HomeMy WebLinkAbout11155 Route 25, Mattituck 1000-142.-2-22 LAW OFFICES
WICKHAM,BRESSLER& GEASA,P.C.
13015 MAIN ROAD, P.O.BOX 1424
MATTITUCK,LONG ISLAND
ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02)
ABIGAIL A.WICKHAM 631-298-8353
JANET GEASA TELEFAX NO.631-298-8565
awickham@wbglawyers.com
February 11, 2021
Attn: Ms. Linda Rudder
Deputy Town Clerk
53095 Main Road
P.O. Box 1179
Southold,New York 11971
Re: 11155 Main Road,LLC; Center Cuts' Waiver of Moratorium
Public Hearing on 12/15/2020
Dear Ms. Rudder:
Enclosed is the certified green slip,, it came in after the public hearing. Please include the
certified green slip in your file.
Very truly yours,
(
Abigail A. Wickham
AAW.jm
Enc
RE/MacarilMainR0adDel JEdlMoralorium
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Southold Town Board - Letter Board Meeting of December 15, 2020
RESOLUTION 2020-832 Item# 5.34
ADOPTED DOC ID: 16643
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2020-832 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 15, 2020:
WHEREAS the Town Board of the Town of Southold has been presented an application for the
property located at 11155 Route 25, Mattituck,NY for a waiver of the Temporary Moratorium
on the issuance of approvals and/or permits for the parcels_of property-in-"The.State Route 25
Love Lane Intersection and surrounding area"; and
WHEREAS the Town Board found that for the above action there is no other involved agency;
that for the above action the Town Board is the Lead Agency; that this action is classified a
SEQRA Type II Action not subject to further review; all pursuant to SEQRA Rules and
Regulations 6 NYCCR 617.1 et. seq. and Chapter 130 of the Southold Town Code; and
WHEREAS a public hearing was held on December 15, 2020, all public commentary was heard
and the public hearing was then closed; now therefor be it
RESOLVED that the Town Board of the Town of Southold hereby grants the application of
Abigail A. Wickham, as agent for 11155 Main Road, LLC., property location is 11155 Route 25,
Mattituck,NY, (SCTM # 1000-142-2-22), for a waiver of the "A Local Law in relation to the six
(6)month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for
the parcels of property in "The State Route 25 Love Lane Intersection and surrounding area"
with regard to the Building Department Notice of Disapproval, dated November 13, 2020 for an
Application for a Building Permit to install ADA accessible concrete ramp on the subject
property..
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert Ghosio, Councilman
SECONDER:Jill Doherty, Councilwoman
AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell
Generated December 17, 2020 Page 50
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex `
� � � ��„� P.O. Box 1179
54375 State Route 25 � � � ti, Southold, NY 11971
(cor.Main Rd. &Youngs Ave.) ”"ww
Southold, NY Telephone: 631765-1938
y www.southoldtownny.gov
M
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Scott Russell, Town Supervisor
Members of the Town Board
Elizabeth A.Neville, Town Clerk
From: Donald J. Wilcenski, Chairman V4�
Members of the Planning Board �
Date: December 14, 2020
Re: Request for Moratorium Waiver"A Local Law in relation to the six(6)month Extension
of a Temporary Moratorium on the issuance of approvals and/or permits for the parcels of
property in"The State Route 25 Love Lane Intersection and surrounding area".
Property Owner: 11155 Main Rd LLC
The Planning Board has reviewed this request for a waiver from the moratorium and
recommends approving the waiver. This recommendation is based on the fact that the property is
already developed with a building that will remain, and the proposed addition to the footprint is
simply an ADA ramp.
Please contact the Planning Department with any questions.
SOUTHOLD TOWN BOARD
TOWN OF SOUTHOLD:NEW YORK
--------------------
X
In the Matter of the Application for
waiver/variance for Mattituck Moratorium
11155 Main Road LLC AFFIDAVIT OF
SERVICE BY MAIL
Parcel ID #1000-142-2-22
RECEIVED
--------------------
X
0 EC 1 4 2020
STATE OF NEW YORK)
Southold Town Clerk
) ss..
COUNTY OF SUFFOLK)
Jennifer Menjivar, being duly sworn, deposes and says:
On the 71h day of December, 2020, 1 personally mailed at the United States Post Office in
Mattituck,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true
copy of the attached Notice to Adjacent Property Owners in prepaid envelopes addressed
to current owners shown on the current assessment roll verified from the official records
on file with the Southold Town Assessors Office, for every property which abuts and is
across a public or private street, or vehicular right-of-way of record, surrounding the
applicant's property, as follows:
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2. Bethany Cemetery Association SCTM# 142.-1-25.1
Attn: J. Stanley Parkin, 1700 Park Ave., Mattituck,NY 11952
3. Ms. Joan Sawicki SCTM# 142.-2-21
1900 Deep Hole Drive, Mattituck,NY 11952
4. BNB Bank SCT" 143.-3-4.2
j 2200 Montauk Highway, Bridgehampton,NY11932
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RECEIVED
TOWN BOARD DEC 1 4 2020
TOWN OF SOUTHOLD:NEW YORK
------------------------------------------------------------X
In the Matter of the Application for waiver/variance Southold Town Clerk
for Mattituck Moratorium
11155 Main Road, LLC AFFIDAVIT OF
POSTING
Parcel I.D. No. 1000-142-2-22
------------------------------------------------------------X
STATE OF NEW YORK)
) ss..
