Loading...
HomeMy WebLinkAboutLL 2004 #15 ELIZABETH A. NEVILLE TOWN CLERK REGISTP~,~R OF VITAL STATISTICS ~L~RRIAGE OFFICER RECORDS i~,LkNAGEMENT OFFICER FREEDOM OF INFOI:kMATION OFFICER © Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.norl;hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY TIL~-T TI-IE FOLLOWING RESOLUTION NO. 593 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF TIcIE SOUTHOLD TOWN BOARI) ON JULY 27, 2004: WglFREAS there was presented to the Town Board of the Tow~ of Southold, Suffolk Cormty, New York, on the 27th day of July,.2004 a Local Law entitled "A Local Law In Relation to a One Hundred and Eight3' (180) Day Extension of the Temporary. Moratorium on the Processing, Review of, and making Decisions on applications for Maior Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containine Dwellinff Unit(s) in the Town of Southold", and '~VItEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: A Local Law entitled "A Local Law' In Relation to a One Hundred and Eighty (180) Day Extension of the Temporary Moratorium on the Processing~ Review of. and making Decisions on applications for Maior Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold" reads as follows: LOCAL LAW NO. 15 of 2004 © © A Local Laxv In Relation to a One Hundred and Eighty (180) Day Extension of the Temporary Moratorium on the Processing, Rexfew of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold BE 1T ENACTED BY, the To,~m Board of the Town of Southold as follows: Section 1. PURPOSE Moratorium Extension I. Legislative Intent A Town-wide moratorinm on subdivisions, special exception use permits, and ske plans containing dwelling units was enacted by the Town Board of the Towm of Southold on August 20, 2002_ To date this moratorium has been extended four times, first by six months, twice by 90 days, and again by six months. The cun-ent moratorium is set to expire on August 9, 2004. The moratorium was intended to provide sufficient time for the Town to consider the recommendations of the Blue Ribbon Commission and to comprehensively review Town planning issues. These issues include affordable housing, completion of the Local Waterfront Revitalization Plan (LWRP), consideration of public infrastructure, hamlet areas, natural and environmental resources, and transportation systems. In August, 2002, the Toxvn Board established a moratorium planning team consisting of the Town attorney, Town planner and land preservation coordinator. The team also included two plamfing consultants and two attorneys specializing in platming and land use hired by the Town Board. This moratorium planning team met on a regular basis to advance the tasks and schedule as authorized by the Town Board. The team completed a number of important tasks, including: · review of past studies; · synthesis of past planning recommendations; · review of Town Code, policies and definitions; [] preparation of Geographic Information System (GIS) resource maps in cooperation with Town data processing staffto docun~ent Town characteristics; · rexfiew of technical information and facts to be used in completing the GEIS and planning initiative review; © © · i~fitial review of Town affordable housing policies; · initial review of hamlet centers, transition zones and rural areas of the Town; · meetings and interxfews xvith Town staff and department heads; · preparation of materials and updates of ongoing activities that were placed on the Town's websdte for public information purposes; · public informational meetings, Town Board updates and dialogue with the Town Board regarding policy considerations; · preparation of draft documents for Town Board implementation and conforamuce with State Environmental Quality Review Act (SEQKA) procedures; · preparation of a build-out analysis; · preparation of the Draft GEIS; and · three public hearing on the Draft GEIS: and · preparation of Final GEIS. The To~vn Board recognized the need to comply with SEQRA, and understands the value of this process. The action was of Town-wide si(,,mificance and was considered to be a Type 1 action which is more likely to require an environmental impact statement. As a result, the Town Board adopted a number of documents in cotfformance with SEQRA, including the following: classification of the action as a Type I action; designation of the Town Board as lead agency; preparation of an environmental assessment form;' issuance of a Positive Declaration; acceptance of a Draft GEIS; and acceptance of a final GEIS_ The Draft GEIS prepared for the Town is more than an enviromnental impact statement, it is a significant and comprehensive document that considers implementation of forty-three (43) platming and program tools and measures that have been recommended in the Town during the past t~venty years. These recommendations are analyzed in depth in terms of the current Tox~m needs and goals. The recommendations call for legislative changes and modification to Tox~m policy and procedm'es, all designed to better implement the Town's Comprehensive Planning efforts_ © Recognizing the significance of the action, the need and des[rability to comply with SEQRA tkrough the use of a GEIS process, and the subsequent need to determine the ultimate series of recommendations to be implemented, the Town Board sought to e~asure that sufficient time was set aside to complete the SEQRA process, meet legal mandates and accommodate social needs. In response to xvide pnblic interest in the DGEIS document, the To~m Board held three public hearings and kept the hearing process open tmtil July 15, 2003 in order to facilitate public review and conunent. A Final GEIS and a Notice of Completion o£ the Final GEIS ~as issued by the Town Board on September 9, 2003, and the public review period on the FGEIS was extended to September 22, 2003. A State Environmental Quality Review Act Findings Statement was adopted by the Town Board of September 23, 2003. The Town Board met at regLdar and special meetings to discuss relevant issues and possible courses of action. The Town Board voted to extend tltis moratorium by ninety (90) days on October 21, 2003 effective upon filing with the Department of State, which took place on November 17, 2003. Following the adoption of the th[rd moratorium extension, new Town Board members were elected and a new Town Attorney was appointed, effective January 1, 2004. Time xvas needed for these new officers to be brought up to speed on the extensive plarm'mg and SEQRA ~rork that had taken place during the moratorium. Accordingly, the moratorium was extended a fourth time on Jannary 6, 2004, to mn an additional one htmdred eighty days from February 11, 2004. During the past six months, the Board has considered many of the tools recommanded in the GEIS and taken steps to implement some of the recommendations. The amendments to the Subdivision Code have dominated the numerous discnssions, as well as the time of the planning and legal staff and To~xaa Board, over the past six months. The Subdivision amendments, including the Conservation Subdivision Pro,am, are substantially complete and xvill be the sabject of a public hearing on June 29, 2004. This is a si~ificant document, and the Board anticipates a period of x~'ritten conunent, revisions, and a second public hearing before the new Subdivision chapter is adopted. Further, the Town Board has worked diligently on the revision of the Affordable Housing District (AHD) regulations and leg/slatlon creating a Housing Ftmd. © © These are desigued to address the affordable housing crisis that presently exists in Southold. The AHD revisions were the subject ora lengthy and productive public hearing on June 1, 2004. The amendments were subsequently revised and wi/1 be discussed at public heating also on June 29, 2004. The Housing Ftmd legislation was adopted on May 18, 2004: The current moratorium is set to expire on Augqxst 9, 2004. Active planning has been and continues to take placer Work is proceeding. The Toxvn Board met in a xvork session on June 22, 2004, and discussed the projects to be tackled in the immediate future. These include continued discussions and implementation of several of the 43 tools and measures set forth in the GEIS. There are ongoing discussions concerning the crafting of le~slation creating a "Point System" to rank subdivision applications, which would give weight to projects meeting the Town's goals and emphasizing existing infrastructure. It is important that tiffs ranking of subdivision applications, as well as implementation of additional tools, be considered prior to the lifting of the moratorium. Further, a review of the plarming process for residential site plans ~vill be addressed. The Hamlet Plamting Initiative is underway, and the Town has retained an independent consultant to review the hamlets and define halo zones. Resident stakeholders are being appointed to ~oups fxom each hamlet that will work over the next 3-4 months with the consultant and provide valuable input into the needs of the hamlet, so that the future of these hamlets can be better defined using the principles of Smart Growth. It is expected that this study will be completed by November, and will form the basis for decisions to plan the future growth of the hamlets, i_e_ zone changes and other actions. The Town Board is considering a Transfer of Development Rights Program, the establishment of a Development Rights Land Bank, and a Rural Incentive District (RID). Further, it is anticipated that a final draft of the LWRP will be presented to the Town Board by early August for review and appropriate comment. The Toxxm Board feels that, with the revisions of the AID complete and the rewsion of the subdivision regulations anticipated to be completed by August 2004, it is appropriate to exclude applications for development in the AItD district from the moratorium extension. The lack of affordable housing has reached a crisis in the Town of Southold. Although the proposed © © solutions have been the subject of much discussion and debate over the past six months, both in the Town and the Village of Greenport, it is widely agreed that a crisis exists. The Town Board feels that the legislative changes that have been made to date will ensure perpetual affordability and fairness in the process, and they are willing to hear any AHD proposal without further delay. Additionally, the Town Board feels that an exclusion from the moratorium is appropriate at this time for subdivisions of no more than two (2) lots, on less than seven (7) acres of land. These parcels are generally too small for either preservation opporttmities or clustering of homes, and will not have a significant effect on density, infrastructure, agricultural lands, water supply, natural resources, rural character or other planning objectives_ These exclusions will not be effective until after the amended subdivision chapter has been adopted. Likewise, any new Conse~ation Subdivision Applications will be processed under the new chapter_ Conservation Subdivisions are already excluded from the moratorium pursuant to Section 4. The issues facing the Town of Southold and possible solutions to those issues are complex. The above referenced legislative solutions, as well as others recommended in the DGE[S, are being discussed and debated. Meanwhile the Tow~ continues to face significant development pressm'e. It is critical that the issues be grappled with in a comprehensive manner, crucial leg/slative decisions made and those decisions implemented. For the reasons stated above and to permit the Towna Board to decide on and enact needed le~slation to implement the Town's comprehensive platming, additional time is needed beyond the expiration of the current moratorium_ An additional extension of the moratorium xvill enable the Town to continue to focus on crafting and implementing a strategy to ensure that it actually achieves its planning objectives. This action is necessary in order to protect the character, natural resources, public services and facilities of the Toxvn of Southold and the public health, safety and welfare of Town residents. This local law is intended to extend the moratorium for an additional one hundred eighty (180) days from Augnst 5, 2004. Section 2. ENACTMENT OF TEMPORARY MORATORIUM © © For a period of One Hundred and Eighty (180) Days following the effective date of this Local Law after which date 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 One Hundred and Eighty (180) day period: 1) the Planning Board shall not accept for review, continue review', hold a hearing or make any decision upon any application for a subdivision, whether that subdivision application was submitted prior to or after the effective date of this law. This law applies to subdivisions (whether major subdixdsions or minor subdivisions) as defined in Southold Town Code § A-106-13. The statutory and locally-enacted time periods for processing and making decisions on ali aspects of subdivision applications (including, bttt not limited to, sketch plans, preliminary and final subdixfsion plats) are suspended and stayed while this Local Law is in effect; 2) the Planning Board shall not accept for review, continue review , hold a heating or make any decision upon any application for a site plan containing DWELLiNG UNIT(S), whether submitted prior to or afrer the effective date of this laxv, and shall not be subject to the time periods specified in Town Law § 274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of site plan applications containing dwelling unit(s) are suspended and stayed while this Local Law is in effect 3) The Zoning Board of Appeals shall not accept for review, continue review, hold a heating on, continue a hearing or make any decision upon any application for a special exception use permit which application is also subject to Planning Board approval pursuant to the Southold Town Code where the Planning Board is prohibited from revie~4ng, processing, holding hearings on and making decisions on because of the provisions of this local laxv, whether said application was submitted prior to or after the effective date of this local la~v. © Section 3. APPLICATION This local laxv shall apply to ALL [new or pending] applications for either subdivision approval or special exception use permits and site plans containing dwelling unit(s) within the Town of Southold. Section 4. EXCLUSIONS This Local Laxv shall not apply to: 1) 2) 3) 4) 5) 6) subdivisions for ~vhich final plat or conditional final plat approval was granted by the Plmming Board prior to the effective date of this local law; setoffs as del'reed in the definition of "Subdivision" in Southold Tovm Code section A106-13; Lot line applications; new or pending apphcations for the subdivision of a parcel of property where interests or rights in real property (the fee or any lesser interest, development rights, easement, covenant, or other contractual fight ) to a portion of that parcel have been sold or g/fled (for purposes of permanent preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the Coanty of Suffolk; the Peconic Land Trust or the Nature Conservancy, prior to the effective date of this local law; new or pending applications for the subdivision of a parcel of property where an executed contract (dated prior to the effective date of this local law) exists to either sell or g/fi interests or rights in real property (the fee or any lesser interest, developmeut rights, easement, covenant, or other coutracmal right ) to a portion of that parcel (for purposes of permanent preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the Comity of Suffolk; the Peconic Land Trust or the Nature Conservancy; new subdivision applications where an applicant has entered into a contract (dated after the effective date of this local law) to either sell or gift interests or rights in real property (the fee or any lesser interest, development rights, easement, covenant, or other contractual right ) to a portion of that parcel(for purposes o£ permanent , © © 7) 8) 9) 10) 11) preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Pecon/c Land Trust or the Nature Conservancy; provided that that portion of the property on which the interests or rights to property are being sold or giRed encompasses at least seventy five percem (75%) of the entire parcel. The follo~fng areas are not to be included in the calculation of the 75% threshold: that portion of the parcel which is wetlands (as defined by Chapter 97 of the Southold Town Code) , streams, creeks, ponds, slopes over 15%, underwater land, land encumbered by easements or other restrictions preventing use of such land for construction of buildings or development or land within the coastal erosion hazard area as defined by Chapter 37 of the Southold Town Code.; a site plan application for a two-family dwelling; a site plan application for a bed-and-breakfast; a site plan application for an accessory apartment(s); new or pending applications for subdivision of a parcel of property within the Affordable Housing District (AHD). This exclusion shall become effective in accordance with Section 8 of this law; new or pending applications for subdivision of no more than two (2) residentially zoned lots, on a parcel of land less than seven (7) acres, provided however that in no instance shall more than two (2) lots be obtained from any lot or parcel existing on the effective date of this law during the period of the moratorium. This exclusion shall become effective in accordance with Section 8 of this law. Section 5. 