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HomeMy WebLinkAboutResolution 2024-394 DEIVIS NONCARROW " Town Hall,53095 Main Road TOWN CLERK 'u 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 June 24, 2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Laws entitled: A Local Law to amend the Zoning Ma) of the Tow'n of Southold by Changing the ;l onin Mesa nation of a .781 ,(ere tercel l(r(w vwrz as SC°.l,M#1000-12.44. from General Business B to Marine I INI.I and A Local Law to Ina.0se an Interim or`r(!nr )wtrat-v Swjs aension on the lle�°ie�� A rora.(l an(I�or Issw�ance of all Permit$ for o� Relatin to Neww Dea°elw� n�ent of 1 cswtwMts hotels or b°Iotels A copy of these Local Laws are available on the Town Website: southoldtownny.gov or at the Town Clerks Office (631)765-1800. Dated: June 18, 2024 Please. vgt the dtllflicatv.....ol this 1 _tt(r and ret(1mmto me atµvoiir earliest conv nien . Thank vou,. .Q Denis Noncarrow Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals S° ufold Town�l wilding Department _ .. .. Date:.. Sc : d ._ .. t.are, Received By I !. I�! ,r ...... ...�.Z ..._.. Title: ... Q/�n l `..... f' I —Q r Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTOLD TOWN CLERK RESOLUTION 2024-564 ADOPTED DOC ID: 20371 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-564 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUT D TOWN BOARD ON JUNE 18, 2024: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 23rd day of April, 2024, a Local Law entitled, "A Local Law to Impose an Interim or Temporary Suspension on the Review,Approval and/or Issuance of all Permits for or Relating to New Development of Resorts, Hotels or Motels", and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law to Impose an Interim or Temporary Suspension on the Review, Approval and/or Issuance of all Permits for or Relating to New Development of Resorts, Hotels or Motels" reads as follows: LOCAL LAW NO. 13 of 2024 A Local Law entitled, "A Local Law to Impose an Interim or Temporary Suspension on the Review,Approval and/or Issuance of all Permits for or Relating to New Development of Resorts, Hotels or Motels". BE IT ENACTED by the Town Board of the Town of Southold, as follows: SECTION 1. TITLE. This local law shall be known as and may be cited as the "Interim Development Law for New Construction of Resorts, Hotels or Motels in the Town of Southold," SECTION 2. AUTHORITY. This local law is enacted pursuant to the Town of Southold's authority to enact local laws under the New York State Constitution,Article IX, and the Laws of the State of New York, including but not I imited to Section 10 of the Statue of Local Governments, granting towns the power to adopt, amend and repeal zoning regulations in the exercise of its functions, powers and duties. SECTION 3. PURPOSE: AND INTENT PURPOSE: MoratoriUrn 1-his local law is hereby enacted to preserve the status quo in the Town of Southold on a temporary basis while the Town conducts studies to review and consider amendments to those parts of the Town Of Southold"s zoning legislation and comprehensive plan pertaining to hotels, t� t� Resolution 2024-564 Board Meeting 01-June 18, 2024 motels and .resorts. Southold Town is in the midst of a complete being;zoning g update be performed C, under the charge of the Planning Department by ZoneCo, an independent zoning consultant. This action will include a thorough review of the zoning classifications most appropriate for such use; a review of the environmental constraints to such development; a cumulative analysis of the recent and significant hotel developments throughout the town; an evaluation of necessary conditions and restrictions for such use; an analysis of the potential hotel/rriotel/resort build-out under the code and its conformity with the underlying Southold Town Comprehensive Plan and an analysis of the permissible density of hotel/motel/resort rooms per acre, hamlet and area. For this purpose, the Town of Southold will gather information, make recommendations, and further review the Town's plan for new resorts, hotels or motels in the Town. This zoning update is intended to lead to a deliberative creation and adoption of necessary amendments to the Town's zoning legislation, comprehensive plan, and other applicable Town laws. INTENT. The Town Board finds and determines that the Town is under considerable pressure for the development of new resorts, hotels and motels. The Town is an attractive location for new resorts, hotels and motels, because of the variety of community attractions located within and close to the Town. Over the past several years the Town has had five new hotels proposed. One is currently under construction, one is at the beginning of the site plan process, and three are in the concept phase. There are two expansions at the beginning of the site plan process - one for an increase in the number of rooms, and one for an addition of a restaurant. The Town Board further finds and determines that unless reasonable interim measures are implemented, significant new resort, hotel and/or motel development is likely to occur., and that development may undermine the implementation of appropriate planning measures needed to protect the public interest and welfare and goals of the Town. It is the intent of the Town Board to protect public health, safety and general welfare by enacting this local law for a reasonable period. The Town is undertaking a comprehensive study to develop solutions and to implement necessary amendments to the land use and zoning regulations to accomplish such goals. It is the further intention of the Town Board to protect the public interest by preventing a race of diligence between property owners, developers and