COUNTY OF SUFFOLK)
I, Edward Macari, residing at 36230 Main Road, P.O. Box 740, Cutchogue,N.Y.
11935, being duly sworn, depose and say that:
On the 7th day of December, 2020, 1 personally placed the Town's official
Posters, with the date of hearing and nature of the application noted thereon, securely
upon the property, located ten(10) feet or closer from the streets on which the property
fronts, State Route 25 Main Road and Legion Ave, facing the streets, and
I hereby confirm that the Poster has remained in place for seven dys prior to the
date of the subject hearing date, which hearing date was shown to be De6ember 15, 2020.
V//
Edward Macari
Sworn to before me this
J day of Decemb r , 2020.
Notary Public
RE/Macart/MainRdDeliEd/Moratorium/AFFPOSTING
Cheryl Simons
Notary Public,State Of New York
No. 31-4970341
Qualified In Suffolk County
Commission Expires February 4,20
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex P.O. Box 1179
54375 State Route 25 ., ��p�^Mti, �" �:, Southold,
NY 11971
(cor.Main Rd. &Youngs Ave.)
Southold,NY Telephone: 631765-1938
www.southoldtowiinV.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Scott Russell, Town Supervisor
Members of the Town Board
Elizabeth A.Neville, Town Clerk
From: Donald J. Wilcenski, Chairman Q
Members of the Planning Board `
Date: December 14, 2020
Re: Request for Moratorium Waiver"A Local Law in relation to the six(6)month Extension
of a Temporary Moratorium on the issuance of approvals and/or permits for the parcels of
property in"The State Route 25 Love Lane Intersection and surrounding area".
Property Owner: 11155 Main Rd LLC
The Planning Board has reviewed this request for a waiver from the moratorium and
recommends approving the waiver. This recommendation is based on the fact that the property is
already developed with a building that will remain, and the proposed addition to the footprint is
simply an ADA ramp.
Please contact the Planning Department with any questions.
#0002524510
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 12/10/2020
0
O�OC
&2wh—'—
Principal Clerk
Sworn to before me this 0 day of
13ARBARA H. TANDY
Notary N�bIo�TA60 6001 State of NewYork
Qualified in Suffolk
ffol0lCount�a
Commission Exp'
TYPESET Fn Dec 04 14.49:53 EST 2020
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the
Town Board of the Town of Southold will
hold a public hearing at 4:30 p.m. on De-
cember 15, 2020, at Southold Town Hall,
53095 Main Road, Southold, New York
11971,concerning the application of Abigail
A.Wickham as agent for 11155 Main Road
LLC,property location is 11155 Route 25,
Mattituck,N Y,(SCTM#1000-142-2-22),for
a waiver of the"A Local Law in relation to the
six(6)month Extension of a Temporary Mor-
atorium on the issuance of approvals and/or
permits for the parcels of property in"The
State Route 25 Love Lane Intersection and
surrounding area," and the Town Clerk is
hereby directed to refer the application to the
Planning Board for comment.
Dated December 1,2020
BY THE ORDER OF THE
SOUTHOLD TOWN BOARD
Elizabeth A Neville
Southold Town Clerk
2524510
Rudder, Lynda
From: Reisenberg, Lloyd
Sent: Friday, December 4, 2020 2:34 PM
To: Rudder, Lynda
Subject: RE: 11155 Main Road LLC waiver REVISED
I revised it.
Lloyd H. Relsenberg
Network and Systems Administrator
Town of Southold, New York
www.southoldtownny.gov
lloydr@southoldtownny.gov
0: 631-765-1891 1 M:631-879-1554 I F: 631-765-5178
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged
information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is
prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the
intended recipient, please contact the sender and destroy all copies of the communication
From: Rudder, Lynda
Sent: Friday, December 04, 20201:43 PM
To: legals@timesreview.com; Lisa Finn (lisaahfinn@gmail.com)<lisaahfinn@gmail.com>; Michaelis,Jessica
<jessicam@southoldtownny.gov>; Reisenberg, Lloyd <Lioyd.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>; Mirabelli, Melissa<melissam@southoldtownny.gov>
Cc: 'Abigail Wickham' <awickham@wbglawyers.com>
Subject: 11155 Main Road LLC waiver REVISED
Importance: High
Please use the attached corrected public notice instead of the one that was just sent, thank you
Lynda_
TR - Legals <legals@timesreview.com>
�senty Friday, December 4, 2020 2:51 PM
To: Rudder, Lynda; Lisa Finn (lisaahfinn@gmail.com); Michaelis,Jessica; Reisenberg, Lloyd;
Southold Local (den ise@southoldIocal.com); Dinizio,James; Doherty,Jill; Doroski,
Bonnie; Ghosio, Bob; Louisa Evans; Nappa, Sarah; Neville, Elizabeth; Noncarrow, Denis;
Norklun, Stacey; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle; Burke,John;
Duffy, Bill; Hagan, Damon; Mirabelli, Melissa
Cc: 'Abigail Wickham'
Subject: Re: 11155 Main Road LLC waiver REVISED
Attachments: Ad_Image_Preview.pdf[14].pdf;Ad_Order_Form.pdf[63].pdf
Hello,
This notice has been scheduled,the attached documents serve as your confirmation, invoice and proof. Please review for
accuracy.