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 the provision of New York State Town Law this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town's muincipal home nde powers, ptLrsuant to Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supercede any inconsistent authority_ In particular, this local law supersedes Toxwn Law § 276, Town Law § 278, and Southold Town Code §§§ A106-2 I, A106-22, A106-23 and A106-24, which require that the planning board act upon, hold hearings on, and make decisions concerning subdivision applications (including, but not limited to, sketch plans, preliminary and final subdivision plats) within specified time periods. This local law suspends and stays the nmning of time periods for processing, acting upon, holding hearings on, making decisions and taking action on such subdivision applications (including, but not limited to, sketch plans, preliminary and fmal snbdivision plats) provided for in those laws. And, to the extent and de~ee any provisions of this Local Law are construed as being inconsistent with the provisions of Town Laxv §§§§ 267, 267-a, 267-b, 267-c or 282 relating to the authority to grant variances, waivers or other relief from this Local Law, this Local La~v is intended to supersede and amend any said inconsistent authority. And, to the extent and de~ee any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law § 274-a and the provisions and requirements set forth in Article XXV of the Southold Town Code, which require that the Planning Board process, review, hold heatings on, mid act upon applications for site plans within specified time periods, this local law suspends and stays the running of time periods for processing, review, holding heatings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. And to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Laxv §§ 267-a and 274-b and the provisions of Article XXVI of the Southold Town Code, which require that the Zoning Board of Appeals act upon applications for special exception use permits within specified time periods, this local law suspends and stays the running of time periods for processing, reviewhlg, holding hearings on mid making decisions on such applications provided for in those laws and is intended to supercede and said inconsistent authority_ Section 6_ APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this I-ocal Law, in its legislative discretion, upon its determination, that such variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver ~41l not adversely affect the purpose of this local law, the health, safety or welfare of the Town of Southold or any comprehansive planning being undertaken in the Town. The Town Board shall · , © © take into account the existing land use in the immediate xdcinity of the property and the impact of the variance or waiver on the ~vater supply, agricultural lands, open and recreational space, raral character, naturalresources, andtransportafioninfl-astmcmre oftheTown. The application must comply with all other applicable provisions of the Southold Tovax Code. b. Any request for a variance or waix~er shall be filed with the Toxvn Clerk and shall inchde a fee of five hundred ($250.00) dollars for the processing of such application, along with copies of such plat showh~g all required improvements in accordance with the procedures of §Al06-25, § A106-27 and Articles III and IV of Chapter A106 of the Southold Town Code. c_ Ail such apphcarions shall, within five (5) days be referred to the Planning Board, which shall have thirty (30) days follmving receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board which may conduct a public hearing and make a final decision on the application, with or withunt conditions. Final approval is reserved to the absolute legislative discretion of the Town Board Section 7. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgmant shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 8. EFFECTIVE DATE This Local Law shall take effect on August 5, 2004 after filing xvith the Secretary of State. The exclusions set forth in Section 4, (10) and (ll), shall not be effective until after the adoption of proposed Local Law number 18 of 2004 relating to Subdivision of Land. Elizabeth A. Neville Southold Town Clerk STATE Of NEw YORK DEPARTMENT (DF STATE 4 I STATE STREET ALBANy, NY I P-2~ I ~DO0 [ GEORGe E. PATAKI August 6, 2004 Elizabeth A Neville South Town Clerk Town Hail, 53095 Main Road PO Box 1179 Southold NY 11971 RECEIVED AUG 1 6 2004 $outhold Tower Clerk RE: Town of Southold, Local .Law 14, 15, 16 & 17, 2004 filed on July 30~. 2004 To Whom It May Concern: The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Linda Lasch Principal Clerk State Records & Law Bureau (518) 474-2755 Local Law Filin,z YORK STATE DEPARTMENT OF STATE 41 STATE STREET, .~LB)g~'~ NY 12231 (Use this form to file a local law with the Secretal~' of State.) Text of Ia,*' should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of SOUTHOLD LOCAL LAW NO. 15 of 2004 A Local Law In Relation to a One Hundred and Eighty (180) Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Urdt(s) in the Tm~m of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1_ PURPOSE Moratorium Extension I. Le~slative Intent A Town-wide moratorium on subdivisions, special exception use permits, and site plans containing dwelling milts was enacted by the To~xt Board of the Town of Southold on August 20, 2002_ To date this moratorium has been extended four times, first by six months, twice by 90 days, and again by six months. The c'urrent moratorium is set to expire on August 9, 2004. The moratorium was intended to provide sufficient time for the Town to consider the recommendations of the Blue Ribbon Commission and to comprehensively review Town planning issues. These issues include affordable housing, completion of the Local Waterfront Revitalization Plml (LWRP), consideration of public infrastructure, hamlet areas, natural a_nd en~troranental resources, and transportation systems. In August, 2002, the Town Board established a moratorium planning team consisting of the Town attorney, Town plarm~r and land preservation coordinator. The team also included ~two planning cmtsultants and two attome3rs specializing in planning and land use hired by the Town Board. This moratorium planning team met on a regular basis to advance the tasks and schedule as authorized by the Town Board. The team completed a number of important tasks, inclnding: (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(V.~v.n.9~) (1) © © · re~Sexv of past studies; · synthesis of past planning recommendations; · review of Town Code, policies and defufitions; · preparation of Geographic Information System (GIS) resource maps in cooperation with Town data processing staffto document Town characteristics; · review of technical information and facts to be used in completing the GEIS and planning initiative review; · initial review of Town affordable housing policies; · initial m~'iew nfhamlet centers, transition zones and rural areas of the Town; · meetings and inte~iews with Town staff and department heads; · preparation of materials and updates of ongoing acti_vities that were placed on the Town's website for public information purposes; · public informational meetings, Town Board updates and dialogue with the Town Board regarding policy considerations; · preparation of draft documents for Town Board implementation and conformance with State Environmental Quali .fy Review Act (SEQRA) procedures; · preparation of a build-out analysis; · preparation of the Draft GEIS; and · three public heatings on the Draft GEIS: and · preparation of Final GEIS. The Town Board reco~m~ized the need to comply with SEQRA, and understands the value of this process. The action was of Town-wide significance and was considered to be a Type I action which is more likely to require an envSrmunental impact statement. As a result, the Town Board adopted a number of documents in conformance x~4th SEQRA, including the following: classification of the action as a Type I action; designation of the Town Board as lead agency,; preparation of an environmental assessment form; issuance of a Positive Declaration; acceptance nfa Draft GEIS; and acceptance of a final GEIS. The Drafi GEIS prepared for the Town is more than an ensSronmental impact statement, it is a sigmficant and comprehensive document that considers implementation of forty-three (43) plarming and program tools and measures that have been recommended in the Town during the past twenty years. These recommendations are anal)~ed in depth in terms of the current Town needs and goals. The recommendations call for legislative changes and modification to Tow-n policy and procedures, all designed to better implc~rnent the Town's Comprehensive Plarm~g efforts_ Recognizing the significance of the ;action, the need and desirability to com~ly with SEQRA through the use of a GEIS process, and the subsequent need to determine the uttimate series of recommendations to be implemented, the Town Board sought to ensure that sufficient time was set aside to complete the SEQRA process, meet legal mandates and accommodate social needs. In response to wide public interest/n the DGEIS document, the Town Board held three public heatings and kept the heating process open until July 15, 2003 in order to facilitate public review and comment. A Final GEIS and a Notice of Completion of the Final GEIS was issued by the Town Board on September 9, 2003, and the public review period on the FGEIS was extended to September 22, 2003_ A State Environmental Quality Review Act Findings Statement was adopted by the Town Board of September 23, 2003. The Town Board met at regular and special meetings to discuss relevant issues and possible comes of action. The Town Board voted to extend this moratorium by ~inety (90) days on October 21, 2003 effe~dve upon filing with the Department of State, winch took place on November 17, 2003_ Following the adoption of the third moratorium extension, new Town Board members were elected and a new Toaax Attorney was appointed, effective January 1, 2004. Time was needed for these new officers to be brought up to speed on the extensive planning and SEQRA work that had taken place during the moratorium. Accordingly, the moratorium was extended a fourth time on January 6, 2004, to nm an additional one hundred eighty days from February. 1I, 2004_ During the past six months, the Board has considered many of the tools recommended in the GEIS and taken steps to implement some of the recommendations_ The amendments to the Subdivision Code have dominated the numerous discussions, as well as the time of the planning and legal staff and Town Board, over the past six months. The Subdivision amendments, including the Conservation Subdixfsion Program, are substantially complete and will be the subject of a public hearing on lune 29, 2004. This is a significant document, and the Board anticipates a period of written comment, revisions, and a second public hearing before the new Subdivision chapter is adopted. Further, the Town Board has worked diligently on the revision of the Affordable Housing District (AHD) regulations and le~slation creating a Housing Fund. These are designed to address the affordable housing crisis that presently exists in Southold. The Al-ID revisions were the subject ora lengthy and productive public hearing on June 1, 2004_ The amendinants were subsequently revised and will be discussed at public heating also on June 29, 2004. The Housing Fund legislation was adopted on May 18, 2004. The current moratorium is set to expire on August 9, 2004. Active planning has been and continues to take place_ Work is proceeding. The To,am Board met in a work session on Jmxe 22, 2004, and discussed the projects to be tackled in the immediate future. These include con inued discussions and implementation of several of the 43 tools and measures set forth in the GEIS. There are ongoing discussions concerning the crafting of Iegislation creating a "Point System" to rank subdivision appl/cations, which would give weight to projects meeting the Town's goals and emphasizing existing infi-astructure. It is important that this ranking of subdivision applications, as well as implementation of additional tools, be considered prior to the lifting of tlie moratorium. Further, a review of' the planning process for residential site plans will be addressed. The Hamlet Plamimg Initiative is underway, and the Town has retained an independent consultant to reviexv the hamlets and define halo zones. Resident stakeholders are being appointed to groups fi.om each hamlet that will work over the next 3-4 months with the consultant and provide valuable input into the needs of the hamlet, so that tho future of these hamlets can be better defined using the principles of Smart Growth. It is expected that this study will be completed by November, and wilt form the basis for decisions to plan the future growth of the hamlets, i.e. zone changes and other actions. The Town Board is considering a Transfer of Development Rights Program, the establishment of a Development Pdghts Land Bank, and a Rural Incentive District (RID)_ Further, it is anticipated that a final draft of the LWRP will be presented to the Town Board by early August for review and appropriate comment. The Town Board feels that, w~th the revisions of the AHD complete and the revision of the subdivision regulations anticipated to be completed by August 2004, it is appropriate to exclude applications for development in the AHD district from the moratorium extension. The lack of affordable housing has reached a crisis in the Town of Southold- Althouo~ the proposed solutions have been the subject of much discussion and debate over the past s~_x months, both in the Town and the Village of Greenport, it is widely agreed that a crisis exists. The Town Board feels that the le~slative changes that have been made to date wilt ensure perpetual affordabil/ty and fairness in the process, and they are willing to hear any AHD proposal without further delay. Additionally, the Toxvn Board feels that an exclusion fi.om the momtoriu.m is appropriate at this time for subdivisions of no more than two (2) lots, on less than seven (7) acres of land. These parcels are generally too small for either prese~ation opportunities or clustering of homes, and will not have a significant effect on density, infi.astructure, agricultural lands, water supply, natural resources, rural character or other planning objectives. These exclusions will not be effective until after the amended subdivision chapter has been adopted. Likewise, any new Conservation Subdivision Applicatmns will be processed under the new chapter. Conservation Subdivisions are already excluded from the moratorium pursuant to Section 4. The issues facing the Town of Southold and possible solutions to those issues are complex_ The above referenced legislative solutions, as well as others recommended in the DGEIS, are being discussed and debated. Meam~qfile the Town continues t~ face sign[fica.ut development pressure. It is crifical that the issues be grappled with in a comprehensive manner, crucial legislative decisions made and those decisions implemented. For the reasons stated above and to permit the Towxt Board to decide on and enact needed legislation to implement the Town's comprehensive planning, additional time is needed beyond the expiration of the current moratorium. An additional extens'~on of the moratorium will enable the To~m to continue to focus on crafting and implementing a strategy to ensure that it actually achieves its plarming objectives. This action is necessary in order to protect the character, natural resources, public sen4ces and facilities of the Town of Southold and the pubhc health, safety and welfare of Town residents_ This local law is intended to extend the moratorium for an additional one hundred eighty (180) days from August 5, 2004. Section 2. ENACTMENT OF TEMPORARY MO1L{TORIUM For a period of One Hundred and Eighty (180) Days followmg the effective date of this Local Law after xvhich date this Local Law shall lapse and be xvithout further force and effect and subject to any other Local Law adopted by the Town Board during the One Hundred and Eighty (I 80) day period: 1) the Planning Board shall not accept for rex~iew, continue review, hold a hearing or make any decision upon any application for a subdivision, xvhether that subdivision apphcation was sub~mtted prior to or after the effective date of this law. This lmv applies to subdivisions (whether major subdivisions or minor subdivisions) as defined in Southold Town Code § A- 106-13. The statutory and locally-enacted time periods for processing and making decisions on all aspects of subdivision applications (including, but not limited to, sketch plans, prelim[nary and final subdivision plats) are suspended and stayed while this Local Law is in effect; 2) the Planning Board shall not accept for review, continue review, hold a heating or make any decision upon any application for a site plan containing DWELLiNG UNIT(S), ~vhether submttted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of heatings and the rendering of decisions. The statutory and locally-enacted time periods for processing and mahng decisions on all aspects of site plan applications containing dwelling unit(s) are suspended and stayed while this Local Laxv is in effect 3) Tlie Zoning Board of Appeals shall not accept for rexqew, continue review, hold a heating on, continue a hearing or make any decision upon any application for a special exception use permit which application is also subject to Planning Board approval pursuant to the Southold Town Code where the Planning Board is prohibited fi.om rex4exving, processing, holding b fh 0 f 11 hearings on and ~smrm~g decisions on ecause o t e provi~ons o this loca aw, whether said application was submitted prior to or after the effective date of this iocal law. Section 3. APPLICATION This local law shall apply to ALL [new or pending] applications for either subdivision approval or special exception use permits and site plans containing dwelling m~t(s) within the Town of