HomeMy WebLinkAboutMoratorium on Subdivisions 1983'1
LOCAL LAW NO. ,
A Local Law-to provide for a
Applications for Subdivision P
[983
/~or a[ortum
Approval
BE IT ENACTED by the Town Board of the Town of
Southold as follows:
I ,
l:
Chapter 100 of the Code of the Town 0fSouthol~is hereby amended by
adding a nexv Artfcle thereto, to be Article XVI, tol read as foll,>ws:
ARTICLE XVI
MORATORIUIVI
3100- 160. Findings
1. In response to threats of groundwater qualit~'!and
for potable drinking water in the North Fork of ]Eas~elrn Long Island, the
Suffolk County Department of Health Services retai~e~ the' services of ERM-
Northeast to conduct a study of water supply option [or the North Fork. On
December 16, 1982, ERM prepared a draft report eBiitled"North Fork
Water Supply, Executive Summary and Recommendations", wherein it
increasing demands
made the following findings:
(a) That the total available groundwater supply i:
(b) That in the .Town of Southold, a very delicate
fresh water lenses, salt water intrusion, che
and water requirements.
(c) That over-pumpage or improper well locatior
vertical saltwater intrusion. ·
(d) That because the acquifers are shallow, they
limited.
balance exists between
rnic al contamination
causes lateral and
~re extremely
susceptible to chemical contamination and ha{cia limited dilution
or assimilative capag.ity.
(e) That although fr;~h g~'oundwater is available t~~ '
:sattsfy the needs of
I 1
the overall North Fork area, critic.al water sulpply conditions exist
l:
in Zone 5 (Orient). I '
(f) That in the Orient water supply zone, the proj~cited water consumptive
I'
use by the year .2000-rrmg exceed the permissiu~ isustained yield in
such zone.
That the. above conditions require that groundw~
properly managed and protected in order to pre
rusources be
the uecessary
water supply requiroments.
2. That in the past two years there has been a sharp increase in the
affecting substanti{1 'acreage,'
number of app[ications~filed with the Plarmin~ Board for major subdivisi,;n
plat approval involving land in the East Marion and Orient areas of the tc. wn,
areas in which the groundwater supply is extremely limited.
3. That the Town of Southold has retained the firm of Raymdnd, par[ah,
Pine & Weiner, Inc. to conduct such studies as it deems necessary to
update the toxvn's 1967 Master Plan to provide for the future development
of the town.
4. That such firm is presently in the process of collecting data,
including the re¢iew of existing water studies to determine the town's
development capacity based upon the available supply of potable water.
5. That the town board believes that, based upon the findings and
recommendations of the said ERM report, that the planning firm may
recommend that the existing zoning code and zoning map be amended to
increase the size of lots in the East Marion and O~ient areas of the town,
in order to prevent a shortage of potable water in such areas.
6. That the town board is concerned that the present land use
regulations in the East Marion and Orient areas may be ineonsistant
with the land use and lot size regulations which may be recommended
by said planning firm.
,5100-181 Purpose
It is therefor the purpose of this Article to impose a moratorium on
the filing of new applications for major subdivision plat approval in the
East Marion and Orient areas o5 the town to allow the planning firm and
town officials a reasonable period of time to study, prepare and adopt
reasonable measures to preserve and protect the limited water resources
of the town in such areas, and to prevent a race of diligence of land owners
to develop land under the existing zoning regulations during the town's
consideration of such measures, which may result in the establishment
of land development which would be inconsistent with such measures and
defeat their intent and purpose.
~100-162 Subdivision Plat Applications.
Notwiihstanding the provisions of Article 16 of
provisions of Article Al06 of the Southold To~vn C,
the Town Law, and the
)de, during thc period
of time that this Article shall be in effect, the Soutiold Town Planning
Board shall not accept or take any action on any a~plication for the
approval of any major subdivision plat, which has not received sketch
plan approval on or before February 15, 198'3, wher~ ;the land proposed to
be subdivided is located in that area of the town de cribed in Section
100-163 of this Article.
§100-163 Area Affected By This Article
The provisions of this Article shall affect only thos'~ areas on the
mainland of the Town of Southold located in the ha iets of East Marion
and Orien~ and located east of the following descri
Beginning at the ordinary high water mark of C
southerly terminus of the easterly line of Shipyard
b~d line, to Wit: .
rient Harbor at the
Lane, and running
'dI Lane and across the
thence northerly along said easterly line of Shipya]
Main Road (N. Y. Route 25) to the northerly line of ~h:e Main Road (N.Y.