Payment is due upon receipt.
Affidavits are processed and mailed out a week after the final publication date of the notice.
Thank you.
Sincerely,
Greg Messinger
rTuM ` .
MEDIA GROUP
Greg Messinger
Sales Production Assistant
631.354.8013(d irect)
gmessinger@timesreview.com
www.timesreview.com
From: Rudder, Lynda <lynda.rudder@town.southold.ny.us>
Date: Friday, December 4, 2020 at 1:43 PM
To:TR - Legals <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
1
<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@so"utholdtownny.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>, Mirabelli, Melissa <melissam@southoldtownny.gov>
Cc: 'Abigail Wickham' <awickham@wbglawyers.com>
Subject: 11155 Main Road LLC waiver REVISED
Please use the attached corrected public notice instead of the one that was just sent,thank you
2
41, ~�
ELIZABETH A.NEVILLE,MMC "' 'G Town Hall, 53095 Main Road
TOWN CLERK ` P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS � w� �� Fax(631)765-6145
MARRIAGE OFFICER Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
. w
FREEDOM OF INFORMATION OFFICER �� T r
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
December 4, 2020
Re: Resolution Number 2020-789—Request for
Moratorium Wavier "A Local Law in relation to
the six (6) month Extension of a Temporary
Moratorium on the issuance of approvals and/or
permits for the parcels of property in"The State
Route 25 Love Lane Intersection and
surrounding area"
11155 Main Road, LLC
Donald Wilcenski, Chairman
Southold Town Planning Board
54375 State Route 25
P O Box 1179
Southold,New York 11971
Dear Mr. Wilcenski,
The Southold Town Board at their regular meeting held on December 1, 2020 adopted the
resolution referenced above. A certified copy is enclosed.
Please prepare an official report defining the Planning Department's recommendations with
regard to this request of a Moratorium wavier and forward it to me at a suitable time in order to
allow sufficient time for the Town Board to review it before the public hearing. The date and
time for this public hearing is 4:30 P.M., Tuesday, December 15, 2020. Please do not hesitate to
contact me, if you have any questions. Thank you.
Very truly your
LynAa .M Rudder
Southold Deputy Town Clerk
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
LYNDA M RUDDER, Deputy Town Clerk of the Town of Southold,New York being
duly sworn, says that on the 3rd day of December , 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.
PH 12/15 4:30 pm—Waiver of Moratorium— 11155 Main Road, LLC
ynda M Rudder
Southold Deputy Town Clerk
Sworn before me this
3rd day of December , 2020.
Notary blic
BONNIE] DO?OSKI
Notafy I'obftc,State Of New York
No 01006095328, Suffolk County
Term Expires July 7,20 01
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold will hold a public
hearing at 4:30 p.m. on December 15, 2020, at Southold Town Hall, 53095 Main Road,
Southold,New York 11971, concerning the application of Abigail A. Wickham as agent for
11155 Main Road LLC, property location is 11155 Route 25, Mattituck,N Y, (SCTM# 1000-
142-2-22), for a waiver of the "A Local Law in relation to the six (6) month Extension of a
Temporary Moratorium on the issuance of approvals and/or permits for the parcels of property in
"The State Route 25 Love Lane Intersection and surrounding area," and the Town Clerk is
hereby directed to refer the application to the Planning Board for comment.
Dated: December 1, 2020 BY THE ORDER OF THE
SOUTHOLD TOWN BOARD
Elizabeth A. Neville
Southold Town Clerk
PLEASE PUBLISH IN THE DECEMBER 10, 2020 EDITION OF THE SUFFOLK TIMES
AND PROVIDE ONE (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN
CLERK'S OFFICE, PO BOX 1179, SOUTHOLD,NY 11971.