Southold. Sec~on 4. EXCLUSIONS This Local Law shall not apply to: 1) 2) 3) 4) 5) 6) subdivisions for which final plat or conditional final plat. approval was granted by the Planning Board prior to the effective date of this local law; setoffs as defined in the definition of"Subdivision" in Southold Town Code section A106-13; Lot line applications; new or pending applications for the subdivision of a parcel of property where interests or rights in real property (the t~e or any lesser interest, development rights, easement, covenant, or other contractual right ) to a portion of that parcel have been sold or gifted (for purposes of permanent preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy, prior to the effective date oftl~s local law; new or pending applications for the subdivision ora parcel of property where an executed contract (dated prior to the effective date of this local law) exists to e~ther sell or gift interests or rights in real property (the fee or any lesser interest, development fights, easement, covenant, or other contractual fight ) to a portion of that parcel (for purposes of permanent preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Pecedic Land Trust or the Nature Conservancy; new subdivision applications where an applicant has entered into a contract (dated after the effective date of this local law) to either sdl or gift interests or rights in real property (the fee or any lesser interest, development rights, easement, covenant, or other contractual right ) to a portion of that parcel(for purposes of permanent prese~tion) to either the Toxvn of Southold (pursuant to either chapter 6, 25 or 59 of the Sonthold Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy; provided that that portion of the property on which the interests or rights to property are being sold or gifted encompasses at least seventy five percent (75%) of the entire parcel. The following areas are not to be included m the calculation of the 75% threshold: that portion of the parcel which is wetlands (as defined by Chapter 97 of the Southold Toxvn Code), streams, creeks, ponds, slopes over 15%, underwater land, land encumbered by easements or other 7) 8) 9) 10) 11) © ' ' o-- for construction of bulld~ngs or development or land within resmctlons preventing use of such land ' ~ the coastal erosion hazard area as defined by Chapter 37 of the Southold Toxvn Code.; a site plan application for a two-family dwelling; a site plan application for abed-and-breakfast; a site plan appl/cation for an accessory apartment(s); new or pending applications for subdivision ora parcel of property within the .M~fordable Housing District (AHD). This exclusion shall become effective in accordance with Section 8 of this law; new or pending applications for subdivision of no more than two (2) residentially zoned lots, on a parcel of land less than s~ven (7) acres, provided however that iano instance shall more than two (2) lots be obtained from any lot or parcel existing on the effective date of this law during the period of the moratorittm_ This exclusion shah become effective in accordance with Section 8 of this law. Section 5. CONFLICT WITH STATE STATUTES ~2qD AUTHORITY TO SUPERSEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provision of New York State Town Laxv this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Totvn's municipal home role powers, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3); 8 10(1)0i)(a)(14) and 8 22 to supercede any inconsistent authority_ In particular, this local latv supersedes Town Law § 276, Town Law § 278, and Southold Town Code § § 8 A106-21, A106-22, A106-23 and A106-24, which require that the planning board act upon, hold hearin~ on, and make decisions concerrdng subdivision applications (including, but not l/m/ted to, sketch plans, preliminary and final subdivision plats) with/n specified time periods. This local laxv suspends and stays the running of time periods for processing, acting upon, hoIding hearings on. making decisions and taking action on such subdivision applications (including, but not limited to, sketch plans, preliminary and final subdivision plats) provided for in those laws. ~nd, to the extent and degree any provisions of thts Local Law' are construed as being inconsistent with the provisions of Town Law 8888 267, 267-a, 267-b, 267-c or 282 relating to the authority to grant variances, waivers or other relief from this Local Law, this Local Law is intended to supersede and mend any said inconsistent authority. And, to the ~xtent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law 8 274-a and the provisions and requirements set forth in Article XXV of the Southold Town Code, which requixe that the Planning Board process, review, hold hearings on, and act upon applications for site plans within specified time periods, this local law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority_ And to the extent and degree any provisions of this Local Law are construed as being inconsistent with . ~ ~he proxcisSons of Town Law §§ 267~a and 274-b and the provisions of Afdd. e XX-VI of the Southold Town Code, which require that the Zonin.g Board of Appeals act upon applications~ for special exception use permits within specified time periods, this local law suspends and stays the intoning of time periods for processiug, reviewing, holding hearings on and. making decisions on such applications provided for in those laws and is intended to supercede and said inconsistent authority. Section 6. ,M~PEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination, that such variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such~ request, the Town Board must fred that a variance or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of the To,wa of Southold or any comprehenitve plannin g be'mg undertaken in the Town_ The Town Board shall take into account the existing land use in the immediate vic'mity of the property and the impact of the variance or waiver on the water supply, agricultural lands, open and recreational space, rural character, natural resources, and transportation infrastructure of the Town_ The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of five hundred ($250.00) dollars for the processing of such application, along with copies of such plat showing all required improvements in accordance with the procedures of §A106-25, § A106-27 and Articles III and IV of Chapter Al06 of the Southold Town Code. c_ Ali such applications shall, ~Sthin five (5) days be referred to the Planning Board, which shall have thirty (30) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board which may conduct a public hearing and make a final decision on the application, with or without conditions_ Final approval is reserv'ed to the absolute le~,mslative discretion of the Town Board Section 7. SEVERABILITY If m~y clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 8_ EFFECTiVE DATE This Local Law shall take effect on August 5, 2004 after filing with the Secretary of State_ The exclusions set forth in Section 4, (10) and (11), shall not be effective untd after the adoption of proposed Local Law number 18 of 2004 relating to Subdivision of Land. © © (Complete the certifica~on in the ,paragraph that applies to the fiffng of this local, law and strike out that which is not applicable.) t. (Final adoption by local legisIative body only.) I hereby certi/y that the local law annexed hereto, designated as local law No. 15 of 20 04 . o£the ...... ~,~v.~j/~Town),. __=_) of SOUTHOLD was duly passed by the TOWN BOARD on July 27, 2004 ~ 20 04 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, ut disapproval or repassage after disapproval by the Elective · Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by th~ on 20 , and was (approved)(not approved)(repassed after disapproval) by the and was deemed duly adopted on 20 in accordance with the applicable provisiot~s of law. 3. (Final adoption by referendum.) I hereby certify that the local law mmexed hereto, designated as iocal law No. of 20 of the (County)(Clty)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approvedXmpassed after disapproval) by the on 20 . Such local law was submitted to the people by reason ora (mandatory)(permissive) referendum, and received ~e aff'muative vote ora majority of the qualified et~cmrs voting thereon at the (geneml)(special)(annual) election held on 20 , in accordance with the applicable provisions o£law. 4. (Subject to permissive referendum and final adoption because no valid petition was fded requesting referendum.) I hereby certify that the local law annexed hereto, designated as loca/law No. of 20 of the (Cannly)(City)(Town)(Villagc) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) hy the on 20__ Such local law was subject to permissive referendum and no valid petition requestmg such referendim~ was filed as of 20 , in accordance with the applicable provisions of law * Elective Chie£ Executive Officer means or Includes the chief executive officer ora county elected on a county- wide basis or, If there be none, the chairperson of the county ie~slative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or orclinances. (2) (City lo~aI law concerning Charte~:revision proposed by petition.) [ hereby certify (hat the locai law annexed hereto, designated as iocai law No. of 20 __ of the C~ty of having been submitted to referendum pursuant to file provisions of section (36)(37) of the Mun~cipai Home Rule Law, and having received flae affmnative vote of a majority of the qualified electors of such city voting thereon at the (special)(genemI) elecfion held on 20 __, became operative. 6. (Count)' local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, desiglmted as local law No of 20 of the County of State of New York, haxdmg been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the IV[unicipai t{ome Rule Law, and having received the afiTLrmative vote of a majorky of the qualStied electors.of the ¢iries of said county as a un~ and a majority of the qual/fied electors of the towns of said county considered as a unit voting at said geaerai election, became operative_ (ifa.ny other authorized form of final adoption has been followed, please provide an appropriate certillcation-) I fimher certify that I have compared the preceding local law with the ori~-dnal on f'de in tins office and that the same is a correct transcript therelkom and of the whole of such original local law, and aras finally adopted in the manner indicated in pam~aph 1 , above. Elizabeth A. NexSIle, Tm~a Clerk (Seal) Date: July 28, 2004 (Certification to be executed by County. Attorney, Corporation Counsel, Tow~ Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SI_~ ~'OLK I, the undemigned, hereby certify that the foregoing local law co,'ms the correct texl and that all proper proceedings have been had or taken for the enactment of the local law annexed/hereto. ,~ z-~ / ') / I Patrieia A. Finnegan, Esq.,¥~own A/ttot~he¥ Title ~ CiB~ Town of SOUTHOLD Date: July 28, 2004 O) SOUTHOLD TOX~,gxT BOARD PUBLIC HEARING July 27, 2004 5:05 P.M. HEARING ON "A LOCAL LAW IN RELATION TO A ONE HUNDRED AND EIGHTY (180) DAY EXTENSION OF TIlE TEMPOILadlY MORATORIUM ON THE PROCESSING~ REVIE;V OF, A1VD MAKING DECISIONS ON APPLICATIONS FOR MAJOR :iSLrBDIVISIONS, MINOR SUBDI~qSIONS AND SPECL4L EXCEPTION USE PER~HTS AND :(SITE PL.4aNS CONTAINING DWELLING UNIT(S) IN THE TOg~2~ OF SOUTHOLD." Present: Superx'isor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Conucilman Thomas H. Wickham Councilman Dan/el C. Ross Councihnan William P. Edwards Toxxm Clerk Elizabeth A. Nex41le Town Attorney Patricia A. Fiimegan COUNCILMAN WICKItAIvi: NOTICE IS HEREBY GIVEN that there has been presented to the Toxin2 Board of the Town of Southold, Suffolk County, New York, on the 29th day of June, 2004, a Local Law entitled, "A Local Law In Relation to a One Hnndred and Eigh .ty (I80) Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Maior Subdivisions. Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold"; and NOTICE IS HEREBY FURTHER GIVEN that the Toxxm Board of the Toxxm of Southold MI1 hold a public hearing on/he aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 27th day of July at 5:05 p.m. at which time all interested persons will be given an opportanity to be heard. The proposed local law emitled, "A Local Law In Relation to a One Hundred and Eighty (180) Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdixdsions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold' reads as follows: LOCAL LAW NO. 2004 A Local Law In Relation to a One Hundred and Eighty (180) Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Snbdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: July 27, 2004 Public Hearing-Subdivision Moratorimn 2 Section 1. PURPOSE Moratorium Extension I. Legislative Intent A Town-~ide moratorium on subdi~isions~ special exception use permits, and site plans eo~tamm~[ dwelling umts was enaCted by the Town Board of the Town of Sonthold on August 20, 2002. To, dal~e this' moratorium has been extended four times, first by six months, twice by 90 · days, .and again by six months. The current moratorium is set to expire on August 9, 2004. The moratorium was intended to provide sufficient time for the Town to consider the i~ecolnmendations' .of the Blue Ribbon Commission and to comprehensively review Town Planning' issues. These issues Include affordable housIng, completion of the Local Waterfront "Revita!iz~t}~n Plan (I,'~VRP)~ consideration of public infrastructure, hamlet areas~ natural and envirOnn/e~ital i'e~ourees, and transportation systems-. In August, 2002~ the Town Board established a moratorium planning, team eonsistin~ of.the -Town: ~ttarn~ev, To~yn.'01anuer and land preServatiofi: coordinatoi'. The team also included two ~a~.~mi~altii~ia~d two att~i'nevs specializing in planning and land nsc hired b~ ithe B,~ar~i2 ~l'lMs iuoratorltim planninff team met on a regular basis to advance the tasks and schedule · as 'afi~eti by~h~e Tmvn BoarCL'The team eompl~te~l a numbei- of important tasks~incinding: · rewe~v 'o f pa~t studies; · s~esis 9f.past planning recommendations; · review of'T°wn·Code, policies and definitions; · pmparati~ (~f Geographic I~formafign System (GIS) resource maps in cooperation with Town data pr~ocess~ sta~to doenn~ent Town characteristics; · review of retire[cai infomxafion and facts to be used in completing the GEIS and plarafing initiative review; · initial review of Town affordable housing policies; · ~m~xal remew of hamlet cen~ers, transition zones and rural areas of the Town; · meetings and mtervmws ~th Town staff and department heads; · prOparafion of materials and updates of ongoing activities that were placed on the Town's w~bsite for public information purposes; · pul~lic informational meetings, To~m Board updates and dialogue with the Tm~m Board regarding policy considerations; · preparation of draft documents for Town Board implementation and conformance with State Enyironmental Quality Reriew Act (SEQRA) procedures; · preparation ora build-out analysis; · PreParation of the Draft GEiS; and · fl~reepublic hearh~gs on the Draft GELS: and · preparation of Final GELS. The Town:Board recognized the need to comply with SEQRA, and understands the value of this process. The action was of Towax-wide signiticance m~d was considered to be a Type I action which is more likel~ to reqni~e an en~fronmental impact statement. As a result, the Tow~ Board adopted a number of docamenxs in conformance ~'ith SEQRA, including the following: classification of the action as 'a Type I action; designation of the Towm Board as lead agency; preparation of an environmental assessment form; issuance of a Positive Declaration; acceptance of a Draft GELS; and acceptance of a final GELS. The Drafti GELS prepared for the Town is more than an environmental impact statement, it is a sig-nificant~ and comprehensive document that considers implementation of forty-three (43) planning July 27, 2OO4 Public Hearing-Subdivision Moratorium 3 and program tools and measttres that have been recommended in the Town during the past t~venty years_ These recommendations are analyzed in depth in terms of the current Town needs and goals. The recommendations call for legislative changes and modification to Town policy and procedures, all :designed :to better implement the Toxm~'s Comprehensive Planning efforts. Recognizing the significance of the action, the need and desirability to comply with SEQRA through the use of a GEIS process, and the subsequent need to determine the ultimate series of recommendations to be implemented, the Town Board sought to ensure that sufficient t/me was set aside to ~comPlete the SEQRA process, meet legal mandates and accommodate social needs. In response ~ro wide public interest in the DGEIS doctunent, the Totem Board held three public heatings and kept the hearing process open until July 15, 2003 in order to facilitate public review and comment. Al~Final GE]iS and a Notice of Completion of the Final GEIS was. issued by tlte Town Board on September 9, 2003, and the public review period on the FGIEIS was extended to September 22, 2003. A State Environmental Qtmlity Rex4ew Act Findings Statement was adopted by the Town Board of September 23, 2003. The Towi1 Board met at regular and special meetings to di~ctms relevant issues and possible courses, of ac/ion_ Tile T, oam Board voted to extend this moratorium by ninety (90) days on October 2l, 2003 effective lupon filing wi,th the Department of State, which took place on November 17, 2003. Following th¢ adoPtion of the third moratorium exte~ion, new To~xm Board members were elected and a ne~ Town Attorney was appointed, effective January 1, 2004. Time xvas needed for these new officers to be brought up to speed on the extensive planning and SEQRA work that had taken place during th~ mpratorinm. Accordingly, the