the Town which could prejudice the integrity and objectives of the proposed changes or result in a land use pattern that might be inconsistent with the intent of the recornmendations of the Town resulting from such study. The Town's existing procedures and laws should have the practical effect of ensuring that new development and redevelopment are in accordance with the Town's planning objectives. The practical reality, however, is that some of the land use regulations and procedures may not have this effect. The Town Board finds it necessary to impose a moratorium on accepting, processing and granting approvals or permits for new development of resorts,hotels and motels, as hereafter provided.An integrated strategy that takes into account the Town's available resources and its environmental constraints is needed. This moratorium will enable the Town to focus on crafting and implementing a strategy that achieves its planning objectives. The Town's comprehensive zoning update project is well underway. The timeline for this C) project has been reaffirmed as being completed by March 29, 2025, The review of resorts,hotels and motels will be included in this project. This is the rationale for the 12-month moratorium. SECTION 4. SCOPE OF THE REGULATIONS. During the effective period of this law, neither the Planning Board, Zoning Board of' Appeals,Town Board, Town Building Department, Board of Trustees or any member, employee, agent or independent contractor of any of the foregoing Town bodies, shall accept for filing, Updated: 6/18/2024 1 :40 Plvl by Lynda Rudder Page 2 Resolution 2024-564 Board Meeting of June 18, 2024 accept for review, continue review, hold a hearing, make any decision upon, or otherwise consider, any application for, or relating to, the new development or redeveloprnellt of any property., parcel of land, building, or anything else, for the new construction of a resort, hotel or motel, as defined in the Town Code, including but not limited to documents relating to: 1. concept,. preliminary or final approval of a.subdivision plat, 2. site plan approvals, 3. special use permits, 4. conditional use permits, 5. use or area variances, 6. changes in zoning districts, 7. permanent or temporary certificates of occupancy, or 8. special exception relief regardless of the fact that an application has been submitted prior to the effective date of this local law. The statutory and locally enacted time periods for processing and making decisions on C, all aspects of the foregoing are suspended and stayed while this local law is in effect. C, SECTION 5. EXCLUSIONS. Any application by a municipal corporation or special district or fire district. Existing,permitted hotels, motels and resorts requesting relief and/or permits for additions, modifications or alterations, or relief for accessory structures and/or uses. New development resorts. motels or hotels that have received final site plan approval. as of the date of the adoption of this Local Law. SECTION 6. VARIANCE FROM 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 moratoriUrn may apply to the Town Board for a variance excepting the proposed development and/use from the temporary moratorium and allowing issuance of a permit all in accordance with the provisions of the Southold Town Code. SECTION7. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE, To the extent that any provisions of this local law are in conflict with. or are construed as inconsistent with provisions of New York State Town Law, this local law supersedes, amends and takes precedence over New York State Town Law pursuant to the Tower's municipal home rule powers, pursuant to Municipal Home Rule Law § 10 and § 22, to supersede any inconsistent authority. SECTION 8. SEVERABILITY, If any clause, sentence, paragraph, section or part of this Local Law shall be adjudicated by any court of competent jurisdiction to be invalid, the judgment shall not impair or invalidate the remainder of this Local Law. SECTION 9. EFFECTIVE LATE AND DURATION. This local law shall take effect imi-riediately upon filinc, with the Secretary of State. Until twelve (12) 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 Updated: 6/18/2024 1 :40 PM by Lynda Rudder Page Resolution 2024-564 Board Meeting of June 18,2024 Town Board during the twelve (12)month period. Denis Nonearrow Southold Town Clerk RE SULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski, Councilman SECONDER:Brian 0. Mealy, Councilman AYES: Doroski,Mealy, Smith, pski Jr, Doherty, Evans Updated: 6/18/2024 1:40 PM by Lynda Rudder Page 4 AILING ADDRESS: Town AnnexP.O. Box 1179 05437 SH�1tate Route 25FFICE . ���� � � MSouthold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Albert J. Krupski Jr., Town Supervisor Members of the Town Board Denis Noncarrow, Town Clerk From: James H. Rich III, Chairman - Members of the Planning Board Date: June 14, 2024 Re: Local Law entitled, "A Local Law to Impose an Interim or Temporary Suspension on the Review, Approval and/or Issuance of all Permits for or Relating to New Development of Resorts, Hotels or Motels" The Planning Board supports the proposed moratorium on resorts, hotels, and motels for a period of twelve months. Over the past two years, six new hotels and expansions of two existing hotels have been proposed. In the town(including the village of Greenport), a total of 515 rooms are available, including 36 newly proposed rooms. Investment to support our burgeoning tourist economy continues. However,the zoning adopted in 1989 and the current Town Code processes do not contemplate the resources needed to support a resort, hotel, or motel use. This became apparent with the recent processing and approval of the Enclaves located in the Hamlet of Southold. Over the past thirty-five years, economic, demographic, and environmental changes have occurred that warrant a closer look at these types of uses to define responsible and sustainable growth calibrated to the Town's existing infrastructure and character. The pause in processing new applications aligns with the Zoning Code Update project and is expected to better plan for these types of uses in the future. Southold Town Planning Board Page 2 June 14,2024 It is recommended that the Town Board include the following in any assessment: 1. The economic benefits,the positive and negative impacts, supporting infrastructure and growth-inducing development of Resorts, Hotels, and Motels in current Zoning Districts and by hamlet. 