HomeMy WebLinkAboutTB-08/23/1999-S30
SOUTHOLD TOWN BOARD
SPECIAL MEETING
AUGUST 23, 1999
A Special Meetincj of the Southold Town Board was held on August
23, 1999, at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Cochran opened the meeting at 9:00 A.M. With the Pledge of
Allegiance to the Flag.
Present:' Supervisor Jean W. Cochran
Councilwoman AJice J. Hussie
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
Absent: Justice Louisa P. Evans
SUPERVISOR COCHRAN: I would like to make an announcement. I was up
in Albany Wednesday, Thursday, and Friday of this week taking care of
some business, but while I there ~1 had a phone call from the Peconic Land
Trust, and we have reached a tentative agreement in relation to the
purchase of Dam Pond. So, that is good news for everyone. I think we
have thirty days so we have some shuffling to do. We would like to get
some of the money matched. The County, Mike Caraccciolo, has put a
resolution on at the last Legislative meeting and hopefully that will pass.
But, we have got several places that we are trying to match the funding so
it is hip, hip, hooray, and it is a good one. It is part of our heritage. It
is a beautiful spot, and it looks like keep your fingers crossed for the
next thirty days, and hopefully we can work the whole ;thing out. There
are no reports, public notices, or communications.
I. REPORTS. None.
II. PUBLIC NOTICES. None.
III. COMMUNICATIONS.None.
IV. PUBLIC HEARINGS. None.
V. RESOLUTIONS.
SUPERVISOR COCHRAN: We have resolutions. The first one is a bond
resolution for $2,000,0000 for the acquisition of interest in real property
including but limited to development rights in agricultural lands for the
p~'eservation of open space.
.-Moved by Supervisor Cochran, seconded by Councilman Moore,
BON-D I~SOT.OTION OF ?I-I~. TOWN OF SOO~I-IO~D, N~W YORK,
ADOPTED AUGUST 23, 1999, AUTIqORIZING THE
ACQUISITION OF, iNTERESTS OR RIGHTS IN REAL
PKOPEK%~Z, INCLUDING, BUT NOT LIMITED TO,
SOUTHOLD TOWN BOARD AUGUST 23, 1999
DEVELOPMENT RIGHTS IN OPEN AGRICULTURAL LANDS,
WITHIN SAID TOWN, FOR THE PRESERVATION OF OPEN
SPACES AN~ AREAS AND TO MAINTAIN AND ENF3LNCE THE
CONSERVATION OF NATURAL OR SCENIC RESOURCES,
PROVIDED, HOWEVER, TFL~T NO SUCH INTERESTS OR
RIGHTS IN REAL PROPERTY SHALL BE ACQUIRED UNTIL
ALL RELEVANT PROVISIONS OF THE STATE ENVIRQNMENTAL
QUALITY REVIEW ACT HAVE BEEN COMPLIED WITH AND A
FINAL DECLARATION AS TO ENVIRONMENTAL IMPACT HAS
BEEN DULY DECLARED, STATING THE ESTIMATED MAXIMUM
COST THEREOF IS $2,000,000, APPROPRIATING SAID
AMOUNT THEREFOR, AUTHORIZING THE ISSUANCE OF
$2,000,000 SERIAL BONDS OF SAID TOWN TO FINANCE
SAID APPROPRIATION, STATING THAT LAND INSTALLMENT
PURCKASE OBLIGATIONS ARE AUTHORIZED TO BE ISSUED
PURSUANT TO THIS BOND RESOLUTION AND DETERMINING
THAT THIS BOND RESOLUTION SHALL BE SUBJECT TO A
MANDATORY REFERENDUM.
Recitals
WHEREAS, pursuant to Section 247 of the General
Municipal Law, constituting Chapter 24 of the Consolidated Laws
of the State of New York (herein called "Section 247"), the Town
of Southold, Suffolk County, New York (herein called "Town"), is
authorized to acquire interests or rights in real property for
the preservation of open spaces and areas as defined in Section
247; and
WHEREAS, such acquisition of interests or rights in
land situate throughout the Town for the preservation of open
spaces and areas and maintaining and enhancing the conservation
of natural or scenfc resources, as defined in Section 247, must
be found, determined and deemed to be necessary, in the public
interest and a proper public purpose of the Town in accordance
with the findings and determinations of the State Legislature as
set forth in Section 247; and
AUGUST 23~ 1999 SOUTHOLD TOWN BOARD
WHEREAS, in pursuance thereof, the Town desires to
implement the land acquisition and financing program hereinafter
set forth and to authorize the issuance of land installment
purchase obligations for the purpose of financing the acquisition
of such-'interests or rights in real property:
now, therefore
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY
OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of
not less than three-fifths of all the members of said Town Board)
AS FOLLOWS:
Section 1. The Town is hereby authorized to acquire by
purchase, gift, grant, bequest, devise, lease or otherwise, the
fee or any lesser interess, development right, easement, covenant
or other contractual right necessary to achieve the purposes of
Section 247, in various parcels of real property, including, but
not limited to, development rights in open agricultural lands,
actually used in bona fide agricultural Production within the
Town, for the preservation of open spaces and areas and to
maintain and enhance the conservation of natural or scenic
resources, as may be authorized from time to time by the Town
Board of the Town, after due notice and a public hearing,
pursuant to the provisions of Section 247 and applicable
provisions of the Town of Southold Code, including incidental
costs incurred in relation thereto, such acquisition being hereby
found, determined and deemed to be necessary and'in the public
interest and a proper public ~urpose of the Town in accordance
with the findings and.determinations set forth in Section 247;
provided, however, that no such right, including the fee or any
lesser interest, development right, easement, covenant, or other
contractual right in any piece or parcel of such lands shall be
so acquired until all relevant provisions of the State
Environmental Quality Review Act (herein called "SEQRA"),
constituting Article 8 of the New York Environmental CoDservatlon
Law, have been complied with and a final declaration as to
environmental impact has been duly declared by the entity duly
SOUTHOLDTOWNBO~
AUGUST 23~ 1999
authorized to make such determination and declaration. The
estimated maximum cost of said class of objects or purposes,
including preliminary costs and costs incidentaI~ thereto and the
financing thereof, is $2,000,000, and said amount is hereby
appropriated therefor. The plan of financing includes the
issuance of $2,000,000 serial bonds of the Town to finance said
appropriation and the levy and collection of taxes on all the
taxable real property in the Town Eo pay the principal of said
bonds and the interest thereon as the same shall become due and
payable.
Section 2. Serial bonds of the Town in the principal
amount of $2,000,000.are hereby authorized to be issued pursuant
to the provisions of the Local Finance Law, constituting Chapter
33-a of the Consolidated Laws of the State of New York (herein
called "Law"), to finance said appropriation.
Section 3. The following additional matters are hereby
determined, stated and declared:.
(a) The period of probable usefulness of said class of
objects or purposes, as described herein, for which the serial
bonds authorized pursuant to this resolution are to be issued,
within the limitations of Section 11.00 (a) 21. of the Law, is
thirty (30) years.
(b) All or a portion of the indebtedness to be
contracted by the Town for the purpose of financing the
acquisition of such interests or rights in real property may be
issued in the form of a land installment purchase obligation or
obligations pursuant to the provisions of Section 29.10 of the
Law; any portion of said estimated maximum cost that is not
financed by the issuance of a land installment obligation or
obligations may be financed through the issuance of such bonds or
bond anticipation notes issued in anticipation of the sale of
such bonds.
(c) The proceeds of the bonds herein authorized and
any bond anticipation notes issued in anticipation of said bonds
may be applied to reimburse the Town for expenditures made after
the effective date of this resolution for the purpose or purposes
for which said bonds are authorized. The foregoing statement of
intent with respect to reimbursement is made in conformity with
Treasury Regulation Section 1.150-2 of the United States Treasury
Department.
(d) The proposed maturity of said $2,000,000 serial
bonds will .exceed five (5) years.
Section 4. Each of the bonds authorized by this
resolution and any b6nd anticipation notes issued in anticipation
of the sale of said bonds as well as any bond purchase obligation
shall contain the recital of validity as prescribed by Section
52.00 of the Law and said bonds and any notes issued in
anticipation of said bonds, shall be general obligations of the
Town, payable as to both principal and interest by general tax
upon all the taxable real property within the Town without
limitation of rate or amount. The faith and credit of the Town
are hereby irrevocably pledged to the punctual payment of the
principal of and interest on said bonds and any notes issued in
anticipation of the sale of said bonds and provision shall be
made annually in the budget of the Town by appropriatign for (a)
the amortization and redemption of the bonds and any notes in
anticipation thereof to mature in such year and (b) the payment
of interest to be due and payable in such year.
