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HomeMy WebLinkAboutGolf Course Zone Amendment 1989 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STAT[ST[CS OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 'r£LEPEONE (51.6) 765o180i NO ACTION ON THIS LOCAL LAW. IT WAS REDRAWN AND ACTED ON BY THE TOWN BOARD IN 1990. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE PLANNING BOARD OFFICE TOWN OF SOUTHOLD Judith Terry Souchold Town Clerk $outheld~ New York 1i971 December 26, 1989 P~: Proposed Local Law to amend Section 100-31.B.(7)(c) Dear Mrs. Terry: The following action was naken by the Southoid To~n ~!anning Board on ~onday~ December 18, 1989. It was RESOLVED that the Southold Town Planning' Board reco~end to the Town Board that they adopt the proposed Local Law to ~u~.end Section !00-3!.B (7) (c) of the Zoning Code. Although the Pia~ning Board recommended adoption of the above mentioned Local Law~ the Board would like to note the following concerns: Only golf courses consisting of 18 holes, 9 holes or the like should be aliexqed. Use of the land for pitch an~ putt~ miniature golf or similar activities should not be allowed. Allowance of the associated uses %~hich often accompany golf courses should be ex~mined carefully to make sure that this type of use is not allowed to infiltrate into the residential area~ Facilities related tc golf coursesr such as parking lots, clubhouses~ and maintenance buii~ings~ should not be allowed' to encroach on the open space designated by the clns%er layout. Please contact this office if you have any questions regarding the above. JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Mare Road P.O. Box 1179 Southold, New York 1197.1 FAX (516) 765-1823 TELEPPiON]~ (516) 765-1~0I November 20, 1989 To: From: Re: Valerie Scopaz, Planning Board Judith T. Terry, Town Cler~'~ Proposed Local Law to amend §100-31.B.(7)(c) You have had the proposed Local Law since September 15, 1989 and a recommenda- tion from the Planning Board has not been received. I am enclosing correspondence pertaining to same and ask that the Planning Board submit a recommendation with respect to same to me at their earliest convenience. LOCAL LAW NO. . 1989 A Local Law in Relation to Zoning 'BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 [Zoning) of the code of the Town of Southold is hereby amended as follows: 1. Section 100-31.B(7)(c) is hereby amended to read as follows: lc) Except for public golf courses, such use shall not be conducted for profit as a business enterprise. II. This Local Law shall take effect upon its filing with the Secretary of State. JAMEs A. SCHONDEBARE ROBERT H. BERNTSSON OFFICE OF THE TOWN A'I'TORNEY TOWN OF SOUTHOLD INTER-OFFICE MEMO FROM THE TOWN ATTORNEY'S OFFICE Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1939 FAX NO. (516) 765-1823 I TO: FROM: DATE: RE: Valerie Scopaz. Planning Board Robert H. Berntsson. Assistant Town Attorney September 28, 1989 Proposed Local Law to amend §100-31.B.(7)(c) SEP 2 8 1989 ~outhald I~,* ~%~k In response to your memo. the proposed zoning amendment is simply to permit golf courses to be operated for profit in the A-C zone. Currently. public golf courses may not be operated for profit. This virtually precludes same from being established. This matter was discussed by Code Committee and approved. · I trust this answers your inquiry. Keep in mind. the golf course still requires a special exception by the ZBA as well as site plan approval by your board. Feel free to discuss any-questions with me. cc: Judith T. Terry. Town Clerk MEMORANDUM TO: FROM: DATE: RE: Judith T. James A. Terry, Town Clerk Schondebare, Town Attorney Valerie Scopaz, Town Planner Septen%ber 27, 1989 Planning Board's Request of September 14, 1989 In order for the Planning Board to respond to the Town Board's raquest for comments on the proposed local law to amend Section 100-31.B.(7)(c) of the Zoning Code, it needs the information requested in the September 14th memo; a copy of which is attached for your convenience. Would it be possible for the information that was requested in the September 14th memorandum be submitted by Friday, September 29th so that the Board members have time to review same for their work session on october 4th? It would then be possible to provide comments in time for the Town Board's next meeting on October 10th. Otherwise comments will not be available until the October 24th meeting. Please advise. '[own Hail. $3095 Main Road P.O. Box 1179 $outhold. Ne~v York 11971 MEMOR~DLrM PLANNING BOARD OFFICE TO~KN OF SOUTHOLD TO: FROM: DATE: RE: Judith T. Ter~t, Town Clerk James A. Schondebare, Town Attorney Valerie Scopaz, Town Planner On behalf of the Planning Board September 14, 1989 Proposed Local Law to amend Section 100-31.B.