Southold Town Board - Letter Board Meeting of December 1, 2020
p'Pip "� RESOLUTION 2020-789 Item# 5.24
ADOPTED DOC ID: 16602
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2020-789 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 1,2020:
BE IT RESOLVED that the Town Board of the Town of Southold will hold a public hearing at
4:30 p.m. on December 15, 2020, at Southold Town Hall, 53095 Main Road, Southold,New
York 11971, concerning the application of Abigail A. Wickham as agent for 11155 Main Road
LLC, property location is 11155 Route 25, Mattituck,N Y, (SCTM# 1000-142-2-22), for a
waiver of the "A Local Law in relation to the six (6) month Extension of a Temporary
Moratorium on the issuance of approvals and/or permits for the parcels of property in"The State
Route 25 Love Lane Intersection and surrounding area," and the Town Clerk is hereby directed
to refer the application to the Planning Board for comment.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: James Dinizio Jr, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell
Generated December 2, 2020 Page 31
LAW OFFICES
WICKHAM,BRESSLER&GEASA,P.C.
13015 MAIN ROAD, P.O.BOX 1424
MATTITUCK,LONG ISLAND
ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02)
ABIGAIL A.WICKHAM
JANET GEASA 631-298-8353
TELEFAX NO.631-298-8565
wwblaw@aol.com
November 23,2020
Via Email: scott.i-Lissell@town.soutliold,IV.Lis
e i le
l @L
[own.so ithold.11VAIS
Hon. Scott Russell, Supervisor
Members of the Town Board
Town of Southold Building Department
P.O. Box 1179
Southold,New York 11971
Re: Variance Request under Local Law#4-2020 - (Mattituck Moratorium)
11155 Route 25, Mattituck,NY
SCTM#1000-142-2-22
Dear Supervisor Russell and Town Board Members:
We write on behalf of Center Cuts,Inc.,the tenant at the above premises,to request
a variance from LL#4/2020, or a reversal of the Building Department's determination,
which shockingly precludes issuance of a building permit for interior renovations to this
food service building solely because of Federally required installation of a handicap
r pursuant to the Americans with Disabilities Act("ADN').
Center Cuts, Inc.*applied for a pen-nit to make interior renovations to an existing deli.
Some of you may remember this location as "Augie's Deli",more recently Bremer's
Market. the Building Dept. issued a Notice of Disapproval stating"No permits my be
issued while the current moratorium is in effect." A copy is enclosed, issued to the
architect for Center Cuts,Inc., Robert Peterson (Wemlkab was the former owner).
After discussions with the Building Department and the Town Attorney, Mr. Duffy
advised that"I agree that a permit for interior renovations can issue."by email to me
dated Nov. 18,2020. This was based on our understanding that there were no exterior
additions to the building, and the exclusion language of the LL:
"EXCLUSIONS: This Local Law shall not apply:
1)to any person or entity who/which has,prior to the effective date of this Local
Law,obtained all permits required for construction of a building on any property
located in the State Route 25 Love Lane Intersection and Surrounding Area including
later applications to repair or alter, but not enlarge, any such building otherwise
prohibited during the period of this temporary moratorium." (Emphasis supplied)
However,Mr. Verity thereafter advised me that because the front entrance must now
have a handicap ramp meeting current ADA standards,that this, and this alone, is
construction work which takes the application out of the exclusion provision of the LL
and precludes issuance of a permit. This results in the shameful circumstance that an
otherwise permitted renovation is prohibited by reason of mandatory compliance with
accessibility requirements under the ADA which do not even consititute a building
expansion. Further, it results in a variance procedure which is delaying the applicant's
project by at least a month.
We therefore request that you overrule the Notice of Disapproval, or in the
alternative, grant a,variance from the Local Law, on the grounds that:
1. The reason for the disapproval,that no permits may be issued during the
moratorium, is incorrect. Rather, a permit may be issued if the application falls within
the exclusion, and this application is for interior renovations.
2. The denial of a permit of an otherwise permissible renovation should not occur
because of a de minimus addition of a handicap ramp required by federal statute for
accessibility. This renders the Local Law to be clearly discriminatory against those
with disabilities if so construed.
3. The addition of a handicap ramp is not an"enlargement" of a.building. It is
comparable to a walkway or sidewalk, adapted to permit access by disabled customers.
4. The use of the building is not being changed or intensified, and no exterior addition
to the building is,proposed.
5. This delay imposes a hardship on a business designated as an essential service
business;under Covid-19 parameters.
Given the circumstances,we urgently request that you schedule this matter for your
December 1, 2020 meeting and set an expedited hearing date of Decemberl5, 2020.
Thank you for your consideration.
Ve t~aly oqs,
Abigail A. Wickham
a;Villiain I Ld"l ,Esq.,Town Attorney
11155 Main load,LL
Center Cuts,Inc.
Robert Peterson, A.I.A.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
DATE: November 17,2020
TO: Robert Peterson(WEMLKAB LLC)
71 West Main Street
Oyster Bay,NY 11771
Please take notice that your application dated October 30 2020:
For permit to:. on ct alditiras arad alterati'orts to an Bila r� rPl at:
Location of property: 11155 Route 25,MattituckNY,
County Tax Map No. 1000—Section 142 Block 2 Lot 22
Is returned herewith and disapproved on the.following grounds:
No perinits can be issued while the current moratorium 1*-,in eft"ect Local Law#4 of 2020 .
