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HomeMy WebLinkAboutResolution 2024-395 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 2024-563 ADOPTED DOC ID: 20367 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-563 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 18, 2024: WHEREAS the Town Board of the Town of Southold has considered the change of zone of the property identified as SCTM#1000-12-1-4.3, the United States Coast Guard Station, Fishers Island, consisting of.781-acre waterfront parcel from General Business (B) to Marine I (MI) on its own motion; and WHEREAS that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York, the Town Board of the Town of Southold held 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 property identified on the Suffolk County Tax Map as Lot#1000-12-1-4.3 from B to MI" at which time all persons were given the opportunity to be heard, and The Town Board of the Town of Southold declared itself lead agency for the purposes of SEQRA review for the subject change of zone; and The Town Board of the Town of Southold has received the Southold Town Planning Board and/or Planning Staff s and the Suffolk County Planning Commission's reports and recommendations on the proposed rezoning, including a SEQRA and LWRP reports and C5 recommendations-, now therefor be it RESOLVED, that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled "Local Law entitled "A Local Law to amend the Z2Rjng_Ma of the Town of Southold v Changing the Zoning Designation of a .781 acre %trcel known as SCTM 41000-12.-1-4.3, from General Business (13) tag NIarintl MIL"-,which reads as follows: LOCAL LAW 12 of 2024 Section 1. Purpose. The purpose of this Local Law is to amend the Zoning Map to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a .781 parcel known as SCTM#1000- 11-1-43. from General Business (B) to Marine I (MI) Section 2. Code Amendment. It appropriate to rezone the property. Changing the Zoning Designation of a .781 acre parcel 0 known as SCTM #1000-12-1-43, from General Business (B) to Marine I (Ml) Section 3. Severabillity. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any C� Resolution 2024-563 Board Meeting of June 18,2024 court ofcornpetent jurisdiction to be invalid, the judgment shall not affect the validity of this law 1� as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Denis Noncarrow Southold ".Town Clerk RESULT: ADOPTED IUNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Greg Doroski, Councilman AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans Updated: 6/20/2024 11:56 AM by Lynda Rudder Page 2 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 O��QF S�UlyOl Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) O 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 Paul DeChance, Town Attorney From: James H. Rich III, Chairman Members of the Planning Board J ` Date: May 20, 2024 Re: U. S. Coast Guard Station, Fishers Island Change of Zone Recommendation SCTM# 1000-12-1-4.3 The Planning Board has reviewed the proposed Town Board action to rezone SCTM#1000-12-1- 4.3 on their own motion from General.Business (B) to the Marine I (MI) Zoning District. Attached please find their recommendations. Should you have any questions,please contact the Planning Department at 631-765-1938. Encls. Planning Board Recommendations U. S. Coast Guard Station, Fishers Island Change of Zone Recommendation SCTM# 1000-12-1-4.3 May 20, 2024 The Planning Board has reviewed the proposed Town Board action to rezone SCTM#1000-12-1- 4.3 on their own motion from General Business (B) to the Marine I (MI)Zoning District. Parcel Characteristics The .781-acre parcel U. S. Coast Guard Station is located adjacent to and south of Silver Eel Cove on Fishers Island; is waterfront and improved with a building and dockage. The use is a Coast Guard Station. The Suffolk County Land Use code for the parcel is 661 Military Installations. i 0 Tax Map M:1000-012.00-01.00.004.003 PARCEL ID •-.. _... .. ADDRESS CfTY r, ZIP CODE ACRE CALCU:ATED LAND USE •• ' CODE OWNER -- a - • Subject Parcel. Fishers Island, a unique and water-dependent island, relies heavily on water-dependent uses such as marinas, dockage, and ferries, especially for the daily transportation of residents and visitors who rely on Connecticut to provide services and support, and evacuations during storm events and emergencies. Fishers Island School District students depend on waterfront access and transportation to access the school. On the island, parcels strategically located with supporting road networks and navigable deep- water inlets and ports are of significant value to the sustainability of the island. Moreover, waterfront parcels play a crucial role in supporting the island's working economy, providing a base for boating, commercial fishermen, and aquaculture operations. Southold Town Planning Board Page 12 May 20,2024 Zoning The subject parcel is zoned General Business (B). To the southwest, a 5.07-acre parcel (including roads) is zoned Marine II and is owned by the Fishers Island Ferry District, which operates the Fishers Island Ferry,the main form of water-dependent transportation and commerce to and from the island. The 4.66-acre parcel to the south is zoned B and owned by the Town of Southold; the Fishers Island Ferry manages the property and the buildings for storage, housing, and island commerce. It is the assessment of the Planning Board that the potential uses allowed in the B zone are too intense for the .781-acre waterfront parcel. Of the permitted and special exception uses listed,not one is water-dependent. Fishers Island Land Use Committee Recommendation for the Parcel In 2015 the Fishers Island citizens formed a