[7)(c) of the Zoning Code. Tile Planning Board has been asked to comment on the proposed Local Law to amend Section 100-31.B. [7) lc) of the Zoning Code. This amendment would change the wording regarding the non-for profit status of a certain special exception use. There is some confusion on this matter, since the Beard-- members do not recall this matter being discussed in Code Committee nor noted on a code Committee agenda. It is not clear to the Board what the in%ent of the code change is, since there are no public-owned golf courses in Southold Town. Also, the proposed code change implies that a public golf course could bm operated for profit. Is this the intent of the code change? '' In order to clear up the confusion, and the questions, the Board would like background information as to why this change is being proposed. Upon receipt of this information, the Board will comment on the proposed amendment. CC: Supervisor Francis J. Murphy Members of the Town Board JAMES A_ SCHONDEBARE ROBERT H. BERNTSSON ASSISTANT TOWN ATTORNEY OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD INTER-OFFICE MEMO FROM THE TOWN ATTORNEY'S OFFICE Town Hall, 53095 Main Road P.O. Box 1 179 Southold, New York 11971 TELEPHONE (516) 765-1939 FAX NO. (516) 765-1823 TO: FROM: DATE: RE: Valerie Scopaz. Planning Board Robert H. Berntsson. Assistant Town Attorney September 28. 1989 Proposed Local Law to amend §100-31.B.(7)(c) SEP 3 8 In response to your memo. the proposed zoning amendment is simply to permit golf courses to be operated for profit in the A-C zone. Currently. public golf courses may not be operated for profit. This virtually precludes same from being established. This matter was discussed by Code Committee and approved. I trust this answers your inquiry. Keep in mind. the golf course still requires a special exception by the ZBA as well as site plan approval by your board. Feel free to discuss any,questions with me. cc: Judith T. Terry. Town Clerk MEMOP~NDUM TO: FROM: DATE: RE: SEP 2 ? ~Judith T. Terry, Town Clerk James A. Schondebare, Town Attorney Valerie Scopaz, Town Planner J~ Septen~ber 27, 1989 Planning Board's Request of September i4, 1989 In order for the Planning Board to respond to the Town Board's request for comments on the proposed local law to amend Section 100-31.B.(7)(c) of the Zoning Code, it needs the information requested in the September 14th memo; a copy of which is attached for your convenience. Would it be possible for the information that was requested in the September 14th memorandum be submitted by Friday, September 29th so that the Board members have time to review same for their work session on October 4th? It would then be possible to provide comments in time for the Town Board's next meeting on October 10th. Otherwise comments will not be available until the October 24th meeting. Please advise. Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-193~ M EMORTq'IDIJ'M PLANNING BOARD OFFICE TO~gN OF $OUTHOLD TO: FROM: DATE: RE: Judith T. Terry, Town Clerk James A. Schondeba/e, Town Attorney Valerie Scopaz, Town Planner On behalf of the Planning Board September 14, 1989 Proposed Local Law to amend Section !00-31.B.{7)(e) of the Zoning Code. The Planning Boazd has been asked to comment on the proposed Local Law to ~mend Section 10O-31.B. (7) [c} of the Zoning Code. This amend/nent would change the wording regarding the non-for profit status of a certain special exception use. There is some confusion on this matter, since the Boar@ members do not recall this matter being discussed in Code Committee nor noted on a Code Committee agenda. It is not clear to the Board what the intent of the code change is, since ther~ are no public-owned golf courses in $outhold Town. Also, the proposed code change implies that a public golf course could be operated for profit. Is this the intent of the code change? '' In order to clear up the confusio!l, and the questions, the Board ~ould like background information as to why this change is being proposed. Upon receipt of this information, the Board will comment on th~ proposed am~ndgnent~ CC: Supervisor Francis J. Murphy Mclrfl~ers of thc Town Board 1989 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK (~, HALPIN 360-5513 ARTHUR H. KUNZ DIRECTOR G~ PLANNING September 18, 1989 Town of Southold To~rn Clerk Applicant: Town of Southold Zoning Action: Amendment to Zoming Ordinance: Section 100-31.B(7)(c) S.C.P.D. File No.: SD-89-23 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Co~ission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-i938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD !fEMORANDUM · J~ae~ A. S~o~d~e, To~ At~r~e~ FROM: Vale~ie Scopaz, To~ Planne: On bohal.