Section 5. Subject to the provisions of uhis
resolution and of the Law and pursuant to the provisions of
Section 21.00 relative to the authorization of the issuance of
bonds with substantially level or declining annual debt service
and of Section 30.00 relative to the authorization of the
iBsuance of bond anticipation notes and of Section 50.00 and
Sections 56.00 to 60.00 of the Law, the powers a~d duties of the
Town Board relative to authorizing bond anticipation notes and
prescribing the terms, form and contents and as to the sale and
SOUTI-IOLD TOWN BOM AUGUST 23, 1999 3 0 9
issuance of the bonds herein authorized and of any bond
anticipation notes issued in anticipation of said bonds, and the
renewals of said bond anticipation notes, are hereby delegated to
the Supervisor, the chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by
this resolution and of any noues issued in anticipation of the
sale of said bonds, may be conuested only if:
(a) such obligations are authorized for an object or purpose for
which the Town is not authorized no expend money, or
(b) the provisions of law which should be complied
with at the date of the publication of such resolution are
not substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such publication,
or
(c) such obligations are authorized in violation of
the provisions of the constitution.
Section 7. A proposition for the approval or
disapproval of this bond resolution shall be submitted to the
qualified voters'~of the Town an the Biennial Town Election ~o be
held on November 2, 1999, and this bond resolution shall take
effect upon the approval of the Proposition by said voters of the
Town at that Election.
by Councilman Mo~re
resulted as follows:
The adoption of the foregoing resolution was seconded
and duly put to a vote on roll call, which
Councilman Brian G. Murphy
Councr John M. Romaneili
AYES: Councilman William D. Moore
Councilwoman Alice J. Hussie
Supervisor Jean W. Cochran
NOES: None
The resolution was declared adopted.
12,--
Councilman Romanelli offered the following resolution and moved its
adoption.
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY
OF SUFFOLK, NEW YORK, HEREBY RESOLVES AS FOLLOWS:
Section 1. At the Biennial Town Election of the Town
of Southold (herein called "Town"), in the County of Suffolk, New
York, to be held on November 2, 1999, between the hours of 6:00
o'clock A.M. (Prevailing time) and 9:00 o'clock P.M. (Prevailing
Time) or as much longer as may be necessary to enable the voters
then present to cast their votes, Proposition No. I , in
substantially the followin9 form, shall be submitted to the
qualified voters of the Town and shall be included in the Notice
of such Biennial Town Election:
PROPOSITION No. 1
SHALL THE bond RESOLUTION ENTITLED: "BOnd
Resolution of the Town of Southold, New York,
adopted Aug/lst 23, 1999, authorizing the
acquisition of interests or rights in real
property, including, but not limited to,
developmental rights in open agricultural lands,
within said Town, for the preservation of open
spaces and areas and to maintain and enhance the
conservation of natural resources, provided,
however,' that no such interest or rights in real
property shall be acquired until all relevant
provisions of the state environmental quality
review act have been complied with and a final
declaration as to environmental impact has been
duly declared, stating the estimated maximum cost
thereof is $2,000,000, appropriating said amount
therefor, authorizing the issuance of .$2,000,000
serial bonds of said Town to finance said
appropriation, stating-that land installment
purchase obligations are authorized to be issued
pursuant to this bond resolution and determining
that this bond resolution shall be subject to a
mandatory referendum," BE APPROVED?
An abstract of said bond resolution, concisely stating
the purpose and effect thereof, is as follows:
FIRST: RECITING that pursuant to Section 247 of the
New York General Municipal Law ("Section 247"), the Town of
Southold ("Town"), is authorized to acquire interests or rights
in real property ~or the preservation of open spaces and areas
and maintaining and enhancing the conservation of natural or
scenic resources, ~s defined therein; that such acquisition of
interests or rights in real property throughout the Town must be
found, determined and deemed to be necessary, in the public
interest and a proper public purpose of the Town in accordance
~'~h the provisions of Section ~247 and the Town.desires to
implement the land acquisition and financing program hereinafter
~ht forth and to authorize the issuance of land installment
purchase obligations for such purpose;
SOUTHOLD TOWN BO~d)
AUGUST 23~ 1999
31I
SECOND: AUTHORIZING the Town co acquire by purchase,
gift, grant, bequest, devise, lease or otherwise, the' ~ee or any
lesser interest, development right, easement, covenant or other
contractual right hecessary to achieve the purposes of Section
247, in various parcels of real .property, including~ but not
limited to, deyelopment rights in open agricultural lands,
actually used in'b~na, fide agriCultUral ~r0ducti6n within the
Town, for the. prese~ation ~f open SPaces~ and areas and to
maintain and enhance the.conservation of natural or scenic
resources, as may be authorized from time to t
Board of the Town,. .after due notice and a
pursuant t
provisions
costs
found,
interest
with the
provide~
lesser ~
conl
so acquired
'.sions~of Section
Df Southol.d Code,
thereto, such
to bs necess
purpose of
the Town
:idental
hereby
public
on 247;
fee or any
, or other
shall be
~uith
$2
of
pay the
.e real propert
of said bonds and interes
has been
imum cost
said cost;
of
lection
~Town to
THIRD: AUTHORIZING the issuance
bonds of the T0wn p~rsuant to the Local
of New York ("Law") to finance said appropriati(
000 serial
the State
FOURTH: DETERMINING and STATING the period of probable
usefulness applicable to the class of objects or purposes for
which said bonds are authorized to be issued is thirty (30)
years; that all or a portion of such bonds or any bond
anticipation notes may be issued in the form of a land
installment p~Chase ~bligation or obligatiOns pursuant to
Section 29.10 of theL Law; the proceeds of.the bonds may be used
to reimburse the ToWn'for expenditures mad~ ~fter the effective
date hereof for the purpose for which said bonds are authorized;
and the proposed maturity of said serial bonds will exceed five
(5) years;
FIFTH: DETERMINING that said bonds and any bond
anticipation notes issued in anticipation of said bonds and the
renewals of said bond anticipation notes shall be general
obligations of the'Town; and PLEDGING to their payment the faith
and credit of the Town;
SIXTH: DELEGATING uo the Supervisor the powers and
duties as to the issuance of said bonds and any bond anticipation
notes issued in anticipation of said bonds, or the renewals
thereof; and
SEVENTH: DETERMINING that a Proposition for the
approval or disapproval bf this bond resolution shall be
submitted to the-qualified voters of the Town at ~he Biennial
Town Election to be held on November 2, 1999 and that this bond
resolution shall take effect upon such approval.
Said ProDosition shall appear in stlbs~ntially the
following form on the ballot label to be lnserted on the voting
machines to be used for voting au said Biennial Town Election:
YES: NO: ~
AUGUST 23, 1999
SOUTHOLD .TOWN BOARD
PROPOSITION No. I
SHALL THE BOND RESOLUTION ENTITLED: "Bond
Resolution of the Town of Southold, New York,
adopted August 23, 1999, authOrizing the
acquisition of interests or rights in real
property, including, but not limited to,
develOpment~at rights in open agricultural lands,
within Said Town, for the preservation of open
spaces and areas and to maintain~and enhance the
conservat.ion of natural.res(
however, that no such tn, real
roperty shall be acquired until~alI relevant
roviSions .of the state environmenta
review aCth~ave.b~en complied'wi1
therefor
appr
the issuance.' of 0G,.000
sa id Town to finance
ing
resolutio~ .a
Section.2. The Town Clerk is and directed
to publish at. least onoe in ""THE SUFFOLK TIMES," a newspaper
published in Mattituck, New York, hereby designated the Official
newspaper of the Town for such publication, and to post on the
sign board of the Town maintained pursuant to subdivision 6 of
Section 30 of the Town Law, said publication and posting to be at
least ten (10) days before the Biennial Town Election, the Notice
thereof, including the said Proposition for the approval or
disapproval of the Bond Resolution adopted at this meeting.
Section 3. The polling places in each of the
respective election districts of the Town shall be the same
polling places as shall be used au General Elections.
Section 4. After said bond resolution shall take
effect, the Town Clerk is hereby directed to cause said bond
resolution to be published, in full, in the newspaper referred to
in Section 2 hereof, and hereby designated the official newspaper
Of the Town for said publication, together with a Notice in
substantially the form as provided by Section 81.00 of the Local
Finance Law, constituting Chapter 33-a of the Consolidated Laws
of the State of New York.
SOUTHOLD TOWN BO~
AUGUST 23~ 1999
313
Section 5. This resolution shall take effect immediately.
la.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanell|, Councilman Moore, Councilwoman Hussle, Supervisor Cochran.
This resolution was duly ADOPTED.
2.-Moved by Councilman Murphy, seconded by Councilwoman Hussie,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED AUGUST 23, 1999, AUTHORIZING THE
IMPROVEMENT AND PRESERVATION OF TOWN WATERWAYS,
INCLUDING, BUT NOT LIMITED TO, PRESERVATION OF
TIDAL WETLANDS, SALT MARSHES, CREEKS, BAYS, LONG
ISLAND SOUND, ESTUA/{IES AND FRESH WATER WETLANDS,
PROVIDING OF PUBLIC ACCESS TO SUCH WATERWAYS,
DRAINAG~AND RUN-OFF, ALL IN THE INTEREST OF
IMPROVING WATER QUALITY AND WATERWAYS; PROVIDED,
HOWEVER, THAT NO SUCH IMPROVEMENT, PRESERVATION OR
PROVIDING OF ACCESS, DRAINAGE OR RUN-OFF SHALL BE
COMMENCED UNTIL ALL RELEVANT PROVISIONS OF THE
STATE ENVIRNOMENTAL QUALITY REVIEW ACT HAVE BEEN
COMPLIED WITH AND A FINAL DECLARATION AS TO
ENVIRONMENTAL IMPACT HAS BEEN DULY MA]DE, STATING
THE ESTIMATED I~LAXIMUM COST THEREOF IS $250,000,
APPROPRIATING SAID AMOUNT THEREFOR, AUTHORIZING
THE ISSUANCE OF $250,000 SERIAL BONDS OF SAID TOWN
TO FINANCE SAID APPROPRIATION AND DETERMINING THAT
THIS BOND RESOLUTION SHALL BE SUBJECT TO A
I~J~NDATORY REFERENDUM.