moratodtun was extended a fourth time on January 6, 2004, to run an hdditiunal one hundred eighty days ~om February 11, 2004_ D¢ring the past six months, the Board has con, sidered many of the tools recommended in the GElS andI taken steps to implement some of the recommendations. The amendments to the Subdivision Code hay9 dominated the numerous discussions, as well as the time of the planning and legal staff and Town BoCrd, over the past six months. The Subdivision amendments, including the Conservation Subdivision Program, are substantially complete and will be the subject of a public heating on June 29, 2004_ Thig is a significant documem, and the Board anticipates a period of ~xq-itten conunent, revisions, I . · and a second public hearing before the new Subdi~fsion chapter is. adopted. Further, the Town Board has worked diligently on the revision of the Affordable Housing District (AHD) regulations and legislation creating a Housing Fund. These are designed to address the affordable housing crisis that presently Cx~ ,sts m Southoid. The AHD revisions were the subject of a len~hy and productive public heating on June 1, 2004. The amendinents were subsequently re~qsed and wil/be discussed at public hearh~g al!o on Jtme 29, 2004. The Housing Fund legislation was adopted on May 18, 2004. The curre~tt moratorium is set to expire on August 9, 2004_ Active planning has been and continues to take place. Work is proceeding. The Town Board met in a work session on June 22, 2004, and discussed ithe projects to be tackled in the iuunediate future. These include conthmed discussions and implemeniatiun of several of the 43 tools and measures set forth in the GEIS. There are ongoing discussion~ concerning the crafting of legislation creating a "Point System" to rank subdivision applications, which would give weight to projects meeih~g the Town's goals and emphasizing existing mfrastructure. It ~s ~mportant that tins rat~ktng of subdtr~ston apphcat~ons, as well as ~mplementanon of addittonal tools, be cCnsidered prior to the lifting of the moratorium. Further, a review of the planning process for residentiallsite plans will be addressed. The Hamlet Plamcng Initiative is underway, and the Town has retained an independent consultant to review the hmnlets and define halo zones. Resident stakeholders are being hppointed to groups fi'om each hamlet that will work over the next 3-4 months with the July 27, 2004 Public Hearing-Subdivision Moratorinn~ 4 consultant and provide valuable input into the needs of the hamlet, so that the future of these hamlets can be better defined using the principles of Smart Gro~x~h. It is expected that this study will be completed by November, and will form the basis for decisions to plan the future groxvth of the hamlets, i.e. zone chang-es and other actions. The Town Board is considering a Transfer of Development Rights Program, .the establishment of a Development Rights Land Bank, and a Rural Incentive District (RID). Further, it is anticipated that a final draft of the LWRP will be presented to the Town Board by early August for review and appropriate cormnent. The Town Board feels that, with the revisions of the AHD complete and the re~'ision of the subdivision regulat/ous anticipated to be completed by August 2004, it is appropriate to exclude applications for development in the AHD district from the muratorinm extension. The lack of affordable housing has reached a crisis in1 the Town of Southold. Although the proposed solutions have been the subject of much discussion and debate over the past six months, both in the Town and the Village of Oreenport, it is widely,agreed that a crisis exists~ The To~vn Board feels that the legi~Latixre changes that have been made to date will ensure perpetual affordability and lb/mess in the process, and they are ~5/ling to hear any AHD, proposal without further delay. Additionally, the Town Board feels that an exclusion from the moratorium is appropriate at this time for subdi~-isions of no more than two (2) lots, on less than seven (7) acres of land. These parcels are generally too small for either preservation oppolxunifies or clustering of homes, and will not have a significant effect on density, infrastructure, agricultural lands, water supply, natural resources, rural character or other planning objectives_ These exclusions will not be effective until after the amended subdivision chapter has been adopted. Likewise, any new Conservation Subdivision Applications will be processed under the new chapter. Conservation Subdixfisions are akeady excluded from the moratorium pursuant to Section 4. The issues facing the Town of Southold and possible solutions to those issues are complex. The above referencec~ legislative solutions, as well as ochers recourmended in the DGEIS, are being discussed and debated. IMean~vhile the Town continues to face significant development pressure. It is critical that the issuesi be grappled with in a comprehensive manner, crucial legislative decisions made and those decisions ~mplemented- For the reasons stated above and to perntit the Tmxm Board to decide on and enact needed legislation to implement the Town's comprehensive planning, additional time is needed beyond the expiration of the current moratorium. An additional extension of the moratorium will enable th~ Tox~rn to continue to focus on crafting and implementing a strategy to ensure that it actually achieves its planning objectives. This action is necessary in order to protect the character, natural resources,i public services and facilities of the Town of Southold and the public health, safety and welfare of Town residents. This local law is intended to extend the moratorium for an additional one hundred eighty (180) days from August 5, 2004. Section 2. ENACTMENT OF TEMPORARY MOP, a'~TORIUM For a period of One Hundred and Eighty (180) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without fitrther force and effect and subject to any other,Local Law adopted by the To~xm Board during the One Hundred and Eighty (180) day period: 1) the Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a subdivision, whether that subdivision application was submitted prior to or after the effective date of this law. This law applies to subdivisions (xvhether major subdivisions or minor subdivisions) as defined in Southold Town Code § A-106-13. The statutory and locally-enacted time periods July 27, 2004 5 Public Hearing-Subdivision Moratorium for processing and making decisions on all aspects of subdi~Ssion applications (includh~g, but not limited to, sketch plans, preliminary and final subdixfsion plats) are suspended and stayed while this Local Laxv is in effect; 2) the Planning Board shall not accept for rex4ew, conth~ue review, hold a hearing or make any decision upon any application for a site plan contMning DWELLING UNIT(S)~ whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the, processing, re,Sewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of site plan applications conta'ming dwelling unit(s) are suspended and- stayed while this Local Law is in effect 3) The Z6ning Board of Appeals shall not accept for review, continue review, hold a heating on, continue a hearing or make any decision upon any application for a special exception use permit whicli application is also subject to Planning Board approval pursuant to the So,hold Town Code a~et-e the Plamfing Board is prokibited from reviewing, processing, holding hearings on and making decisions on because of the provisions of this local law, whether said application was submitted prior to or after the effective date of this local law. 4) Section 3. APPLICATION This local law shall apply to ALL [new or pending] applications for either subdivision approval or special exception use permits and site plans couta~n{ng dwelling milt(s) within the Toxxm of Southold. Section 4. EXCLUSIONS This Local Law shall not apply to: 1) subdivisions for which final plat or conditional final plat approval was ~anted by the Planning Board prior to the effective date of this local law; 2) setoffs as defined in the definition of "Subdivision" in Southold Toam Code section A106- 13; 3) Lot llne applications; 4) new or pending applications for the subdivision of a parcel of property ~vhere interests or rights in real property (the fee or any lesser interest, development rights, easement, covenant, or other contractual right ) to a portion of that parcel have been sold or gifted (for purposes of pemmnent preservation) to either the Town of Sonthold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Pecen/c Land Trust or the Nature Conservancy, prior to the effective date of this local law; 5) new or pending applications for the subdivision of a parcel of property where an executed contract (dated prior to the effective date of this local law) exists to either sell or gift interests or rights in real property (the fee or any lesser interest, development tigris, easement, covenant, or other contractual figlit ) to a portion of that parcel (for purposes of permanent preservation) to either the Toxxm of Sonthold (pursuant to either chapter 6, 25 or 59 of the Southold Towm code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy; 6) new subdivision applications where an applicant h~ entered into a contract (dated after the effective date of this local law) to either sell or gift interests or rights in real property (the July 27, 2004 Public Hearing-Subdivision Moratorium 6 7) 8) 9) 10) 11) fee or any lesser interest, development rights, easement, covenant, or other contractual right ) to a portion of that parcel(for purposes of permanent preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the Southold To~m code); the County of Suffolk; the Peconlc Land Trust or the Nature Conservancy; provided that that portion of the property on which the interests or rights to property are being sold or gifted encompasses at least seventy five percent (75%) of the entire parcel. The following areas are not to be included in the calculation of the 75% threshold: that portion of the parcel which is wetlands (as defined by Chapter 97 of the Sonthold Toxxm Code), streams, creeks, ponds, slopes over 15%, tmderwater land, land encumbered by easements or other restrictions preventing use of such land for construction of buildings or development or land within the coastal erosion hazard area as defined by Chapter 37 of the Southold Town Code.; a site plan application for a two-family dwelling; a site plan application for a bed-and-breaklnast; a site plan application for an accessory apartment(s); new or pendhlg applications for subdivision of a parcel of propex~y within the Affordable Housing District (AHD). This exclusion shall become effective in accordance with Section 8 of this law; new or pending applications for subdivision of no more than two (2) residentially zoned lots, on a parcel of land less than seven (7) acres, provided however that in no instance shall more than two (2) lots be obtained from any lot or parcel existing on the effective date of this law during the period of the moratoriun~. Tkis exclusion shall become effective in accordance with Section 8 of this law. Section 5_ CONFLICT ~VITH STATE STATUTES ,a24D AUTHORITY TO SUPERSEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent xvith the provision of New York State Town Law this LocaI Law supersedes, amends and takes precedence over NYS To~vn Law pttrsuant to the Town's municipal home nde powers, pursuam to Municipal Home Rule Law 8 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and 8 22 to supercede any inconsistent authority. h~ particular, this local law supersedes Town Law 8 276, Town Law 8 278, and Southold Town Code §§8 A106-21, A106-22, A106~23 and A106-24, wkich require that the planning board act upon, hold hearings on, and make decisions concerning subdivision applications (including, but not lhnited to, sketch plans, preliminary and final subdivision plats) within specified time periods. This local law suspends and stays the running of time periods for processing, acting upon, holding hearings on, making decisions and taking action on such subdivision applications (including, but not limited to, sketch plans, preliminary and final subdivision plats) provided for in those laws. And, to the extent and degree any provisions of this Local Law are construed as being inconsistem with the provisions of Town Law 88§8 267, 267-a, 267-b, 267-c or 282 relating to the authority to grant variances, waivers or other relief from tiffs Local Law, tiffs Local Law is intended to supersede and amend any said inconsistent authority_ And, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law § 274-a and the provisinns and reqtdrements set forth in )a-ticle XXV of/he Southold Tox~m Code, which reqtfire that the Plarm/ng Board process, review, hold hearings on, and act upon applications for ske plans within specified time periods, this local law suspends and stays the runn/ng of time periods for processing, review, holding hearings on, making July 27, 2004 Public Hearing-Subdivision Moratorium 7 decisions, and taking action on such applications provided for in those laxvs and is intended to supersede and amend any said inconsistent authority. And to the extent and degree any provisions of this Local Law are construed as being mconststeut xwth the provisions of Tmwn Law §§ 267-a and 274-b and the prox4sions of Article XXVI of the So&thold To~m Code, which require that the Zon/ng Board of Appeals act upon applications for special es~eptmn use pernuts xmthin specified tune periods, this local law susp~:n_d~ and stays the running o~ time periods for processing, reviewing, hold/rig hearings on and m ~aking decisions on such applicatiqns provided for in those laws and is intended to supercede and said inconsistent authority. Section 6i APPEAL PROCEDURES a. ! The Town Board shall have the authority to vary or waive the application of any provisional this Local Law, in its le~slafive discretion, upon its determination, that such variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must firtd that a ~ anance or x~ atver will not adversely affect the purpose of tiffs local~aw, the heal_th, safety or welfare of the Town of Southold or any comprehensive planning being mr~ertaken in the Town_ The Town Board shall take into account the existing land use in the immediate vicinity 0fthe property'and the impact of the variance o~' waiver on'the water supply, agricultural lands, open and recreafioi,ncal space, rural cliaracter, natural resources, an(~ transportation infrastructure of the Town. The application must comply ~5th all other applicable provisions of the South61d ~own Code. r b. I Any request for a variance or waix er shall be filed with the Town Clerk and shall include a fee of five hunthed ($250.00) dollars for the processing of such application, along with copies of ~uch plat showing all reqmred lmprox ements m accordance w, th the procedures of §A106-25 , § Ai06-¢7 and Articles ITt and IV of Chapter Al06 of the Southold Town Code. c./ All suvh applications shall, within five (5) days be referred to the Planning Board, which shall have thirty (30) days follow'.mg receipt to make a recommendation to approve or disapprov: a variance or waiver of this Local Law. The application and recommehdation shall be transmitte ~ to the Town Board which may conduct a public hearh~g and make a t-mai decision on the applicatio ~, with or without condition,s. Final approval is reserved to the absolute legislative discretion of the Tox ,'n Board Section 7. SEVERABII ITY If any cla~ tse, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part tCereof other than the part so decided to be unconstitutional or invalid. / Section 8~ EFFECTIVE DATE This Loc/ti Law shall take effect on August 5, 2004 after filing with the Secretary of State_ The excluslon~ set forth m Section 4, (10) and (11), shall not be effective until after the adoption of proposed Local Law number 18 of 2004 relating to Subdivision of Land. ! COUNCBZMAN WICIfd-IAM: You all ka~ow that we have had a moratorium for some time. The moratorium m pretty well understood, I think. I a.m not going to go into detmls but I wotdd like to highlight kvo modifications that we have proposed in the 180 day extension, if it goes for~vard The first ~s that, new, just a minute: Exclusions: This local law shall not apply to the following: and there are severil carryovers fi.om the previous moratoriums. In addition, we have added two more that / July 27, 2004 8 Public Hearing-Subdivision Moratorium would not apply_ New or pending new or pending applications for subdix4sion of a parcel of property within the Affordable Housing District (AHD). This exclusion shall become effective in accordance with Section 8 of this law and new or pending applications for subdivision of no more than two (2) resideutiglly zoned lots, on a parcel of land less than seven (7) acres, provided however that in no instance ~hall more than two (2) lots be obtained from any lot or parcel existing on the effective date of this law ~hiring the period of the moratoritun. This exclusion shall become effective in accordance with Section 8 of this taw. [ have a notice that this has appeared on the Town Clerk's bulletin board outside and I am certain that a rather len~hy legal, that it has appeared in the local newspaper. I have a memo~ndum from the Southold Toxwn Plamting Office, from Jerilyn B. Woodhouse, the Chair, dated July 23. "The purpose of tiffs proposed law is to extend the existing moratorium fi:om August 5, 2004 until February of 2005 and further, to modify the terms of the moratorium to expand the list of exempt a~tions. The follo~ving recommendations represent the views of f0nr members of the Planning Board; th~ fifth abstains to avoid any potential appearance of a conflict of interest. All four members recommei~d that non-residential subdivis/on applicatio~as on business or industrial zonext prog,erty be exempt from the moratorium. All four members recommend an extension of the moratorium, but there were spli~ reconunendations as to tlxe length of the extension. One member recommends the extension of the m6ratorkun w£th the proposed expansion of exemptions for six months. Three members of the Board recommend the extension of the moratorkma for three monihs_ A~d, there were split recommehdations as to the expansion of the exemlxions_ Two members of the B~ard recommend expanding the exemptxons to include affordable housing and two lot sqxbdims~ons on up to seven acres ha the ar6a (as proposed) and two members af the Board recommend ail_owing affordable housing applications to be exempt, but object to the exemption for two lot sub,divisions on up to seven acres of land" That is the end of that memo. I have a notice here from the Suffolk County Department of Plamting. I "Pursuant to requh:ements of Sections A14-14 to 23 of the Suffolk Counby Administrative Code, thig application is considered to be a matter of local determination as there is no apparent s~gmfican[ county-w~de ~mpact. And that ts all of the x~ntten comrmmtcations ttmt we have, Mr. Supervisor, on this local law. sLrPERV~SOR HORTON: Thank you, Cotmcilman Wickham. And we offer the floor to the public to address the Board on this specific public heating. Ms. Tole, you had your hand np there first. CATHY TOLE: Cathy Tole, Greenport. I have a question concerning the second exemption, Tom, the residentia~ lot up to seven acres. Are there any applications pending that anybody on this Board is aware of teat this would apply to? ! SUPERVISOR HORTON: Not that I am aware of. No. MS. TOL~: Nobody.