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HomeMy WebLinkAboutZoning 1990LOCAL I~lW 1990 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. §100-31B(7) is hereby amended by deleting subsection (c) in its entirety and changing the lettering of subsections (d) and (e) Lo (c) and (d) respectively. II. This Local Law shall take effect upon its filing with the Secretary of State. *Legislative Intent - The Town Board should not be concerned wi~h the profit making ability of uses which are permitted by special exception since the determination to permit such uses lies with the province of the Zoning Board of Appeals. IN THE MATTER OF THE PUBLIC HEARING SOUTHOLD TOWN BOARD April 10, 1990 8:05 P.M. PROPOSED "LOCAL LAW IN RELATION TO ZONING". Present: Supervisor Scott L. Harris Justice Raymond L. Edwards Councilman George L. Penny IV Councilwoman Ruth D. Oliva Councilwoman Ellen M. Larsen Councilman Thomas H. Wickham Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff' SUPERVISOR HARRIS: W~'II move on to the third public hearing. George, would you please read the legals? COUNCILMAN PENNY: "Public Notice is hereby given that there has been pre- sented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of February, 1990, a Local Law entitled, "A Local Law in Relation to Zoning", 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 Read, Southold, New York, on the 10th day of April, 1990, at 8:05 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Zoning" reads as follows: This proposed "Local Law in Relation to Zoning" reads as follows: 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. Chapter 100 (Zoning) is-h~relSy'amended I~y deletifig dul~s~ct'io'n (c)' in,its entirety and .changing the lettering of subsections (d) and (e) to (c) and (d) respectively. II. This Local Law shall take effect upon its filing with the Secretary of State. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: March 27, 1990. Judith T. Terry, Southold Town Clerk." I have an affidavit of publication from the Traveler- Watchman, an affidavit from the Suffolk Times, an affidavit by the Town Clerk, that this has been posted on the Town Bulletin Board. I have the following communications from the County of Suffolk. Gentlemen: Pursuant to the require- ments of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been s[~lm~itted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or diapproval. Very truly yours, Arthur H. Kurtz, Director of Planning. From the Southold Town Planning Office, April 9, 1990, the Planning Board wishes to emphasize its opposition to the passage of the above-referenced amendment that is scheduled for a public hearing this evening. Attached please find our recommendations 9 z LL in relation to /orang of March 26, 1990, in which we recommend tabling this proposal for further review and discussion in the Planning and Zoning Committee. The Planning Board has been asked for its recommendations on a proposed amendment to Chapter 100-31 B. (7) of the Zoning Code. The proposed change would allow profit-generating recreational uses in residential zoning districts upon receipt of a special exception by the Zoning Board of Appeals. The following resolution was adopted at the Planning Board'~ public meeting on March 26, 1990. WHEREAS the proposed amendment to the Zoning Code would allow beach clubs, tennis clubs, country clubs, golf clubs, public golf courses and annual membership culubs..and accessory playgrounds, beaches, swimming pools, tennis courts, and recreational buildings to be operated as commercial recreational businessess open to the public as well as to club members, and; WHEREAS the Planning Board questions the wisdom of allowing commercial public recreational enterprises in residential areas due to the significant impact these types of uses may have on traffic, the environment, and the character and overall quality of life in residential communities, and; WHEREAS the proposed amendment fails to provide sufficient guidelines and standards whereby the Zoning Board could grant such special exception, and thereby protect adjoining residential neighborhoods from the impact of commercial recreational enterprises, and;; WHEREAS there has been no discussion of providing for commer- cial recreational uses in other zoning districts, or of the development of effective standards whereby such uses would be safely allowed within residential zones, BE IT RESOLVED That the Planning Board is opposed to the proposed deletion of Section 100-31 B. (c). Further study is recommended, preferably before the Planning and Zoning Committee. There's no further communications. SUPERVISOR HARRIS: Thank you, George. Is there anybody in the audience, that would like to heard on this Local Law? MARK MCDONALD: I'm Mark McDonald from the Planning Board. You have our comments in front of you. The Board has felt strongly enough about this, that they asked me to come along and reiterate our feeling addressed in that resolution to you. This is a law that can present real danger in terms of encouraging into all the residential areas in the Town, and we would like very much if ~o~ would not adopt this particular law. Thank you very much. SUPERVISOR HARRIS: Thank you. Is there anybody else from the audience? Ronnie, would you state your name, please. RONNIE WACKER: Ronnie Wacker from the North Fork Environmental Council. I don't know a great deal about this law, but what I know is that hearing the Planning Board's objection, I do believe we ought to take it seriously, and consider it at some length before passing it. SUPERVISOR HARRIS: Councilman Penny would like to make a comment. COUNCILMAN PENNY: Yes. This was discussed in the Legislative Committee, and the intent is not to open up any of the zones as it's been interpreted by' some of the people, and possibly by the Planning Board. We had a discussion with the Town Planner today regarding this, and the i~tent of the Town Board was to remove the profit-making..the not for profit criteri°n due to the fact that we already have existing golf clubs, golf courses, country clubs, whatever, that already exist in residential zones. The complication here is that the R-80 district , Pg 3 - LL in relation to Zoning o and the A-C district are treated pretty much the same under zoning. Nothing has changed except for removing the not for profit provision, and it has been greatly misinterpreted. One of the misinterpretation came from the fact that the Planning Board is concerned that open space, that is being created now in subdivisions, can be used for these purposes, and it was the opinion of the former Town Attorney, and I believe the concurrence of the present Town Attorney, because this came up last year. 