_� ....Anthcrr� _....tac�__M .
Cc:File,Town Board
July 14, 2020
Hon. Elizabeth A. Neville
Town Clerk,Town of Southold
53095 Main Road
Southold, NY 11791
Dear Ms. Neville:
We are principals of Mattituck 12500 LLC, the owner of a parcel of property located at
the corner of New Suffolk Avenue and Main Road in Mattituck, and taxpayer of the Town of
Southold. We are informed that a public hearing will be held on Tuesday,July 14, 2020 at
1:00pm. regarding renewing a moratorium preventing the issuing of building permits.
However, I must point out that there is an inconsistency between the resolution calling the
public hearing, and the Town Board agenda. The resolution states that at the hearing "all
interested persons will be given an opportunity to be heard." However,the meeting agenda
states: -
PURSUANT TO EXECUTIVE ORDER 202.1 OF NEW YORK
GOVERNOR ANDREW CUOMO IN-PERSON ACCESS BY THE PUBLIC
WILL NOT BE PERMITTED. A RECORDING OF THE MEETING WILL
AIR ON CHANNEL 22 AND WILL BE POSTED ON THE TOWN'S
WEBSITE.
Unlike other jurisdictions which gives an opportunity for members of the public to
participate via an electronic platform, the Town of Southold does not give any guidance as to
how members of the public may have an "opportunity to be heard," so we are submitting this
correspondence and request that it be read into and become part of the record.
The resolution calling this public hearing states:
A six (6) month moratorium was enacted by the Town Board of the
Town of Southold as Local Law 1-2019, on August 27, 2019. The
current moratorium expired in March 2020.A public hearing on an
extension of this moratorium was scheduled in March, 2020, but
was not held due to Town closures following Covid-19 pandemic.
This is not entirely true. The moratorium was first enacted on February 26. 2019, not
August 27, 2019, a full six (6) months earlier. This local law claims this to be a "temporary
moratorium." However, if the Town Board enacts this local law,this "temporary moratorium"
will now be in effect for nearly two (2)years. This Is no longer "temporary," but has now
become an indefinite obstacle to one seeking a lawful use of one's property.
This moratorium has now been going on for seventeen (17) months, and the Town is
seeking another six (6) month extension. In Resolution 2019-214 which first enacted the
moratorium, it stated that "the Town Board has commissioned a traffic study in the area to
identify the issues that need to be addressed and propose solutions and improvements to the
infrastructure."
A traffic study only takes a few weeks to design and collect results. We are under the
assumption that this had to be done some time ago,for there is no legitimate reason why it has
not been performed. At this point, it is incumbent for the Town to provide to the public the
following information;
Who conducted the traffic study?
How much money was expended on the study?
When was the data collected?
On what dates and times was trip generation data collected?
When were field observations conducted?
What are the results of the trip generation and field observations?
What conclusions were developed from the study?
Were any issues identified that need to be addressed?
Were any solutions and improvements to the infrastructure proposed?
What mitigation measures are being explored?
If no traffic study has yet been performed,then it is very clear that there is no legitimacy
to this "temporary moratorium," and it has been designed to thwart one owner from
developing its property.
The resolution on today's calendar also states "[d]uring the course of the moratorium
the Town has met with the New York State Department of Transportation officials to determine
which of the various proposed improvements to the infrastructure the State would deem
acceptable and willing to implement or allow the Town to implement."
What are the "various proposed improvements to the infrastructure?
What are the possible costs?
How many meetings have been held with the New York State Department of
Transportation?
Are concrete proposals being considered solely be Region 10 of the DOT, or have
they been forwarded to central administration in Albany?
This moratorium cannot be extended until these questions have been answered.
Regardless of any animus the Town may have against us, the Town has a duty to the residents
of Southold to be upfront and transparent as to where things stand. Government only works
for its citizens when it is open and transparent, and not to hide in the darkness by utilizing
delaying tactics and refusing to open its doors, either in actuality or virtually to the public.
Sincerely, j1-2
/HaZnkBrinkmann Ben Brinkmann
SOUTHOLD TOWN BOARD
PUBLIC HEARING
July 14, 2020
1:00 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilwoman Jill Doherty
Councilman Bob Ghosio, Jr.
Councilwoman Sarah Nappa
Absent: Councilman James Dinizio, Jr.
Town Clerk Elizabeth Neville
Town Attorney William Duffy
This hearing was opened at 1:42 PM
COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that there has been presented to
the Town Board of the Town of Southold, Suffolk County,New York, on the 16th day of June,
2020, a Local Law entitled, "A Local Law in relation to the Restoration and six (6) month
Extension of a Temporary Moratorium on the issuance of approvals and/or permits for the
parcels of property in "The State Route 25 Love Lane Intersection and surrounding area"
and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will
hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road,
Southold,New York, on the 14th day of July 2020 at 1:OOPM. at which time all interested
persons will be given an opportunity to be heard, and be it further
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to send the following proposed Local Law to the Suffolk County Planning
Department and the Southold Town Planning Board for their recommendations and review.