° SUPERVISOR HORTON: No. Not that I am aware oE Town Attorney? ! TOWN ATTORNEY FINNEGAN: I am not aware of any_ MS. TOL~: Do I mlderstand it to mean if I have an eight acre lot, I cmmot subdivide, without a waiver? I July 27, 2004 9 Public Hearing-Subdix4sion Moratorium SUPERVISORHORTON: That is correct. MS. TOLE: What is the reasoning of this Board to, xvhat is supposedly the last stage of this entire multi-Year process, what is your thoughts on ~y you choose to exempt a lot, single lot trader seven acres in this very specific item. And also on top of that, I would hke to know, if a property owner has a seven ac~e lot, may they subdixfide two acres off; having a five acre lot and then once again, apply for a second snbdivision after the first one is completed, now they have a five acre lot, can they then apply to subdi~de that lot also? COUNCLLMAN WICKttAM: I will try to address the first question, The moratorium includes pro~ls~on~ for hardship and the whole exemptions were predicated on the basis of hardship. We felt 'that in some cases, there are people that have a small parcel of property 'and they would like to divide among two children, or two people in their fami/y and they are unable to do that, while the moratorium is in placb. We felt that this is a form of hardship and we would built[ into it a pro~dsion for that We felt that snbdiwdmg one piece of property rote only two lots is not the same as a big piece of property that could be as many as 20 or 30 or 40 lots. So the damage to the Town in terms of greater density is nmi. !We felt, I felt, that that was a reasonable hardship provision to put into the law. SUPERVISOR HORTON: And the number, as I understand from the Planning Boart[ perspective, the recommegdatmn was seven acres or less, was that pmpmxies over seven acres are subject to chtstering and belo~-¢ to seven acres aren't subject to cluster provisions_ MS. TOLE: Okay. Now, my second question. Could somebody come in, chop offtwo acres and then come back again and chop again? COUNCILMAN WlCKHAM: No. MS. TOLE: Okay. I xvouid then ask that that be specific in the la,v, that any parcel may only be dealt with, any parcel, may only be dealt with once during this moratorium. TOWN ATTORNEY FI2NNEGAN: That is in the law. MS. TOLE: Great. TOWN ATTORNEY FINNEGAN: That you can't get more than two lots from that parcel during the course of Ithe moratorium. After the moratorittm it could be different but during the course of the moratorlttm .... MS. TOLE: Then they legislative intent is that, that new parcel is not a new parcel? SUPERVISOR HORTON: That is correct· As a remaining portion of that subdivided parcel. MS. TOLE: Okay, good. I would ask language would be put in to make clear the intent that Tom just explained to us here, that this is meant for hardship, not for profit making or developing. Because I think that lis what the entire moratorium was about, development. Not families, development. So perhaps if you can include language for hardship. July 27, 2004 10 Public Hearing-Subdivision Moratorimn COUNCILlVlAN WICKHAM: Maybe I can read to you the preamble to that section. 'Additionally, the Board. feels that an exclusion fi.om the moratorium is appropriate at this time for subdivisions of no more than two lots on less than seven acres of land. These parcels are generally too small for either preservatt?n oppomm~tses or clustering of homes and will not have a significant impact on density, infrastructure, agricultural lands, water supply, natural resources, rural character or other planning objectived. These exclusions Mil not be effective until after the amended subdivision chapter has been adopted_ , And likew'tse, any new conservation subdivision applications will be processed under the new chapter. It doesn't explicitly say hardship but that is the intent of this section. MS. TODE: You could probably move to just add about four or five words in there to make it clear, otherwisei you are simply handing it to developers as opposed to your intention which is to hand it to families who are experiencing a hardship. COUNCILMAN WICKHAM: We will give some thought to that. SUPERVISOR HORTON: lVlr. Huntin~on, RAY HUNTINGTON: Ray Htmtin~on, Cutchogue. Speaking for the North Fork Environmental Council. The North Fork Envirolunental Council, is of cottrse, concerned about the effect of the moratorium on the environment, on om' quality of life. I have thi'ee things to say fi.om the perspective of the 16~000 residential taxpayers in th/s town. 1. The moratorittm is not about delaying, it is about deliverables. Deliverables is the purpose. 2. We have been xvaiting a long tinxe, waiting years actually, for this Board to act. To provide those deliverables. Now we have colne to a point were we really must say some things very clearly about what our needs are as residential taxpayers. We ~vant you to control t~xes, we want you to control traffic, and we want you to preserve the affordability of our lifestyle. Those three things are very, very important to us. To do so, we want you to define critical terms. Tbrms such as preservation and development. We wm~t to set specific targets ~vith respect to preservation, al[er we know what preservation is. We want you to establish a metric that tvill measure performance with respect to preservation and put in a threshold for corrective action. And we want you to do this all within a declared comprehensive plan. There have been a great number of initiatives that have been talked about for the last 20 years but the time has pretty much gone by where enactment of anytlting can matter. We are at the end of the road. We want these very stmple things done. We have prepared a resolution that I w~ll read right now. The resolunon reads, and this ~s a draft resolution, obviously "Whereas Sonthold taxpayers have strongly and constantly supported land preservation, Whereas much discussion has implied a to~vn goal of preserving 80% of the remaining farmlandland open space, while reducing potential density of these prope~es by 60%, to tiffs day, no goal has l Yet been ado?d- ~Vhereas the ~outhold Town Board wishes to provide leadership to optimize the use of to~n resources, the To~xn Board is resolved then, to rigorously define pertinent terms particularly preserved and developed. It is further resolved that the Town Board adopts the target of ~reserving forever at least 10 acres of farmland and open space for every new building lot authorized" in the R-40, R-80 and AC zones. Further resolved that the Town wi[l publish a report, every three months, detailing performance against this preservation target. Such report will show the number df acres preserved and the mtmber of new building lots auth6rized in the R-40, R-80 and AC zones. Further resolx ed, tf the accumulated acreage preserv.ed fails short of the 10 for 1 target, above, in any quarter, the shortfall will become a Town Board Meeting agenda item in the following month July 27, 2004 Public Heating-Subdivision Moratorium 11 and a change in process designed to achieve compliance ~Sth the 10 for 1 target will be considered and acted upon." That is the draft resolution. And I thh~k that is useful to everybody. What we are trying to do is crystallize where xve need to go from our perspective. Apparently you have been listening to the large i landholders, and the business interests in town. That is not a bad thing to do. But we, as residential__taxpayers need to be heeded as ;veil. We are saying loudly and clearly, we are concerned. whether our environment, our taxes, the traffic that we have to contend with, and the quality and affordabi~ity of our lives here. We expect for deliverables that we call, def'm/tion of terms, target setting and a metric with which to measure performance. Here is a paper that deals with the construction of those things. We feel that simpty saying what others should do isn't enungh- We would lfl<e to show the way. This is a paper that deals with the establishment, the definition of terms. I- The establishment of the target and the measurement of performance against that target. It works with the resoldlion that I have read. We want to see a declared compr, ehensive plan. We have talked about a number[ ofth/ngs. It ~s x ery fuzzy about what the town ~s actually going to do to achieve preservation of land and ;he presen:ation of the quality and affordabil[ty of om- lifestyle. We don't want to move, we want !o stay here.' But to do so, we have got to know where you are headi.ng. We are just about out of time. Thank you very much. SUPER.VISOR HORTON: Thank you, Ray. Ray, and I am sure these items will be very helpful and wili be incorp.orgted as part of the Plann/n~ and Zonino s meeting that they will be ha~ing Monday. So thank ~ou very much. Yes, Mr. Meineke. HOWARD MEINEKE: Howard Meineke, President of the North Fork Environmental Council. I just want to a~ld, some other substance to what Ray said. We obviously endorse it, I think the monitoring and the l~gislation is very hnportant and you know, we here in Southold have chewed for years on how to preserye' the nragic of Southold. The question is how to control excessive development, which spaxwns traffic, taxes and the loss of rural character. Now a moratorium extension is proposed based on time needed to complete the rewrite of the subdivision code, which is touted as the silver bullet of preservanon. What is the targeted result of this re;wite? There was much discussion about 80-60 or 75-75 pr4servation to density reduction ra, tios. And I witnessed good, solid debate at the work session this morning. However, the Toxwn Board s certainty that the conserv'ation subdivision will win the day ~s based 9n the assumptton of the ever-mcreasmg value of flat, unexciting but large lots for luxury housing_ I In a slightly different market setting, the profit .may be more in basic housing on mi~timum lots. Tha~ would be standard subdivision, two acre zoned development. The Board currently assumes enough ready cash is available to support the PDR component of the conservation subdivision. With red mumc~pal budgets plag-mng the county and the state m~d estimates of well over $200,000,000 needed al today's values, funding could be a serious problem_ In other words, reliance on the consetwatmn subdivlsmn is chancy. It should not be our only tool. Now, back to the question, what are the to~vn goals? Well, where is the comprehensive plan? If we legislate it, as Ray suggests, with a 10 for 1 preservation ratio in AC, R-80 and R-40, we would have a much clearer understanding of where al~ our diverse initiatives are going t~o take us. We would also have an automatic wanting sounded ,~¥hen we failed to meet our objective. A majority of this Board, you gxtys, is on record with statements or votes that support ambitious goals of both preservation and residential density reduction. From the Isupport of upzomg in the past, by a portion of the Board, to participating in the unanimous 80-60 cortclusion of the Blue-Ribbon Commission, to espousing preservation of 10 acres for each bullding~ite created, there has been strong verbal support for action on preservation. At the affordable housing l~earings, citizen afler citizen stood and asked for a goal, a plan, a statement of what the town July 27, 2004 12 Public Hearing-Subdivision Moratorium should look like after HALO zones, hamlet studies and affordable housing consmtction. It is the duty of the Board to answer and the first step is easy: adopt the legislation that ;vas just proposed. Thank you. SUPERVISOR HORTON: Thank you, Howard. ALFRED L. AMATO: Good evening, Mr. Supervisor and members of the Board. For the record, my name is Alfred L. Amato. I am appearing here this evening to respectfally request that this honorable Board exclude applications for multiple dwellings for seniors in lite hamlet business district from the moratoriunt extension. As part of the resolution, in conjunction with this moratoritan extension, this Board has acknowledged that a crisis exists in rite to;vn with regard to affordable housing. Well, Mr. Supervisor and members of the Board, a housing crisis also exists with regards to the senior community. This Board has in fact, acknowledged this crisis in its environmental studies, which have transacted'ov~r the past t~vo years. And this town has spent a considerable amount of money in conjunctign with those studies. Specifically, the draft generic environmental impact statement has made the~ following summary statements. More than 1/3 of thc town's population is 55 or older and that is based upon the results in the 2000 census. This segment of the population is faced with a shortage of housing opportunities as they attempt to do~msize fzom theh- single family homes to smaller and. more manageable residences. There are very few' options available within the town and very fe~v ~pticms available to seniors. Now, this is taken from the towrt;s ova~ summaries, which they paid outs[de consultants for. The town has taken these considerations very seriously and in fact, in Attgnst of 2002, certain code changes were spoken about, hearings ;eere condttcted and. they were aCtualiy adopted. And those code changes, which were initialiy proposed in AJ.. tgust of 2002 were subsequently adopted in 2003, which made multi_pie dwelling units an as-of-fight application in hamlet business districts_ To date, hoxvever, tm new senior housing opp~rrun/ties can move forward due to this mo~tofitun, which has been in place, at this point, for V,v0'years and now apparently, six more months. :The only option for seniors who cannot wait, is to move oat of this .township to another township; It appears that given the tosvn's acknowledgement of this housing crisi~ for seniors, coupled with the town's prior adoption oi' changes to the hamlet business disthet, that ~he town's failure to eXClude, ;at this point, seniors, from the moratorium or the app[icati0ns for nmlfiple dwellings for seniors fi:om the moratorium, is a mere oversight. Therefore,/vlr. SUpervisor and members of this Board, [ ~tand here this evening with hat in hand and respectfully request tl~at this Board consider to exclude the apphcations for multiple dwellings for seniors from this new moratorium extension and to pi-eserve .its most vital resource, its longstanding citizens_ In conjunction ;xSth fl~s appeal, Mr. Supervisor and members of the Board, o~liy a few days ago, a petition was pt[[ to ,gether which I would like to submit to the Board and if the Board would like to pttrv/~ew ~t ~nd perhaps read it into the record. And it is really, for lack of a better term, at its embryonic stage. To date, there are 65 signatures of Southold residents who are appealing to this Board to let senior housing f'mally move forward. I would like to submit this to the Board. The petition that I have attached has about 20 of those signatures but within 20 minutes or so, you can have the: balance of them, they are just not currenliy,in the bnilding. So, ifImay approach attdpresent this? SUPERMISOR HORTON: Certainly_ Thank you. MR. AMATO: That is all that I have at the present thne, Mr. Supervisor. Thank you so much. July 27, 2004 Public Hearing-Subdivision Moratorium 13 SUPERVISOR HORTON: Indeed. Ms. Schi'oeder. GWYNNE SCHROEDER: Gwynne Sckroeder, North Fork Enviroumental Council. I think it is obviousl3~,pmdent at this time that you extend the moratorium for 180 days, since the only piece of le~slatio¢ that you really have to answer the almost two year moratorium is the subdJxSsion code and it needs vladfication, it needs refinement and it needs to be finished before, obviously, you can. lifi the moratorium. I am going to talk specifically abont sections 10 and 11; 4-10 and 4-1I. The new exemptiogs that were not in the original language of the moratorktm and that is the exemption for the affordable housing districts_ And I just have to reiterate what people are saying, we don't have a comprehensive plan. We don't ,,il~.ow how many of these affordable housing districts you are talking about, ho}v mgny housing units ~ill generate. We have this gentleman, speaking about senior housing, that