Route 25); running thence easterly along the northerly line of the Main
Road (N.Y.Route 25) 715 feet, more or less, to th[ division line between
the land now or formerly of Pebble Beach Realty, nc. and the land now or
formerly of Andre K. Bitten; running thence alonI said division line
no_rtherly and then easterly and then again, northerly about 5, 800 feet to
the ordinary high water mark of Long Island Sound.
§100-164 Relief From The Provisions Of This ArtiCle.
Where the town board finds that practical diffi lties or ulmecessary
hardship may result from the strict application of ~h¢ provisions of this
2krticle, it may, upon application to it, vary or mo t[v the provisions of
this Article so that the spirit and intent of this Arti le shall be observed.
public health and welfare secured, and substantial j Stice don,. Upon the
receipt of an application for relief from the provisi.~s of this Article, the
town board shall fix a time for a public hearing on
-3-
h~ application, and
sh~ll give notice thereof by publication in tl~e official newspa[,ur of the toyota
~t least ten days before such hearlJg.
§100-165 Duration Of Moratorium.
The provisions of this Article shall be and remain in full t'orce and
effect for a period of one I!u~iclred 'ei%hfy (180)..c~7s ~rom and after the
effective date of this Article.
§100-166 Prior Approvals.
Nothing contained herein shall be deemed to abrogate or annul any
prior ~pproval granted and in effect as of the effective date of this Article.
§100-187 Supersession.
This Article shall supersede, in its application to the Town of
Southold, Sections 276 and 277 of the Town Law.
~100-168 Effective Date.
This Local Law shall take effect upon the date of its filing in the
Office of the Secretary of State.
-4-
PUBLIC HEARING
SOUTHOLD TOWN BOARD
April 19, 1983
7:30 P.M.
IN THE MATTER OF A PROPOSED LOCAL LAW ENTITLED ;"A LOCAL LAW TO
PROVIDE FOR A MORATORIUM ON APPLICATIONS FOR SJBDIVISION PLAT
APPROVAL," (NEW APPLICATIONS FOR MAJOR SUBDIVISION PLAT APPROVAL
IN THE EAST MARION AN~ ORIENT AREAS OF THE TOm ~OF SOUTHOLD).
Present: Councilman Francis J. Murphy, D~Puty Supervisor
Councilman John J. N~ckles
Councilman Lawrence Murdock,
Councilman Joseph L. Tow wend,
***
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Absent: Supervisor William R. Pell, III (i:family ~llness)
Justice Raymond W. Edwards (out Ioi£ the country)
COUNCILMAN MURPHY: This is a public hearing oq ia part-town
moratorium, and the'second hearing is on a ful~-~own moratorium.
For the sake o~ time and to allow everybody to ~ke whatever
comments they would like on this, I think maybel ~£ we had first
hearing that is a part-town that is scheduled, li~ we had Councilman
Joe Townsend read this and anyone who would liklelto make some
comments strictly for part-town, but i~ you're ~ ~ '
g0mng to make
comments that would concern part or full-town, 'lI'lwould request
that you hold it so we could close this hearingl, ithe first one
as soon as possible, so that we could start withithe other. We
would like to make sure that this is legal, tha~leverybody does
have an opportunity to speak to the Town Board ~d to give us
your £eelings on th~s. So I will turn it over ~0 Councilman Joe
Townsend and ask him to read the notice o~ the ~eting.
MR. DAVID MUDD, Southold: A point o£ c]ari£ica~ion. Would you
repeat the remark you said that if you were goi~ to have a comment
about both hearings, wait until the second one. I i~Vou~d you clar~£y
that?
COUNCILMAN gURPttY: No, i~ you would like to coSment on the part-
town moratorium, fine. But i£ you would like t~ ;comment on some-
thing'that a££ect more of a £ull-town moratorium,I we would really
prefer, ~or the sake of time, to wait for the s~c~ond hearing.
Page 2 - Public Hearing: - East.-Marion,Orient Mora..~0rium
COUNCILMAN NICKLES: There are two ways you coluld do that. You
could get up during the first hearing, which ils the part-town
hearing, and say whatever it is you have to say and then when we
.go to the second hearing, if it's the identica~ remarks you wish
to enter into the second hearing, you might sa~, "I'm Joe Smith,
and I would like to have the record reflect the same comments that
I made in the first hearing for the sake of br~vity/'and I ~hink
that would be satisfactory with the Town Clerkl as far as our
record-keeping procedure. 'And, of course, theITown Board will
have the minutes from both hearings, so we canllreview your comments
in full as they relate to each Local Law.