The proposed Local Law entitled, "A Local Law-in relation to the Restoration and six (6)
month Extension of a Temporary Moratorium on the issuance of approvals and/or permits
for the parcels of property in "The State Route 25 Love Lane Intersection and surrounding
area" reads as follows:
LOCAL LAW NO. 2020
A Local Law entitled, "A Local Law in relation to the Restoration and six(6) month
Extension of a Temporary Moratorium on the issuance of approvals and/or permits for the
Extension of Temporary Moratorium Public Hearing
July 14, 2020 page 2
parcels of property in "The State Route 25 Love Lane Intersection and surrounding area"
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
Section 1. Purpose
Moratorium Extension
The Town Board recognizes that in the area of the intersection of State Route 25 (a/k/a
"Main Road") and Love Lane there is insufficient infrastructure to handle the drastic increase in
traffic in recent years and to allow for the safe passage of pedestrians to safely cross Main Road
at the Love Lane intersection as well as at other intersections immediately to the East and West
of the aforementioned intersection. This lack of infrastructure puts the health, safety and welfare
of the public at risk. The residents of the hamlet of Mattituck and the surrounding areas have
voiced their concerns regarding the risk to the health, safety and welfare of the community and
the need for improvements to the infrastructure at the intersection of Main Road and Love Lane.
Similarly, local business owners have identified the traffic issues along Route 25 and Love Lane
as having a negative effect on local businesses.
A six (6) month moratorium was enacted by the Town Board of the Town of Southold
as Local Law 1-2019, on August 27, 2019. The current moratorium expired in March 2020. A
public hearing on an extension of this moratorium was scheduled in March, 2020, but was not
held due to Town closures following Covid-19 pandemic.
The moratorium as enacted, is intended to provide sufficient time for the Town to
consider the recommendations of ongoing traffic studies, a parking study in the Love Lane area
and the completion of the Town Comprehensive Plan.
During the course of the moratorium the Town has met with New York State Department
of Transportation officials to determine which of the various proposed improvements to the
infrastructure the State would deem acceptable and willing to implement or allow the Town to
implement. This analysis remains ongoing. In addition,the draft Town Comprehensive Plan has
been completed and is now open for public comment. The final adoption of the plan is
anticipated to occur by fall 2020.
The Town Board wishes to be able to consider the proposals and recommendations
contained in the various aforementioned plans; consider various alternatives to current zoning
along Main Road; as well as implement improvements to the infrastructure and adopt any
recommended land,use changes, to insure the health, safety and welfare of the community to
address the recent drastic increased demands on the infrastructure in the area around the Main
Road/Love Lane Intersection and surrounding area. An extension of the moratorium is necessary
to complete this function.
Given the reasons and facts set forth above and until the planning process is completed,
the Town Board finds it necessary to extend the moratorium already in effect, the terms of which
remain unchanged and are set forth below. This action is necessary in order to protect the
character, public health, safety and welfare of the residents of the hamlet of Mattituck as well as
those visiting the Love Lane area.
Extension of Temporary Moratorium Public Hearing
July 14, 2020 page 3
Section 2. ENACTMENT OF A TEMPORARY MORATORIUM
Until six (6) months from the effective date of this Local Law, after which this Local
Law shall lapse and be without further force and effect and subject to any other Local Law
adopted by the Town Board during the six (6)month period, no agency, board, board officer or
employee of the Town of Southold including but not limited to, the Town Board, the Zoning
Board of Appeals, the Trustees, the Planning Board, or the Building Inspector(s) issuing any
building permit pursuant to any provision of the Southold Town Code, shall issue, cause to be
issued or allow to be issued any approval, special exception, variance, site plan,building permit,
subdivision, or permit for any of the property situated along State Route 25, bounded on the
West by intersection of State Route 25 and Bay Avenue and bounded on the East by the
intersection of State Route 25 and Pike Street.
Section 3. DEFINITION OF "THE STATE ROUTE 25 LOVE INTERSECTION AND
SURROUNDING AREA"
The State Route 25 and Love Lane intersection and surrounding area is hereby defined as
the area bounded by the following public roads: All properties along State Route 25 in the
hamlet of Mattituck, bounded by the intersection of State Route 25 and Bay Ave on the West and
State Route 25 and Pike Street on the East.
Section 4. EXCLUSIONS
This Local Law shall not apply:
1) to any person or entity who/which has, prior to the effective date of this Local
Law, obtained all permits required for construction of a building on any
property located in the State Route 25 Love Lane Intersection and Surrounding
Area including later applications to repair or alter, but not enlarge, any such
building otherwise prohibited during the period of this temporary moratorium.
2) To any permit or application regarding a single family dwelling unit to be used
solely for residential purposes.
