HomeMy WebLinkAboutLL 2004 #03 NEW YORK STATE DEPARTMENT OF STATE
Local
Law
Filing 41 STATE STREET, ALBANY, NY 12231
(IJse this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Town of
LOCAL LAW NO.
SOUTHOLD
3 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 Unity(s) in the
Town of Southold
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section 1. PURPOSE
Moratorium Extension
I. Legislative Intent
A Town-wide moratorium was enacted by the Town Board of the Town of Southold on August 20, 2002. To
date this moratorium has been extended three times, first by six months and twice by 90 days. The current
moratorium is set to expire in early February, 2003. 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 such as affordable housing, completion of the Local Waterfront Revitalization Plan
(LWRP) and understand needed public infrastructure including consideration of hamlet areas and transportation
systems.
The Town Board established a moratorium planning team consisting of the Town attorney, Town planner and
land preservation coordinator, as well as two planning consultants and two legal consultants. The team was
directed to review Town planning goals, past planning studies, and studies that assist the To~vn Board in
(If additional space is needed, attach pages the same size as this sheet, and number each.)
VOS-239(Rev. l 1,99) (1)
achleving the goals of the Town. The moratorium planning team established a schedule of tasks which included
past plan review, synthesis of planning recommendations, obtaining input from Committees and Boards,
assessment of Town planning and zoning policies, and utilization of a Generic Environmental Impact Statement
(GEIS) procedure to inform the Board, involved agencies and the public of the Town's initiative. In addition,
the GEIS was intended to take a "hard look" at the implications and potential impacts of the comprehensive
implementation strategy, allow for review of mitigation and alternatives, and provide a procedure to allow a
rational and logical implementation strategy to evolve from an organized process. The Town Board authorized
the moratorium planning team to proceed ~vith the task and schedule provided to the Town Board on October 8,
2002.
The moratorium planning team met on a weekly or as-needed 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 staff to 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 review of hamlet centers, transition zones and rural areas of the Town;
· meetings and interviews with Town staff and department heads;
· preparation of materials and updates of ongoing activities that were placed on the Town's website for
public information purposes;
· public informational meetings, Toxvn Board updates and dialogue with the Town Board regarding policy
considerations;
· preparation of draft documents for Town Board implementation and conformance with State
Environmental Quality Review Act (SEQRA) procedures;
· preparation of a build-out analysis;
· preparation of the Draft GELS; and
· three public hearings on the Draft GEIS.
The Town Board recognized 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 xvhich is more likely to require
an environmental impact statement. As a result, the Town Board adopted a number of documents in
con'formar~ce with SEQRA, including the following important steps:
· 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;
· receipt of a Draft Scope of the Drafl GEIS and setting of the public hearing;
· acceptance ora Draft GEIS; and
· three public hearings on the Drafl GELS.
Prior to the second extension of the moratorium the Town Board adopted a final scope, completed and accepted
the Draft GEIS, scheduled and held public hearings on the Draft GEIS on three separate dates. Recognizing the
significance of the action, the need and desirability to comply with SEQRA through the use ofa GEIS process,
and the subsequent need to determine the ultimate series of recommendations to be implemented, the Toxvn
Board sought to ensure that sufficient time was set aside to complete the SEQRA process, meet legal mandates
and accommodate social needs. Due to public interests in the DGEIS document, the Town Board held three
public heatings and kept the hearing process open tmtil July 15th in order to facilitate greater public review and
comment.
Following the second extension of the moratorium:
a drafl Final GEIS was submitted to the Town on August 29, 2003. The Town Board met to discuss
this draft on September 4 and September 9, 2003. The text of the draft Final GEIS was revised to reflect the
Town Board input.
A Final GEIS and a Notice of Completion of the Final GEIS was issued by the Town Board on
September 9, 2003.
The public review period on the FGEIS was expanded beyond the minimum 10 days required to the
close of business on September 22, 2003.
A State Environmental Quality Review Act Findings Statement was adopted by the Town Board of
September 23, 2003.
Since the adoption of the Findings Statement the Town Board has held a special Town Board meeting
on both Wednesday, September 24, 2003 and Thursday, October 2, 2003 to discuss relevant issues and possible
courses of action.
The Town Board voted to extend this moratorium by ninety (90) days on October 21, 2003 effective upon
filing with the Department of State. The Local Law extending the moratorium by ninety (90) days was filed on
November 17, 2003. The current moratorium is set to expire on February 14, 2004. Since the adoption of the
last moratorium extension new Town Board members have been elected. These Town Board members take
office on January l, 2004. Time is needed for these Town Board members to be brought up to speed on the
extensive planning and SEQRA work which has taken place to date. Active planning has been and continues to
take place. Work is proceeding. The issues facing the Town of Southold and possible solutions to those issues
are complex. Legislative solutions have not yet been agreed upon. Meanwhile the Town continues to face
significant development pressure. It is critical 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 Town Board to decide on and enact needed legislation to implement the Toxvn's comprehensive planning
additional time is needed beyond the expiration of the ninety (90) day moratorium extension which expires on
February 14, 2004. This local law is intended to extend the moratorium for an additional one hundred eighty
(180) days from February 11, 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:
l) 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 la~v 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,
preliminary 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 hearing or make any
decision upon any application for a site plan containing 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 Laxv § 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 heating or make any decision upon any application for a special use permit xvhich
application is also subject to Planning Board approval pursuant to the Southold Town Code
where the Planning Board is prohibited 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.