~ of tee Piarmin~ Board DATE September 14~ 1989 RE: Prop0sed Loca! Law to mnen.d Section I00-3t.B.(7)(c) of the Zoninq Code. The Pl~nnJJ!g Board h~s been asked to co~ent on the proposed Locai[Law to a~[e~d Section i00-31.B. (7) (c} of the ~=oning Coda. This~" amendment would chang~ the wording regarding the non-for pr~f'it status o~ a certain special exception There is ~ome confusion on this matter, since the Beard members do not :recall tb~s matter bein~ discussed in Coda nor ~oted on a Code Committe~ agenda. Committee It is not lclear to ~ne Bo~rd what the intent of ~_e code change is, since there are no p%~aiic-ommed got~ courses in Southo!d TO%m. lA!so, the proposed cod~ cha~ge implies that a public gol~ course co%!id be operated ~or prolite Is this the intent of the ~ode change? In order ~o cleaz up the con!usion~ and tbs guestions, the Boar~ would li~e back,round i~ormation as to wh~ t~his change is being~proposed. Upon .~eceipt of this information, the Boa~ will comme~t on the proposed amendment. CC: Supervisor Francis J. Murphy Mem~rs of tke Town Board JVJDITH T. TERRY TO;gN CLERK REGISTRAR OF X, qTAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-Z80I September 15, 1989 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted herewith is a proposed Local Law entitled, "A Local Law in Relation to Zoning" (public golf courses). Please prepare an official report defining the Planning Board's recommendations with relation to this proposed Local-Law and forward same to me. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Attachment JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box I 179 Southold, New York Il 971 FaX(S16) 76s-ls23 TELEPHONE (516) 7654801 Pursuant to Sections 1323 and 1332 i)f the Suffolk County Charter the Town Board of the Town of Southold hereby refers the following proposed zoning action to the Suffolk County Department of Planning: X New Zoning Ordinance Amendment of Zoning Cod~ Amendment of Zoning Map (Change of Zone) Location of affected land: Entire Town of Southold Suffolk County Tax Map No.: Within 500 feet of: X 'The boundary of any. village or town X The boundary of any existing ~)r proposed county, state or federal park. X The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway. X The existing or proposed right-of-way of any stream or drainage channel owned by the County or for which the County has established channel lines. X The existing or proposed boundary of any other county, state or federally owned land. X The Long Island Sound, any bay in Suffolk County or estuary of any 9f the foregoing bodies of water. Or within one mile of: Nuclear power plant.. X Airport COMMENTS: Proposed Local Law entitled, "A Local Law in Relation to Zoning" (public qolf courses). · Date: September 15, 1989 Judith T. Terr,~-/ Southold Town Clerk .JUDITH T, TERRY TOWN CLERK REGISTRAR OF VIRAL STATIST[CS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1 179 Southold, New York 1 1971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER 12, 1989: WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Zoning" (public golf courses; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this 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, to wit: LOCAL LAW NO. - 1989 A Local Law in Relation to Zoning BE IT ENACTED by the Town Board of the Town of Southold as follows: I. I1. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-31.B(7)(c) is herebya mended to read as follows: (c) Except for public golf courses, such use shall not be conducted for profit as a business enterprise. This Local Law shall take effect upon its filing with the Secretary of State. "Judith T. Terry Southold Town Clerk September 14, 1989 FUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1 179 Southold, New York 11971 FAX (516) 765-1823 2-ELEPHOIffE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER 12, 1989: RESOLVED that purs~aant to Article 8 of the Environmentol Conservation Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter 44 of the code of the Town of Southold, notice is hereby given that the Southold Town .Board, -in conducting an uncoordinated review of this unlisted action, has determined that there will be no significant effect on the environment. DESCRIPTION OF ACTION: Amendment to Chapter 100 (Zoning) of the Co'de of the Town of