3) To any application by a municipal corporation or special district or fire district.
Section 5. AUTHORITY TO SUPERSEDE
To the extent and degree any provisions of this Local Law are construed as inconsistent
with the provisions of Town Law sections 264, 265, 265-a, 267, 267-a, 267-b, 274-a, 274-b, and
276, this Local Law is intended pursuant to Municipal Home Rule Law sections 10(1)(ii)(d)(3)
and section 22 to supersede any said inconsistent authority.
Section 6. VARIANCE TO THIS MORATORIUM
Any person or entity suffering unnecessary hardship as that term is used and construed in
Town Law section 267-b (2)(b), by reason of the enactment and continuance of this moratorium
may apply to the Town Board for a variance excepting the person's or entity's premises or a
Extension of Temporary Moratorium Public Hearing
July 14, 2020 page 4
portion thereof from the temporary moratorium and allowing issuance of a permit all in
accordance with the provisions of this Southold Town Code applicable to such use or
construction.
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid,the judgment shall not impair or invalidate the
remainder of this Local Law.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State.
I do have a memorandum here from the Planning Board office, from the chairman of the Planning
Board, Donald Wilcenski. 'Thank you for the opportunity to provide comments on the above
referenced local law. The Planning Board supports the extension of the moratorium." I also do
have a copy of this hearing being advertised in the Suffolk Times, it was also posted on the Town
Clerk's bulletin board and the town website.
SUPERVISOR RUSSELL: Does the moderator have anyone that would like to comment on this
particular public hearing?
ANNE SMITH: Anne Smith, President of the Mattituck/Laurel Civic Association. Thank you
and thank you for helping us get on line and speaking to you in person sort of. I am the current
President of the Mattituck/Laurel Civic Association, so I am here representing our Board and
members. As a civic, we continue to monitor development in the area under consideration for the
continued moratorium. Our unique surroundings on the North Fork require diligence and attention
to maintaining developing community character in the best interest of and safety and well-being
for our community members and our visitors. We agree as a civic and have suggested the kind of
in-depth study currently on your way. The proposals put forward by the Mattituck/Laurel Civic
Association suggest a walkable hamlet with various (inaudible) that would anchor the hamlet of
Mattituck and reflect the scale of development that is in keeping with the recommendations found
in the soon to be adopted comprehensive plan. Traffic and safety remain a priority of significant
concern and this only seems to be getting worse over the last year. Mattituck/Laurel Civic has
recommended the following in the past (inaudible) and is part of the overwhelmingly passed
resolution by our members to pursue past recommendations for open space. We stated then and
continue to state until vehicular and pedestrian hazards are resolved on Main Road between Bay
Avenue and Wickham Avenue, nothing should be done in the heart of Mattituck that increases
density or worsens traffic. Traffic on the Main Road between Bay Avenue and Wickham Avenue
is dangerous. It is fast moving, heavy volume and poorly managed. This all continues to be true
and now is more true than really has been, we need to rethink the concept of the community and
how we safely interact and come together in our hamlets across the town. Mattituck/Laurel Civic
Association agrees infrastructure must be examined with experts and local input before any
Extension of Temporary Moratorium Public Hearing
July 14, 2020 page 5
applications are considered. We fully support the continuation of the moratorium as stated in your
proposal. Continuation will give the town and the community the time we need and we look
forward to working with the town, other local civics and a broad range of local community
members to carefully implement the spirit of your comprehensive plan. Again,thank you, it's nice
to be at a meeting again and I hope everything continues to go well for you at a town level. We
are here to help.
COUNCILWOMAN DOHERTY: Thank you.
SUPERVISOR RUSSELL: Thank you.
MS. SMITH: You're welcome.
SUPERVISOR RUSSELL: Would anybody else like to comment on this particular public
hearing?
MODERATOR: I do not see anymore raised hands.
COUNCILMAN GHOSIO: I make a motion we close the hearing.
COUNCILWOMAN NAPPA: I do have a letter that was asked to be read.
COUNCILMAN GHOSIO: I wasn't given a letter.
COUNCILWOMAN NAPPA: Betty forwarded it to us.
JUSTICE EVANS: It was in our email.
TOWN ATTORNEY DUFFY: It is part of the public hearing, I don't think it has to be read, it is
part of the public record.
SUPERVISOR RUSSELL: Requested by the attorney, we don't have an obligation to read it.
COUNCILWOMAN DOHERTY: I don't have it in front of me.
SUPERVISOR RUSSELL: I just literally got it.
COUNCILWOMAN DOHERTY: I don't have it.
TOWN ATTORNEY DUFFY: It's part of the hearing already.
COUNCILWOMAN NAPPA: I think we should read it.
JUSTICE EVANS: I think we should summarize it at least. Basically it's a letter from the
Extension of Temporary Moratorium Public Hearing
July 14, 2020 page 6
Brinkmann's.