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 unit(s) within the Town of Southold.
Section 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 oD'Subdivision" in Southold Town Code section A106-13;
Lot line applications;
new or pending applications for the subdivision ora parcel of property where 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 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 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 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 pamel (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;
new subdivision applications where an applicant has entered into a contract (dated after the effective
date of this local la,v) to either sell or gif~ 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 preservation) to either the Town of Southold (pursuant to either
7)
8)
9)
chapter 6, 25 or 59 of the Southold 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 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);
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 municipal home rule powers, pursuant to Municipal Home Rule
Law § 10(1)(ii)(d)(3); § 10(l)(ii)(a)(14) and § 22 to supercede any inconsistent authority.
In particular, this local law supersedes Town Law § 276, Town Law § 278, and Southold Town Code
§§§ A106-21, A106-22, A106-23 and A106-24, which require that the planning board act upon, hold heatings
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
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
inconsistent with the provisions of Town Law §§§§ 267, 267-a, 267-b, 267-c or 282 relating to the authority to
grant variances, waivers or other relief fi-om this Local Law, this 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 Toxvn Law § 274-a and the provisions and requirements set forth in Article XXV of the
Southold Town Code, xvhich require that the Planning Board process, review, hold heatings 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
the provisions of Toxvn Law §§ 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,
reviexving, holding hearings on and making decisions on such applications provided for in those la~vs 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
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
find that a variance or waiver will not adversely effect the purpose of this local law, the health, safety or welfare
of the Town of Southold or any comprehensive planning being undertaken in the Town. The Town Board shall
take into account the existing land use in the immediate vicinity of the property and the impact of the variance
or waiver on the water supply, agricultural lands, open and recreational space, rural character, natural resoumes,
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, § AI06-27 and Articles III and IV of
Chapter Al06 of the Southold Town Code.
c. All such applications shall, within 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.heating and make a final decision on the application, with or without 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 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 February 11, 2004 after filing with the Secretary of State.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. __ 3 of 20 04 . of the
(Cz~':.?)(C!%')(Town) (V?.'.zgz) of SOUTHOLD was duly passed by the
TOWN BOARD on January 6 ~ 20 04 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no 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 the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the and was deemed duly adopted on 20
in accordance with thc applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20__
of the (County)(City)(Iown)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the on 20 . Such local law was submitted
to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
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 the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20__ Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide
basis or, If there be none, the chairperson of the county legislative 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 ordinances.
(2)
5. (City. local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 __
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the (special)(general) election held on 20 ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20 __
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefi-om and of the whole of such original local law, and xvas finally adopted in the manner indicated
in paragraph I , above.
Clerk of the County legislative body. City. Town or Village Clerk
or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
(Seal) Date: July 20, 2004
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
[, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law annexed hereto.
Patricia A. Finnegan~ Esq. Town Attorney
Title
Town of
SOUTHOLD
Date:
(3)
July 20, 2004
STATE OF NEw YORK
DEPARTMENT OF STATE
4 I STATE STREET
ALBANY, NY 1223 I -OOO I
J~CEIVED
FEB 13 2004
$outhold Town Clerk
February 10, 2004
RANDY A DANIELS
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
TOWN HALL, 53095 MAIN RD.
PO BOX 1179
SOUTHOLD NY 11971
Re: TOWN of $OUTHOLD, Local Law 1, 2 & 3, 2004, filed on 1123/04
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
LL:ct
SOUTHOLD TOWN BOARD
PUBLIC HEAR_lNG
January 6, 2004
5:20 P.M.
HEARING ON "A LOCAL LAW IN RELATION TO A ONE HUNDRED EIGHTY (180} DAY
EXTENSION OF THE TEMPORARY MORATORIUM ON THE PROCESSING~ REVIEW
OF .~ND MAKING DECISIONS ON APPLICATIONS FOR MAJOR SUBDIVISIONS~
MINOR SUBDIVISIONS AND SPECIAL EXCETPION USE PERMITS AND SITE PLANS
CONTAINING DWELLING UNIT(S) IN THE TOWN OF SOUTHOLD.'
Present:
Ab s e nt:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman Thomas H. Wickham
Councilman Daniel C. Ross
Councilman William P. Edwards
Town Clerk Elizabeth A. Neville
Town Attorney Patricia A. Finnegan
Councilman John M. Romanelli
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN there has been presented to the Town
Board of the Town of Southold, Suffolk County, New York, on the 16th day of December, 2003, 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"; no~v therefore, be it
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold
a public hearing on the aforesaid Local Law at the Southold Town Hall~ 53095 Main Road~
Southold, New York, on the 6th day of January 2004 at 5:20 p.m. at which time all interested
persons will be given an opportuni .ty to be heard.
The proposed local law entitled, "A Local Law In Relation to a One Htmdred 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 Unit(s) in the Town of Southold" reads as follows:
LOCAL LAW NO. 2004
A Local Laxv 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 Unit(s) in the Town of Southold.
January 6, 2004
Public Hearing-Moratorium Extension
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section 1. PURPOSE
Moratorium Extension
I. Legislative Intent
A Town-wide moratorium was enacted by the Town Board of the Town of Southold on August
20~ 2002. To date this moratorium has been extended three times~ first by six months and twice
by 90 days. The current moratorium is set to expire in early February. ~ 2003. 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 such as
affordable housing~ completion of the Local Waterfront Revitalization Plan (LWRP) and
understand needed public infrastructure including consideration of hamlet areas and
transportation systems.