is un'other concern in the town, so what we are asking you to do is: ad,opt a master phn, a comprehe~asive plan, so everybody's cards are on the table, so that we know what to expect. You are not telling us what to expect. You are not telling us how many units; what kind, Where they are going to go? And i think ,~t~t yon owe the taxpayers that opera, ess. ~,~a~. are yom: planning? We don't underst,a~. ~1. Yon don t even have adopted goals. I mean, you haven t ad6pted tko 10 to 1 or the 80-60 or anything at tlfis point_ Until you do that, I think it i.s premature to grant any exemptions. I mean, you are thlking about changing districts on land to affordable honsing 'c~str/cts that will intensify the density o¢ those parcels of land and you don't have any goals. Anc[~y~ou dBn't have any way, if you did have goa~s, you can't measure the effectiveness of your programs to ~:e.ach tlk~se goals· So l would encourage you to delete section I0. Section 11, as well. We haxre no i~!e~a' bdow m_~ny of those seven acre parcels are in Southold. Are there five, are there 25. There is np c!t3s~e~kng provision. Well, why aren't xv~ clustering on seven acres? If they are in the same area, if yon_ have. a btmch of seven acre parcels, it might make sense to cluster. And if they are adjacent to fantffand, it ndght make sense to cluster. ~'they are adjacent to sensitive open space, it might make~ sense to elBster. So, I ask that those two prov'~olsions be removed· And o f course, I agree xvith everythhqg Ra~-and Howard said, you know, even amongst yourselves, like if I asked Tom or if I asked Bill Edwards, we.IL, what do you see? Your visions are' completely differeut about ~vhat we are talking about when we say affordable housing, when welsay how many tunis. So if you guys don t know where y~u .aj:e at, how can you bring that out to usand say okay, this is what we are planning? So you have to ge~ on the same page before you can go ahead with tlfis stuffbecanse if you don't lmow, we don't know.' i would just encourage you to really dolmore, you say you are doing comprehensive planning but you don't have a comprehensive plan and you are not botmd by a comprehensive plan. That is what a comprehansive plan means, that you are bound by it and it is defensible· So it is not challea~ged and it has public input. So all constituency of the town have a say and a voice· We talked a lot aboui the 80-60 of the Blue Ra-bbon Commis!ion and one of the things I remember and I think, Tom, you supported this, we are not talking about 80% of farmland and open space· We are talking about preserv/n~ 80% of farmland and 80% of open spa~e. Those two things are separate_ And that has to be clearly realized. And the 60% density reductiml, I think most people thing that you are no, t just reducing density on the farmland and open space, y~u are extinguishing that density so it doesnt get moved somewhere else. When most people vote~ fo~things, that is what they had in their mind. Not taking that density and plopping it down elsex~her~_ So I think you guys did a good job, the Plarm3ng Department and everybody on the subdivisibn code, I know it was a lot of work. I just would ask that 10 and 11, those sections be removed.I And then you go ahead and pass the extension_ Thanks_ SUPERMISOR HORTON: Thank you, Mrs. Sckroeder. Yes, Mr_ Domino. July 27, 2004 14 Public Hearing-Subdivision Moratorinm MIKE DOMINO: Thank you very much. Mike Domino, Vice-president of the NFEC. As regards senior citizens and affordability, unless the town adopts a comprehensive master plan and sets development and density goals, increasing taxes will insure that few senior citizens, cost of living will remmn affordable. Certmuly not mme. Since I am on a penston, flat income, escalating taxes will make sure that my home is not affordable. So, I therefore respectively submit that the town must endorse the resolution as put forth by Ray Htmtington and the NFEC in order to insnre that a large segment 6fthe population is allowed to stay here. Ttmnk you very much_ SUPERVISOR HORTON: Thank you, Mr. Domino. Yes, sir, Mr. Samuels. TOM SAIVlUELS: Tom Samuels, Cutchogue. I would like to commend the Board for the activity that has been shown since the beginning of January. In the affordable housing area and in your other proposal: ~ And I would like to thi~ik that Mr. Huntin~on's issues could be addressed in some way. I mean, lc! s face it, there were 50,000 people in Greenport for the tall ships regatta. There are buses bringing i ~eople in for xdneyard tours. I am well aware of the traffic and it certainly is nowhere near as bad as it is on the south fork. But the south fork is not the north fork_ We still have some access, primarily Route 48 and Soundview Avenue. As far as the Town Board assuring anyone xvhat their taxes are going to be in the fitture, that is a mai reach. I don't see how you can do that becattse the, you just can'l guarantee those things. It can't be done. Everybody would like to see the town as it was in 1959, w~ en I bought my honse. There were 22 farmers in Cutchogue alone. And they would have been pumping water al/week, 24 hours a day, for the last 10 days. But the world goes on and growth goes on and we have got to plan for ~t, certainly, but I do not ~ant to exclude the x~ urkforce housing. I tlfink it i~ critical to this town. Anybody that doesn't believe it shoulct go into any restaurant in town and go in~o the kitchen. Or go into any nursery and look at the personnel that are working there_ It has been a problem for my personnel, the people that work for me. We fortunately have been able to move soon enoflgh so that we save some of them. But most of them had to mo, ye out of town. [t is an inevitabl~ fact of life that S0uthold is a great place to live. People ~ho haven t been to Southold before come outlhere and they say, this is a great place to live. They don t even know what it was like. They still think it is a great place to live and by god, it is. It is as close to heaven as I want to get. But you cannot e~chide those people, number one, that the town requires_ There is a market for these people and that market wffi be filled. We just have our first Latmo crew work/ng for Rambo, all legal guys. Great workers. Temfic guys. They can t hve m Southold, of course. But they f-md places to hx e and they hav~wives and kids and families and they are just real good people, with a work ethic that a great many Americans would admire. But the market for tham in this totem is here. We need them. The town canlt eaist without them. We have to accommodate that. We have to accommodate our plu~,~bersq We have to accommodate our hardware store owners. Everybody has to have a ptace. We can t exclude because we think we are in Utopia. Because we are not in Utopia, we are facing the same challenges that every community in th, e nation has. I graduated tSom college, there were 130 million Americans. We are now close to ~00 million Americans. Where do you think they were going? And can we keep them out of to,m? I don't know. The To~m Board is doing a great job, so far since the beginning of the year. You have your work cut out for you but you have my admiration, I respect yqur endeavors and ~ hat you are doing, as tar as I can tell from reading the papers and fi:om an occasional mdeting, doing a good job. Thank you for your time and attention. You have a tough road to hoe. July 27, 2004 15 Public Heating-Subdivision Moratorium SUPERVISORHORTON: Thankyou. Mr. VanBourgondien. BOB VANBOURGONDIEN: Bob VanBourgondien, ladies and gentlemen of the Board. I would like to echo Tom Samuels comments. I am sick and fired of Ray and Howard and everybody else that spoke... SUPERVISOR HORTON: Mr. VanBourgondien, this is just addressing the Board. Nothing personal, no names please. Just comments to the Board. MIL VANBOURGONDIEN: Okay. He is talking about people, xvlfich is the most important aspect of this townI Those people are talking about excluding people from this towa~. They want to keep Utopia, jnst as it is. I am sorry. We have to grow, we have to change. We have to do it in tile ways that you guys are working real hard. I am proud of the work that you have done since the first of the year and I, all of a sudden, now I hear we need a master plan. A master pl~n was mentioned by someone ~n town, George Penny, about six months ago, maybe nine months ago_ Where were they when he mentioned a master plan? They d'tdn't talk about a master plan at that time_ Now they are talkihg master plan. Yau. guys are on the fight track, don't be de,'iated tkom the track you are on. SUPERVISOR HORTON: Yes, 'Ms. Norden. MELANIE NORDEN: Hi, Melmfie Norden, Greenport. Tom, I know that you are well aware of the legislation and I wondered if you cmdd address specifically the seven acre exemption and could you tell me what is fire aggregate mtmber of acres that we are talking about that are currently undeveloped that are seven acre lots or less? COUNCILMAN WICICHAM: I just don't have that figure. MS. NORDEN: Who on the Board has that figure for me? COUNCILMAN WICKHAM: The best place to go xvould be our Platming Department_ MS. NORDEN: I know, but obviously somebody on the Board must know that because you decided that you are actually going to exempt this ag~egate amount of acres. So what are we talking about? 100 acres, 200 acres, 10,000 acres? ,amy ballpark? From anybody on the Board? COUNCILMAN WlCKFLad~,I: A range, I would say, in aggegate is some~ere between maybe 200 and maybe 700_ In that range. MS. NORDEN: Okay_ I am curious about the, I understand some of the reasons that you set forth, tile hardship ~easons, althou~l that doesn't seem really clear that that has anything to do with what is actually in the legislation_ However, what is tile thinking about subdividing once and then subdividing again? That seems like strange kind of planning. So what you are saying is, for a seven acre lots or less, you get to do two lots now but after the moratorium is lifted, you can go back and re-plan and re- shape that property and do more build'mg, or no? I thouodat that is what Ms. Finnegan said. Two lots now and more later. July 27, 2004 Public Hearing-Subdivision Moratorium 16 TOWN ATTORNEY FINNEGAN: You could do txvo lots noxv, if you have less than seven acre parcel, you could subdivide two lots. If one of those parcels, for example, was four acres after you subdivided and a~er the moratorium was over, if it was appropriate, you could go back at a later time and request. MS. NORDEN: That just does not seem like good planning. [ can understand actually maybe even doing an ~ncentive now, which says if you don't want to wait until the moratoritun is lifted, we will let you do .your-- two lots now but that is all you get. Sort of on the same principle of conservation subdivisions. Or an incentive for people that want to build now but the idea that we are actually going to bring a p~ece of parcel, seven acres or less, into two, three or four different plans seems to me to be extraordinarily meffecuve m terms of a planmng tool. SUPERVISOR HORTON: So you are recommending that be removed from the lang-uage? MS. NORDEN:, Well I am reconunending that if you are going to do the seven acre exemption, that you useil as an incentive and say to people, you have got sevc~l, acres here, if it is a family and you want to divide it, divide it once only and that sticks in perpetuity. And that is essentially an incentive for you t~ be able to build now or subdivide now if you want to, that is one possibility Other~vise, I thilik that this ~s a process ofplanmng that seems extraordinarily confused and m fact, tt really doesnt answer mad it really has nothing to do xmth hardship. That ~s one point about that_ The second point is, we have talked a lot about a master plan and as you all lmow, I have raised my voice in tandem with many that have talked about planmng and I kind of would like to poll the Board now to ask you guys, are yo, u c~nsldermg at some pomt counn~, up w~th anything that, forgetting the notion of a master plan, I don t mean necessarily a strategic planning docun~ent that is 800 pages long but do you think that at the end o~this process, we will actually have what we might consider to be cod/fled goals? Because I think otherwise, we may be wasting a considerable mnount of time every week, junaping up and doxvn saying, xxle want our master plan, if in fact, there is no intent on the part of the Town Board to deliver anything akin to a master plan_ So can we talk about whether this is a viable exercise? SUPER.VISOR HORTON: What we can address is the public heating and whether or not to extend the moratorium or not but without polling the Board, I will give a sense of the Board is that comprehensive planning lis taking place and we heard loud and clear, actually Cathy, you have articulated a need to spell out ~ well articulated road map mid we have many initiatives that are coming on line as far as the adoption/of the LWRP, which we intend to accomplish. The hamlet planning initiative, wlfich we think will bear tremcmdons fruit and several plan initiatives that the Board, once we have the subdimston code, will inm~ediately undertake. MS. NORDEN: Right. Because I tlfink that we are all very concerned and I think that it would behoove all of ns as we are entering into this dialogue, which we think is critical vis-h-vis the future of Southola/a d for all of ns, that we have a notion that we are headed in that direction. And our problem again is, !hat legislation is perpetually proposed which w/Il make permanent decisions x~fthout the end goal, xvithout a vision of xvhat the end goal in fact, is. And that is even more so now, not with respect to the affordable housing but now with the seven acres, and this exemption, you are now putting into I . play several hundred, several thousand, since nobod)r kilOWS, let's say several thousand acres into play that will be built out with no plan xvhatsoever in mind. And that, plus the affordable housing rezoning changes, Ireally are talking about considerable amounts of acreage which is now noto~OinOo to be July 27, 2004 Public Hearing-Subdivision Moratorium 17 planned for and not going to be provided for under the terms of the moratorium, the whole point of which was, to come up with ultimately, a master plan. So I feel uncomfortable not being able to find out the information from any of you as to how many acres we are really talking about. How much acreage qan be rezoned to affordable housing, how much acreage are we talking about in the seven acre exemption and I am cm'ious as to how you could possibly include such an exemption without having any notion of how many acres we are talking about. I mean, I just don't, I understand the reasons for why you rmght want the exemptmn but there is like, no notion? John, you have no idea? COUNCILMAN ROMANELLI: I'1I give you some answers. MS. NORDEN: I would love to have them. 'COUNCILMAN ROMANELLI: Okay. We were fighting over seven or eight acres, where should it be? Whetre §hould the exemption be? We went to seven acres, partly to do with clustering, partly to do with, what is our overall goal in this community? We have talked about all the goals in the DGEIS, the hamlbt studies, the LWRP. We are not talking about preserving, we would love to preserve everytlfin g, but let's be real about it. Our main goals were always about preserving the open space, the farmland, the 17 acre, the 22 acre lots. We have learned through future studies that the average size farmland in Southold is 17 acres. 