COUNCILMAN MURPHY: Most of all we want everybody to be heard.
COUNCILMAN TOWNSEND: If you will bear'with me~ this is a rather
thick brief here and I haven't looked at it before so I'm going to
have to wade through it, but I'll start by rea~ing the public notice
which appeared in the newspapers. "Public Notice is hereby given
that there has been presented to the Town Board of the Town of
Southold, Suffolk County, New York, on the 15th day of February,
1983, a Local Law, entitled, "A Local Law to p~ovide for a Moratorium
on Applications for Subdivision Plat Approval".l Said Local Law
provides for a moratorium on the filing of new lapplications for
major subdivision plat approval in the East Marion and Orient areas
of the Town of Southold to allow the planning ~irm and town officials
a reasonable period of time to study, prepare ~nd adopt reasonable
measures to preserve and protect the limited w~ter resources of the
Town in such areas, and to prevent a race of dilligence of land owners
to develop land under the existing zoning regullations during the
Town's consideration of such measures, which may result in the
establishment of land development which would bD inconsistent with
such measurea and defeat their intent and purpoBe. During the period
of t'ime that this Local Law shall be in effect,I the Southold Town
Planning Board shall not accept nor take any action on any applica-
tions for the approval of any major subdivisionlPlat, which has not
received sketch plan approval on or before Febrhary 15, 1983, where
the land proposed to be subdivided is located ih the. hamlets of East
Marion and Orient, and located east of the foll6wing described line,
to wit: Beginning at the ordinary high water m~rk of Orient Harbor
at the southerly terminus of the easterly line 9f Shipyard Lane, and
running thence northerly along said easterly JiBe of Shipyard Lane
and across the Main Road (N.Y. Route 25) to thellnortherly line of
the Main Road (N.Y. Route 25); running thence e~sterly along the
northerly tine of the Main Road (N.Y. Route 25)1715 feet, more or
less, to the division line between the land nowlor formerly of
Pebble Beach Realty, Inc. and the land now or fQrmerly of Andre K.
Bitten; running thence along said division linelnortherly and then
easterly and then again northerly about 5,800 f~et to the ordinary
high water mark of Long Island Sound. The provisions of this Local
Law shall be and remain in full force and effec& for a period of one
hundred eighty (180) days from and after the effective date of this
Local Law. Copies of said Local Law are available in the Office
of the Town Clerk to any interested persons durilng business hQUrS.
Notice is further given that the Town Board of tlhe Town of Southold
Page 3 - Public Heari~'~ - East ~arion-Orient Mor~,~rium
will hold a public hearing on the aforesaid Lolcal Law at the
Southold Town Hall, Main Road, Southold, New ~ork, on the 19th
day of April, 1983, at 7:30 o'clock P.M. at whlich time al. 1
interested persons will be heard. Dated: Mar!ch 22, 1983. B~
Order of the Southold Town Board, Judith T. Terry, Town Clerk.l"
We have a notice that this has been printed in the Suffolk
Times~ signed by Troy GustaVson, Publisher, an~ one stating t~at
it was printed in the Long Island Traveler-Watbhman, by Patti&ia
Wood. ~e have a notice that it was placed on ~he Town Clerk'~
Bulletin Board by Judith Terry. ~
There has been comment by the Planning Board ~n oppos~t~o?n,
"Resolved that the Southold Town Planning Board oppose the
Law to provide for a moratorium on subd~vzszonlapplications ini
Zone 5 District for the following reasons: 1.: Does not address
town wide situation. 2. Cannot address the q,estion of a moratorium
without sufficient data regarding water quality and quantity. 3.
Would have a minimal effect on density."
There are letters attached to the file fro~ the Board of
DireCtors of the Mattituck Chamber of Commerceiopposing the
moratorium; from Ms. Abigail Wickham opposinglthe moratorium.
I have an environmental assessment stating no ~dverse environmenta~
results.
We have a notice from the Suffolk County ~epartment of Planning
saying it's a matter of local determination.