Southold by excluding public golf courses from being not-for-profit. The project has been determined not to have a significiant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment~ is likely to occur should the project be implemented as planned. Judith T. Terr~(,/ Southold Town Clerk September 14, 1989 , 14-16~ (2/E'ri--Text 12 , I~ROJEC. T LD. NUMBER 617 21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. AFPLICANT/SPONSOR 2. PROJECT NAME Town of Southold Amending Chapter 100(Zoning) 3. PROJECT LOCATION: MunicipAlity Town of Southold County of Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, e/c., or provide map) Entire Town of Southold SEQR 5. IS PROPOSED ACTION: [] New [] Expansion [~ Modificat[on/alteraEon 6. DESCRIBE PROJECT BRIEFLY: Amending Chapter 100 (Zoning) excluding public golf cources from being not-for-profit. 7. AMOUNT OF LAND AFFECTED: Entire Town of Southold Inl[ially acres Ultimalely acres 8. WILL PROPOSED ACTION COMPLY WiTH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? L.~Yes [] No I[ NO, describe briefly N/A 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No I[ yes, list agency(s) and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAL D PERM T OR APPROVAL? [] '(es ~ No I[ ye~. list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPRGVAL RE. QUiRE MODIFICATION? []Yes I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Signature: Francis J. Murphy, Supervisor, Town of Southold Dale: 9-6-89 stal Area, and you are a state agencyi:,cc;~nplete the Coastal Assessment Form before proceeding with this a~=sessment~ OVER 1 PART II--ENVIRONMENTAL A~:SESSMENT (To be completed by Agency) -~ A. DOES ACTION EXCEED ANY "fffPL HRESHOLD IN 6 NYCRR, PART 617.127 If yes, co,.. _mate the review process and use the FULL E.AF. NO C2. Aesthetic, agr[culturar, archaeological, hislodc, or other natural or cuJtural resources; or community or neighborhood character'/ Explair, brleEy- NO CS. Vegetation or f&una, fish, shellfish or wildlife species, significznt habitats, or threatened or endangered species? Explain briefly: NO C4. A ¢ommunily's existing pleas or goals as officially adDpted, or a change in use or intensity of use af land or other natural resources? Explain briefly NO C$. Growlh, subsequent development, or related activities likely to be induced by the proposed ac/ion? Explain briefly NO C6. Long term, shod term, cumulative, or other effects not identified in Ct4~57 Explain briefly. NO C7. Olher impacts (including changes in use of either quan{ily or lype of energy)? Explain briefly. NO O. IS THERE, OR IS THERE LrKELY TO BE, CONTROVERa¥ RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [~o II Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; JrreversibiJily; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. ~ Check this box if you have identified one or more potentially large or significant adverse impacte which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [~- Check this box if you have determined, based on the in'f~rmafion and analysis above and any supporting documentation, that the proposed action WiLL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons sopporting this determination: Town of $outhold Francis J. M _ ~,~urp~y rr ~ 5~iperviS'OP~',: ~, ~2~, :'~ - 9-6-89 2 JAMES A. SCHONDEBARE ROBERT H. BERNTSSON ASSISTANT fOWN ATTORNEY OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD INTER-OFFICE MEMO FROM THE TOWN ATTORNEY'S OFFICE Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1939 TO: FROM: DATE: RE: Judith T. Terry. Town Clerk Robert H. Berntsson. Assistant Town Attorney~'~' September 6. 1989 Local Law - Public Golf Course Attached find a proposed Local Law for action by the Town Board. Currently. under Section 100-31.B[?}{c) a public golf course is permitted in the A-C zone by special exception but only as a not-for-profit business enterprise. In reality, there will never be such a golf course. This proposed Local Law excludes public golf courses from being not-for- profit. This has been addressed in Code Committee. Please take the necessary steps so the Town Board may act upon this. I am also enclosing a Short Environmental Assessment Form. LOCAL LAW NO. . 1989 A Local Law in Relation to Zoning BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the code of the Town of Southold is hereby amended as follows: 1. Section 100-31.B[7)(c) is hereby amended to read as follows: (c) Except for public golf courses, such use shall not be conducted for profit as a business enterprise. II. This Local Law shall take effect upon its filing with the Secretary of State.