SUPERVISOR RUSSELL: Other Board members haven't even gotten it. I literally got it right
before the, this meeting. So it was just received today, I am going to just quickly read it. It says
"Dear Ms. Neville, We are the principals of Mattituck 125000 LLC, the owner of the parcel of
land located on the corner of Main Road and New Suffolk Avenue in Mattituck and we are
taxpayers in Southold Town. We are informed that a public hearing will be held on Tuesday, July
14th at 1:00 PM regarding renewing a moratorium preventing the issuance of building permits.
However, I must point out that there is an inconsistency between the resolution calling for the
public hearing and the Town Board agenda. The resolution states that at the hearing all interested
people would be given an opportunity to be heard. However, the meeting agenda states "Pursuant
to Executive Order 202.1 of New York Governor Cuomo in-person access of the public will not
be permitted. A recording of the meeting will air on channel 22 and will be posted on the town's
website." Unlike other jurisdictions which gives an opportunity for members of the public to
participate via electronic platform, Southold does not give any guidance as to how members of the
public have an opportunity to be heard. So we are submitting this correspondence and asking that
it be read into and become part of the record. The resolution calling for the public hearing states
six month moratorium was enacted by the Town Board of the Town of Southold on August 22,
2019. The current moratorium expired in March 2020, a public hearing on the extension of the
moratorium was scheduled in March of 2020 but not held due to the town's closure following the
COVID 19 pandemic. This is not entirely true, the moratorium was first enacted February 26,
2019 not August 22, 2019 a full six months earlier. The local law claims this to be a temporary
moratorium however, if the Town Board enact this local law this temporary moratorium will now
be in effect for more than two years. It is no longer temporary but now has become an indefinite
obstacle to one seeking the lawful use of one's property. The moratorium has been going on for
17 months and the town is seeking another six month extension. In resolution 2019-214 which
enacted the moratorium,it stated that the Town Board has commissioned a traffic study in the area
to identify the issues that need to be addressed, and proposed solutions and improvements to the
infrastructure. A traffic study only takes a few weeks to design and collect results. We were under
the assumption that this had to be done some time ago for there is no legitimate reason why it has
not been performed. At this point it is incumbent on the town to provide the public the following
information: who conducted the traffic study, how much money was expended on the study, what
was the data collected, on what dates and times was trip generation data collected,when were field
observations conducted, what are the results of the trip generation and field observations, what
conclusions were developed from the study, were any issues identified that need to be addressed,
were any solutions and improvements to the infrastructure proposed and what mitigation measures
are being explored? If no traffic study has yet been performed,then it is very clear that there is no
legitimacy to this temporary moratorium, and it has been designed to thwart one owner from
developing its property. The resolution on today's calendar also states 'during the course of the
moratorium the town has met with the NYS Department of Transportation officials to determine
which of the various proposed improvements to the infrastructure the state would deem acceptable
and willing to implement or allow the town to implement.' What are the various proposed
improvements to the infrastructure, what are the possible costs, how many meetings have been
held with the NYS Department of Transportation, are concrete proposals being considered solely
Extension of Temporary Moratorium Public Hearing
July 14, 2020 page 7
by region 10 of the DOT or have they been forwarded to central administration in Albany? This
moratorium cannot be extended until these questions have been answered. Regardless of any
animus the town may have against us,the town has a duty to the residents of Southold to be upfront
and transparent as to where things stand. Government only works for its citizens when it is open
and transparent and not to hide in the darkness by utilizing delaying tactics and refusing to open
its doors, either in actuality or virtually to the public. Sincerely, Hank Brinkmann and Ben
Brinkmann.'
COUNCILWOMAN NAPPA: Do we have any answers to those questions about the traffic study?
SUPERVISOR RUSSELL: No, we don't.
COUNCILWOMAN NAPPA: Is the traffic study still open? Was it concluded?
COUNCILWOMAN DOHERTY: The last time we spoke to Michael they were getting close to
it but the COVID had stopped it, they had closed their office, they needed more time.
SUPERVISOR RUSSELL: The applicant identified questions that he said we need to answer and
from my understanding, that's not(inaudible), that's an opinion and I appreciate it but the study is
moving forward and we are in public hearing, so if anybody else has any comments, are there any
comments from the Board?
TOWN ATTORNEY DUFFY: Inaudible. I do have the official meeting notice that does have the
specific directions on how to join, I can share that.
COUNCILWOMAN DOHERTY: Yes, I have it right here, that's why I asked....
SUPERVISOR RUSSELL: The original notice did....
TOWN ATTORNEY DUFFY: The official notification, there's instructions on how to join the
meeting via zoom or to call in. The only defect is in the printed agenda but all the official notices
did give proper instructions on how to (inaudible).
SUPERVISOR RUSSELL: Are there any other hands raised? (No hands were raised) Are there
any other comments from the Town Board? (No response). Motion to close the hearing?
This hearing was closed at 1:52 PM
Elizabeth A.Neville
Southold Town Clerk