17.7 acres. So what we were trying to do, we were never going to, there was no code that we were putting in effect was going to really affect those smaller acreage lands. Zoning w as out of the question, so now we are going into subdivision. MS. NORDEN: Okay. COUNCILlVlAN, ROMANELLI: So we said, let's pick a munber, we want to lighten this up_ Now, I goingI to through a monkey wrench into this because I was going to make a motion here tonight that am we do no[ extend this moratorium for six months, I say all we do is three months. All we have to do is finish Ul~ the subdixfsion code, and we put it out there and go lombard The questions about comprehensn~e planmng. We have a LWRP, that if anyone read ~t, it is a comprehensive plan. We have the ~)GEIS study that we just did last year, if anyone read that .... MS. NORDEN: That is not a plan, though. COUNCILMAN ROMANELLI: That really ties in with the LWRP, it gives it a lot of backup documen!atmn .... MS. NORDEN: Yeah but it is not an adopted plan though, John_ COUNCILMAN ROMANELLI: But the LWRP ~vill be and if you look at every study that ~vas done over the !ast decade, they all say the same thing. So a comprehensive plan could be, you lcnow, the LWRP when you are all said and done because that is really backing up everything and all the other studies are just giving the details to it. so, I believe we lmve a comprehensive plan and if you are looking to poll me, I am not going to put on the table that we create a comprehensive plan, we adopt the planslthat we have done over the years or studies that we have done over the years. I think the subdimsmn code should be extended for only three months, with or without the exemptions. If you are only going to go three months, it doesn't matter if the exemptions are in it or not. We move along with July 27, 2004 18 Public Hearing-Subdivision Moratorium the work that xve have done, I thh~k xve approve it. I tlfink there is some good work that has been done by all the people involved in subdivision rewrite and you know what, we let, as Mr. Samuels said, some of the groxvth corr[e, we are going to learn along the way, too. I have no other answers for you on how we are going to stop the growth. But you know what, we have a code, we made it betto: than what it was and let's see if it works. SUPERVISOR ItORTON: I love these meetings because there is always something new and interesting that comes out of them. But I am not taking that as a motion, you will have your opportunity .... COUNCILMAN ROMANELLI: I will do that later. SUPERVISORHORTON: Leave itto John. MS. NORDEN: I want to ask, in follow up to what John was saying... COUNCILMAN ROlVlANELLI: On the seven acre parcels, I believe it is under 500 acres of land that are sevenl acres or less. MS_ NOKDEN: Then with respect to the affordable housing amount of acreage, what are we talking about there? Kind ofballpark. COUNCILMAN ROMANELLI: Affordable housing could be anywhere. (Inaudible) So affordable housing ctould be the xvhole town if you wanted to make it that but .... SUPERVISOR HORTON: The AHD zone itself is bound by certain criteria that is in .... MS. NORDEN: Give or take another 100 acres, would you say? SUPERVISOR HORTON: I don't think it is safe to say that, to be honest with you. MS. NORDEN: Because one of my concerns is, and I understand, John, what you are saying and it I . addresses the issue of 80-60 fi:om the 80 perspective but how about fi:om the 60? How about from the density perspective? Because one of the things that is part of that overall planning process is not just the preservation of open space and farmIand but it also speaks to the quality of life, which is reflected very mu~h with respect to density. And I guess our concern is, we have all seen this in our neiodaborhoods, we have all seen the unbridled ga'owth on single and separate lots, which has been willy hill}f, utterly unplanned and this just extends that process and it is worrisome because without a notion ot]a vision of density, we may run into, we really may in fact, run anaok. COUNCILMAN ROIvlANELLI: Where I think this is heading, I will just m~swer this Josh, and then will let it i go._. SUPERVISOR HORTON: I would keep to the moratorium. July 27, 2004 19 Public Hearing-Subdivision Moratorium COUNCILMAN ROMANELLI: I thiank on the density issue, I think you are really going to have to let the hamlet studies play out .... MS. NORDEN: But how can we do that flirt fact, we are making all these decisions before the hamlet committees and studies even get formed? SUPERVISOR HORTON: That is why your, your points are well made and I am going to .... MS. NORDEN: I mean, you are proposing legislation, Josh. SUPERVISOR HORTON: Excuse me, Melanie and I think we have to let some other people address the Board. MS. NORDEN: I am not finished, though, in asking some of the questions. SUPERV[ISOR HORTON: My point that I was about to make is that items 10 and 11 are something that the Board can discuss prior to voting on this. And we will carry the discussion, if we can get through the heating. I think the Board will take those two items up. There has been a lot of input on it MS_ NORDEN: Are we taking those up tonight, or another time? SUPERVISOR HORTON: Yes, tonight_ Indeed. MS. NORDEN: Akight. I ~vill await that discussion. SUPERVISOR HORTON: Good. Somebody that hasn't shared yet. JOE LIZEWSKI: people. First I would like to say the NFEC does not represent 20,000 people or 16,000 SUPERVISOR HORTON: Well, could we, just so we .... DR_ LIZEWSKI: Let me get on the topic that you are on. SUPERVISOR HORTON: This is a general statement to anybody and everybody, including us, who are here ~t this meeting, that this is about very specific content and everybody is entitled to an opis~ion. And the Town Board respects all opinions and all walks of life, views represented. But everybody is to address the Board from their oxvn perspective. Not about anybody else. DR. LIZEWSKI: The commdrmn that I see here is that you are dealing with private property and property rights of people. You can only set ni place, you can't set figxtres that are going to be set in stone because you are dealing with private property, that people have rig~hts to. You can set laws in place and codes in place to try to conduct the direction of that property in a certain way but you certainly !are not going to end up with a figure that you are going to set in stone of 80 and 60 or anything else because people own that property and they have rights to it. No,v, the idea of a master July 27, 2004 Public Hearing-Subdivision Moratorium 20 plan, just like our constitation, has always been one where you can maneuver within the government. That is why you have the ZBA and that is why you have a Plarming Board· That is a big part of your master plan· If you want to make changes, they can be made through the parts of the government that you have[~reated. And that is really the glory of being able to do a lot of this. But you are never going to be abl~ to set in stone, these plans into numbers that are going to be kept in check because again, you are going to rrm into a beck of a conflict down the road with somebody who has the same rights with theiz properties, as somebody that has already developed their property and you are telling them no, ~ve are up to the 80Vo, so you are not gomg to be able to subdivide this_ That law that you make is going to be so that you can subdbqde your land or not subdix4de your land. You are not going to put · I something in place that doesn't have a fluid motion. I mean, thai is the gl0ry of this country. The glory of rials country is the fact that you can change, that there is never a~ything that is put in stone that another Board won't come along and change or a munber that has tO be reached. So, I think that you are on th~ right path as far as whai you are dmng but ~ think you have to be realisuc about this and as far as thd Blue-Ribbon Committee, which has been announced, i~ represented the peopte who were on that Board. It certainly wash t nominated or elected by the people in this town, it ~vas an appointed Board at/d its decisions and conclusions made were conclusions by those people on that Board. It ~vasn t a &ms,on made by the town people, it wasn't put up for a referendum, it was never voted on by anybody an th~s town, so when you put these firings up, you ha~ e to realize they are appointed just like many of the other cornrmttees and they should be treated as such, but I really beheve that you are gomg to have t~ realize, whatever you do, you are going to have to make sure that there is a way in and a way out because do,wa the road, people who have it and people who dgn't have it, have to go by the same amount of la~v that you put in place and you are not going to stop somebody from developing · I something that somebody else already did. So your 80-60 or all your numbers are never going to be kept in check, You can't possibly really believe that you are going to do that· Thank you. SUPERVISOR HORTON: Thank you. IVlR. HUNTINGTON: Since I already had a turn, I will be very brief. I just wanted to comment to the Board about the use of the word exclusionary. There was nothing in what I said that was exclusionary to anyone. I don't tkink that there was anything that I have ever heard from the North Fork Envtrmunental Councd in that regard, either. I don't know where that notion is coming from, if it is coming from anywhere. What we were talking about was specificity and deliverability. And deliverables. That is what our message was about. Not about exclusions. SUPERVISOR HORTON: Thank you, Mr. Huntington. And your point ~vas well made and understood. Ms. Tole. MS. TOLE: Hi. Cathy Tole, Greenport, still. When did we first visit the concept of moratorium in public heating? Two and a half years ago? SUPER'x/ISOR HORTON: I believe it was August 2002. Perhaps July as far as public heatings are concerned? MS. TOLE: If you remember, some of you xveren't up there, I am not sure you were even down here, but if you remember, I walked np to the microphone and said, 'I have a novel idea, let's screw the six months, let's screw the three months, let's go for a two year moratorinm' Got a lot of giggles on the July 27, 2004 Public Hearing-Subdivision Moratorium 21 Board like that, Jolm, you remember? Got somea~ig*lesa out here. I said, you can always end this thing but you don't want to keep coming back and revisiting and keep coming back and extending. If an issue worked, relieve the pressure, there are going to be tmforeseen things. I am going to be the usual sage that I like to think I am on this matter and I am going to suggest that xve don't have a six month moratorium. Amend it right now, make it a year. Because you know what? You have akeady done this, ~s this the fourth tune or the fifth tune. And every t~me you have stood up there and ex ery single time youl ve told tis you are going to meet the deadline, you are great working trader pressure, you are going to get it pulled together and I think you intended to. But there.are so many unforeseen things and they are still there, guys. You haven't covered all the ground. You have not even told us what you envision doing at the end of this six months. And we have bee-a asking for it, kind of for the last year_ Where a~e you gom& where are you ge~ng to. So, what I want to ask ~s that yon extend this for a year and i'f you end it earlier, you are going to get a lot of applause and a lot of credit an~ a lot of people ar~ going to be happy about that and that is all good. And if you need that full year, ~ ell that is good, to~-becanse you don't have to go thi'ough this expense and exercise again, either. Now I would tike to suggest something else_ That by extending it that year, you give u~ the peopre of this Town, the opportur~ty to review what I hope, you are plavning on ~ving to us, the thing that [ have been asking for a cot~ple (~£ months now, don t ~ve us bits and pieces of legdslation hirt give as your ideas. We know yot~ are going somewhere. We know that you have in your mind a concept of a goal and what legislation is going to get you to that goal but you have got to work out the details and we want to get that gene!al idea. Now, if we have a one year moratorium from this po.iht on, you lmow what? We are going to have the time to digest it. It is not just going to be you thinking about it, us macring from a public notice !n a paper and hearing piled on top o£hearing, at the last m/nnte to try and do stopgap, so I am asking_ you again, respond with the ~ggles but think about it, guys, seriously. Make it a year, admit thai, maybe we can look like heroes and end this earlier, please. SUPERVISOR HORTON: Thank you, Cathy. Yes, Mrs. Schroeder. MS. SCHROEDER: I just want to say something about the intent of the moratorium and resources. And maybe Mr. VanBourgondien wasn t around five years ago when every couple of weeks NFEC would g~tl up and say 'master plan' and people would groan in the, audience because we said it so much, solwe have been advocates for a master plan, for at least, I don t know, a decade? SUPERMISOR HORTON: A long time. MS. SCHROEDER:, A long time. So the other thing I want to talk about is resources, m~d part of the reason fo~ this moratorimu was to figure out hoxv this town was going to best manage our resources. And Dr. Samuels referred to population groxx~. The population is going to gow exponentially. My bahies are already hawng bahies_ I have four children Somewhere down the line, x ery effectively, environmentalists oot taooed with the adjective of being elitist. And fi.om my perspective, it could be further from, the truth. I am talking abont preset~nng resources. Whether we have 10,000 or 30,000 or 50,000 p~ople that live in Southold, there is a limited supply of resources. The planet is experiencing such a crisis of resources. Wars aren't going to be fought over in the future about political ideology or rehglous ~deology but they are going to be fou~at over things like water and resources. We have got to get smar~ as a planet. I can't fix the planet but I can do what I can do in my little neck of the woods, Southold, New York_ And if it means my kids have to live with me, four of which I would love to have all !ive here, but it is not possible, that would be wonderful. They may have to share a bedroom July 27, 2004 Public Heating-Subdivision Moratorium 22 and you know, it is kind of nice. My family is with me, I don't actually mind it so much_ But all I am safmg is that we lmve to really look at the bigger picture. And we all have property rights but when we are dead and in the ~ound, future generations are going to be here and are they going to be able to fish in these bays, are they going to be able to plant vegetables in the ground and make it ~ow? Because we put property rights and other things ahead of the bigger picture? Because, you know what? We are all temporary. We are a speck on the planet. We are going to be gone soon and what is going to happen 100 years from now? You have to be stewards of the land. We are never going to solve the, problem by building and building and building. There is a linfited amount of land, them is a limited mount of fish in the sea and if we don't start taking care of ourselves, human beings are going to be in trouble, because there is not going to be enough food or water or anything to susta'm us and that is what this is abotrt. This is about taking care of our Iit~le neck of the woods. It is not about keeping people out or you !cno~v, other things. For me, that is what it is about. It is about living sustainably. And we can't continue to go on and hope to sustain ourselves. Thanks. SUPERVISOR HORTON: Thank you, Gwym~e. Would anybody else care to address the Board on this public hearing? Yes, Mr. Rooney. JOHN ROONEY: John Rooney, Southold. I realize time is short, but ~vhen Mr. Va~tBourgondien got up before and I sense such anger in him .... SUPERVISOR HORTON: Again, again .... MR. ROONEY: [just wish that anybody .... SUPERVISOR HORTON: Notlfiug is personal, it is all about the public hearing. MR. ROONEY: Alright. SUPERVISOR HORTON: I understand that tensions are rising .... MR. ROONEY: I know and I am trying to diffuse them and that is my point. About six months ago, Josh, you made comments in Newsday, in which you implied that the environmentalists were somehow, it went in that direction, I don't think you were showing anger but it was something that was trying to create... SUPERVISOR HORTON: Actually, that was after a long discussion with Noam Chompski kimself, who I found ..... MR. ROONEY: But what I am trying to say is that I wish that people could meet ~vith me or other members, of the Board, people who think we are elitists. Nothing could be further from the troth. And if anybody has that sense, I would be happy to spend time to find out exactly where I live, what [ have done for 35 years in my career, and what we on the Board do besides just working for NFEC here in the town on a volunteer basis. So, I am here to defuse because I heard so much anger in prior meetings, please, let's not let the anger take over and I would be happy to talk with anybody to try to help people understand what we are after. I have six grandchildren, we are after pure water, pure air July 27, 2004 23 Pubhc Heating-Subdivision Moratorium and sustainable agriculture, which I am sec'rog is more and more an issue of national security_ But we are trying to act globally by acting locally. So I just wanted to add that. SUPERVISOR HORTON: Thank you, lVlr_ Rooney. Mr_ Carl/n. This is, again, in regard to the public hearing on the proposed extension of the moratorium. FRANK CAP, LIN: Frank Carlin, Laurel. I usually don't speak at a public meeting like this. What I want to tell you, I lived in this town for 50 years. I have seen it all. I can remember the farms when they were in full stren~h. I worked on a farm as a boy .... I lmow. They are mostly all gone now. I could talk about farming for hours, how it used to be. Remember that song by Barbra Streisat~d, 'The way it was'? But I keep listening to these public meetings, after hours, hours, hours after every meeting, hours and hours and hoars. Discussions, cornmi~ents, or suggestions and then it is extended by moratoriums. Lot of discussions, no decisions. Keeps going on and on like a broken record. I know so many people who left the town because they don't want to live here no more. II is a shame. Talk about having the freedom to go to our beaches. Years ago, when you picked up your or when you paid yom:taxes, you got a free beach permk. Now you have to pay for it and it is restricted. One is for Mattituclc, one is for Bailie Beach. I remember when I used to go, I come home from fmh/ng, I would say to my wlfe, tonight I am going to go fishing do~vn at Bailie Beach or the Mattimck inlet. Tl~rew my pole in the car, took my little dog with me. No permit, no nothing. Because that was part of paying taxes. That should be part of your taxes. Not.be restricted_ Now you want to restrict all kinds of things. I remember master planning being discussed back in 1990. I know- you don't want to listen, Josh, back ~n ~990. 