HomeMy WebLinkAboutTB-07/18/1985-S408
'SOUTHOLD TOWN BOARD
SPECIAL MEETING
JULY I8, 1985-
WORK SESSION - 2:00 P.M.
Present: Deputy Supervisor Frank A. Kujawski;. Jr.~ Councilman Joseph L.
Townsend, Jr., Councilman Paul Stoutenburgh,. Councilman James A. Schondebare,
Councilwoman Jean W. Cochran, Town. Clerk-Judith T.. Terry.,. Town Attorney
Robert W. Tasker. Absent: Supervisor Francis J..'Murphy, Justice Raymond W.
Edwards. Also present: Greenport Village Trustee David Kapell, Southold Town
Planning Board member Richard G. 'Ward, Executive Administrator. Victor G. Lessard.
As a result of an .informal .'.'.meeting with' members of the Greenport Village
Board on July 16th, members of the Southold Town Board requested Town Attorney
Tasker to prepare a proposed Local Law to provide, for a Moratorium in certain'zo'ning
use district (B Light Business Distric['. B-1 General Business District, C Light
Industrial District. and C-1 General Industrial Disl~rict}. The Board reviewed the
· provisions of this proposed Local Law and debated the necessity for same. Council-
man Townsend was enthusiastically in favor of the'proposed i~aw, as was Councilman
Stoutenburgh. CouncilWoman Cochran, as the debate progress, agreed to the measure,
but Councilman Schondebare. remained opposed, citing the fact that certain areas in
the Town had been zoned Under the aforementioned districts for approximately 30
years, and would prefer to wait '~until'i the updated Master Plan is approved before
making any changes, but at the conclusion of the debate 'agreed to vote in favor
of requesting the Town and County Planning Boards for their recommendation.
Planning Board member Ward. opposed the measure., citing the fact that this would
precipitate positive moves by certain developers of those dis[ricts. Executive Admin-'
istrator Lessard also expressed his concerns for such a proposal. Throughout the
debate Trustee Kapeil urged the Board to take a stand, in particularly to protect
the business district within the Incorporated Village of Greenport.
SPECIAL MEETING
4:00 P.M.
A Special Meeting of the Southold Town Board was called to order-at 4:00 P,M.,
Thursday, July 18, 1985 at the Southold Town Hall, Main'Road, Southold, New York,
by Deputy Supervisor Frank A. Kujawski, Jr.
Present: Deputy Supervisor Frank A. Kujawski, Jr.
Councilman Joseph L. Townsend, Jr.
Councilman Paul St.outenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Absent: Supervisor Francis J. Murphy
Justice Raymond W. Edwards
(A Waiver of Notice of Town Board Meeting, dated July -16, 1985, was signed by all
members of the Southold Town Board.)
DEPUTY SUPERVISOR KUJAWSKI: I hereby call to order this Special Meeting of
the Southold Town Board and I'd like to open the floor to any business to be
conducted.
"JULY 18, 1985 Special Meeting 409
Moved by Councilman Townsend, seconded by. Councilman Schondebare,
WHEREAS, a proposed Local Law entitled, "A Local Law to provide for a Moratorium
in certain zoning use Districts," has been presented to the Town Board of the Town
of Southold, now, therefore, be'it
RESOLVED that the Town Clerk of the Town of Southold be and she hereby is directed
to transmit said proposed Local Law to the Southold Town Planning Board and Suffolk
County Department of Planning, all in accordance with the Code of the Town of Southold
and the Suffolk County Charter. Said proposed Local Law reads as follows:
LOCAL LAW NO. 1985
A Local Law to provide for a Moratorium
in certain'zoning use Districts
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
.Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended
by ddin9 ............. ....... ._ v,, ..... .~ .~. ......
ARTICLE XVI ' '.
MORATORIUM -'
Section 100 - 160 Findings and Purpos~
(1.} In November of 1982, the Town Board authorized the Southold'Town
Planning Board. to retain'the services of ~aymond, Parrish, Pine &
Weiner, planning consultants for the purpose of conducting such
studies and making such recommendations as such consultants deemed
appropriate to uP-date the exisiing comprehensive plan of the Town,
including the Town's present zoning code and zoning map.
(2,)' In'May of 1985, said'consultants presented to the Planning Board and
the Town Board a report of their study, together with recommended
planning maps, a zoning map, and a ~ft of recommend~ revisions to
~he Town'~ p~ent zoning code.
(3.) That since the presentation of the consultants' report.and recommendations,
the Town Board, the Planning B~rd, and the Board of Appeals have
indiVidually'and collectively-been reviewing such report and recommendation~
(4.) That upon the completion of such review, the Town Board will conduct
informal pu~li~'meetings in'the variods' hamlets of the town t0 afford
~he pu~Hc an opportunity ~o expres~ i~ Views and make' recommendations
with respect t0 such report and recommendations.