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY
OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of
not less than three-fifths of all the members of said Town Board)
AS FOLLOWS:
Section 1. The Town is hereby authorized to improve
and preserve Town waterways, including, but not limited to,
preservation of tidal wetlands, salt marshes, creeks, bays, Long
Island Sound, estuaries and fresh water wetlands and to provide
public access to Waterways, drainage and run-off, all in ~he
interest of improving water quality and waterways; provided,
however, that no such improvement, preservation or providing such
access, drainage or run-off shall be so commenced until all
relevant provisions of the State Environmental Quality Review Act
(herein called "SEQP~A"), constituting Article 8 of the New York
Environmental Conservation Law, with respect thereto have been
complied with and a final declaration as to environmental impact
has been duly made by the entity duly authorized to make such
determination and declaration. The estimated maximum cost of
said class of objects or purposes, including preliminary costs
and costs incidental thereto and the financing thereof, is
$250,000, and said amount is hereby appropriated therefor. The
plan of financing includes the issuance of $250,000 serial bonds
of the Town to finance said appropriation and the levy and
collection of taxes on all the Eaxable real property in the Town
to pay the principal of said bonds and the interest thereon as
the same shall become due and payable.
Section 2. Serial bonds of the Town in the principal
amount of $250,000 are hereby authorized to be issued pursuant to
the provisions of the Local Finance Law, constituting Chapter 33-
a of the Consolidated Laws of the State of New York (herein
called "Law"), to finance said appropriation.
Section 3. The following additional matters are hereby
determined, stated and declared:
SOUTHOLD TOWN BOARD AUGUST 23, 1999 3 'i 5
(a) The period-of probable usefulness of said objec5
or purpose, as described herein, for which the serial bonds
authorized pursuant ~o this resolution are to be issued, within
5he limitations of Secsion 11.00 (a) 3. of the Law, is thirty
(30) years.
(b) The proceeds of Lhe bonds herein authorized and
any bond anticipation noses issued in anticipation of said bonds
may be applied to reimburse the Town for expenditures made after
the effective date of 5his resclution for the purpose or purposes
for which said bonds are authorized. The foregoing statement of
intent with respect ko reimbursemen~ is made in conformity with
Treasury Regulation Secuion 1.150-2 of the United States Treasury
Department.
(c) The proposed maturity of said $250,000 serial
bonds will exceed five (5) years.
Section 4. Each of uhe bonds authorized by this
resolution and. any bond anulcipation notes issued in anticipation
of the sale of said bonds as well as any bond purchase obligation
shall contain the recital of validity as prescribed by Section
52.00 of Ehe Law and said bonds and any notes issued in
anticipation of said bonds, shall be general obligations of the
Town, payable as ~o both principal and interest by general Eax
upon all the taxable real property within the Town witho~%
limitation of rate or amcunu. The faith and credit of the Town
are hereby irrevocably pledged to the punctual payment of the
principal of and interesu on said bonds and any notes issued in
anticipation of the sale of said bonds and provision shall be
made annually in the budget of the Town by appropriation for (a)
the amortization and rede.mpuion of the bonds and any notes in
-":' anticipation thereof ~o ma~ure in such year and (b) the payment
of interest to be due and payable in such year.
3 AUGUST 23, 1999 SOUTHOLD TOWN BOARD
Section 5. Subject to the provisions of this
resolution and of the Law and pursuant to the provisions of
Section 21.00 r~iative to the authorization of the issuance of
bonds with substantially level or declining annual debt service
and of Section 30.00 relative to the authorization, of the
issuance of bond anticipation notes and of Section 50.00 and
Sections 56.00 to 60.00 of the Law, the powers and duties of the
Town Board relative to authorizing bond anticipation notes and
prescribing the terms, form and contents and as to the sale and
issuance of the bonds herein authorized and 6f any bond
anticipation notes issued in anticipation of said bonds, and the
renewals of said bond anticipation notes, are~hereby delegated to
the Supervisor, the chief fiscal officer of the Town.
Section 6. The validity of the bonds~uthorized by
this resolution and of any notes issued in anticipation of the
sale of said bonds, may be contested oniy if:
(a) such obligations are authorized for an object or
purpose for which the Town is not authorized to expend
money, or
(b) the provisions of law which should be complied
with at the date of the publication of such resolution are
not substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such publication,
or
(c) such obligations are authorized in violation of
the provisions of the constitution.
Section 7. A proposition for the approval or
disapproval of this bond resolution shall be ~bmitted to the
qualified voters of the Town at the Bien. nial Town Election to be
held on November 2, 1999, and this bond resolution shall take
effect upon the approval of the proposition by .said voters of the
Town at that Election.
SOUTHOLDTOWN BOARD AUGUST 23, 1999
by Councilwoman Hussie
The adoption of the foregoing resolution was seconded
and duly pus 5o a vote on roll call, which
resulted as follows:
AYES:
Councilman Brian G. Murphy
Councilman John M. Romaneili
Councilman William D. Moore
Councilwoman Alice J. Hussie
Supervisor Jean W. Cochran
2e a,
NOES: None
The resolution was declared adopted.
Supervisor Cochran offered the foligwing resolution
and moved its adoption: ~
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY
OF SUFFOLK, NEW YORK, HEREBY RESOLVES AS FOLLOWS:
Section 1. At the Biennial Town Election of the Town
of Southold (herein called "Town"), in the County of Suffolk, New
York, to be held on November 2, 1999, between the hours of 6:00
o'clock A.M. (Prevailing time) and 9:00 o'clock P.M'. (Prevailing
Time) or as much longer as may be necessary to enable the voters
then present to cast their voses, Proposition No. 2 , in
substantially the following form, shall be submitted to the
qualified voters of the Town and shall be included in the Notice
of such Biennial Town Election:
PROPOSITION No. 2
SHALL THE BOND RESOLUTION ENTITLED: "BOND
RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED AUGUST 23, 1999, AUTHORIZING THE
IMPROVEMENT AND PRESERVATION OF TOWN WATERWAYS,
INCLUDING, BUT NOT LIMITED TO, PRESERVATION OF
TIDAL WETLANDS, SALT MARSHES, CREEKS, BAYS, LONG
ISLAND SOl/ND, ESTUARIES AND FRESH WATER WETLANDS,
PROVIDING OF PUBLIC ACCESS TO SUCH WATERWAYS,
DRAINAGE AND RUN-OFF, ALL IN THE INTEREST OF
IMPROVING WATER QUALITY AND WATERWAYS; PROVIDED,
HOWEVER, THAT NO SUCH IMPROVEMENT, PRESERVATION OR
PROVIDING OF ACCESS, DRAINAGE OR RUN-OFF SHALL BE
COMMENCED'UNTIL ALL RELEVANT PROVISIONS OF THE
STATE ENVIRNOMENTAL QUALITY REVIEW ACT HAVE BEEN
COMPLIED WITH AND A FINAL DECLARATION AS TO
ENVIRONMENTAL IMPACT HAS BEEN DULY MADE, STATING
THE ESTIM3LTED MAXIMUM COST THEREOF ES $250,000,
APPROPRIATING SAID AMOUNT THEREFOR, AUTHORIZING
THE ISSUi~NCE OF $250,000 SERIAL BONDS OF SAID TOWN
TO FINANCE SAID APPROPRIATION, STATING THAT LAND
INSTALLMENT PURCHASE OBLIGATIONS ARE AUTHORIZED TO
BE ISSUED PURSUANT TO THIS BOND RESOLUTION AND.
DETERMINING THAT THIS BOND RESOLUTION SHALL BE
SUBJECT TO A MANDATORY REFERENDUM," BE APPROVED?.