2. The economic benefits, the positive and negative impacts, and growth-inducing development of Short-Term Rentals in relation to Resorts, Hotels, and Motels by Hamlet. 3. The economic benefits, zoning equity, and application processes of a Bed and Breakfast use versus transient rentals and Short-Tenn Rentals. 4. The consistency of Resorts, Hotels, and Motel uses and zoning with the goals and objectives of the Southold Town Comprehensive Plan. The Planning Board appreciates the opportunity to comment on this local law. Please contact the department with any questions. cc. Paul DeChance, Town Attorney DENIS NONCARROW 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 July 8, 2023 RECEIVED ....w Re; Resolution 2024-394 A Local Law to A P h 2 N Impose an Interim or Temporary Suspension �..,. � on the Review,Approval and/or Issuance of Plaiin W X Ong Soanrdd all Permits for or Relating to New ��ro Development of Resorts, Hotels or Motels And Resolution 2024-395 A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of property identified on the Suffolk County Tax Map as Lot#1000-012- 1-4.3 from B to MI James Rich I1I, Chairman Southold Town Planning Board 54375 State Route 25 P O Box 1179 Southold,New York 11971 Dear Mr. Rich, The Southold Town Board at their regular meeting held on April 23, 2024 adopted the resolutions referenced above. A Certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to the proposed Local Laws 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, June 18, 2024 respectfully. Please do not hesitate to contact me, if you have any questions. Thank you. V rty truly yours, L n y Southold Deputy Town Clerk Enclosures Southold Town Board - Letter Board Meeting of April 23, 2024 RESOLUTION 2024-394 Item # 5.48 ADOPTED DOC ID: 20195 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-394 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 23, 2024: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 23rd day of April, 2024, a Local Law entitled, "A Local Law to Impose an Interim or Temporary Suspension on the Review,Approval and/or Issuance of all Pen-nits for or Relating to New Development of Resorts, Hotels or Motels", now therefor be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 18th day of June, 2024 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law to Impose an Interim or Temporary Suspension on the Review,Approval and/or Issuance of all Permits for or Relating to New Development of Resorts, Hotels or Motels"reads as follows: LOCAL LAW NO. 2024 A Local Law entitled, "A Local Law to Impose an Interim or Temporary Suspension on the Review,Approval and/or Issuance of all Permits for or Relating to New Development of Resorts, Hotels or Motels". BE IT ENACTED by the Town Board of the Town of Southold, as follows: SECTION 1. TITLE. This local law shall be known as and may be cited as the "Interim Development Law for New Construction of Resorts, Hotels or Motels in the Town of Southold." SECTION 2. AUTHORITY. This local law is enacted pursuant to the Town of Southold's authority to enact local laws under the New York State Constitution,Article IX, and the Laws of the State of New York, including but not limited to Section 10 of the Statue of Local Governments, granting towns the power to adopt, amend and repeal zoning regulations in the exercise of its functions, powers and duties. SECTION 3. PURPOSE AND INTENT, Generated April 24, 2024 Page 73 Southold Town Board - Letter Board Meeting of April 23, 2024 PURPOSE: Moratorium This local law is hereby enacted to preserve the status quo in the Town of Southold on a temporary basis while the Town conducts studies to review and consider amendments to those parts of the Town of Southold's zoning legislation and comprehensive plan pertaining to hotels, motels and resorts. Southold Town is in the midst of a complete zoning update being performed under the charge of the Planning Department by ZoneCo, an independent zoning consultant. This action will include a thorough review of the zoning classifications most appropriate for such use; a review of the environmental constraints to such development; a cumulative analysis of the recent and significant hotel developments throughout the town; an evaluation of necessary conditions and restrictions for such use; an analysis of the potential hotel/motel/resort build-out under the code and its conformity with the underlying Southold Town Comprehensive Plan and an analysis of the permissible density of hotel/motel/resort rooms per acre, hamlet and area. For this purpose, the Town of Southold will gather information, make recommendations, and further review the Town's plan for new resorts, hotels or motels in the Town. This zoning update is intended to lead to a deliberative creation and adoption of necessary amendments to the Town's zoning legislation, comprehensive plan, and other applicable Town laws. INTENT. The Town Board finds and determines that the Town is under considerable pressure for the development