SURVEY OF FROPERTY 51TUATE: GUTGHOCGUE TOWN OF 5OUTHOLD SUFFOLK COUNTY, NY SURVEYED 08-15-2011 UPDATE 12-05-2011 SUFFOLK GOUNZY TAX MAP 1000 - 102 -2 -5 , CIERTHUM TO: NORTH FORD COMMUNfl71aY CLUB,LLC. OLD RIEPMLI[C TME]NSURANCIECONFANY �4 nq noW NOTES% T Lo Or,for ■ MONUMENT FOUND of Faso y of. 3 HEDGE '0 So�thn aN 4yr� gra AREA = 80,804 SF OR 2.08 AGRE5 Q) �Y / Co o� / �6• o� /� a//4m Q a v cL''p1 0� Q / Q)* 4 �`�Q�Q�c m" c� a a�0io ger n r / eposa / nN(�irllri nllnrnl ton n n Ilr.naN Innir• e�l� •,v lnl,�nnnr n•[l,m Neu,wl,tnle�faucet lnnvin� tlniv r m Ilse n Iwnnl v Ilnnn nal n .lann v v:ynr nlamnnn aenl unn]1 un ronwnvr a to un n t cool, In an I'll CY nn11lrrN tEI'I.'rl�I�ra r^1nv'rM1r^v'^Inn inn. nn' nr^Fn 11�'In`r nnll r rn anonn::inn.,.:nidi en° ,;,u (mac.rn.m I.n�wn own m nonl,n.,m ron nm,n 60202 <AND S GRAPHIC SCALE I"= 50' JOHN C. S LAND SURVEYOR 6 EAST MAIN STREET N.Y.S.LIC.NO.50202 RNERMAD,N.Y.11901 369-8288 Fax 369-8287 fiL-FCIli MGT; �J�iO�7` 2050 Depot Lane, LLC SCTM No. 1000-102.00-02.00-005.000 PROJECT DESCRIPTION A. OBJECTIVE OF THE OWNER The application is to convert an existing two (2) acre parcel from an R-80 residential zone to an Affordable Housing District. This change of zone will provide up to sixteen (16) affordable housing rental units at the property. B. COMPLIANCE WITH TOWN CODE and MASTER PLAN The change will be in harmony with the Town Code, and the purpose of the Affordable Housing (AHD) District in providing the opportunity for the development of high-density housing for families of moderate income; and further, to do so with sensitivity to the historic and aesthetic character of the Town's existing neighborhoods. The change furthers the Town's goals of providing duality workforce housing. P . n Old Republic Title Insurance Company Title Number: HTA-4569-S Page R SCHEDULE A DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a point on the Easterly side of Depot Road where the Southwesterly corner of land now or formerly of Halecki and the Northwesterly corner of the premises hereinafter described intersects same, said point being distant 50 feet Southerly from the intersection of the Southerly line of land now or formerly of Kruczewski with the Easterly side of Depot Lane, said point also,being about 2200 feet, more or less, North of Main Road as measured along the Easterly side of Depot Lane; RUNNING THENCE from said point of beginning along land now or-formerly of Halecki, North 45 degrees 47 minutes 50 seconds East 453.52 feet to land now or formerly of Zeneski; RUNNING THENCE along said land, South 39 degrees 44 minutes 00 seconds East 200 feet to land now or formerly of Bialecki; RUNNING THENCE along said land, South 45 degrees 51 minutes 30 seconds West 458.75 feet to the Easterly side of Depot Lane; RUNNING THENCE along the Easterly side of Depot Lane, North 38 degrees 13 minutes 30 seconds West 200 feet to the point or place of BEGINNING. 1