The Town Board established a moratorium planning team consisting of the Town attorney,
Town planner and land preservation coordinator~ as well as two planning consultants and two
legal consultants. The team was directed to revie~v Town planning goals, uast planning studies~
and studies that assist the Town Board in achieving the goals of the Town. The moratorium
planning team established a schedule of tasks which included past plan review, synthesis of
planning recommendations~ obtaining inout from Committees and Boards, assessment of Town
planning and zoning policies~ and utilization of a Generic Environmental Impact Statement
(GEIS) procedure to inform the Board~ involved agencies and the public of the Town's initiative.
In addition~ the GEIS was intended to take a "hard look" at the implications and potential
impacts of the comprehensive implementation stratek~, allow for review of mitigation and
alternatives~ and provide a procedure to allow a rational and logical implementation strategy to
evolve from an organized process. The Town Board authorized the moratorium planning team to
proceed with the task and schedule provided to the Town Board on October 8~ 2002.
The moratorium planning team met on a weekly or as-needed 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 staff to 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 review of hamlet centers, transition zones and rural areas of the Town;
· meetings and interviews with Town staff and department heads;
· preparation of materials and updates of ongoing activities that xvere 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 Quality Review Act (SEQRA) procedures;
· preparation of a build-out analysis;
· preparation of the Draft GEIS; and
January 6, 2004
Public Hearing-Moratorium Extension
· three public hearings on the Draft GEIS.
The Toxvn Board recognized 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 environmental impact statement. As a result, the Town Board adopted a
number of documents in conformance with SEQRA, including the following important steps:
· 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;
· receipt of a Draft Scope of the Draft GEIS and setting of the public heating;
· acceptance ora Draft GEIS; and
· three public hearings on the Draft GEIS.
Prior to the second extension of the moratorium the Town Board adopted a final scope, completed and
accepted the Draft GEIS, scheduled and held public heatings on the Draft GEIS on three separate
dates. 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 time was set
aside to complete the SEQRA process, meet legal mandates and accommodate social needs. Due to
public interests in the DGEIS document, the Town Board held three public heatings and kept the
hearing process open until July 15th in order to facilitate greater public review and comment.
Folloxving the second extension of the moratorium:
a draft Final GEIS was submitted to the Town on August 29, 2003. The To~vn Board met to
discuss this draft on September 4 and September 9, 2003. The text of the draft Final GEIS was revised
to reflect the Town Board input.
A Final GEIS and a Notice of Completion of the Final GEIS was issued by the Town Board on
September 9, 2003.
Ihe public review period on the FGEIS was expanded beyond the minimum 10 days required
to the close of business on September 22, 2003.
A State Environmental Quality Review Act Findings Statement was adopted by the Town
Board of September 23, 2003.
Since the adoption of the Findings Statement the Town Board has held a special Town Board
meeting on both Wednesday, September 24, 2003 and Thursday, October 2, 2003 to discuss relevant
issues and possible courses of action.
The Town Board voted to extend this moratorium by ninety (90) days on October 21, 2003 effective
upon filing with the Department of State. The Local Law extending the moratorium by ninety (90)
days was filed on November 17, 2003. The current moratorium is set to expire on February 14, 2004.
Since the adoption of the last moratorium extension new Town Board members have been elected.
These Town Board members take office on January 1, 2004. Time is needed for these Town Board
members to be brought up to speed on the extensive planning and SEQRA work xvhich has taken place
to date. Active planning has been and continues to take place. Work is proceeding. The issues facing
the Town of Southold and possible solutions to those issues are complex. Legislative solutions have
not yet been agreed upon. Meanwhile the Town continues to face significant development pressure. It
is critical 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 Toxvn Board to
decide on and enact needed legislation to implement the Town's comprehensive planning additional
time is needed beyond the expiration of the ninety (90) day moratorium extension which expires on
January 6, 2004 4
Public Heating-Moratorium Extension
February 14, 2004. This local law is intended to extend the moratorium for an additional one hundred
eighty (180) days fi.om February 11, 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 afier which date this Local Law shall lapse and be without further fome 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 reviexv, 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 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, preliminary 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), whether submitted prior to or afier 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 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 use permit which application is also subject to Planning Board approval
pursuant to the Southold Town Code where the Planning Board is prohibited from
reviewing, processing, holding heatings on and making decisions on because of the
provisions of this local law, whether said application was submitted prior to or afier
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 containing dwelling unit(s) within the Town of Southold.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
1) subdivisions for which final plat or conditional final plat approval was granted by the
Planning Board prior to the effective date of this local laxv;
2) setoffs as defined in the definition of "Subdivision" in Southold Town Code section A106-
13;
3) Lot line applications;
4) new or pending applications for the subdivision of a parcel of property where interests or
rights in real property (the fee or any lesser interest, development rights, easement,
January 6, 2004
Public Heating-Moratorium Extension
5)
6)
7)
8)
9)
covenant, or other contractual fight ) 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 of this local law;
nexv 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 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 Town code); the County 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 fights, easement, covenant, or other contractual fight
) to a portion of that parcel(for purposes of permanent preservation) to either the Toxvn 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; 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
xvhich 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);
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 Toxvn Law this Local Law supersedes, amends and
takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers, pursuant
to Municipal Home Rule Laxv § 10(1)(ii)(d)(3); § 10(l)(ii)(a)(14) and § 22 to supercede any
inconsistent authority.