(5.) That at the conclusion of such hamlet meetings,the Town Board will
further review the proposed amendments to the Town's zoning code and
zoning map, giving consideration to all comments and recommendations
presented at such meetings, and will then propose a Local ~aw to implement
the said'master plan study, incorporating such revisions therein as it
deems appropriate. The Town Board will then refer the same to the Town
Planning Board and the Suffolk'County Planning Commission for their
review and recommendations, as required by law, and thereafter hold
a public hearing thereon, as required by law, on the question of the
enactment of such Local ~w to implement~ ~ whole or ~n part, the
recommendations proposed by the Master Plan Study conduct~ by
consultants.
JULY 18, 1985 Special Meeting
(6.) That the Town Board finds that many of the zoning code and zoning map
amendments recommended ~ ~ ~ ~utiarr~ a~ inr.~r~sLstenl
with the present zoning map and zoning code with respect to uses in
the B Light Business Districts; the B-1 General Business Districts; the
C Light'Industrial' Districts; and the C-1 General Indust~-ial Districts, "'
in that many of the presently permitted uses wil'l not be' permitted if
the recommendations of the plannin9 consultants are to be implemented. ~
(7.) That the Town Board furthey-finds that to permit the issuance of buildint~?
permits; to permit the change of any present use; to approve any site
plan; or to' otherwise authorize or approve any new construction or new
uses in'any of the use Districts s~t£forth in Section 100-160(6) hereof,
except as otherwise provided in section 100-163 hereof, until such time
as the Town Board has 'had a reasonable period of time to enact appropriate
legislation to implement, in 'whole or in part, the recommendations of
'the said planning consultants, would'result in a race of diligence of land
owners to'apply for and obtain permiis ~nd/or other approvals'for the
construction of buildings and other improvements or the approval of
uses in such Distri~:[s which may be at variance with the use regulations
recommended in the master plan study. That to permit the issuance of
such permits and/or approvals, or the approval of site plans in such
use Dis1~ricts during the time' required by the Town Board to enact
appropriate legislation to implement such 'recommendations would
frustrate ~nd defeat the intent and purpose of the up-date and revision
of the Town's ~:omprehensive plan for the orderly development of the
town and seriously'impair 'the effectiveness thereof.
(8) It is therefor .the intent and purpose of this Article to impose a moratorium
on the issuance of building permits; the approval of site plans; or the
authorization and/or approval of any new construction and/or new uses
on any land located in those areas specified in section 100-162 hereof.
Section 100-161 Moratorium Imposed
Notwithstanding the provisions of this chapter, or any other law, rule or
regulation, during the period that this Article shall be in effect, no officer o~
employee. ~of the Town of Southold shall accept an application for, or take any
action on any application for a bUilding permit, or-accept an application for, or
take any action on any application for site plan approval, or otherwise authorize
and/or approve of new construction and/or any.change in use of any land or
premises, located in those areas specifi~d in sectio~ 100-162 hereof, unless the
same is authorized by the ~ow~ B~ard~ ' ' ~" ~ '~ ~ ''~: '
pt~'SUaT~t tO-~ pf~visions of Section 100-
163 of this Article.
JULY 18,
1985 Special Meeting
4II
Section 100-162 Areas Affected.
The provisions of this Article shall apply to all land and premises located
within the boundaries of the following ~'oning use Districts, as-the same are Shown
and designated on the present'zoning map of the Town of Southold; to wit:
(a) B Light Business Districts
(b) B-1 General Business Districts
(c) C Light Industrial Districts
(d) C-I General Industrial' Districts --
Section 100-163 Waiver of Provisions of this Article
Notwithstanding any of the provisions of this Article, the Town Board is
authorized to waive, in whole 'or in part, any of the provisions of this Article; as
it applies to a particular lot, piede or parcel of land affected by this Article, upon
a written application of the owner filed with the Iown clerk. If the Town Board,
upon consideration of all relevant facts and circumstances, determines that the
· waiver requested will'n01~ authorize or permit 'the use of land or premises for any
use that is inconsistent with or in conflict with the provisions of the proposed
legislation to implement the Master Plan up-date, it may grant a waiver of the
provisions of this Article as it may apply to'such land. In making such determination,
the Town Board may impose such reasonable conditions as itdeems necessary or
appropriate to observe the spirit and intent of this 'Article.
Section 100-164 Duration
The provisions of this Article 'shall be in full force and effect for a period
of six (6) months after its effective date.
Section 100-165 Prior Approvals
Nothing contained in this Article 'shall be deemed to abrogate or annul any
prior approval granted and in effect on the effective date of this Article;
Section 100-165 Effective Date
This Local Law shall take effect upon its filing with the Secretay of State.
Vote of the Town Board: Ayes: Councilwoman Cochran, COuncilman Schondebare,
Councilman Stoutenburgh, Councilman Townsend. ,
This resolution was declared duly ADOPTED.
Moved by Councilwoman Cochran, seconded by. Councilman Stoutenburgh, it 'was
RESOLVED that the Town Board of the Town of Southold hereby declares itself lead
agency in regard to the State Environmental Quality Review Act in the matter of-the
~.roposed Local Law entitled, "A Local Law to.provide for a Moratorium in, certain
.zonin9 use Districts."