of new resorts, hotels and motels. The Town is an attractive location for new resorts, hotels and motels, because of the variety of community attractions located within and close to the Town. Over the past several years the Town has had five new hotels proposed. One is currently under construction, one is at the beginning of the site plan process, and three are in the concept phase. There are two expansions at the beginning of the site plan process - one for an increase in the number of rooms, and one for an addition of a restaurant. The Town Board further finds and determines that unless reasonable interim measures are implemented, significant new resort, hotel and/or motel development is likely to occur, and that development may undermine the implementation of appropriate planning measures needed to protect the public interest and welfare and goals of the Town. It is the intent of the Town Board to protect public health, safety and general welfare by enacting this local law for a reasonable period. The Town is undertaking a comprehensive study to develop solutions and to implement necessary amendments to the land use and zoning regulations to accomplish such goals. It is the further intention of the Tow Board to protect the public interest by preventing a race of diligence between property owners, developers and the Town which could prejudice the integrity and objectives of the proposed changes or result in a land use pattern that might be inconsistent with the intent of the recommendations of the Town resulting from such study. The Town's existing procedures and laws should have the practical effect of ensuring that new development and redevelopment are in accordance with the Town's planning objectives. The practical reality, however, is that some of the land use regulations and procedures may not have this effect. The Town Board finds it necessary to impose a moratorium on accepting, processing and granting approvals or permits for new development of resorts,hotels and motels, as hereafter provided.An integrated strategy that takes into account the Town's available resources and its environmental constraints is needed. This moratorium will enable the Town to focus on crafting and implementing a strategy that achieves its planning objectives. Generated April 24, 2024 Page 74 Southold Town Board - Letter Board Meeting of April 23; 2024 The Town's comprehensive zoning update project is well underway. The timeline for this project has been reaffirmed as being completed by March 29, 2025. The review of resorts; hotels and motels will be included in this project. This is the rationale for the 12-month moratorium. SECTION 4. SCOPE OF THE REGULATIONS. During the effective period of this law, neither the Planning Board, Zoning Board of Appeals, Town Board, Town Building Department, Board of Trustees or any member, employee, agent or independent contractor of any of the foregoing Town bodies, shall accept for filing, accept for review, continue review, hold a hearing, make any decision upon, or otherwise consider, any application for, or relating to, the new development or redevelopment of any property, parcel of land, building, or anything else, for the new construction of a resort, hotel or motel, as defined in the Town Code, including but not limited to documents relating to: 1. concept, preliminary or final approval of a subdivision plat, 2. site plan approvals, 3. special use permits, 4. conditional use permits, 5. use or area variances, 6. changes in zoning districts, 7. permanent or temporary certificates of occupancy, or 8. special exception relief regardless of the fact that an application has been submitted prior to the effective date of this local law. The statutory and locally enacted time periods for processing and making decisions on all aspects of the foregoing are suspended and stayed while this local law is in effect. SECTION 5. EXCLUSIONS. Any application by a municipal corporation or special district or fire district. Existing, permitted hotels, motels and resorts requesting relief and/or permits for additions, modifications or alterations, or relief for accessory structures and/or uses. New development resorts, motels or hotels that have received final site plan approval as of the date of the adoption of this Local Law. SECTION 6. VARIANCE FROM 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 proposed development and/use from the temporary moratorium and allowing issuance of a permit all in accordance with the provisions of the Southold Town Code. SECTION 7. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE. To the extent that any provisions of this local law are in conflict with or are construed as inconsistent with provisions of New York State Town Law, this local law supersedes, amends and takes precedence over New York State Town Law pursuant to the Town's municipal home rule Generated April 24, 2024 Page 75 Southold Town Board - Letter Board Meeting of April 23, 2024 powers, pursuant to Municipal Home Rule Law § 10 and § 22, to supersede any inconsistent authority. SECTION 8. SEVERABILITY. If any clause, sentence,paragraph, section or part of this Local Law shall be adjudicated by any court of competent jurisdiction to be invalid, the judgment shall not impair or invalidate the remainder of this Local Law. SECTION 9. EFFECTIVE DATE AND DURATION. This local law shall take effect immediately upon filing with the Secretary of State. Until twelve (12)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 twelve (12) month period. L Denis Nonearrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski, Councilman SECONDER:Brian O. Mealy, Councilman AYES: Doroski, Mealy, Smith, Kxupski Jr, Doherty, Evans Generated April 24, 2024 Page 76