In particular, this local law supersedes Town Law § 276, Town Laxv § 278, and Southold Town
Code § § § A 106-21, A 106-22, A 106-23 and A 106-24, 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 running of time periods for processing, acting upon, holding heatings 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
inconsistent with the provisions of Town Law §§§§ 267, 267-a, 267-b, 267-c or 282 relating to the
authority to grant variances, waivers or other relief from this Local Laxv, this Local Law is intended to
supersede and amend any said inconsistent authority.
January 6, 2004 6
Public Hearing-Moratorium Extension
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 provisions and requirements set forth in
Article XXV of the Southold Town Code, which require that the Planning Board process, reviexv, hold
heatings on, and act upon applications for site plans ~vithin 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 Law §§ 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, 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. APPEAL 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 find that a variance or waiver will not adversely effect the purpose of
this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning
being undertaken in the Town. The Town Board shall take into account the existing land use in the
immediate vicinity of the property and the impact of the variance or xvaiver 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 ~vith
copies of such plat showing all required improvements in accordance with the procedures of §A106-25
, § A106-27 and Articles Ill and IV of Chapter Al06 of the Southold Toxvn Code.
c. All such applications shall, within 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 xvithout conditions. Final approval is reserved to the absolute legislative discretion
of the To~vn 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 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 February 11, 2004 after filing with the Secretary of State.
I don't think that it is necessary to go through all of the many pages of text that justified and outlined
what this moratorium was about in the first place. What we are proposing here in this hearing is a 180
day extension in order to finalize the work that has been started and xvell under xvay. I have here
January 6, 2004 7
Public Hearing-Moratorium Extension
certification that it has appeared as a legal in the Traveler-Watchman and it has also appeared, the full
text of it, out on the Town Clerk's bulletin board. One piece of communication I have got from the
Suffolk County Planning Department, "Pursuant to the requirements of Section A-14 of the Suffolk
County Administrative Code, this application xvhich has been submitted to the Suffolk County
Planning Commission is considered to be a matter for local determination and there is no apparent
significant county wide impact. A decision of local determination should not be construed as either an
approval or a disapproval." And there is no additional comments or written input on the public heating
in the file.
SUPERVISOR HORTON: Thank you, Councilman Wickham. Would anybody care to address the
Board on this public heating? Mr. Penny.
GEORGE PENNY: Good evening, George Penny, Southold. You should be pretty relieved because I
am not carrying any books, I am not carrying any maps and I don't have my glasses on. So you know
that this is going to be fairly short. You are in a unique position right now as a Town Board, you have
a chance, a golden opportunity to undo some of the damage that has been done in the last fexv years
and to put together a master plan update. You are very close, you have a hamlet study going on right
noxv which is going to give you the halo zones, you have the background work that has been done by
the Blue-Ribbon Commission and you have the input from four or five public hearings, which is good
for the background studies and can be put together by a professional planner. And by a professional
planner, I don't mean somebody that is just going to rubber stamp what people want but that will really
come in a put a good package together. It is time. Over the last few years, the hamlet density zones, if
I have got that wrong, I might be using the wrong terminology but were stripped from the master plan.
A lot of the business zones, on the back road, which were put in place by the Toxvn Board and by the
master plan were taken out and no provision was made for where these businesses were going to go
after that. This xvhole five acre issue can be put to bed and if you lean on the results that they came out
with, xvith the Blue-Ribbon Commission and all the comments that were made by the public, it should
be fairly simple to develop a pattern of consistency in Southold Town without coming out with blanket
five acre zoning. You have the Chumh Lane situation xvcre you have taken away Light Industrial
property and have to create more space for that. So you are right, put it all together, it is a master plan
update, call it that, hire a consultant, bring him on. You are spending $80,000 for the hamlet studies,
finish the job. That is all you have to do. Just finish the job. It is very simple and I hope that you guys
are going to do it. Thank you.
SUPERVISOR HORTON: Thank you, Mr. Penny. Would anyone else care to address the Board?
Ms. Tole.
CATHY TOLE: Cathy Tole, Greenport. I hope you two guys had time to read this before you started,
before you took all of this because it is ominous. I have read it. I applaud the Board for giving itselfa
minimum of 180 days to work on this, if you get done early, you can end it early but in the beginning,
there were many of us that felt that the Board needed two years to proceed with this because it xvas
such a large task. But I also ask that if the 180 days is not enough and I do think that it will be
enough, but that you not pressure yourselves to do things that are not appropriate, simply because the
clock is ticking. But do all that you can within the 180 days to proceed and make some changes that
we have all been waiting almost two years for in the recent cycle and many more years in the other
January 6, 2004 8
Public Hearing-Moratorium Extension
cycle. But I am glad to see the 180 day extension rather than putting too much pressure on the people
who will be drafting the various documents. Thank you.
SUPERVISOR HORTON: Thank you, Ms. Tole. Would anybody else care to address the Board on
this public hearing? (No response) We will close this public hearing.
Southold Toxvn Clerk
DEPARTMENT OF PLANNING
C~JNTY OF SUFFOLK
SUFFOLK COUNTY EXECUTIVE
RECEIYED
,JAN 5 2003
THOMA~ I~L[$, AICP
December 30, 2003
Town Clerk
Town of Southold
Applicant:
Town of Southold
Zoning Action:
Extension of Moratorium on the processing,
review and decision making on subdivisions,
special exception use permits and site plans
containing dwelling units.