An abstract of said bond resolution, concisely stating
the purpose and effect thereof, is as follows:
FIRST:'AUTHORIZING the Town to improve and preserve
Town waterways, including, bus not limited to, preservation of
tidal wetlands, salt marshes, creeks, bays, Long Island Sound,
estuaries and fresh water wetlands and to provide public access
to waterways, drainage and run-off, all in the interest of
improving water quality and waterways; proVided, however, that no
such right, including the fee or any lesser i~terest, development
right, easement, covenant, or other contractual right in any
piece or parcel of such lands shall be so acqUired until all
relevant provisions of the State Environmenta~ Quality Review Act
("SEQRA"), have been complied with and a final~declaration as to
environmental impact has been duly made by the?entity duly
authorized to make such determination and declaration; STATING
the estimated maximum cost thereof is $250,000; APPROPRIATING
$250,000 to pay said cost; and STATING the p!gn of financing
includes the issuance of $250,000 serial bond~ of the Town, and
the levy and collection of taxes upon all the taxable real
property within tSe Town to pay the principal of said bonds and
interest thereon;
SECOND: AUTHORIZING the issuance of $250,000 serial
bonds of the Town pursuant to the Local Finance Law of the State
of New York ("Law") to finance said appropriation;
THIRD: DETERMINING and STATING the period of probable
usefulness applicable to the object or purpose for which said
bonds are authorized to be issued is thirty (30) years; that all
or a portion of such bonds or any bond anticipation notes may be
issued in the form of a land installment purchase obligation or
obligations pursuant to Section 29.10 of the Law; the proceeds of
the bonds may be used to reimburse the Town for expenditures made
after the effective date hereof for the purpose for which said
bonds are authorized; and the proposed maturity of said serial
bonds will exceed five (5) years;
FOURTH: DETERMINING that said bonds and any bond
anticipation notes issued in anticipation of said bonds and the
renewals of said bond anticipation notes shall be general
obligations of the Town; and PLEDGING to their payment the faith
and credit of the Town;
FIFTH: DELEGATING to the Supervisor the powers and
duties as to the issuance, of said bonds and any bond anticipation
notes issued in anticipation of said bonds, o'r the renewals
thereof; and
SIXTH: DETERMINING that a proposition for the approval
or disapproval of this bond resolution shall be submitted to the
qUalified voters of the Town at the Biennial Town Election to be
held on November 2, 1999 and that this bond resolution shall take
effect upon approval of such proposition.
Said proposition shall appear in substantially the
following form on the ballot label to be inserted on the voting
machines to be ~sed for-voting at said Biennial Town Election:
YES: NO:
SOUTHOLD TOVCN BO~
AUGUST 23~ 1999
31.9
PROPOSITION No. 2
SHALL THE BOND RESOLUTION ENTITLED: "BOND
RESOLUT.ION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED AUGUST 23, 1999, AUTHORIZING THE
IMPROVEMENT AND PRESERVATION OF TOWN WATERWAYS,
INCLUDING,. BUT NOT' LIMITED TO, PRESERVATION OF
TIDAL WET'DS,~ SALT MARSHES, CREEKS, BAYS, LONG
ISLAND SOUND, ESTUARIES AND FRESH WATER WETLANDS,
PROVIDING OF PUBLIC ACCESS TO SUCH WATERWAYS,
DRAINAGE AND RUN-OFF, ALL IN THE INTE'REST OF
IMPROVING WATER QUALITY AND WATERWAYS; PROVIDED,
HOWEVER, THAT NO SUCH IMPROVEMENT, PRESERVATION OR
PROVIDING OF ACCESS, DRAINAGE OR RUN'OFF SHALL BE
COMI&ENCED UNTIL ALL RELEVANT PROVISIONS OF THE
STATE ENVIRNOMENTAL QUALITY REVIEW ACT HAVE BEEN
COMPLIE~D WITH AND A FINAL DECLARATION'AS TO
ENVIRONMENTAL· IMPACT HAS BEEN~VDULY ~E, STATING
THE ESTIMATED MAXIMUM COST THEREOF IS $250,000,
APPROPRIATING SAID AMOUNT THEREFOR, '.AUTHORIZING
THE ISS~3ANCE OF $250,000 SERIAL BONDSi.OF SAID TOWN
TO APPROPRIATION, STATI~ THAT LAND
PURCHASE OBLIGATIONS ~ .Ai~E~ AUTHORIZED TO
BE PURSUANT TO THIS BOND i{~SQL~TION AND
THAT THIS BOND REsoL~3TI'0N~'~SHALL BE
SU~ ) A MJ~NDATORY REFERENDUM," BE APPROVED?
Section 2. The Town Clerk is hereby authorized and
directed to publish at least once in "THE SUFFOLK TIMES," a
newspaper published in Mattituck, New York, hereby designated the
official newspaper of the Town for such publication, and to Post
on the sign board of the Town maintained pursuant to subdivision
6 of Section 30 of the Town Law, said publication and posting to
be at least ten (10) days before the Biennial Town Election, the
Notice thereof, including the said Proposition for the approval
or disapproval of the Bond Resolution adopted at this meeting.
Section 3. The polling places in e~ch of the
respective election districts of the Town shall be the same
polling places~ as shall be used at General Elections.
Section 4. After said bond resolution shall take
effect, the Town Clerk is hereby directed to cause said bond
resolution to be. published, in full, in the newspaper referred to
in Section 2 hereof, and hereby designated the official newspaper
of the Town for said publication, together with a Notice in
substantially the form as provided by Section 81.00 of the Local
Finance Law, constituting Chapter 33-a of the Consolidated Laws
of the State of New York.
Section 5. This resolution shall take effect immediately~
2a.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Councilwoman Hussie, Supervisor Cochran.
This resolution was du .y ADOPTED.
3.-Moved by Councilman Moore, seconded by Councilman MurPhy, it was
RESOLVED that the Town Board of the To~;n of Southold hereby accepts
the County Route 48 Corridor Land Use Study Findings Statement annexed
hereto.
Lead Agency:
The Town Board of the Town of Southold
Jean W. Cochran
William D. Moore
Supervisor
Deputy Supervisor
Louisa P. Evans
Alice J. Hussie
William D. Moore
Brian C. Murphy
John M. Romanelli
Councilwoman
Councilwoman
Councilman
Councilman
Councilman
Address:
53095, Main Road
Southold, NY 11971
Contact Person:
Elizabeth A. Neville
S. ibuthold Town Hall
53095 Main Road
$o. uthold, NY 11971
Phone: (516) 765-1801
Town Clerk
Prepared By:
Cramer Consulting Group, Inc,
P.O, Box 5535
Miller Place, NY 11%4
Date Final GEIS
Accepted:
July 20, 1999
Date Final Supplemental
GElS Accepted: August 3, 1999
SEQRA Status:
~gency Jurisdiction:
Type I
Elected municipal legislative body of the Towni.of Southold whose duties
..'.include development and enactment of local land use legislation including
zoning laws, approval of various land use appliiatious including re-
zonings, oversight over the land use process in ~e Town of Southold and
approval of land use plans.
Location of the Action: A corridor starting on the west at the Riverhead/Southold Town Lines,
following Sound Avenue east to its intersection with CountY Route 48 in
Mattituck; then following County Route 48 east until its intersection with
NYS Route 25 in Greenport; then following NYS Route 25 east until it
intersection with Manhasset Avenue in Greenport, which is the terminus
of the corridor. The corridor includes all parcels.located wholly or
partially within 1,000 feet north and souffi ofth~'~bove route, eXclUding
any prOperties within the Incorporated Village of Greenport. The entire
action i~ located in the Town 6~' Southold, County of Suffolk, Long Island,
i(lew York.
Description of the Ae~lon::The:Town Board of the Town of Southold;~roposes to approve ~d adopt
the County Route 48 Land Use Study, the purp(~ of Which is to provide
mmendations to the Town Board regarding appropriate land use and zoning
thin. the County Route 48 Corridor. The recommendations provided in the
.Study include potential future zoning code changes, changes in permitted land
u~es~within specific zoning districts, potential zone changes, and the adoption Of
Visual res0urce best management practices.
Note: These Findings are issued'pursuant to Part 617 of the implementing,regglations pertaining to Article 8
(State Environmental Quality Keview)0f the New York State Environmental Conservation :~fiw. Final.and ,
Supplemental Final Generic EnVironmental Impact Statements have been completed and accepted for we proposeo
action described above.
INTRODUCTION
On September 8, 1998, the Town Board of the Town of SoUthold filed a moratorium on
the issuance of approvals and permits for business-zoned properties within the County ROute 48
corridor. The moratorium was intended to allow for the study of the corridor and to make
amendments with regard to the "level and nature of business uses that are appropriate along
Route 48, such that these uses compliment existing hamlet economic centers and that bUSiness
uses appropriate outside hamlet centers are provided ample location in which to be situated".
The County Route 48 Corridor Land Use Study was subsequently conducted and submitted to the
Town Board on April 13, 1999.
The study corridor is situated entirely within the Town of Southold and includes portions
of Sound Avenue, County Route 48 and State Route 25. The corridor begins on Sound Avenue
at the western Southold Town line and continues along Sound Avenue to its junction with
County Route 48 in Mattituck hamlet. The study corridor then follow~ County Route 48 until its
junction with State Route 25 in the hamlet of Greenport. The corridor'then terminates at the
intersection of Manhasset Avenue and County Route 48/State Route 25. All parcels located ·
within 1,0013 feet ofth,::above portions of these roadways are included'in the study, with the
exception of those par~els that are within the jurisdiction of the Villag~ of Greenport.
A Positive Declaration, Notice of Public Hearing and Draft G~fieric Environmental
Impact Statement on the Land Use Study were adopted by the Town Board of the Town of
Southold on April 20, 1999. A Public Hearing on the Draft Genetic Environmental Impact
Statement was held on.:May 6, 1999 and public comments were accepted until May 20, 1999. A
Final Generic Enviro.~mn2e~'~:t~:a~:.:. impact Statement (FGEIS)was adopted by the Town Board on July
20, 1999. A Supplemental:Final Generic Environmental Impact S~atement (FGEIS) was adopted
by the Town Board on August 3, 1999.