That's about it. For those you that aren'[t familiar with it,
I could make a couple of general comments. BaSically the intent of
this moratorium was to solve some of the probl&ms and address the
most critical areas in the Town. We had a study completed by ERM
which indicated that the one area of water shorltage would be the
Orient area and based on my perusal of the humbler of major sub-
division applications, applications for land diyision in general,
the majority of the subdivisions were in that a~ea--the area from
Shipyard Lane to Orient Point. I think that ar~a represents about
15% of the land mass and over 60% of the applications fn that area.
It seemed that if the subdivision applications kept coming in at
that rate we would soon have no land to subdivide there and the
purpose of the Master Plan study would be defeated. At the time
that I made that proposal, that didn't seem to be the case for the
rest of the Town of Southold. Basically that was it.
COUNCILMAN MURPHY: I would like to ask anyone ~ho would like to
speak in favor of this part-town moratorium. Ilwould like to remind
the people this is just on part-town moratoriumi not on the full-
town moratorium and has nothing to do with two acre zoning. So
please limit your comments. Anyone who would like to speak in
favor of a part-town moratorium please let me s~e your hands.
Anyone who would like to .speak in favor? Pleas~ use the mike and
you would have to state your name so'the Town C~erk could record
it.
MR. ORVILLE TERRY, Orient, New York: I think i~'s an excellent
idea for exactly the reasons that Mr. Townsend ~as stated. I think
it makes very little sense to have a town plan ~fter everything has
been decided. The time to have a moratorium is ~efore the plan is
put into effect, before it's completed so that tlhe plan can have
some influence on what goes on in the Town from !here on.
Page 4 - Public Heari 3 - East Marion-Orient Mot ....... 3rium
COUNCILMAN MURPHY: Is there anyone else who Would like to speak
in favor of a part-town moratorium? (No response.) I would like
to ask would anyone like to speak in opposition to a part-town
moratorium?
MR. WILLIAM SCHRIEVER, Orient, New York: I'm :here representing
both myself and my wife Barbara. I sold my p~operty and in the
contract of sale there is a provision to shar~ in whatever loses
are incurred as a result of the actions that y'ou are proposing here
today. And so I stand to lose money, so I hav:e an economic interest
in what you do here or next week with respect .to two acre zoning.
My wife still has her property and she wants to subdivide it and
she's preparing a subdivision of this eight acres, it's not a very
big thing, but she would be impacted more severely as a result of
any action on any of these three, particularly this one. I would
like to ask that the record for this hearing include a copy of the
ERM-Northeast report (Attachment I) which has been referred'to in
the resolution of the Town Board. And I would also like to have
entered into the record a copy of the letter that the Planning Board
sent in response to the law that will be heard next week on two acre
zoning. This letter is dated March the 29th and it's addressed to
Mrs. Judith Terry and it's signed by Henry Raynor (Attachment II).
And then appended to that letter, and made a part of that letter is
a letter addressed to the Planning Board and it's written by William
F. Mullen, Jr. It's date is March the 4th, 1983 and the subject is
a Moratorium on all MajOr Subdivisions (Attachment III). And I would
like to. have those two documents entered into the record of this hear-
ing.
COUNCILMAN MURPHY: These are already part of the record. They are
part of it. The Town Board has received all of this information
already. Not part of the hearing, I'm sorry, a part of the---
MR. SCHRIEVER: No, they're in the Town records, but they're not
in the record of this hearing.
COUNCILMAN MURPHY: They will be, Bill.
MR. SCttRIEVER: And the other thing I wo~ld like--I have.some copies
of some of the ads that we had which I would like to have made a
part of the record (Attachment IV).
COUNCILMAN MURPHY: The Town Clerk will record them, thank you.
Is there anyone else who would like to speak in opposition to a
part-town moratorium? Mrs. Ruth Oliva.
MRS. RUTH OLIVA, President, North Fork Environmental Council: While
I think all of us wish to express our thanks to Councilman Townsend
for his concern in this matter, and the time and the effort that he
has put into drawing up this proposal for a moratorium, we simply
cannot support it because it is not inclusive enough. Thank you.
COUNCILMAN MURPHY: Is there anyone else at this time who would like
to speak in opposition? Mr. Frank Bear.
Page 5 - Public ~tearL_.~ - East Marion-Orient Mor~,.~orium
MR. FRANK BEAR, Southold, New York: I also would like to thank Joe
Townsend for having introduced this proposal, but the problem that
I find with it, and I think a good many other people do too, is that
it does not cover the 40% of the proposals for subdivisions which he
referred to a while ago when he said that 60~ were in the Orient-
East Marion area. The fact remains that there are critical areas
outside of the East Marion-Orient areas and they also should be
considered. A Town-wide moratorium is the answer, not a part-town
moratorium. Thank you. May I ask that we can hear each other
without boos, please.