Vote of the Town B~:ard: Ayes: Coun~ilwoma~' C0ch~'an, Councilman Schondebare,,
Councilman' Stoutenourgh, Councilman Townsend.
This resolution was declared .duly ADOPTED.
DEPUTY SUPERVISOR KUJAWSKI: While:.' the Town Board is in session, could ! have
the Town Board's blessing to contact Miss Ann Anderson from the DEC? She needs
something the Town to authorize' the legality of inviting the school districts to participate
in the STOP day thing. This occurred to me last week as I was removing chemicals
from the high school that shbuld not be in:the use of Students any longer. All I need
is the Town Board.saying this is a good idea and then she'll check Out whether or not
it's legal.
JULY 18~ 1985 Special Meeting
COUNClI2~IAN STOUTENB'URGH: What it's going to do is it"s going to add, probably,
some cost to this thing, because I -imagine you have a lot of odd. chemicals and you
cannot mix chemicals or toxic material's, you have to have special drums for them.
DEPUTY SUPERVISOR KUJAWSKI: It could add a couple hundred dollars she said;
In Southold Town there would' be three school districts that would be concerned:
Greenport, Southold and Mattituck that have high school labs.
COUNCILMAN SCHONDEBARE: They want to get rid of theirs too.
COUNCILWOMAN COCHRAN; Yes, as a part of our day.
DEPUTY SUPERVISOR KUJAWSKi'~ We'd like to make it open to the school districts
as well as to the general public~
COUNCILMAN SCHONDEBARE: Why does that cost us money though?
DEPUTY SUPERVISOR KUJAWSKI: Because you may have some things in the lab---
COUNCILMAN STOUTENBURGH: Well, I talked about that and I said possibly the
school board could pick up a tab on that.
DEPUTY SUPERVISOR KUJAWSKI: But the point is she won't check into the legality
of including school districts into a STOP Program unless the Town Board says it's a
good idea and I'd be willing to write the letter if the Town Board agrees.
COUNCILMAN STOUTENBURGH: Why don't you write the letter and have it for us
at the next meeting and we'll decide then, or do we have to do it now?
DEPUTY SUPERVISOR KUJAWSKI: No, it's not a question of you passing a resolution.
The only thing is a sense of the Town Board. What I'm saying is 'this 'may be illegal.
COUNCILMAN SCHONDEBARE: Does the contractor that'we're going to contract with
know about this? Agree to accept this?
DEPUTY SUPERVISOR KUJAWSKI: That is'what she will'check into if you think it's
worth checking into. If you're not going to include the school districts and just iea,,f,~
it to the general public, she won't even check. She thinks it's a good idea.
COUNCILMAN SCHONDEBARE: So you thihk there might be an additional charge by
the contractor to us for haadling this type of material that they didn't anticipate?
DEPUTY SUPERVISOR KUJAWSKI: Right, but .she'll also check into that. I just
think that some of the school districts aren't even aware of the types of materials
they have. We happen to be because it was just coincidental that we started going
through and started removing- those things. ! think if the other school districts
had the opportunity to participate and do that, they would also and it would be
better for everyone in the Town. It's a Town service, really.
COUNCILMAN STOUTENBURGH~ What Frank is say, as chairman of the department
in Mattituck School, he'll contact the other schools if we go along with this to get---
DEPUTY SUPERVISOR KUJAWSKI: Well, first we have to find out if all of this is
legal through Ann Anderson. She said, would you please' make sure that you'~e
not acting on your and the Town Board is aware of this.
COUNCILMAN STOUTENBURGH: Do we all agree to let Ann Anderson check it out
for us and then you'll come back to us?
COUNCILMAN SCHONDEBARE: You'll be satisfied with a verbal rather than a resolution?
DEPUTY SUPERVISOR KUJAWSKi: Yes, I.d prefer it almost, because that way if it
, ,
comes back and it's going to be an extra, thousand dollars, I don t think that s righ
for the Town to assume that cost, in which case I'd rather see the school districts--.~:~
but if it comes in for a hundred or a hundred and fiftY dollars, or something, i'd
like to see the Town perform that service to the three school districts.
COUNCILMAN STOUTENBURGH: I would think so, particularly with kids handling
the materials. If it's a big item, they can do it 'themselves.
(Councilmen Townsend, Stoutenburgh, Schondebare and Cochran agreed to authorize
Deputy Supervisor Kujawski to contact Ann Anderson of the DEC to determine whether
school districts will be permitted to participate in the STOP day and if so the cost
for same.)
JULY 18, 1985 Special Meeting
Moved by Councilman Townsend, seC0~ded by, Councilman Stoutenburgh, it was
RESOLVED that this Special Town Board Meeting be and hereby is adjourned at
4:04 P.M.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Councilman Townsend.
This resolution was declared duly ADOPTED.
· Judith T. Terry ~/
Southold Town Clerk