Public tlearing Date: l/6/04
S.C.P.D. FileNo.: SD-03-25
Gentlemen:
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative
Code, the above referenced application which has been submitted to the Suffolk County Planning
Commission is considered to be a matter for local determination as there is no apparent significant
county-wide or inter-community impact(s). A decision of local determination should not be
construed as either an approval or disapproval.
Very truly yours,
Thomas Isles
Director of Planning
GGN:cc
S/s Gerald G. Newman
Chief Planner
NOTICE IS HEREBY
GIVEN there has been presented
to the Town Board of the Town of
Southold, Suffolk County. New
York, on the 16th day of
December, 2003~ a Local Law
entitled, "A Local Law In
Relation to a On~ Hondred and
Eighty Il801 Day Extension of
the Temnorarv Moratorium on
the Processinm Review of. and
makine Decisions on anulica-
tions for Major Subdivi~i0n~,
Minor Subdivisions and
Snecial Excention Use Permits
and Site Plans containina
~ Unitts~ in the Town of
$outhold"; now therefore, be it
NOTICE IS HEREBY FUR-
THER GIVEN that the Town
Board of the Town of Southold
will hold a nubile hearine on
the aforesaid Local Law at the
Southold Town Hall. 53095
Main Road..Southold. New
York. on the 6m dav of January
2004 at 5:20 u.m. at which time
all interested nersons will be
given an opportunity to be
heard.
The proposed local law enti-
tled. "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 Dwellin~
Unit(s) in the Town of Southold '
reads as follows:
LOC.M,. 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
Subdivisions and Special
Exception Use Permits and Site
Plans containing Dwelling
Unity(s) in the Town of Southold
BE IT ENACTED BY. the
Town Board of the Town of
Southold as follows:
Section 1. PURPOSE
Moratorium Extension
I. Legislative Intent
A Town-wide moratorium was
enacted by the Town Board of the
Town of Southold on August 20,
2002. To date this moratorium
has been extended three times,
first by six months and twice by
90 days. The current moratori-
um is set to expire in early
February, 2003. The moratorium
was intended to provide suffi-
cient time for the Town to consid-
er the recommendations of the
Blue Ribbon Commission and to
comprehensively review Town
planning issues such as afford-
able housing, completion of the
Local Waterfront Revitalization
Plan (LWRP) and understand
needed public infrastructure
including consideration of hamlet
areas and transportation systems.
The Town Board established a
moratorium planning team con-
sisting of the Town attorney,
Town planner and land preserva-
tion coordinator, as well as tv~o
~elanning consultants and two
gal consultants. The, team was
directed to re'` iew To'`~ n planning
goals~ past planning studies, and
studies that assist the Town
Board in achieving the goals of
the Towh. The moratorium plan-
ning team established a schedule
of tasks which included past plan
review synthesis of planning rec-
ommendations, obtaininn input
from Comminees and ~3oards.
assessment of Town planning and
zoning policies, and utilization of
a Generic Enviromnemal Impact
Statement (GEIS) procedure to
infnr~ th,~ n~-~ I~,ast' :~u'mgen-
43.96 acres to construct ~'n's
,e of Peconic ~ ., . ElS
ot retail atul 'tard
look" at the implications and
~otential impacts of the compre-
ensive intplementatinn s~'ategy
allow for review of mitigation
and alternatives, and provide a
~nrocedure to allow a rational and
gical implementation strategy
to evolve from an organized
process. The Town Board author-
~zed the moratorium planning
team to proceed with the task and
scbedule provided to the Town
Board on October 8, 2002.
The moratorium planning
team met on a weekly or as-need-
od basis to advance the tasks and
~hedule as authorized by the
Tov, n Board. The team complet-
ed a number of important tasks.
including:
· review of past studies;
· synthesis of past planning rec-
mumendations;
· review of Town Code, poli-
cies and definitions:
· preparation of Geographic
Information System (G~S)
resource maps ~n cooperaUon
with Town data processmg staff
'to document Town characteris-
tics;
· review of technical informa-
tion and facts to be used in com-
pl~ing, the QEIS and planning
nnt~am e review;
· initial review of Town afford-
able housing policies;
· initial review of hamlet cen-
ters, transition zones and rural
areas of the Tm, m;
· meetings and interviews with
Town staffand del~artment heads;
· preparation or materials and
updates of ongoing activit!es that
· ,',,ere placed on the Town s web-
site for public infom~ation pur-
poses;
· public informational meet-
ings. 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 Quality Review
Act (SEQIL&) procedures;
· preparation of a build-out
analysis:
a~'~preparation.~ of the Draft. GEIS;
· three public hearings on the
Draft GEIS.
The Town Board recognized
the need to comply with SEQRA,
and understands the value of this
process. The action was of Town-
wide significance and was con-
sidered to be a Type I action
which is more likely to require an
environmental impact statement.
As a result, the Town Board
adopted a number of documents
in conformance with SEQRA,
including the following impor-
tant steps:
· classification of the action as
a Type l action;
· designation of the Town
Board as lead agency;
· preparation of an environmen-
tal assessment form;
issuance of a Positive
Declaration;
· receipt of a Draft Scope of the
Draft GEIS and setting of the
public hearing;
· acceptance of a Draft GE[S:
and
· three public hearings on the
Draft GELS.