This Findings Statement has been prepared pursuant to the requirements of Part 617.11 of
.the State Environmental Quality Review Act regulations (SEQRA) which state that no agency
'shall make a decision.on an action which has been the subject of a Final GEIS until a written
Findings statement has been prepared in.regard to the facts and conclusions in the Draft and Final
GEIS relied upon to support its decision. To conform to the SEQRA provisions, the Town Board
of thc Town of Southold has prepared this Findings Stat~meat.
3 ~2 '!2 AUGUST 23, 1999 SOUTItOLD TOWN BOARD
In its SEQRA review of the County Route 48 Corridor Land Use Study, the Town of
Southold has not identified any significant adverse environmental impa~ts. Nevertheless, the
Town of Southold chose to use the format Of a Generic Environmental Impact Statement (GEIS)
in its subsequent SEQRA review of and public comment on this Study it provided for the most
comprehensive environmental review of the Study and allowed for the greatest degree of public
awareness and input. FUrtheimore, even though no significant adverse"~nvironmental impacts
were identified as a result of the Study, Section 617.10 of the.SEQ~[EgUlations states that
GEISs ma~y be used "to :assess the environmental impacts of.' an entire ~fogram or plan having
wide applicafion...inchrding new or significant changes to exisfingtandUSe plans..." regardless of
whether or not the action is expected to possibly result in adverse envi~nmental impacts.
COUNTY ROUTE 48 CORRIDOR LAND STUDY
The County'Route 48 Corridor Land Use Study provides recommendations, to the Town
Bom, m'd' a w rlat~ land use and zoning within the corridor. These recommendations
_ardrog mg pp p
are the final step in a four. step planning and study process that Was intended to provide a
methodical and comprchouivc look at land usc and zoning iri'the corridor. Thc f'tr~t step in the
,Stud..y, was to idan~ ~ characteristics,of the corridor and surrounding areas that the Town and
i~ ¢ltizcns bclicv¢'arc important and valuabl¢i These chara~stics wcrc garnered from past
Town land use plans and'studies as well as from the intent o[~0 .,wa ~o.n..s.., p..m'dcul~? .p~re~l'fUs
land use decisioas, rc-z0~gs: and ¢od¢ Changes. Sub~equ_.m~.t0 mc lCl~nllllca~.on o! acslram
chara~tcristi¢~ of the c°rrid0r, an anglySis of ~xistingcondiffous along the corridor was
conduoted and includad exisfin__g zoning, land use, non-conforming lots, soils anti habitats,
economy, histOrical arcas and Iraftic conditions. Thc third stop in thc process outlined thc
outstanding needs of.thc corridor based on a comparisonof the d,cs~rab!c, ch~_ac_t¢
characteristics of the
Town a ~ gotcntial future zoning
codc ::districts, potential zoning
Practices. Once the Land Use
Study is o~ part of its rccommcndations.
The County Route 48 Corridor Land Use'Study finds:thc following:
Previous Land Use Plans and Town Actions
It was not thc intent of thc County Route 48 Land Usc Study to dcvclop now goals and
strategies for the Town of $outhold to follow, b_ut .ra~. cr to~.opsize. ~ .thc ..,Town has
alrcac~y dCtcrmincd tobe its goal~ and desires.' This dctcmifnation ox goals nas oeen
clearly stated in m~memus land use plans and smdies~ and can be infen'cd from the intent
of past ~o ;~., re-z.onings and ~d¢ changes. Thc-Land Use Study took these goals and.
into fou m. ajo themc,.. fo . of
Vision' of residents and officials, are geacred towaro
'c
economiC!'base and ahigh quality of life. Eachthcmcis bn fly discusscd bclow. Marc
SPeCific co.~...rmnents regarding each theme are includec[ in Section III of the Land Use
Study.
1, Pre~rvago~ of IFarmland and Agricult~are
' 'Farmland is a valuable and dynamic industry'in th, Town. of S. outh. old; T~.., open._
· farmlands are not only highly cherished for their economtc vame, oo~ ~or mo scem~
vista.q they provide. The open space and-scenery created by farmland additionally
conffibutcs to thc quality of llfc of tho residents, while promoting tourism and
2. Preservation of Open and Recreational Space
The Town of Southold rclios hcavily upon its scenic beauty and open landscapes for
recreation, clean air and water, as well as for its *__ri_faction to tourists and recreation-
SOUTHOLD TOWN BOM AUGUST 23, 1999
3 2 ,,3
seekers. ThC Town has attracted many second homeowners because of its "natural
resources, abundance of Open space, farms, picturesque villages, and the ever-present
waterfront" (Master Plan Update, 1985). Due to this opefi~pace, the Town has a
tremendotls development potential. Bleak pictures have been painted in a few
documents, warning of strip-type development, suburban sprawl and water supply
issues. The preservation of open and recreational spaceis act only aesthetic, but
also a necessity for the present and future needs of the Town.
3. ~ Preservation of the Rural, Cultural, Commercial and i~storical Character of
the Hamlets and~ SurrOunding Areas ~!': .
The TOwn of Southold is renowned for its rural, cultural, commercial.and historic
c~ara~.ter. This unique character is recognized in all ofth~ documents reviewed.
BaSed!on the input of Town residents, the Final RepOrt ariel Recommendations states
that the two m~t prevalent and key issues are kecpinggro~hlin thc .existing hamlet
centers and preserving and enhancing the surrounding:rural areas. Additionally, the
Master:plan.Update recommends the provision for "~ community of residential
hamlets that are comprised cfa variety of housing Ol!l!ortunitiCs, commemial, service
activities, set in an open or rural atmosphere and supported by a
(including agriculture, marine commercial and seasonal
Environment
ge within the Town without destroying its
the natural environment on which that base rests, and the
the way of life that defines the Town, islof utmost importance"
Supply Management Strategy). The
preservation of the Town's natural environment
and to "achieve a land use pattern that is sensitive to the
pply and will not degrade the subsurface water quality.
Outstanding Needs
The outstanding weds enumerated below are the culmination of careful comparison of
the intent and gobs:of the town (as stated in past land use plans and studies) and the
existing conditions along the County Route 48 corridor. Therefore, the needs are not
new, but rather reflect the past and present vision of the Town and the work that still
needs to be done~: Due toithe proximity of County Route 48 to th~ hamlet centers and to
avoid potenfiall~.0~icting development strategies for the two areas, the outstanding
needs are intenci~ ~0:;~e ~valid throughout the Town. The outstanding needs for the Town
of Southold are f6ufid to be:
· Provide for~,~iable land use development at intensities sensitiv~ to subsurface water
quality anld! q~antity. '~.?~
· Maintain and strengthen hamlet centers as the focus of commercial, residehtial, and
and rural character of areas outside of the hamlet centers.
, of housing opportunities for citizens of different incomes and age
place,
for pedestrian-friendly shopping.
~ Town's agrJcultaral economy.
~ natural aais, including it~ coastal lo~ation and agricultural base.
r~sidentlal and rccrc~onal uses.
marine-recreational and marine~ommercial activities.
parkland and public access to the waterfront.
and strengthening the Town's ~__e_eets that attract tourists,
· businesses, historic heritage, building architecture, a Sense of
character, agriculture, and marine activities.
: farm ~land in thc Town and continue to support the diversification of
cultural, architectural and arehaeolosi,ai resources of the Town.
and sari: movement of people and goods within the Town.
uality of hamlet centers.
,amlet ~enters.
and tax base.
of the Town's vcgeta!~ive habitats, including freshwater wetlands
Recommendations sad Opportunities
In an effort to satisfy the outstanding needs of the Town of Southold as they apply
to thc County Route.48 corridor,-land us~ r~comm~ndatiolls ~cvCloped. These
recommendations am found to mea thc outstanding ncexis to the'~t extent practicable
and are consistellt with the major themes garae~ form p.r~vioUS.~ use documents and
Town actions,.while providing thc' Town flexibility in thetr actua[implementation.
Hox~ver, it should be noted thai the list of recommendations is not exhaustive and that a
variety of techniques'and mechanisms may be utilizr, d by thc Town to achieve desired
7u~therUlts. Furthemloren it is recognized Fhat some of the recommendations .w.o. ul.d n~-,x~I
envir0nmental and'planning ana!Ysisas Well an oPPOrtunity for public ~nput prior
to impl~mentation.
Each recommendation below is ~-it~n in ~oMIz~lfi:~ and is identified by a
bullet. ExPlanations or further discussions arc provided alter each reconunendatio~ and
is wriuen in r~gularfonc .
Thc County ~ut~ 48 Study .sates:
· Re-~oneparcels to more appropriate uses,
S~.cral opPOrtunities cxist tO re-zone properlies to allow for more
appropriate uses. Such re-zoni~g~,,may include ~cs.from commercial to
rcsidentisl, or A-C zonin~ ca~.~gri~sas well from m~denti~ or A-C tn .
commemial. In some ca~es, the',~zonir~g ofperce? to Ices intcnSive usce will
help to limi't thcintCn'Uption of S%nic views and ~stas,from thc roadway, and
wili belpi° n intainlthe agricuhUrai character ot'much:0fthe corridor.