COUNCILMAN MURPHY: Really, for the sake of time, if we would hold
any clapping or boos, really out of respect for the people talking
and also to allow more people to talk. Thank you. Is there anyone
else who would like to speak in opposition? Sir?
MR. WILLIAM ESSEKS, Attorney: I'm going to speak in opposition to
the moratorium, but I'd like my comments, which will be offered at
the end of the next hearing to be incorporated in this hearing. There
is no reason for reading of them twice (Attachment V).
MR. DAVID MUDD, Southold, New York: I represent the Southold Town
Citizen's Committee. The group is composed of hard-working residents
who care about Southold's future. I have here 700+ names that have
been gathered in a two week period and I would like to have you please
note the names on the petition. They represent a cross-section of
local people, not people who are only passing in and out of Town.
The moratorium presently under consideration was proposed in spite
of the ERM Water Report. Mostly to address the demands of Southold
Town Environmental Council. It has already been established by the
ERM that the quantity of water in Southold Town is not a problem
provided we stay with our existing zoni~lg, so why rush to enact the
needless legislation. To halt all growth while we are already paying
$75,000.00 of taxpayer's money for a Master Plan. Our Town, which is
22 miles long, comprises 34,000 acres and 53 square miles, has grown
by only 235 people per year in the decade of 1970 to '80. If this
is compared to the growth in the decade from 1960 to 1970, then some
350 people per year became residents, it can readily be seen that the
rate of growth in the most recent decade has fallen by 32%. It should
be remembered that one acre zoning was instituted in the early 70's.
If we project a similar decrease in the growth in population in the
decade of the 80's, our rate of growth would fall by 64%. Please
understand the seriousness of these of these statistics as they
affect our young people, our farmers and our business people. Council-
man John Nickles has indicated that some 42~ of our residents are
now receiving Social Security, and it is evident that a moratorium ,
or any upzoning would impact the Town in such a way that Southold
would become a Town of one age, of one economic group, and new growth
would be denied the Town. The Southold Town Planning Board has
understandably been swamped with subdivision applications. If there
had not been the pressure and the accompanying hysteria of moratorium
talk, this would not have happened. Now the Town Board is acting in
haste, playing politics with our future and the future of the Town.
Any further consideration of a moratorium must be stopped now. Thank
you. '.(Pe'~i'tion- Attachment. VI).
Page 6 - Public Hearf~ - East Marion-Orient Mor~.~orium
COUNCILMAN MURPHY: Thank you. Would you like that to be in the--
your comments to be included in the full-town moratorium also?
MR. MUDD: Yes, I would.
COUNCILMAN MURPHY: And the petition?
MR. MUDD: And the petition. I have a second petition--a second
copy of the petition if it is necessary.
COUNCILMAN MURPHY: Is there anyone else who would like to make
some comments in opposition to the part-town moratorium? (No
response.) Is there anyone who would like to make any comments
at all on this? (No response.) If not, I will move that we close
this hearing and we'll go on to our next hearing.
~ J Judith T. Terry
Southold Town Clerk
!~ Local Law t0Provide for a
"' Moratorium on Applicalions
for Subdivision Plat
Approval". Said Lecal I,aw
provides fei' a moralorium on
the tiling oi new applieatiens
fur major subdivision plal
approval in the East Marion
!:i and Orient areas of the.Town
· of .Southold to. ailow the
/hnnmg firm: and town wit: Begmmng at the ordinary
· ,~[ficials a reasonable period high water mark of Orient
/c~ ~ime to study, prepare and Harb6r at the southerly
.~/ adopt reasonal~le measures to terminus of the'easterly line of
preserve and pr0~teet the Shipyard Lane, and I'un[iing
limited water resources of the thence hurl.hotly along said
: Town in such areas, and to easterly line el Shipyard Lane
prevent a race of diligence of and across the Main Road
landownet~s to develop land (N.Y. Route 25) to the
trader the existing zoning
-. i, ~. regulations during lie Town's
...... '~ . . '!'i'jC' oonsideration Of such
LEGAL NOI ICE ' ' · - ·
..r,r,..-~-,,.,, · measurea which may result
,,, ,,'~'~,i,~,;,~',~,..,, . .' in the establishment of land
ON LOCAL LAW development whmh would be
PUBLIC NOTICE is hereby . 'inconsistent' with such
given that there has-been measures and defeat their
Pofresentod to the Town Board 'intent and purpose. During the
the Town of Southold, period of time that this Local
Suffolk County, New York, .on 'Law shall be in effect, the
h, a=~. ,q ..... ,. k,,,~ ....... m.3 .' Southold ·Town.., ,Planning
a Local Law; 'entitled,. "A ,-'u ......... ........ t- ·
(;opies of said Local Law ar(:
available in the Office of the
Town Clerk lo any interested
persons during business
NOTICE IS
GIVEN that the Town Board
of the Town of Souiheld w:ll
any action on any application again northerly 'about 5.800 ITM31-4203 '.....,..~'[ ~ .................