Fishers Island Land Use Committee to work with the Southold Town Planning Staff in assessing, mapping and making recommendations on zoning. The committee evaluated the historic build-out of the island and assessed several parameters that took in account the existing regulatory and advisory land use restrictions. It was evident that historic uses needed to be updated to reflect FEMA and Coastal Erosion Hazard Areas, environmental significance and designations, sea level rise, water quality protection, and economy. Some existing uses and those permitted in the zones were not optimal for existing and future conditions. The recommendation for the Coast Guard Station lot at the time was to change the current B zone to a new zone called Fishers Island Marine Zone (FIM)to include more water-dependent uses centered on transportation, economy, and recreation. The purpose of the zoning district was to recognize the unique situation of the island, support the existing business economy, and create new business and housing opportunities for waterfront areas while preserving the traditional working landscape and critical transportation modes. However,the FIM zone was never adopted in anticipation of a future comprehensive plan. The proposal also considered the MII zone directly to the east. The Southold Comprehensive Plan was adopted in 2020. The Fishers Island Land Use Committee recommendation for the parcel was included in the Plan to further assess the B zone on the parcel: Objective B I Evaluate the General Business zoned "gateway" area west and south of the Ferry Dock on Silver Eel Cove expands on the Town of Southold Hamlet Study (2005), a community-based planning effort where nine community groups known as the Hamlet Stakeholders were formed representing each hamlet. This objective recognizes the community concern that the B zone west of the "Ferry Dock" conflicts with the community objective of retaining the waterfront for working waterfront-dependent use. Southold Town Planning Board Page, 3 May 20,2024 The continuance of the B zone on this parcel is inconsistent with the Southold Local Waterfront Revitalization Program. Conversely, retaining water-dependent uses on the parcel is the CONSISTENT with the following policies. 10.3 Allow for continuation and development of water-dependent uses within the existing concentration of maritime activity in harbors, inlets and creeks. A. Ensure that public actions enable these harbors, inlets and creeks to continue to function as concentrations of water-dependent uses. Silver Eel Cove is an integral component of the Fishers Island transportation system. The Fishers Islands Ferry operates a vehicle /passenger ferry on the shoreline's south side. This area abuts the subject parcel. The continuance of requiring a water-dependent use that would not conflict with their operations is paramount. D. Maintain existing ferry services to Fishers Island and to Orient Point, Zoning District Recommendation The Planning Board,taking into account the work by the Fishers Island Land Use Committee, supports the Town Board changing the parcel zoning from General Business (B)to the Marine I (MI) zone supportive of a working waterfront. The benefits of the MI Zoning District zone change include: 1. Would support the adjacent MII Zoning District to the east,providing a transition of less intense uses towards Fishers Island Sound and Silver Eel Cove, a New York State Critical Environmental Area. 2. Would support the elimination of build-outs that are too intense for the size of the parcel. For example, a convenience store is permitted in the B zone. 3. Would support the Southold Town Local Waterfront Revitalization Program Working Coast Policies. 4. It would focus water-dependent uses on critical waterfront parcels in a protected harbor. The purpose of the zone is: The purpose of the Marine I(MI) District is to provide a waterfront location for a limited range of water-dependent and water-related uses, which are those uses which require or benefit from direct access to or location in marine or tidal waters but which are located within the Town's tidal creeks or natural coves. The Planning Board finds that the change of zone supports and preserves the working waterfront of the parcel. Please contact the Planning Department with any questions. 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 'gym OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD F �-r T,16G. July 8, 2023 RECEIVED- Re: Resolution 2024-394 A Local Law to PR 2 5 Z024 Impose an Interim or Temporary Suspension __.. on the Review,Approval and/or Issuance of Plra nr rid �ar1 PIanruur"wg Boardall Permits for or Relating to New 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 III, 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 y truly yours, (L t #?a, I is M Rudder y Southold Deputy Town Clerk Enclosures Southold Town Board Letter Board Meeting ol'April 23, 2024 I&N RESOLUTION 2024-395 Item 4 5.49 ADOPTED DOC ID: 20208 .......... THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-395 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 23, 2024: RESOLVED that the Town Board of the Town of Southold is considering the change of zone of the property identified as SCTM #1000-12-1-4.3,the United States Coast Guard Station, Fishers Island, consisting of.781-acre waterfront parcel from General Business (B) to Marine I (MI) on its own motion; 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 be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York, the Town Board of the Town of Southold will hold a public bearing 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 property identified on the Suffolk County Tax Map as Lot#1000-012-1-4.3 from B to MI" at the Southold Town Hall located at 53095 Main Road, Southold,New York, on the 18" day of JUNE 2024 at 4:30 p.m. and directs the Town Clerk to publish notice of such appeal in the Suffolk Times, The Day, the Fishers Island Fog Horn not less than ten (10) days nor more than thirty (30) days prior to such bearing. IL ;�� Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Brian O. Mealy, Councilman SECONDER:Anne H. Smith, Councilwoman AYES: Doroski, Mealy, Smith, Krupskj Jr, Doherty, Evans Generated April 24. 