Re-zonings are intended to balance the residential, commercial,
cnvironmcntal~and recreational neccls of the Town, Existing enclaves of
commercial use may be enhanced by additional appropriate commercial parcels.
Similarly, existing agricultural or residential areas may be enhanced by thc re-
zoning of nearby vacant commercially-zoned parcels. By~:concentrating future
commercial uses in areas of existing commerCial activity (particularly hamlet
centers) results in a'more viable arid ordered land Use~ pattern and helps to prevent
the dilution of consumer activity inthe Town. The hamlet centers currently act as
the commercial centers o£the Town and provide a sense ~gf place. In contrast,
areas outside of the hamlet centers: generally portray a.m~e open and agricultural
character, with small areas o£ c6~ercial activitY-: :The 6~trasting characteristics
of these areas are highly prized residents Southold is one of
the only towns on Long Island ~here hamlet centers stil~ ~xist for the most part.
The re-'zoning of certain parc¢lk within the corrid0i t0 ~°re appr°priate uses will
have thc effect o£enhancing th~ b/isic characterisffcs 6fth¢ hamlet centers and
areas along the corridor.
Thc statement on page 50 of the Land Use Study stating that "a reduction in
the potential imensity of land use in this area is anticipated to have a beneficial
impact in temxs of water usage ~d potential groundwater impact" is rescinded. It
is noted that agricultural use maycunder certain s~enario~, result in groundwater
usage and/or.contamination ab°Ye that associated with commercial uses.
However, as stated on pages 4r8 through 4-10 of the Final GEIS, the trend in
agriculture ii~ the Town of SoUtho~dis toward crops that lreqnire drastically lesser
amounts' 0f irrigation, fertilizer '.a~,~d pesticide, such as vi/aeyards.
Promote'incentive zoning as a means to preserve agricultural and other
desirable parcels, and as mitigation for change of use where appropriate.
It is recommended that apPlicants seeking to increase density or change of
use allowed by special exceptiOn/sPecial permit i~ an appropnate zoning district
would be required to provide development credits from'other more sensitive
parcels (Clustering). The parcels f~om Which these credits were taken would
effectively become sterilized,:wi~'~e eXception of continued agri~uitural usage.
This program is anticipated to p~e~e a variety of vegetative habitat ar.e. as,
provide for parkland and open ~eas; maintain agricultural activity, and limit.
· development within primary groundwater recharge ~. eas.:~; As discussed on pages
SOUTHOLD TOWN BOARD AUGUST 23, 1999 1325
4-10 through 4-12 oftbe Final GELS, the payment of money to the Town in return
for ineenfi~'e zoning is not contemplated by the Land Us6':Study. Further detailed
SEQR review will be necessary to identify potential adverse environmental
impacts prior to the decision to implement this recommendation..
Require greater setbacks from the roadway for larger a~icultural and
commercial buiMings. !.¢i[ .
A formula may be developed relating building.size~ setback &stance, with
lar~er buildings be ~Ioeated farther from the. roadway. Th[s ~reeommendation is not
int~ndedto Pr~ciude the construction of agricultUral-relat~d structUres or
otherwise limit agricultUral activity, but rather to preserve the open agricultural
views and vistas Trom County Route 48 and Sound Avenue.
Ori'ent buildi'n~s to Ii'mit the interruption of scenic ~istas.and views.
:TI~ Teeommendat~on ~s to be used at the time ofsite plan rewew..
Consideration should be given to the orientation, size and:height of the building
wu'th ~ visual impact from perspectives along~ounty Route 48 and
This recommendation is not intended to preclude the construction
of buildings; but r~ther~to examine viable alternative building locations that meet
the needs of th?property owner while limiting the interruption of open scenic
views.
Continue enforcement of the Town Code with respect to the type of products
Permltte'dto be soM at farm stands.
This recommendation is intended to help maintain the agricultural character
of the ~ by limiting the products sold at farm stands to only those that are
~ Code. Such limitations have the effect of limiting the dilution
· in the Town, strengthen commercial establishments in
~et areas,,maintain: the character of the area and maintain the safe and efficient
floW'Of~. It:is recognized that the Town has revisited the section of the Code
deali~g~th farm Stands several times. Due to the continually changing trends in
agfictiltilr~ arid the sale of agriculturally related products, the Town Code must be
nedo~6~ ~'.~ tlpd~ted to prowde for vmble enterprises while mmntmmng the
destred eharaeterOf the Town.
Continue enforcement of the Town Code with respect to the conversion of
al~riCttitural buildings to other commercial uses.
- Th6 To~ Code contains restrictions on the conversion., of agricultural
buildings to Other commercial uses. It is recommended;~at the current provisions
of the~C6de C°ritinue to be enforced to preserve the character of the agricultural
and Open areas as Well as limit the potential for the dilution of consumer activity
in the Town.
Cluster residential development away from the roadway.
To maintain the open character of most of the corridor, it is recommended
that future residential development be clustered away from the roadway. 'Use of
the clustering technique allows for retention of naturally vegetated or agricultural
lands. Maintaining a distance between the development and the roadway
decreases the apparent mass of the project and maintains at, least a portion of the
open vista_s: A recommendation to amend the Town Code with respect to non-
contiguous clustering (clustering of development using development rights
transferred from non-contiguous parcels) would require detailed SEQR review
prior to. ~plemantation.
Require vegetated buffers between residential developt~nt and the roadway.
This recommendation may be utilized in conjuncti6h~with the clustering
recommendation above. It is suggested that, where possiB~le, agricultural uses be
maintained along the roadways for scenic vistas and vieWs and then a natural
and/or landscape buffer be provided to screen the new homes. Agricultural uses
along the roadway would maintain the open views and vistas. A landscape buffer
is especi~lyimP~ ,~Smt for screening of distant homes when they are built on farm
fields.. This recommendation may be implemented one site by site basis on
properties where the size and configuration can support such a layout.
Develop and implement the use: of Visual resource best management practices.
A suggested list of visual resource best management practices is provided in
Appendix B~Iocated at theend of the County Route Ag Land Use Study. These
pr~tices,were developed subseqUent to.the:identification of four guiding
pdneiplesofthe desirable visual chamcterin the Toxsm of Southold. The best
management practices are intended to be utilized at the time of site plan review or
as othe .r~se deemed appropriateby~e Tom. Much ofthe ~tent of the practices
is to maintain or enhance the open character:of the County R°me48 corridor.
Amend the To~vn Code with respect to the Residence Office (RO) District.
The visual and historical character of the hamlet centers are based, in part,
on the existing residential homes. Historically~ many of the homes in the Town
were constructed along the major roadways. 'As deVeloPment and population in
the Towmhas increased, many of these older homes are no longer as desirable for
continued residential use due to traffic and surrounding !and uses. Changes of use
from purely residential to commercial or ~ther.~e may likely include the removal
of structures:that were Once a major'Part ?~i~icha~act~r~fthe hamlet.
Strengthening ofthe RO district throUghi~lm~ ttS. to~e Codewould help to
preserve thearChitectural character ofth~ ~],~s, Recommended code
amendments'with ~espect to the RO dis~t ihglld requiring the,adaptive re-use
of existing residenCes Where appr0priate~ ~gr~e ae~n~ber:0f allowable uses
pemfitted in the K,O district, particularly ~se ~1 g0ne~e little traffic; increase
the number ofuse~ permitted in the dis~i!~y~isPe L~ OXi~Pti0~ and amend site
plan requirements ~ith respect t° buffers, Par' liing ad b~ldingdesign.
Amend the Town Code with respect to the Limited Business (LB) District.
The .Town COde is recommended to b{ am~ ~ended to'allow additional as-of-
right uses in the LB zoning district The~si~ pl~a~ rgquirements associated with
LB zoned properties should be amended it~:~;~vld~ f~r.bCtter buffering and
screening of uses.~ Additionally, the are~te~tu~:. ~. of~ a prOpOsed structure in this
district should be in conformance with sUrrolmding area and resemble residential
structures as much as possible.
The Town Code should b~.amended with respect to non-conforming uses.
In certain areas, pm'eels can be found:where the existing use does not
conform with the existing zoning. In cases where the use became non-conforming
due to a zone change, provisions can be made to ,allow for limited expansion of
that use or permit a change of use to a leSs intensive non-conforming use.
Applicants requesting exPansiOn or change of. nsb could make site improvements
as mitigation for the request. These site !mProvements are anticipated to improve
the visu~! character of the .area as well as imProVe !raffle flow and other
undesirable effeCtS o~the non-conforming ~se, As stated on pages 4-13 and 4-14
of the Final GEIS, this recommendation allows for non-Conforming businesses to
change, grow and remain viable bY permitting expansion and change beyond that
which is~0nunoniy permitted. The recommendation is not limited to parcels
located within the County Route 48 corridor, but instead is intended to be applied
to parcel?throughout the Town.
SOUTHOLD
AUGUST 23~ 1999
327
Re,zone appropriate parcels adjacent to Mattituck CreelS:to MI and/or MI1
zoning category.