Prior to the second extension of
the moratorium the Town Board
adopted a final scope, completed
and accepted the Draft GELS.
scheduled and held public hear-
ings on the Draft GEIS on three
separate dates. Recognizing the
significance of the action, the
need and desirability to comply
'aith SEQRA through the use ora
GElS process, and the subse-
quent need to determine the uhi-
mate series of recommendations
to be implemented, the Town
Board sought to ensure that suffi-
See Legals next page)
COLTNTY OF SUFFOLK
STATE OF NEW YORK ss:
Lise Marinace, being duly sworn, says
that she is the Legal Advertising
Coordinator. of the D'aveler Watchman,
a public newspaper printed at Southold.
in Suffolk Count>': and that the notice of
x~hich the annexed is a printed cop3', has
been published in said D'aveler
Watchman once each week
tbr..../. ...... week(g) successively.
~zommencing 9n the..../:?L ........ day of
Z?.- · .:'...-*.: ..........
S~2rn to ~etbre me tbis....L:..dav of
~ .~.~?./.<~. k':...'-~... 2003. '
Notary Pttblic
Emil3 Hamill
NOTARY Pt BLIC. State of Ney, '~ork
No. 0IH ~t5059984
Qualified in Suffolk ('punt3
£ommissiou expire~ May 06~ 2006
Legals from preceding page
cient time was set aside to com-
~elete the SEQRA process, meet
gal mandates and accommodate
social needs. Due to public inter-
ests in the DGEIS document, the
Town Board held three public
hearings and kept the he,ring
process open nntil July 15tn in
order to facilitate greater public
review and comment.
Following the second extension
of the moratorium:
- a draft Final GElS was sub-
mitred to the Toum on August 29,
2003. The Town Board met to
discuss this draft on September 4
and September 9, 2003. The text
of the draft Final GElS was
revised to reflect the Town Board
input.
- A Final GElS and a Notice of
Completion of the Final GEIS
was issued by the Town Board on
September 9, 2003.
- The public review period on
the FGEIS was expanded beyond
the minimum 10 days reqinred to
the close of I~usiness on
September 22, 2003.
A State Environmental
Quality Review Act Findings
Statement was adopted by the
Town Board of September 23,
2003.
- Since the adoption of the
Findings Statement the Town
Board has held a special Tow~
Board meeting on both
Wednesday; September 24, 2003
and Thursday, October 2, 2003 to
discuss relevant issues and possi-
ble courses of action.
The Town Board voted to
extend this moratorium by ninety
(90) days on October 21, 2003
effective upon filing with the
Department of State. The Local
Law extending the moratorium by
ninety (90) days was filed on
November 17, 2003. The current
moratorium is set to expire on
February 14, 2004. Since the
adoption of the lust moratorium
extension new Town Board mem-
bers have been elected. These
Town Board members take office
on Jantmry 1,2004. Time is need-
ed for these Town Board members
to be brought up to speed on the
extensive planning and SEQRA
work which has taken place to
date. Acfi',e'° planning has been
and continues to take place. Work
is proceeding. The issues facing
the Town of Southold and possi-
ble solutions to those issues are
complex. Legislative solutions
have not yet been agreed upon.
Meanwhile the Town continues to
face significant development
presanre. It is critical that the
issues be grappled with in a com-
prehensive manner, crucial leg-
tslative decisions made and those
decisions implemented. For the
reasons stated above and to per-
mit the Town Board to decide on
and enact needed legislation to
implement the Town's compre-
heusive planning additional time
is needed beyond the expiration
of the ninety (90) day moratorium
extension which expires on
February 14, 2004. This local law
is intended to extend the morato-
rium for an additional one hun-
dred eighty' (180) days from
February 11. 2004.
Section 2. ENACTMENT OF
TEMPORARY MOIL&TORt UM
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
farther force and efl:~'ct and sub-
ject to any other Local Law adopt-
ed by the Town Board during the
One Hundred and Eighty (180/
Da), period:
(l) the Planning Board shall not
accept for review, continue
review, hold a hearing or make
any decision upon any application
for a subdivisinn, whemer that
subdivision application was sub-
mitred prior to or after the effec-
tive date of this law. This law
applies to subdivisions (whether
major subdivisions or minor sub-
divisions) as defmed in Southold
Town Code sS A-106-13. The
statutory and locally-enacted time
Pmeriods for processing and mak-
g decisions on all aspects of
subdivision applications (includ-
ing, but not limited to, sketch
phms, preliminary and final sub-
division plats) are suspended and
staved while this Local Law is in
eff$ct;
(2) the Plamting .Board shal! not
accept for revle``v, continue
review , hold a hearing or make
any decision upon any application
for a site plan containing
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,
reviewing, holding of hearings
and the rendering of decisions.
The statutory and locally-~nacted
time periods for processing and
making decisions on all aspects of
site plan applications containing
dwelling unit(s) are suspended
and s~yed while this Local Law
is in enact
(3) The Zoning Board of
Appeals shall not accept for
hearing on, continue a hearing or
make any decision upon any
application for a special use per-
mit which application is also sub-
ject to Planning Board approval
pursuant to the Southold Town
Code where the Planning Board is
prohibited fi.om reviewing, pro-
cessing, holding hearings on and
making decisions on because of
the provisions of this local law,
whether said application was sub-
mitred prior to or after the effec-
tive date of this local law.