2024 Page 77 Southold Town Planning Board Page 12 May 20,2024 Zoning The subject parcel is zoned General Business(B). To the southwest, a 5.07-acre parcel (including roads) is zoned Marine II and is owned by the Fishers Island Ferry District, which operates the Fishers Island Ferry,the main form of water-dependent transportation and commerce to and from the island. The 4.66-acre parcel to the south is zoned B and owned by the Town of Southold; the Fishers Island Ferry manages the property and the buildings for storage, housing, and island commerce. It is the assessment of the Planning Board that the potential uses allowed in the B zone are too intense for the .781-acre waterfront parcel. Of the permitted and special exception uses listed,not one is water-dependent. Fishers Island Land Use Committee Recommendation for the Parcel In 2015 the Fishers Island citizens formed a Fishers Island Land Use Committee to work with the Southold Town Planning Staff in assessing,mapping and making recommendations on zoning. The committee evaluated the historic build-out of the island and assessed several parameters that took in account the existing regulatory and advisory land use restrictions. It was evident that historic uses needed to be updated to reflect FEMA and Coastal Erosion Hazard Areas, environmental significance and designations, sea level rise, water quality protection, and economy. Some existing uses and those permitted in the zones were not optimal for existing and future conditions. The recommendation for the Coast Guard Station lot at the time was to change the current B zone to a new zone called Fishers Island Marine Zone (FIM)to include more water-dependent uses centered on transportation, economy, and recreation. The purpose of the zoning district was to recognize the unique situation of the island, support the existing business economy, and create new business and housing opportunities for waterfront areas while preserving the traditional working landscape and critical transportation modes. However,the FIM zone was never adopted in anticipation of a future comprehensive plan. The proposal also considered the MII zone directly to the east. The Southold Comprehensive Plan was adopted in 2020. The Fishers Island Land Use Committee recommendation for the parcel was included in the Plan to further assess the B zone on the parcel: Objective B I Evaluate the General Business zoned "gateway" area west and south of the Ferry Dock on Silver Eel Cove expands on the Town of Southold Hamlet Study (2005), a community-based planning effort where nine community groups known as the Hamlet Stakeholders were formed representing each hamlet. This objective recognizes the community concern that the B zone west of the "Ferry Dock"conflicts with the community objective of retaining the waterfront for working waterfront-dependent use. Southold Town Planning Board Page 13 May 20,2024 The continuance of the B zone on this parcel is inconsistent with the Southold Local Waterfront Revitalization Program. Conversely, retaining water-dependent uses on the parcel is the CONSISTENT with the following policies. 10.3 Allow for continuation and development of water-dependent uses within the existing concentration of maritime activity in harbors, inlets and creeks. A. Ensure that public actions enable these harbors, inlets and creeks to continue to function as concentrations of water-dependent uses. Silver Eel Cove is an integral component of the Fishers Island transportation system. The Fishers Islands Ferry operates a vehicle /passenger ferry on the shoreline's south side. This area abuts the subject parcel. The continuance of requiring a water-dependent use that would not conflict with their operations is paramount. D. Maintain existing ferry services to Fishers Island and to Orient Point. Zoning District Recommendation The Planning Board,taking into account the work by the Fishers Island Land Use Committee, supports the Town Board changing the parcel zoning from General Business (B)to the Marine I (MI) zone supportive of a working waterfront. The benefits of the MI Zoning District zone change include: 1. Would support the adjacent MII Zoning District to the east,providing a transition of less intense uses towards Fishers Island Sound and Silver Eel Cove, a New York State Critical Environmental Area. 2. Would support the elimination of build-outs that are too intense for the size of the parcel. For example, a convenience store is permitted in the B zone. 3. Would support the Southold Town Local Waterfront Revitalization Program Working Coast Policies. 4. It would focus water-dependent uses on critical waterfront parcels in a protected harbor. The purpose of the zone is: The purpose of the Marine I(MI)District is to provide a waterfront location for a limited range of water-dependent and water-related uses, which are those uses which require or benefit from direct access to or location in marine or tidal waters but which are located within the Town's tidal creeks or natural coves. The Planning Board finds that the change of zone supports and preserves the working waterfront of the parcel. Please contact the Planning Department with any questions.