The 1985 Master Plan Update (RPPW), as well as 6~er past Town of
Southold plat§ and studies, recommends the enhancement of water-related
recreational and commercial activities. Opportunities exist in the vicinity of
~vlattituck Creek to enhance marine recreational and marine business usage. Re-
zoning o£eertaln parcels would allow for viable 6ommercial businesses to thrive
while taking .advantage of the Town's proximity to the Water; Mattituek Creek is
the.only porti°n of the County Route 48 corridor that ma~ be appropriate for such
uses.
Pages 2 and 3 of the Supplemental Final GElS acknowledged that the southern
end of Mattituck Creek contains environmental resources that axe sensitive to
development. It is important to note that the recommendation for a change of
zone does not commit the Town to a course of action that will result in adverse
environmental impacts. Prior to the re-zoning of parcels consistent with the
County RoUte 48 Corridor Land Use Study and the Master:Plan Update, the
recommendation to re-zone should undergo SEQR review to determine that
sufficient developable land exists on the site for reasonable development with
appropriate mitigation me'utes. The ultimate develop~e, nt plan for the site
should undergo additional. SEQR review and must take into aCcount site-specific
characteristics including, but not limited to, site size, eontiguration, ~, ~d[ainage,
surroundingiland nsc, noise, traffic and proximity to wet! ~' ~s; Specific mitigation
measures-inCluding site design constraints and limited ~fiXfitted Uses would be
appropriate at that time.
Preserve th~ integrity of the Town's vegetative habitats, including freshwater
wetlands attd woodlands.
Therecpmmendations to promote incentive zoning '~ _d clusteringmay be
used to e°n ~th!ue to preserve freshwater wetlands, w°odl~ds and other.
ecologically! important habitats. It may be appropriate to' ~-zone parcels
eontai~g ~r~ a~ljacent to these habitats to allow for low~imPact uses. Proposals
to zmplement incentive zomng and non-contiguous clustering should undergo
SEQR review and public comment period to identify potential adverse
environmental impacts prior to implementation.
Modify the Town Code to allow other uses in vineyards ~Under special
exemption/special permit.
Additional uses including restaurants and bed & breakfasts may be allowed
under special exemption/Special permit as long as yield is provided from off/er
parcels. This recommendation is intended to draw consumers into the Town of
Southold by promoting the Town as an agricultural and winemaking region. The
recommendation does not suggest the sale of non-agricultural products that would
otherwise be more appropriately sold in other zoning districts or the sale of take-
out food,
Modify the Town Code to limit curb cuts to one per site unless unusual
circumstances exist.
An increase in the number of curb cuts typically has a negative impact on
traffic fl0w. By limiting the number of curb cuts, particularly along County Route
48 and Sound Avenue, impacts to traffic flow axe anticipated to be limited.
Requirelinks between the parking areas of commercial operations to allow for
vehicle movement between adjacent establishments.
This recommendation can be applied at the time of site plan review for
appropriate sites. The requirement will have the effect of reducing the number of
vehicles entering and exiting County Route 48 and Sound Avenue.
Require that subdivided residential lots access side roadS and not directly to
County Route 48, where appropriate.
As not.ed earlier, an increase in the number of curb Cuts generally has a
negative impact on the flow of traffic. This recommendation in effect reduces the
number of curb cuts on County Route 48 and Sound Avenue.
197tere appropriate, consider the use of Jlag lots with common drives for
residential developmena
Similar to the recommendation above, the use ot~common drives effeedvely
reduces the number of curb cuts on County Route 48 and Sound Avenue.
ENVIRONMENTAL SETTING;
POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS
AND MITIGATION MEASURES
The Environmental Setting for the Land Use Study/GEIS is represented by the existing
natural resources and human ~esources found within the County Route 48 corridor. The Land
Use Study reviewed the existir[g conditions in the corridor includ.ing existing zoning, existing
land use, non-c°nf°auing 10~ soils; habitatS, economy, histOrical are~s, and traffic conditions.
Past land use plans, studies and Town actions were reviewed in cinder to identify common
goals for proper developmeut'in the Town. These goals were COmpared ~o the existing
conditions in the c0rrid°r'and ~i SubseqUent list of outstanding needs was 'developed, indicating
those areas where the existingconditions were wholly or partially inconsistent with the goals.
The discrepancies hetwee~n l~d use goals and actual land uses are considered to be impacts. The
recommendations p~ovided inthe Stddy are intended as mitigation measures tO aVOid or
minimize any fut~e discrep ,.an. gies !~'unpacts) between future land:use :and the land use goals.
Accordingly, implementafi°fi'6~ th~ recommendations of ~he Study o~~ si~l~ar land use techniques
is expected to reset in signifi~t beneficial environmental and s~cial ~pacts. As the
recommendations~of the st~tflj ~e directed at a mOre compreh~ns~ve~:~o~rdinatedand sensitive
approach to directing land. use, the~ Study is not anticipated to res/lit i~ atomy adq, erse environmental
impacts.
In addition to the analysis described above, a review of the Study was conducted in
comparison with the Criteria for Determining Significance in Section 617.7 of the SEQRA
regulations. These criteria include impacts to air quality;, groundwater quality or quantity;
surface water quality or quontity; traffic; noise levels; solid waste production; potential, for
erosion, flooding, leaching or drainage problems; impacts to vegetation, wildlife, significant
habitat areas; and threatened or endangered species; impacts to Critical Environmental Areas;
historical or. archaeological resources; architectural or aesthetic resources~ existing community or
neighborhood character;, energy; ~and agriculture. This review found that adoption of the Plan
did hot exceed any of the threSholds listed. Accordingly, On this analysis alone, the adoption of
the Plan is not anticipated to result in any significant adverse impacts to any of the criteria
resources examined.
Also examined was the potential for adverse growth-inducing aclions and any potential
cumulative impacts from two or more related actions, no one of which would have a significant
impact on the environment, but when considered together result in a substantial adverse impact
on the environment. The .apalysis of these types of impacts found that they would not be
generated by the adoption of the Study.
Finally, the Study itself does not, in and of itself, result in any direct physical activity or
direct modification of the environment and, therefore, has no potential.for significant adverse
physical impacts, regardless of the aforementiOned analyses. In addition, the Study does not
so J :HoI , TowN1 AmJS : 23, 3 2 9
commit the Town to anyone course of a~etion. Instead the ~md~.pre~nts, in the form of..
recommendations, mitigation measures or .a range of mitigati°n measures that could be utilized in
future land use decisions to minimize or avoid adverse impacts caused i5~ past development
patterns.
In 9.onelusion, the Town of Southold has not identified any significant adverse
environmental impacts for this action. As noted above, the proposed ~ction is expected to result
in long-term beneficial impacts on the Town of Southold including those actions which are
environmentally:sensitive, socially-desirable and economically feasible.
ALTERNATIVE
The Alternatives section of the DGEIS describes only one alternative, the No action Alternative,
which is required by the SEQRA regulations. No action herein is detemfined to mean that land
use and development would continue to occur under the present Town Code, zoning and
regulations, i.e. the status quo. (A No Action alternate entailing a No-Build and no physical
activity scenario is unrealistic and unfeasible). No other alternative was discussed in this section
because no other means of comprehensively addressing the identified land use, transportation,
environmental, cultural resource, hamlet and demographic issues has been detemfined.
Under a No Action alternative, a more comprehensive, coordinated approach'to directing
land use will not be implemented and the goals of the Town and its citizens will not be addressed
in a cohesive manner. If no action is taken, existing problems and issues identified the existing
problems in the corridor that mn contrary to past land use plans and stur~ies will not be rectified
or addressed and will continue to represent significant areas of concern for all who live and work
in the Town of Southold,
ECONOMIC AND SOCIAL CONSIDERATIONS
Analysis and consideration of economic factors and impacts arc not mandated by SEQRA
as they arc not directly.involved with the determination of envimnmenra!..~ impact. Nevertheless,
when issuing a Findings Staternent for a decision, Part 617.1 l(d) of the SEQRA regulations
requires that thc lead agency weighs and balances relevant environmental impacts with
economic, social and other considerations.
The Land Use' Study offers comprehensive planning recommendations that promote land
uses that are within soUnd environmental constraints and parameters. There have not been any
significant adverse economic impacts identified that would result from the approval of this Land
Use Study.
The Land Use Study provides ample opportunities for existing business to expand and
new businesses to locate in thc Town. Furthermore, the Study promotes development of land
uses that result in making the Town an attractive place not just in which to work, but in which to
live. The Laud Use Study accomplishes this by providing ample, areas for the growth of
commercial, residential and agriculunal uses while maintaining the'open space and rural
character of the Town. Measures intended to maintain the existing open and rmal character of
the Town by promoting balanced and coherent land use, are anticipat~t to maintain or enhance
the draw of tourism and Consumers from outside of the Town, thereby bolstering local
businesses. In addition, Land Use Study recommendations will help to limit infra~Uucture costs
by promoting commercial uses in existing commercial enclaves, limiting curb cuts, and
promoting pedestrian-friendly shopping.
Additional SEQRA:review will be performed for furore specific actions which implement
the recommendations of tho Land Use Study and which may have an economic impact.