Section 3. A P P L I C A -
TION
This local law shall apply to
ALL [new or pendingl applica-
tions 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 Law shall not apply
to:
(l) subdivisions for which final
plat or conditional final plat
approval ,.,,,as granted by the
Planning Board prior to the effec-
tive date of this local law;
(2) setoffs as defined in the def-
inition of "Subdivision" in
Southold Town Code section
AI06-13;
/3/Lot line applications;
(4) new or pending applications
fro' the subdivision of a parcel of
property '.,.'here interests or rights
m real psoperty /the fee or any
lesser interest, development
rights, easement, covenant, or
other contractual right ) to a por-
tion of that parcel ha``e been sold
or gifted (for purposes of perma-
nent 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 Consen.ancv.
~oriOr to the effective date of thls
cai law;
(5) new or pending applications
for the subdivision of a parcel of
property where an executed con-
tract (dated prior to the effective
date bf this local law) exists to
either sell or gift interests or
rights in real properiy (the fee or
an5, lesser interest, development
rights, easement, covenant, or
other contractual, right ) to a por*
tion of that parcel (for purposes of
permanent presetw'atinn) to either
the Town of Southold (pursuant to
o;a-~-.d~-,rerfi_ 25 or 59 of the
Southold Town co~l-eJTIhe t~ounty
of Suffolk; the Peconic Land
Trust or thc Nature Conservancy;
(6) new subdivision applica-
tions where an applicant has
entered into a contract (dated after
the effective date of this local
law) to either sell or girl interests
or rights in real property (the fee
or any lesser interest, develop-
ment fights, easement, covenant,
or other contractual right ) to a
portion of that parcel(far purposes
of permanent preservation) to
either the Town of Southold (pur-
suant to either chapter 6, 25 or 59
of the Southold Town code); the
County of Soffolk; the Peconic
Laud Trust or the Nature
Conservancy; provided that that
portion of the property on which
the interests or rights to properq,
are being sold or gifted encom-
passes at least seventy five per-
cent (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
Southold Town Code) , streams,
creeks, ponds, slopes over 15%,
underwater land, land encum-
bered 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.;
(7) a site plan application for a
two-family dwelling;
(8) a site plan application for a
bed-and-breakfast;
(9) a site plan application far an
accessory apartment(s);
Section 5. CONFLICT WITH
STATE STATUTES AND
AUTHORITY TO SUPERSEDE
To the extent that any provi-
sions of this Local Law are in
conflict with or are construed as
inconsistent with the prox ision of
New York State Town Law this
Local La,.`` supersedes, an~ends
and takes precedence over NYS
Town Law pursaant to the
Town's munic,paI home rule
powers, pursuant to Municipal
Home Rule Law ~ 10(1)(ii)(d)(3);
§ 10(I){ii)(a)(14) and § 22 to
supercede an>, inconsistent
authority.
In particular, this local law
supersedes Town Law § 276,
Town Law sS 278, and Southold
Town Code §§§ Al06-21.
A10622, A10623 and A1062~,
which require that the planning
board act upon, hold hearings on,
and make decisions concerning
subdivision applications (includ-
ing, but not limited to. sketch
plans, preliminary and final sub-
dNision plats) within specified
time periods. This local law sus-
pends and stays the running of
time periods for processing, act-
ing upon, holding hearings on,
making decisions ~nd taking
action on such subdi``ision appli-
cations (including, but not limited
to, sketch plans, preliminary and
final subdivision plats) provided
for in those laws.
And, to the exient and degree
are construed as being inconsis-
tent with the provisions of Town
Law sS§§§ 267, 267-a, 267-b.
267-c or 282 relating to the
authority to grant variances,
waivers or other relief fi.om this
Local Law, this 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 inconsis-
tent with the provisions of Town
Law sS 274-a and the provisinns
and requirements set forth in
Article XXV of the Southold
To'.~l Code, which require that
the Planning Board process,
re'~iew, hold hearings on, and act
upon applications for site plans
within specified time periods, this
local law suspends and stays the
rtmning of time periods for pro-
cessing, review, holding heanngs
on, making decisions, and taking
action on such applications pro-
vided 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 inconsis-
tent with the provisions of Town
Law §§ 267-a and 274-b and the
~rovisions of Article XXVI of the
0ulfflOld Torah Code, which
require that the Zonifig Board of
Appeals act upon apphcations for
special exception use permits
within specified time periods, this
local law suspends and stays the
running of time periods for pro-
cessing, reviewing, holding hear-
ings on and making decisions on
such applications provid
those laws and is into
supercede and said inc
authority.
Section 6. APPEAL
DUPES
a. The Town Board sl
the authority to ``ary or v
application of an:,' prov
this Local Law, in its le
discretion, upon its detain
that such vuriance or a
required to alleviate an e:
na~' hardship affecting a
properly,. To grant such
the Town Board must fin
variance or waiver
adversely effect the par
this local lax~; the health, s
welfare of the Town of
or an5' comprehensive f
being undertaken in the
The Town Board shall
account the existing land
the immediate vicinity
~roperty and the impact
suppl); agricultural land
and recreational space, tar
ProOf tation infrastructure
wn. The application mu
ply' with all other applical
visions of the Sotuhold
Code.
b. Any' request for a vari~
waiver shall be filed wi
Town Clerk and shall inc
fee of five hundred ($250.(
lars for the processing o
application, along with co.
such plat showmg all re
the procedures of sSA 10625
sSAI0627 and Articles Ill a.