f,or th~ approval of any major, feet to the ordinary high water. '
· Shbdi~isionplat, which has ,n,~ot mark of Long:Island'Sound. ~Ia:P(~~~9~5 / ~, . '
r~eeived sketch plan apprax al The prOvisions Of thisLocal
; on or before February 15,1983 . Law shall be and remain in : '~74~, ~-~--x
where the land proposed to he · full force, and' effeeL for ~,a ......... [' ' ' ~ I ~ ' ~ .......... ~,~_' .........
' Subdivided is l.:mated in the period 6f one hundred eighty tO befo~:e me this . .3.1~,s..~.~...
hamlets of East Marion and ,(IS0)daYs from and after thi~ ¢. · -~r. I
Orient, and h,~atod,,eost of the · effective date oi this Local .... }~.7.C.~. ....... 19..~.~.. J ., / .,~ ,/
hold a puhlic hearing on the
northerly line of the Main aforesaid Local-Law at the :"
Road (N.Y. Route.. 25); Southold Town ~Hal!, Mai, m(,~ ....... being duly Sworrh
running thence easterly along ROad, Southold NewY0rk, !¢~i? i . .
the nor~herly lineof the'Maid ".': the igth.day of'April, 1983~'i~[.;!~ubtisrier of the SUFFOLK
ROad (N.Y, Route'25)i 71,5 feet, 7:30 o'clock P.M: at which:- !
more or les~, to the digiSion time all interested persong-/iished Gt Greenport, in said
line between the land now or will be heard. -
formerly of Pebble Beach DATED: March 22: 1983. h the al~er, t~l is ~1 printed
Realty, fnc. and the land now BY ORDER OF
or formerly of Andre K. THE SOUTHOLD aid Suffolk Weekly Times
Birten;. running thence along TOWN BOARD
said division line northerly JUDITH T. TERRY, .................. weeks
and then easterly and then TOWN CLERK'
HELEN K. DE
NOI~I?y PO~LIC, ,Sta~e of ~ew Y~r~
N~. 4707878, Suffotk County
Term Ex~tres March 30,
LEGAL NOTICE
:qO~ICE OF puBLIc
HEARi'~qG ON LOC/~L LAW
· ' PUBLIC IqOT~CE' i's ~hereby
pre~nted to iBe~To&n Board
' of the 'Town ~f, Sbathold.
Suffolk County, Ngw: York, on
~e '15th day 0f '[FeBruaw
1983; at,Local Law
· 'A Loeb: Law ,~o p~oxide
Mor;i~,i"m' or. App[,c~,,or, s
for Sdbdlvmo~ Plat Appro~-'
al." 5aid Local Law proxides
I'or ,a mcuutofi~m on the t'ihng
{ of ne~ apphca.oas for major
{; su~di~stou plat ~p~ovai in
the ~asl MaHou aud Orient
are&~ Of th~Town O[
to ~lo~ khe p!~in~ f~m aud
to~n ,a~da{¢" a
period of rime 'to s~udy.
prepare and ad~t'~easonable
measures W ':preg~e and
protect ,~e l~it~l~ater re-
,' s0ur~e~, of the i;T0O~ in
areas, and to prEve~L a race of
dd~gence of land l~wners to
develop· laud ~der'the '~xist-
lng zonMg regfilati~n5 daring
th~ ,Town s cons~derat~6u of
such,measures,' which mav
result m the ~slabhshment
~.-Ya~dev~lop~nt wb{eh W0qld
be ~consiste~t ~ith' ~uch
"me~ures and, de~at ~eir
',' intent and purpose. Dhdug the
pedod of time that chis ~cal
', Law shall be in e~eet, the-
'~; .Son.old Town Harming
' '~a{d shall u0t acc¢9~ or take
any eaton on any gpplication
fat ~c approval of a[~) major.