The Town of Southold has conducted numerous land use plans and studies that have
developed recommendations or goals based on land use, environmental resources, economics and
social considerations. Thc County Route 48 Corridor Land Use Study was purposely designed to
conjUnetton wl~ the tinct that many of these plans and stuoles inetuaml llapu! fl'olwt me e~t~zens or
the Town snd were subject to public comments, indicate that the recommendations of the
Corridor Land Use Study are based in pat~ on and provide substantial conSideration of long t._e~
3~30 AUGUST 23, 1999 SOUTHOLD TOWN BOARD
social considerations. Additionally, the overwhelming public support for the County Route 4g
Land U~ Study further omphasiz~s its consistency with the desires of its dtizcns. The
recommendations of the Land Use Study are intended to enhance or maintain various
characteristics of the Town including visual resources (rural and olin), noise, consumer and
l~destriaa-friendly shopping, and the sense-of-place character of hamlets. Enhancement and
maintenance ofthes~ and other characteristics will enable the Town to continue to be a highly
desirable place to live for its citizens.
REVIEW AND IMPLEMENTATION OF FUTURE SPECIFIC
AND SITE-SPECIFIC ACTIONS RELATED TO THE LAND
USE STUDY
SEQRA regulations 617.10(b) and (c)state that:
"GEiSs and their findings shouM set forth specific conditions or criteria under
which future actions will be undertaken or approved, including requirements for
any subsequent SEQR compliance. This may include thresholds and criteria for
supplemental EISs to reflect specific significant impacts, such as site specific
impacts, that were not adequately addressed or analyzed in the generic EIS.
Impacts qf individuat actions proposed to be carried out in conformance with [the
Land Use StudyJ and the thresholds or conditions identified in the generic EIS
[and findings statementJ may require no or limited SEQR review".
In conformance with this portion of the SEQR regulations, criteria and thresholds have
been established to indicate when additional SEQR review is required rd} actions carded out in
confomxance~with the recommendations of the Land Use Study. These ~iStefia and thresholds do
not preclude the Town from reviewing proposed actions, but rather states when SEQR review is
required. These criteria and thresholds are as follows:
1. Changing the zoning category of a parcel from any one of the industrial or
commercial zones in the Town of Southold to a single-family residential or
Agricultural Conservation zone shall:not require further SEQR review.
2. Changing'the zoning category of a parcel from a higher density ~esidential zone to
a lower density residential Z°neor Agricultural Conservation zone shall not
require fuller SEQR review.
3. Changing the zoning category of a parcel from one industrial zone to another
industrial zone, or from:one commercial zone to another commercial zone, or
from an industrial zone to commercial zone shall not require further SEQR review
if:
a) the proposed new zoning category for the'subject parcel is consistent
with the zoning of surrounding parcels, or
b) the proposed change of zone ~loes not permit higher intensity use of the
subject Parcel as compared to the existing zone in t~n-rts of lot
coverage, building height, parking requirements, traffic, impervious
area, drainage, and setbacks, or
c) the proposed change of zone does not take place in a designated
historical area, a critical environmental area, areas of low depth to
groundwater, or contain or. are adjacent to freshwater or tidal wetlands,
or
d) the proposed change of z~one is inconsistent with the County Route 48
Cordd;r Land Use Stud~ and Past land use plans of the Town of
Southold.
4. Changing the zoning category of a parcel to MI or MII will require detailed SEQR
review due,lin part, to its inherent proximity to surface waters. SEQR review for
such a change of zone shall consider, impacts to surface and ground waters,
wetlands and terrestrial_vegetation, visual character of the area, traffic,
surrounding land use, precedent-setting effect, as well as' other areas deemed
appropriate for review by the Town of Southold.
SOUTHOLD TOWN BO~
AUGUST 23, 1999
3 3,1
o
o
Changes to the Code of the Town of Southold related to non-contiguous clustering
shall require detailed SEQR review. This review must consider potential impacts
to groundwater resources, sanitary flow, nearby public and private wellS, traffic,
visual character, community services, taxing jurisdictions particularly school
districts, as well as other areas deemed appropriate for review by the Town of
Southold.
Changesto the Code of the Town of Southold related to incentive zoning shall
require detailed SEQR review. This review must consider potential impacts tO
,groundwater resources, sanitary flow, nearby public ~d private wells, noise?
~isual character, traffic, community services, taxingjUrisdiefions Particularly
school districts, as: well as other areas deemed appropriate for review by the Town
of Southold.
Changes to the Code of the Town of Southold related to expanding the number
and types'of uses permitted in zoning categories as-of-right shall required detailed
SEQR review. SEQR review for this such changes to the Code shall consider
impacts to groundwater resources, clearing of vegetation, visual character of the
area,~c~ surrounding land use, precedent-setting effect, as well as other areas
deemed appropriate for review by the Town of Southold.
Changes lo the COde of the Town of Southold recommended in the County Route
48 Land Us~ Study and not explicitly stated above as requiting detailed SEQR
review~ ~,Got anticipated to result in adverse environmental impact as per the
Draft GEIS, Final GEIS and Supplemental Final GEIS. 'I;herefore, .
implementation of these recommendations shall not require further SEQR review.
Section 617.10(d) of SEQRA states that when a final generic EIS has been filed:
1. No further SEQRA compliance is required ifa subsequent peoposed action will be
carried out in conformance with the conditions and thresholds established for such
actions in the GEI$ or its findings statement;
2. An amended findings statement must be prepared if the subsequent propased action
was adequately addressed in the GElS but was not addressed or was not adequately
addressed in the findings statement for the GEI$;
3..4 negative declaration must be prepared ifa subsequent proposed action was not
addressed or was not adequately addressed in the GEI$ and the subsequent action
will not result in any significant environmental impacts;
4..4 supplemental tO the final GEIS musr be prepared if the subsequent proposed action
was not addressed or was not adequately addressed in the GEI$ and the subsequent
action may have one or more significant adverse environmental impacts.
The Town of Southold shall adhere to the above statement and thresholds for review and
implementation of specific actions related to the County Route 48 Corridor Land Use Study.
CERTIFICATION OF FINDINGS TO APPROVE:
In accordance with Part 617.11 (d) of the New York State.Environmental Q,_m!ity Review
Act regulations, the Town Board of the Town of Southold has considered the Draft Oeneric and
Final Generic Environmental Impact Statements for the action known as the County Route 48
Corridor Land Use StUdy and has met the requirements of this Part. These Findings contain the
facts and conclusions relied upon to support the Town Board's decision and indicate the social,
economic and other factors and standards which formed the basis of its deciaion.
Furthermore, the Town Board finds that consistent with social, economic and other
essential considerations in the No Action Alternative, the Land Usc Study avoids or minimizes
adverse enviwnmental impacts to the maximum extent practicable. The Study provides an
assessment of existing conditions along the corridor and identifies those areas where thc existing
eo,,aitions am Incongist~,,t with the goals of past land use plans. The Study then offem various
recommendations as mitigation measures to bring the conditions of the COunty Route 48 corridor
into conformance with the goals of the Town. Therefore, adverse environmental impacts will be
avoided or niinimized by the implementation of all or part of the recommendations (mitigation
measures) of the Land Use Study, or the implementation of other land use'policies that have the
same effect as the Study recommendafious.
3.-Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman
Evans,
Murphy, Councilman
Councilwoman Hussie,
4.-Moved by Councilman Murphy, seconded by Councilman Moore,
WHEREAS, THE Town Board of the Town of Southold recognizes that the
Community Preservation Fund Tax Return requires the signature of the
Town Attorney or a designated official for purposes of. affirming that a
particular exemption applies to the subject property; therefore, be it
~ESOLVED that'the ~Town Board of"l~he Town of South°ld d~signates Mary
C. Wilson, AssiStant ' TOWn Attorney, as the designated official for purposes
of Signing the eXemption Provision 'of the Community PreserVation Fund Tax
Return.
4.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED
SUPERVISOR COCHRAN: That is end of our resolutions. Before I adjourn
is there anyone that would like to speak to the Town Board? Yes?
JACK WILLIAMS: Jack Williams from East Marion. I don't =know what to say
but the Town Board has done violence to it's own procedures by having
this meeting, and by ha~|ng this vote here. The Suffolk Times says that it
is Work Session this morning. I believe that I was here when the discussion
was held last week about What was going to go on. I! don't recall any
discussion that there was going to be a vote at 9:00 o'clOCk Monday morning
on these various issues. I may be wrong. I occasionally am, but it does
seem to me there has been some surprise that has been around the room as
to this meeting taking place.
SUPERVISOR COCHRAN: Ladies and gentleman, Jack, this is the public
notice as it went out, and you may have a copy. This is also sent to all
newspapers and it states that the meeting is to adopt resOlutions setting
dates for public hearings for zone and Code changes, SEqRA findings and
so on, and so forth. This is what went out to the papers, so they are in
error.
JACK WILLIAMS: We are the only ones surprised here.
SUPERVISOR COCHRAN: I am sorry. Anyone else like to address the
Board? (No response.) If not, may have a-motion to adjourn?
Moved by Councilman Moore, seconded by Councilman Murphy, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at
9:10 A.M.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Councilwoman Hussie, Supervisor Cochran.
This. resolution was duly ADOPTED.
Southold Town Clerk