'And it still went along, never developed somet.hi,'ng. But ~11 this discussion we haxre on these public meetings and some organizations get involved te .ll, ing you what to do, like back m the mid-95's, the stewardship committee, oh, they ;vere telling the Town Board how to operate. What we shoukt do in this town And now, you have a new committee appointed, whick l was going to speak onbut I won't tonight, a stockholders committee. They are going to be t,lling how we should operate in our hamlet, how we should live_ The Town Board shouEt be doing that. When you people nm for election, you seem to know ail the answers, you stand up there and you say we have got to do this, we must do this but yet you depend on a lot of committees to make a decisions for you. Stand up to the plate, make decisions, stop all these public heatings and stop this .drawn out thing. Either get off the pot ct get office and get on with this thing. Because it gets tiresome. B~Srrg back the old days for me, as far as'I am concerned. We survived. Our beantifultown is still here yet and;we stow'ired. We didn't have to go through all this master plans and all this here restrictions and two acres from five acres or whatever you want_ We sun4ved. It is a beantifid totem. But yon are getting no p~ace, up here. Almost an hour and fifteen minutes and we are only thi'ongh the second public hearing here_ SUPERVISOR HORTON: We are trying. MR. CARLIN: You are trying, alright. But 11l tell you something. Someday l am going to speak about farming, because I know a lot abont farming. I will bring in the history of farmmg, how it was and how it is noxv. But I will tell you right now', as far as open space goes, sure you got plenty of open space, the only thing else you got left is wineries, sod farms and nurseries. A~d they are al/open space. What good is it? The farming is gone and I will speak on that in ~eat detail someday about how it went from the 1940's up until now. July 27, 2004 24 Public Heating-Subdivision Moratorium SUPERVISOR HORTON: Thank you, Mr. Carlin. Are there other comments on this public hearing, the extension of the moratorium? Yes, sir. ED SCHWINN: Good evening, I am Ed Schwinn from Southold. I would just like to say tha~ it seems all I ever hear about with the affordable housing is for the young people and I sympathize, they do need it but I do hope that the Board will keep in mind in their formula that it should be divided and the senior citizens should be gi~-eu serious consideration in that area. Thank you_ SUPERVISOR HORTON: Thank you, sir. In regard to this public heating, are there other comments? (No response) We will close this hearing, but before we move into the next two hearings, why doesn't the Board have a moment to fred some resolve in regard to the direclion of what ~re heard from the public and so we can find some direction on this local la~v. Sonthold Town Clerk #7070 STATE. OF NEW YQRK) )ss: COUhI~Y,. OF SUFFOLK) ..... '. ~,~ Joan Ann Weber of Mattituck, in said county, being duly ~ ';., 'sw(~r.~ays that he/she'~s Principal clerk~of.,TH~SUFFOLKT MES., a weekly r nev~'C.~j3er, published at MattitL ck, n ,the:T~rl of ~.u~ CO~n;ty ~Uff0 k . :. ~: ', :. ;b.. fa~.d, ~t~ of New Yol~ and that the Notice. of wh.lcb the annexed ls.a printed ~' ~ ~bopy,~..,'h~s been reg(t b. rly p.~b shed n sa d Newspaper once each week for ~. · :;.~ 1 ; .weeks, s~ccess~vely.,, commencing on the: ,~ ~- '~5t't~ "' .,al'ay of. ' ' Auqust "., 2004. I . .~' Principal Clerk ; Sworn'to before me this day of ' 2004 , NO~ PUBLIC-STATE OF NEW YORK ~ :?' No. 01-VO6;05050 Qdl~llfled In Suffolk Coun~ C~mm~s~!en Expires Februa[y 28, 2008 1,1':(;.%1. NO'I'ICI?~ NO'I'ICI{ OF EN,M.71'MI.:,%T NOTICI'~ IS III'~REBY (.;1~ EN Lhql Ih¢ Town Board oF Ihe Town of 5Oul[Ioh:L Suffolk ('otlnb,. \ex~, York. orl thc 271h (.ia), ()1' .hr[y, 200'4. F\.,\CTFD ,', I.oc:,[ [.aw enlid,:d. "A Local I.aw'ln Relation lo a ()ne Hundred and Kighty {1801 Duy I.;xlensi(m of the 'relllDorar) [%.]oratoriuln on the Processing, Revie~ of. and making I)ecisions on applications t'l)r Major. SubdiviSions, Mi~io]~ySub~ii~iOns ~nd Slier:iai I.;x~epiion I.se I~erlnit.~' arid $ile I I:ms conlaining I)welling Llnil(s) in tile q'(n~ n or $outhuld" ~_e~'ena¢l~ed4oca]-law ertl[fled; '~ I.,',' I.,'.. h, l{,'l:li,ql to a One liLJh_:,J .-!12 ~l;.~llt.% (180) Da~ Ext~i0~ of t~e'~Te~or~ Mo~to~um on Ihe [)rt)¢es,,irlg. r,.,%,icw o1'. a.lld illak i[l~ L)ccisitNis t')[i applic;lli(.)ns I'c)r Subdivisions. %'1illOr Subtlivision,~ and Special I-',%C'el.')ti(l]l [,'~e I. c~lTilil'*; and Stle Plans conlainin~ I)w¢i]i[ ig [.mit(s! in Iht Town of Soulht)kl" leads as follows: I,OCAL LAW rS('), I._~5 2004 ,% I.oct[ ,aw In I{¢[alion !.o ti I It[nd['cd antL ~igllly (180}. I)ay [{xlensi(l]l o['t[ic']'~m[lOrar) ,%l(IralOriUm t'ln the I"l'i'}c,:'~%ing. !{et. iCw or. tuld [lltll<- hl~ I)eciMon4 on upp[iculions lB[' .~tlbllivi,;il~nq. Mtn(ir 5tlhdivi'¢ions amd .~])ec'ial I:xccplivn ['qc I'~,q[[ih,, a[,d .~ilc I lall~; COItt;lilliflL' I)w.ullim._, t,nit(s~ ill Ihe ']'f.~wn of ,~O.Lliht)ld BI'.' IT I~\..\CTI'.I> BY. Ille Ib~%n Iloar¢[ (.)[' thc 'lin:n o1' .~oulhohl us i'ul- ,~uvliOl'~ I.'1' t 'RI %lor:florit[m I.[xlension I. I.cgiNlali%'¢ Inh:i'll con~isliJ]E o1' Lhe 'l~.)wn attorney. 'lbwn pt:rune[' and I~nd pre~[Talion chord[ha- ler. '1 h~ term3 also induJcd two phm ning COIlSLiIlalII~ tulcl I~0 aIIOIIIt~S c~llzin~ m pl:mmn~ md I~nd u~e hued by [he Tc,'~,a Bo~d. ~ mor~n>n,~ ti/ed by tile '[bwn Bmod. '['[]~ I~t]rn completed a numher ()l' impo['l{m~ including: · syn[h~i~ o1' pasl planning r~com- [fl~ndalions: definitions: · p['¢pa['~lion el' (ieo~['aphic [nfi~rmalion Sy~ttm IG[S r~sot[rce n]apa if~ cooperation wilh 'lbwn data proc~ssin~ staff 1o docvmmNl ']bwn · review of ~echn[cal inlhnnalion and I';iut~ to be u~ed in compleling Ihe GElS and pkmnin~ in[lira[ye levic~: · initial review of 'lb~ll ul'lhr(luble · initial re~'iew of hamlet uenLer~. 'lbwn: sLal'r alit[ clepa~rrJerli [ieacl~: pbccd (.m Ihu 'lb~%~'~ wd~[t~ G)r public = public inl'ormatio[m[ rlle<lin~% Iht ]~wri [~()~d r~:Lrtlin~ polic~ con- Mcler~dorl~: Ibwn ]~r)tl~ impl~m~nLplion and con- I~)rnlanc~ wiLh SlaLu I~nvironm~mal ~Lialily Rm'i~ Act (SE~)I~A) i)n)c~- (lures: . · pr~p~rminn of Lhe I)ml't G~IS~ arid · prcl)araLi()rJ el' Final (;FIS. Thc 'l~wn R(mrd r~uo~nivcd Ih~ rJuud Io comply with ~EQR&. and un(k'r- st~mds L]lg value of Ihb prou¢~s. The ~md wa~ con~icIclcd h) b~ a 'l~pc I whlul~ i~ mmc likely ~o ruquir~ an i'Olimm3LuJ irnpacL slaleniunt..~ a re%tilL. L]1¢ 'l~wn Board adoplcd documenl.~ ill c'onrorlnance with ficadon of Lhc aclion a~ a 'lype I auliorJ; dc~i~nalion of tile 'l~wn Board a~ lead a~cncy: pruparalion of ali Rrl~ trot[mental D~claraliOn: auuupInnuc of a Drul'L (~1':15: and accupL2muc ()1' a I'imd GELS. 'lllc I')rul'l GEI~ pr~parud Ibr th~ ]~')wn i~ m(.)r~ than ~n envJronmenlal compr~ ben,ire docum~ nl ~ ~ad pro~T~m t~,oh ~d Ih~ h3v~ be~n re~.~mme~ded Ruco~ni/inL~ Ih~ ~i!~nificance of IIJ~ ucliOll. Iht iloed ~n(I d<~iruhili Pb wilh 51L(,)I~ through Ihu use of a G] :1~ i),)~,, and ~11c suh~cqucnl hued lo clcLclmh~u 1he ullinh)lg ~Clie~ of r'uu- Olllrllcndal]Ollq L() he' ]mplelncnIJd. IJl~, cie'hi Li~ne ~a~ %'1 a~idc Io COml)lelu Ihe and ~ucomnlodale >ocbl II~'~(Jh. ill ro~poli~ lo t~idc public inlcre~l in I)(]EIS (Ioculllelll. IIL~ 'lbwn I{omd hdd Ihl'<~ pLIhhu IJ,'arin~ and kUl)L Ihe hear inp i)n)c~ opm1 undl July 15. or(lur Io i'n~ililalc i)uhlic rcvie~ and .~ ]:innl Gkl5 and a N(nice el b~ucd by file 'lbwn Ik~ald on ~¢plemhcr 9. ~(10~. and Ilia i)uhlic ~u~ icy. p~riod Ille I(il]5 ~n~ eM;llclod LO 5ut)ich[her wns aclop~cd hy Lhc 'l~wn I{omxl o1' inel al r~uhu an~ ~pccial rneelin~> Io nlorall)liurn b~ nineb (.()0,~ (la~ eli ()uh)l~-r 21. ~003 ol'l'cclive upun i'ihn~ ~ilh die I)eparLiricnL. o1' 51ult. ~dJlch look place o[[-I~Ir)vembcr I?. 200.~. I:t)llowin~ Ihu atloptiot] or ii1,,., third I11 ('ti'a}.( 11 i LI111 U ~l r~nsil)fi, n~.w li), n B(lard rnemhur~ '*ere ~L,:eLcd '.nd a new 'lbwn ..\llr)Tne~ ,.v:i< .',r)poinlcti. ci'l'ccliv,., .lanLf:Lry 1..200-1. 'l'ililC V,,'LS needed for the.',,.' i1c~A (IJ]'JCu'l~, I(') h~.l)rt)u~?.ht lip 'ff)u'¢d (.)n the ~:l~ll~'iv¢ Dlannin~ ,'Lnd SL:(,)I{A.~o['k IhaL had m.kcr[ [)lac'(: dur- ill~ !.h¢ moml.t)riu111..4.ccordin~ly, tl[~ TliOl'aLt)riLIIll 'Wa3 uxleritl,~d a fourlh Lime eli JtLllLI;tl'y (). ~('}0.4-. lO run ~n addiLional o[lu hul[dr,.'d ~'i~4hb 4.ia.~ I'lonl I.chr.u:,T'.~ II. 2004.. Ii)Ln'in.~ Ihu. p:l~,L' '~i ~. rl~(.)lllhs. Lilt.~ B(.)ard IltL', et)rib[dm'ed m~Jzl.%,' of Ihe [(.1111,, i'o~o111. tnended if[ the (~1';15 and i:[.kcn Sh.'ps lo irnplenic'ni '~onlc of Lh¢ n.,comnlentlu- Iii)n,,. 'li]o amendllfel~l.~ L'() Iht ,%ubdb,'isicm Ct)cie have (h.)nlhlalcd Lhc nLJIll¢['OLI.,i disc'us,{iOli~,, a~; wall :i~; Iht lime of thc I')lannin~ m~d Legal ~ltL1`1` :uld '1~ [1 Board. over II1¢ p;Jxi .'-i'~' month.,;. I'11~ ,";L]lxliviqiorl am,.'ndm~nt~, inchJdhl~ L]le Coll-;crv:dio][ SuhdiviMon I)ropl-aln, arc, :~uhnl'.tnli:Llly compl¢!t and will the .-;ulTluc'L o1' :t DubliL' IlCal'in~ 1111 Junc 29. ')00 I. I'hL', i~ ~. M~nirlcarJL arid II1,: Board :Ulli(.'ilmlc,,, .', p~ri(.):l, or wl-i[l~n C'olnnlenl, i',%vi~JOll~. ~U'ld a end pL[hJic hu:,ring hel'ore 113c n~w Subdivi~;i,,)n cha[)Lur i~ ark)pied. FarLhcr. iht: h)wTr Hu;Lrd hu.~ 111[ k,ul (lili.,_,cnl[y on Lhe 'r¢','i~¢)il o1' Lh~ Afl'ordubJ~ I IoL[sin~ I.)i,,L['icl (.\1'1111 rc.uu'lntion~ and levi',Iai[tm cr'¢:L[bp a I lou.~in~ r"t[n(.I.' 'i'h~.,c .'.re d,:.,d.~ud Lo :t.ddrc.,,,~ fh~ ~ri~['d:LL-,h: 11ou.,,in~ u] i~i.~ Lha£ Frc.~nlly cxi,~t~ in ~()ulh(.)ld. ITic' ..Xl ID revi~it)n~ wc[c Lh~ ~ul'~jccL or p [~:i'l~L]l~ and pro- (.ILJ~IivL' [luhli(.: hc~.Lrin~ or] Jun~ I, 2004. 'l'h~ :unuu(.[rn:,nls ~¢t'c .~uh~u(.luenlly ['~vi.~cd :,nd will b,' di~cL[s.,,e~ ill liui~]i~ II~ri[~ also on JLII'I~ 'Jr'), ~004-. '1'11,.' Ih)u.%ing J-'Lind I¢~i~l:~rinn v,.~.,; ~clop[ed on *lay 18. ~00.4-. ThL, cu'rr~n! moraroriuln is .%'1 Lo expire o[[ .'%U~L[.~I 0. 2_004. A,.'Live phm- ni[l~ has b~u'rl and c?O[llinaL,~ I(.) Ltlkc place. Work i.,; p[occ,"dh~. The 'lbwn Board in~l in u v¥ork '~e.~.'don Oll.lur.~ '*2. ~O&:l, and (Ibcu~.~d II1¢ D['oju'C'l~ ti) hu L:,clded in Lhc iTl[TILe(italY. I'LllLIre. 'l'hc~c ~cludc ¢onLhlL[C'tl tli~(.'US~(.)[l'~ n[ld i[nr)[elnenltLi'ion ~'1' ~L..vernJ of L[le tr~ IOO1.', alid ni~asure~ .,,uL f()rlh iii (iF. IS. 'lrher., ~uc Oli~l")iT]~ Ut)llCe['Tii]'~ Ih~ CI"..LrTiI~ or ureaiin~ a "l)ohll ,~y~l~r~" lo rank ~LJhdi vision ,'tl:plic,'~Lio. n,~: ~yhieh ~,o[Jht ~iv~ v/,~i~ht to p,-i~j~.c[~ m¢~Li,~ I1'[~ Ibwn'~ ~.'tl~ and enll~hn~iTing uxi,uin.,4 infi'a structure. · IL i.,~. h3'l[)orE~ni 'thai th[,- ranLin~ ~uhrlivi.,,ion aDpIk':lti()n.s,' a,~ wall u.~ iml!lCTTiCnlaLion o1' adcli[ionar'Lo(.)l,~, h,~ conMtJer,.'d prior. Ii) iht lit'lilt.,-, of Lb.' ill(.)r'alOliLiTn. I~l~l-lh~r, ';~ r~vi~%% t)l' L[i,: plannir~ pro¢~.,,~ I'()r rc~i¢[cnfia[ sit,: pta[l~ ~'i][ h:, addrc.~xl. Thc Pl:mnirl~ hliLiaLivc b, u[[(Icl'~.'.y, and 'l~v/n ha.~ r~l.uhJed .'LO hldcp~nderlt cori- .-;ulLanL LO ['~%.icw lll~ I~amlcis and d~l'inc, halo /ones'. I,~%kl,mL ..,lakellokl,,r~ ar~ ho'in.p_ appoLnled lo ~n')Ul): I'ro[n each ]l:u[[h:t Ihm. will ~,,o['k eve[ Iht li~.L .'}--[- monl.h~ x~ ilh Lhc c:t)ns[tJlan£ :Lnd I~['ovitl,~ valuable i[ll')LJI h'lLo Ih~ nced%.ofthe harT[ h:i. ~(.) !hal Lh¢ I'LIIl. lr~ el' Lll~:',~ hmnlcl.~ Call h~ holler clcl-in~d L[.-;in~ Ih~ princi. plc,~ ol'$mnrl ('~r~ Lh. II is us, puL'lVd IhaL ihi~; ~lutly will. hc c(!rnph:led hy "~OVUIBIhCT. and ',~, ill rorln Ihu I~:~i,,. Ibr dcci~it)n~ it) plan Ih~ fLI[LLI:C ~['o'.vlh of tile ]~anllcl:,. i.e./one ¢llarl~,.'h arid ethel: ;LeLil)[I,.. Ih,.' Jowrl BO:Ltd J~ ct)n-~itt,.'ring ;L 'l'['2nM'~[' t)l' I)~v,.'l(.)i~nl¢[~l Ri~h[- I)ro~ram. ihu c.,,lal~li,d~nlC[1L o1' · I),.,x¢l(,pn.~,]]i Ri.L. hl,~ I.arid L{ank. ar,d .., RLL[al h~cenii,'e I)i.q[k:L (RII)~. I-u]thu'r. il i% :LnLic'ip:iLL'tl Lhal a fillnl dlaJ'i' or i]1.., L.WP, I~ ~ill I~,~ [)[-,.,,~¢rnud It) Ihu I'h~;u-d h} u,:n-ly .\LI~U:J fi)r le,,iev, mid al)r)ropriah: C'OITilrLClIL '1 ti,: 'hmn Board ILx'l~ Ih:il. wiLh ix.'vi:k~n., id' Iht .\1 Ir) t~(lnipl~re mid l',.wi.~it,n (.'d' iht .,,nhdiviMt)n re.__ulaiio[i~ ;mLiCipuh.'tl Io he U'OTIq)]¢h.'(I by .'\ll~tl~;I -~()()~. ir i~, ;ll)proln iaL¢ It; cxchrd,: appli caLio[r;'f(lr (.h:~.¢h)prTi~nl hi I]1u'..\1 ID cii~ !3i..'i I'lOJ'li fl,..' in0['al(')riLirtl TI1,: lack or :n:J'o[-tlahL,: [lOLl.~i[l~ li:L'; rv:.iched u re'i-&, in ih,.' 'lown ol'.%[nh()hl. .\lLholJ~h [11,.' pr~)po~,:d ~ollJLIt)ri~, Jla'.,.; hc,:T] I1'1~ ~,[Jhjc¢l of nluu'h di~cu:,-;ion d~hnh: (.)x,:r Lhc I');J%1 ,;ix ln()nlh~, heft1 Ih¢ 'lb',vn :lr]d Lh,: Viila.._,u' of (hvenporl.. iL i.', wkl,dy a~h:ed lhtll u cri.d., e.~i:,L-;. '11~c 'l'mvr~ Board I'u¢l.~ Iht~l LI~,: I,~i.,I:'- Live (.'h J.[i~u'% IJlaL hove h,.'¢[1 Jllad,.' Lt) will ,ZliSL[r¢ p,.,H~etual ~dTor(lal-filily ;llid ['ail'l]¢:~, in Ih,: prc)c~n-;, and Ihe.~ :tr.' ~: illin~ [o h~:,r' any .'%] II) l)[:opo~ai wide. Ihnl tip ?xclL?:ion I'rmn Ihe ltlm'al~q'iu[11 i., approp['bL~ at Ih[.', time Ibr ~uh(JivJ- ~ions o1' no [no~ Iha[[ two 12~ Iolr,. 'o[[ Je~% 1hun ~evurl (7] ucr'e~ or Jall(J. Jh~, p~cd~.~re ~%'rally uoo ~rmdl fi)r cilh~r p~'~erVaLJon op~)l'LunJlic~ or clu~lerir[~ of home~, and will nnL hu~ c a sig[lif~ca[it ol'l~cl on density, i[,fra~truclu['c, a~ricul- turt[I la[ld~, waler ~uppt). n;numl n()L bc oll;'cLJve mllil ~lier Lhe amcn(lud ~Lrlxlivisiml chaplei'.ha~ hecn adopled. I.ikewi~e. any r~ew UO~L~ervaLinn ~uh(livi~ion Applicmion~ ~.ill i)rocu~sud undm' the ncw cllapl~r. ("on~crv;~Lign ~ubdivi4~)n~ are alTv~dy cxdu(led I~nm ~1~ rrlor;~Lmiunl pur~mtn~ tu ~cclion 4. The i~,~LJO~ I~cin~ Lhu 'lb~%n ()f i~Ue~ ~tre corn~le~. I'he ~hm'~ rd~r- ~nced legislative. ~olurions. ~ well ~lhm'~ mcOTnTnel~ded in Illc D(]I~I~. ,u'~ being di~cLIs~cd and dcbaled. Mc~:m~vhil~ Ih~ 'lbwn c~ntinue~ m I~c~ dpnifican~ d~velopmem p~e~ure, it cridc~d Ihal Ihe i~s~ bc ~mpplud wid~ in ~ compr~hgn~ive nmanncr, crucial islmive dccisimh m%mad~ ~nd d~o~e deci ed ahm c and m pe~.ii lhe 'lbwn mn ~lucide on and 'cna~:r needed lu~ida- fion lo implemem Ih~ 'lbwn's comprc. hen~vc planning, addiliona~ time nc~dcd beyond ~l~e e~pirufion of ~l~c cur- re.mi moralo6um. ,kn additional e.~len- .dnn of Ibc moralorium will enable Tmvn h~ cominue, to I~'u, on cral~ing and impl~memin~ a s~rUlepy Io ensure lira1 it aClually achieves i~ planning ol~jccd~. 'l'hi~.acfinn Js neces~ar~ in order lo p~x~lect II~e character, nmur~l resources, public ~en ice~ und of lh~ 'lbwn of Southokl and 1he public heallh, sai~ly and ~elfme o~'lbwn ~'si- d~m~. This local law. is inlended Io u.~lend Ihe momlorium for an additional o~me hundred eighb (180~ days I~om August 5.2004. ~cclion 2. E~ACTMENT.()F '1EMI~OI~ARY'MORATO~IL'M For a period o1~ One Hundred ~nd Eight7 ~ I~0) Days Ibllo~ in~ Ihu efi~c- 'fiv~ d~le uf d~is I.ocal I.aw after wluch da~e fld~ I.ncal. I.aw ~hall lap~ and he widmom I~nher Ib~'e and cfl~cl ~d sub. .ie~ ~o any od~e~ I.ocal I,~w ad(.q?ud hy dm 'Fbwn Bored d~'in~ Ihe One ~umlred and Eighly ~1 ~0) day pe~mod: I) time Plannin~ Board M~all nm accep~ for reviews, confinu~ re~ ie~. hnld ~ Imc~in~ or make ~ny dccb~on upon ~ny applicmion I'm' a subdivision. whmhe~. Iha~ suhdivi~i(.m application wa~ ~ubmiucd p6or Io or afl~ 0~e ~ff~c- li~e dnl~ ol'this la~. 'Hmis bw appli~, ~uhdivbion~ (whed~cr major ~uhdK ~ions nr min~r ~uhdivision~) as defined in ~oufl~nld Ibsen Codu ~ A-106-13. ~c ~lalulory and Iocally. e~mac~ed pm iod~ Ibr proccs~in~ m~d making de,i- ,inns vn ail ~spem~ hi' ~uhdivbion appli- cal[on~ ~including. hum no~ linmh~'d .~<mch plan~, prclimina~' and Final sub- divbinn pimp) arc ~nspended und ~d~ile dmi~ Local I,~ i~ in eA~'cK 2) Ih~ Planning Bonrd shall dC~p[ [~'M' I'~ViC~ cOfll~R[le I'~'~ ie~ . hold a h~ming nr m~e any d~c~ion ~n~ ~pplicalioh for a ~il~ plan cnnminin~ I)~VELLIN(I led p~ ior[o or ~fler 1he el'l~'cl~ve dale ~.l~i~ law. and ~hall m~l h~ subjcc~ m tlmu time periud~ spccifi~l in 'IV~T~ I.,m' 271-a and ~rdclu XXV of Ih~ 'Ibsen Code. includin~ ~id~ou~ linmiln don. prm Nion~ rd~nin~ 16 d~e. pmc~s- in~ ru~ ic~iny. Ilolding hi' hearin~.~ und ~l~c r~nd,'~ iny or deci~ion~. The and Ioc~ll~-cnn~qed linme pmiod, pro~e.,~m~ and Hl~khl~ deciqolm olin all ~sp~cls ol'MIC plan ~lpp[~cal~Oll~ coHlalll- in~ d~ullin~ unil(~l me ~uspendcd nnd ~m~cd while ~his I.ocal I.aw ~ in 3 ~'l'be Znnin~ Bom'd nl'Appeal~ .~hall 11oi ~i~c~'[~l I~r ~evi~w. CoAl~l~UC hold a h~ari~mg on, ~o[11~1111c' a hc~M ~11~ Ibr u. ~pccial ~x,:epdon usc pcnni~ which application i.~ aho ~ul~ec~ ~o Phmqin~ Board al~prm al pm'su;m~ ~o ~l~c .'lbwn Codu ~d~e.c ~l~e I~l~m~min~ Bound pmhiN~cd fl'ohm ~evk. win&. hohlin~ Imearings on ~nd mukin& dcci- Mon~ on brcuu~e o1' d~c prm'ision., of ~h~ I(.wul lay.. ~dmulhem' said ~pplicatiun ~s ~ubmiltcd prim' t~ ur ~tl~'~ d~c effec liv,~ dale o[' 1hi., local Inw. 'l'hi~ local I;m' ~lmnll nppl~ ~o Al.I, [ncw o~ p, mding[ applicufion~ fi, eid~er ~uhdivi,ion approval or special e.xccp- tlul I'tt['lhe[' cleln.~. .~O{[Lhokl. / \th lil ]t)nnl L), Ih,,. T(_)v.'u '46· The Suffo? Times · /~' ' J'st 5, 2004 time periods. This local law suspends ~-From previous page and stays ~e ~g oft~e periods for processing, act~g upon. hold~g he~- Section 4. EXCLUSIONS ings'on, m~g de~sions ~d · ~s Local Law shaQ not app y to: action on such sub, vision applications . 1) subdivisions f6r wMch ~M plat or (~cludhg. but not ~ted to,' sketch Conditional final plat approvM was pl~s. preli~' aud Final sub,vision ~ted by ~e Pla~hg Boa~ prior to pla~ provided for ~ ~ose laws. theeffective date of ~s local la~: ~ ' . 2) setoffs ~ deFmqd ~,~e de~Qon pr0~'isio~ 0f t~s Local Lfiw ~e con- .of "Subdfvision" in Southold Town s~ed as' 6e~g ~comisteni wi~ the C~ secti~nA10~;l~:. ' . ~': ~ pr0vis.ions ot'To~ Law,~ 267, 267- 3) Lot ~eapphcatlons;' ' , a. 267-b 267-c or 282 relat~g'to ~e . ~) nety ~r pengo apphcauons for authofi~ ~e su~ms~on ota p~cel of pfope~' o~er reUef ~om ~s Loc~ LaW. 't~s where ~terests or ,rights h re~ prope~, Uocal 'Law is Mtendbd to sfiperse& ~d (~e fee 0r ~v lesser ~terest develop- amend any sfid hco~istent authofi~- 'men( r ~hts 'easement' coven~t' or ~ he' extent '~nd de~ee '~- ~o~er con,actual right ') to' a pomou o[ r t~s Local Lat~ ~e c ~n- ~f ~ffted ~tor ' ' hco~istent, with ~e a~v ~ 274~a ~d t~e set tbnh .~,~ pri6i'"t6' the date'of'this lo6a lan,'.'~' ." .... ~ new or F .'ndw g "apphcauons",for ~subdivision' of..a' parcel 6'f prdper !~'he'fe an e. xeeuted'eOnurdc?l,(daie~d,pridr[[i thd'~effectiVe ,'dar4 :of this !local" law' I,t' .~xmsts to either sell or'gift !,,interests or,III, i'th~ 'fee ."0t "an, g 13blic~tions ed ito' supersede and "amend an)' sam incbnsistent authofip , ,, ' ' Be ~onstrued ith the, pro,d- 274-b of act peri- stays the ~tica- Law. t, ~upon..its or the safe~3 being fi,.[ The Tov:n acc6ufli the exist- edtate x icmtts, ot a;ater supply. of the must, .comply provisions of ~f ties 'of ' proce- · 27 and . of shall- _, and make - twith , rive dis- '. than fie Sec- ' )FO-