.~ubdw~ionplat ~hkhha~not.
icceived sketch plan' 'app~oxal
Gu or belbre Febr~a~ 15.
!')83. a here the la~d proposed
to 6,.' subdwided is I~ated in
· :'~. th~ '~ha~e~ of East :;Marion
:, and anent.and locateg east of
:l the f6llow ug dc~c~bed hue. to
~,t: Beginn,ng at ihe ,~rdmary '
:; highL water mark. of
~j' 'Har~6r at the sod~h&rly ter-
~us. of the easterly line of
. Shtpyard Lane, and: running
thend~ no.hotly along said
~. and'~.:across ~e Ma~ Road
:'. a~y: ~o~t~ :) t~ t~O ~o~h~-
ly lin~ of:the Main 'Road (N.Y.
Route ~); running [ ~ence
",easterly along the do~herly
,' RoUt~ ~) 715 feet, more or
:. less,:';to the division linc be-
.~een th~ land-n~ or fo~er-
..::ly qf Pebble Beac~ ae:lty, Inc.
,and the !and now o~ ~rmedy
· o~ :A~dre K' Blaen.~ running
, th~nc~ along said diViSion line
'noflherly and then easterly
· and ~en again ~o~er[y about
',5 800 ~feet to the ordinary higE
'water ma~k oF Long
Sofind. The provisions of this
:~J Law shall be and re~n
.;in full 'force and effect for a
::pe0od 0f one hundred eighty
::(1~) gays ~om and a~er the
· eff6etive date of this ~cal
;:. :~aW'.: .
~, Copras. of'said Mc~ Law are
(vivoJhble in the Office of the
~iT0~ Clerk to any interested
,persons during ' bus,ess
, . NOTICE I$ FURTHER GIV-
: 'EN Jhat the Town Board of the
-¢,Tow~ of SouthoM will hold. a'
~ ~public heating on the a{oresaid
,..'Local Law at the ~outhold
,~own Hall, Main Road, South-
: 91d, New York, on the l~h day
' Bf April, 1983. at 7;30 o'clock
p.M. at which time all inter-
~sted persons'will be heard.
Dated: March 22, 1983.
; : BY O~ER OF THE
' '; SOuTHOLD TOWN BOARD
· '" : JUDITH T: TERRY.
TOWN ·CLERK
.... ?':,-': 1T-3/31/83(6)
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricio Wood, being du}y sworn, soys that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
o public newspaper printed ot Southold, in, Suffolk Counb/;
and that the notice of which the annexed is o printed copy,
has been Published in said Long Island Traveler-Watch-
man once each week for ........................ /....., ......... weeks
successively, commencing on the ....................................
. . ........
Sworn to before me this .............. .~..../~, .......... day of
LEGAL NOTICE
NOTICE OF PUBLIC HE_ARING ON LOCAL LAW
PUBLIC NOTICE is hereby given that there has been presented
to the Town Board of the Town of Southold, Suffolk County, New
York, on the 15th day of February, 1983, a Local Law, entitled,
"A Local Law to provide for a Moratorium on Applications for
Subdivision Plat Approval". Said Local Law provides for a
moratorium on the filing of new applications for major sub-
division plat approval in the East Marion and Orient areas of
the Town of Southold to allow the planning firm and town
officials a reasonab]e period of time to study, prepare and
adopt reasonable measures to preserve and protect the limited
water resources of the Town in such areas, and to prevent a race
of diligence of land owners to develop land under the existing
zoning regulations during the Town's consideration of such
ineasures, which may result in the establishment of land develop-
ment which would be inconsistent with such measures and defeat
their intent and purpose. During the period of time that this
Local Law shall be in effect, the Southold Town Planning Board
shall not accept or take any action on any application for the
approval of any major subdivision plat, which has not received
sketch plan approval on or before February 15, 1983, where the
land proposed to be subdivided is located in the hamlets of East
Marion and Orient, and located east of the following described
line, to wit: Beginning at the ordinary high water mark of
Orient Harbor at the southerly terminus of the easterly line of
Shipyard Lane, and running thence northerly along said easterly
line of Shipyard Lane and across the Main Road (N.Y. Route 25)
to the northerly line of the Main Road (N.Y. Route 25); running
thence easterly along the northerly line of the Main Road (N.Y.