'This;~.p~;ebably started last year with all the discussions on it, and we're iust finalizing something that was started probably something that was started six to nine months ago, is that there is no possible way in zoning, that you can have two uses of a piece of property. If a piece of proper-ty is set out for open space.and clustering, then that's it. If the developer wants to come at sometime, and say I want to make the open space now, and make a golf club there, if he wants to make that golf club for the use of the private residents of that subdivision, that's fine, but it can never be open to the public'. Plus it would have to pass an awful of lot scrutiny before Town Board, and I verified this in the Town Board, the Town Law Book, which is put out by the State of New York. It can even been further restricted by the Planning Board by covenants and restrictions., and ! would read ~ub-section D of 281. In the event that the application of this procedure i~esults'-in a plat showing lands available for park, recreat~ion, open space, and other municipal purposes, directly related to the plat; then the Planning Board has a condition of plan approval, may establish such con~litions on the ownership, use, and main- tenance of such land as it deems neccessary to assure the preservation of such land for their intended purposes. The Town Board may require that such conditions shall be approved by the Town Board before ~he plat be approved for filing. So there is a check in the system to make sure that this does not happen. The actual affect of the Zoning Code, that we have right now, is that if somebody wanted to come into the Town of Southold, and apply for a golf course, for a pUblic golf course, under the existing zo~i'ng, they could not, because the law as it stands right now, says that it can 0nly be run as a non-for-profit business; and that is what we're addressing. Thank you. SUPERVISOR HARRIS: Thank you. MARK MCDONALD: Goerge, I don't think the real problem,we have this,has anything to do with the open space, and as you know we've had extensive conversa- tions about the golf course. We~ve supported the idea of the golf courses. But this would allow many other uses as well, among which could be, one of the examples, is a beach club. Anyone who could acquire three acres of continuous land in this, could open a beach club, so anywhere along Peconic Bay Boulevard, or that matter anyplace on the bay, or .the Sound for that matter, that someone had three acres, they can start a for-profit beach club, which could be encouraged in a residential zone anywhere on our shorefront. We're very concerned you're going to open up other opportunities that haven't been looked into carefully enough by adopting this law. It's not a matter of golf courses, it's very special uses to take so much acreage for a golf course° Other uses take nowhere near as much acreage, and they could proliferate and cause a little concern in residential areas, and that's why we're asking you to take a closer look at this law. .Pg 4 - LL in relation to zoning COUNCILMAN PENNY: I~msure we will Mark, and I'm only addressing things one at a time, and we spent about a half hour with the Town Planner today, and that was her concern. Now you've raised a different concern, and I'm sure that we can address it in committee. SUPERVISOR HARRIS: Thank you. Is there anybody else, who would like to speak on behalf of this public hearing? (No response.) If not, we'll declare this public hearing closed. ~ ' ffOBL[C ITEARfNG .... ON LOCAL 'LAW PUBLIC NOTICE is hereby presented to the K~x(n Board of the Toun of Southold. Suflo~ County Ne~ }Drk, on t~e :~day of Fe6ruar~; 19~, a La~ efi~tled, '~A ~]LaW ~ NOTICE I~ F. LIRTHER GIXEN' thru th~Wown-Board of ff~' Tmon of Southold ~viH hold Ha[~ Ma~~ Road, Southold, BE JT ENACTED b~, a~aflablc- 5n- the Of~ce of the 'L~erspn~.W~g bus~ess DATED: M~cE 27, 1~ ' "' -J~[TH E TERRY SO.HOLD, ~W~ CLE~ COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ....................... './... weeks successive[y, commencing on the ............ .Y..~-. ...... Sworn to before me this ..................... day of Notary Public BARBARA A. NOTARY ?U~LiC, State of N~w York No. 4806846 Qua!{ri~d in SuT~mk Geunty, .~(~EAg~G O~ LOCAL L,~' . E~6Lif: '~C'iJCE iS hE~a'.'' ~'~':GIV~ ~ ~e~ has ~en pre'- · o~ or ~d, S~o~ ~, , New Yor[. ~ Lh~ 27th day of I :'~:~m~, 1990, a ~c~ ~w'~[i- S~M ~ ~oida public ~- ~:: 1~ ~ay of'A~ri}~ ~9~; ~is proposod ' Lo~I Law - , :fo~{: · C~c of ~c Town o~ Sou~M 1; Scc~u IO0-31B(?) ~g sub~cfi~ ¢) , tedug of subsecti~S-.~) .Th~ ~c~ Law sh~l Copies Rf this ~cal Law av~e ~ ~e ~ ~ ~e T~ D~D:~h.~7, 1990. ~D~ T. ~Y STATE OF NEW YORK) ) S$: COUNTY OF SUFFOLK) /~.~-~//~..~--'-~ ~ of Maliituck, in .id Co':' ~'~/' '~,~f~'b~n. duly sworn, s~]~t he/she ~ Principal Clerk o~THE SUFFOLK TIMES, a Weekly Mewspapmr, publ~b~ at MMtituc~ in the Town of Southold~ Coun~ o~ Suffolk and State of Mew Yor~ and that the Motice of which t~ annexed ~ a pHnt~ co~, ~ b~n r~uln~ ~bl~ in said Mewspapet onem each week ior / weeks suooe~mly, eomm~{ on the , ~ day of ~ ~ / ~ Principal Clerk -- ,:/.:z. ,