Route 25) 715 feet, more or less, to the division line between
the land now or formerly of Pebble Beach Realty, Inc. and the
land now or formerly of Andre K. Bitten; running thence along
said division line northerly and then easterly and then again
Page 2 - Publ~..-.Hea.rlng - Local Law ....
northerly about 5,800 feet to the ordinary high water mark of
Long Island Sound. The provisions of this Local Law shall be
and remain in full £orce and e£fect £or a period of one hundred
eighty (180) days from and after the effective date of this
Local Law.
Copies of said Local Law are available in the Office o£ the
Town Clerk to any interested persons during business hours.
NOTICE IS FURTHER GIVEN that the Town Board of the Town of
Southold wi'll hold a public hearing on the aforesaid Local Law at
the Southold Town Hall, Main Road, Southold, New York, on the
19th day of April, 1983, at 7:30 o'clock P.M. at which time all
interested persons will be heard.
DATED: March 22, 1983.
BY ORDER OF THE SOUTHOLD TOWN BOARD
JUDITH T. TERRY, TOWN CLERK
PLEASE PUBLISH ONCE, MARCH 31, 1983, AND FORWARD ONE AFFiDAViT
OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN
ROAD, SOUTHOLD, NEW YORK 11971.
Copies to the following on March 25, 1983:
The Suffolk Times
Tile Long Island Traveler-Watchman
Town Board Members
Southold Town Planning Board
Town Clerk's Bulletin Board
LEGAL NOTICE
NOTICE OF PUBLIC HEARING ON LOCAL LAW
PUBLIC NOTICE is hereby given that there has been presented
to the Town Board o£ the Town of Southold, Su~£olk County, New
York, on tile 15th day of February, 1983, a Local Law, entitled,
"A Local Law to provide for a Moratorium on Applications for
Subdivision Plat Approval" Said Local Law provides for a
moratorium on the £iling of new applications £or major sub-
division plat approval in the East ~arion and Orient areas of
the Town of Southold to allow the planning firm and town
o££icials a reasonable period of time to study, prepare and.
adopt reasonable measures to preserve and protect the. limited
water resources of the Town in such areas, and to prevent a race
of diligence of land owners to develop land under the existing
zoning regulations during the Town's consideration of such
measures, which may result in the establishment of land develop-
ment which would be inconsistent with such measures and defeat
their intent and purpose. 'During the period of time that this
Local Law sha~!~ be in effect, the Southold Town Plann~nS~ Board
sh~ll not accept or ta]~e any action on any application for the
approval of any major subdivision plat, which has not received
sketch plan approval on or before February 15, 1983, where the
land proposed to be subdivided is located in the hamlets of East
Marion and Orient, and located east of the following described
line, to wit: Beginning at the ordinary high water mark of
Orient Harbor at the southerly terminus of the easterly line of
Shipyard Lane, and running thence northerly along said easterly
line of Shipyard Lane and across the Main Road (N.Y. Route 25)
to the northerly line of the blain Road (N.Y. Route 25); running
thence easte'rly along the northerly line of the Main Road (N.Y.
Route 25) 715 feet, more or ]ess, to the division line between
the land now or formerly of Pebble Beach Realty, Inc. and the
]and now or formerly of Andre K. Birten; running thence along
said division line northerly and then easterly and then again
Page 2 - Publ~ .... Hearing - Local Law ....
northerly about 5,800 feet to the ordinary high water mark of
Long Island Sound. The provisions of this Local Law shall be
and remain in }ull force and effect for a period of one hundred
eighty (180) days from and after the effective date of this
Local Law.
Copies of said Local Law are available in the Office of the
Town Cl'erk to any interested persons during business hours.
NOTICE IS 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, Main Road, Southold, New York, on the
19th day of April, 1983, at 7:30 o'clock P.M. at which time all
interested persons will be heard.
DATED: March 22, 1983.
BY ORDER OF THE SOUTHOLD TOWN BOARD
JUDITH T. TERRY~ TOWN CLERK
PLEASE PUBLISH ONCE, MARCH 31~ 1983, AND FORWARD ONE AFFIDAVIT
OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN
ROAD, SOUTHOLD, NEW YORK 11971.
Copies-to the following on March 25, 1983:
The Suffolk Times
The Long Island Traveler-Watchman
Town Board Members
Southold Town Planning Board
~wn Bo~,d lic~a:ea~
Town Clerk's Bulletin Board