IV of Chapter Al06
Southold Town Code.
c. All such applications
within five (5) days be refer
the Planning Board, whirl
have thirty (30) days foil
receipt to make a recomn
t!on to approve or disaj~pt
Law. The application and
mendation shall be transmit
the Town Board which ma),
duct a public_heating and
final decision on thc applic
with or without conditions.
approval is reserved to
absolute legislative discreti
the Town Board
Section 7. SEVERABILI
If any clause, sentence,
graph, section, or part ot
Local Law shall be adju~lg¢
any court of competent jur
tion to be invalid, the judg
shall not effect the validity o
law as a ````,hole or any part th
other than the part so decid~
be unconstitutional or invali¢
Section 8. EFFECTIVE D
This Local Law shall take e
on February 11, 2004 after t
with the Secretary of State.
BY ORDER OF
SOUTHOLD TOWN BO.
OF THE TOWN
SOUTHOLD, DECEMBER
2003.
ELIZABEIH A. NEVI{
SOUTHOLD
CL
IX 12/18/03 (
...... ,~,m ato ~zP°q~
Legals from preceding page
ti;al the Rixcrhcad [o,,'~n Board
meeting ,.,,'ill be heM on Januau,
6. 2004 at 7:(11/pm. at Ri'. erhead
Town Hall. 2o(I lto,.,.ell A~,enuc,
Rixerhead. Ne,,'. '~ork.
Dated: December 16. 2003
Ri'~ erhead, Nc,.', York
BY ORDER OF THE TOWN
BOARD
OFTHE TOWN OF RIVERHE:MD
BARBARA GR 4TIAN, TOWN
CLERK
IX 12 1g0311371
LEGAL NOTICE
NOTIC'E IS HEREBY Gl\ EN
ti'un the resolntion publbhed
herexx ith ha~ been adopted by thc
Board of Fire C'ommi~edoners of
thc Mattituck Fire Districl in thc
l'tmn of Southold. Snffolk
Connty. New ',ork. on the 2gth
dab of October. 2003, and the
,,alidity of the obligations author-
izcd by such re,;olution may be
bereaffer contested only it such
obligations ,,,,'ere authorized
an object or pnrpose lbr ~hich
the Fire District b DOt anthorized
to e'~pend money, or if the pro,~ i-
sions of law ahich should haxe
been complied '~*. ith as of the date
of pubticatioo o1' this notice ,,,,ere
DOt substantially complied vdtb.
and ail action, stdt or proceediog
contesting such validity is com-
menced x~ithio txxenty, days after
the date of publication of thi>
notice, or such obligation,,, were
authorized in violation of the pro-
visions o f the ('om, timtion. Such
resoh)tign xx~s dui) ap[m~xed by
a ma ont~ ot the quallhed ~oters
of thc Fire District xoting at thc
ammal elccfion dub called, held
and conducted on December
2OO3.
Dated: Mattituck. Ne,.~. 't'ork
Decentber 1o. 2003
John Keogh
Eire District SccretaL-.
BOND RESOLUTION
DATED OCIOBER 28, 20(13.
A RESOLUTION .4LITHO-
RIZING TIIE UPGRADING
AND RENOVATR)N DE THE
FIRE HOUSE I:OR TIlE MAI-
TITUCK FIRE DISTRICT IN
Tile TOWN OF SOUIHOLD,
SLIFFOLK COUNT5r, NEW
YORK. AT A MAXIMUM
ESTIMATED ('()ST OF
$1,500.000. AND AUTHORIZ-
ING THE ISSUANCE OF
$1,250,0(10 SERIAL BONDS
OF SAID FIRE DISTRIC F
AND THE USE OF $250.000
CAPITAL RESERVE FUND
MONEYS OF SAID FIRE DIS- TRICT TO PAt' THE COST
THEREOF.
WHEREAS, the capital project
hereinafter described has been
detemfined to be an Unlisted
Action pursuant to tim regula-
tions of the New York State
Depamnent of Environmental
Conserxation promulgated pur-
suat/t to thc State Emironmental
QualiD' Rcvic,a 4ct, the imple-
mentation of which as propo~,ed,
tile Board of Fire C'ommia,ionep,
has detemained ~[ ill not rc>uh m
WHEREAS. il i', noxx dc>ired
capital ppaiecL N()\V. '1 }IERE-
FI)RE,
BE IT RLSI)LVED. b3 the
£ouoty. Neu. 'fork. ntcludmg
room. ~ccurit5 upgrnde-:, and
maintenance building, including
site and incidental impro,.cmcnt,,
is hereby authorized at a maxi-
5, 1.500,0{ffL
Section 2. It i-. hereby deter-
object> or purpose, is
$1.500,O00, and tltat the phm for
$1.250.600 ~erial bomb o1' ~aid
rc>olution; and
lb} Bx flit usc of an additional
5250.000. hereby appropriated
Section 3. It b hereby fh~hcr
determined that thc period ot'
division 41 of paragraph a of
Section ll,O0 of the Local
of has a period of probable use
under subdixisions Il or f2 of
said paragrapb a of Section I I.OO
Section 4. H~e faith and cre&t
the Tmxn of Southold. Suflblk
County. New ~rk. urc hereby
igevocably pledged lbr thc
ment of the prin~pal of and intcr-
p%able. An annual appropria-
tion shall bc made in each >ear
>ufllcienl to pay thc principal of
becoming due and payable m
bc lc(led on nil tbe taxable real
propctx) in the Fire District, a tax
and payable.
Section 5. Subject to tl~e prox i-
bonds herein authorized, includ-
hereby delegated to tl~e Fire
officer. Such notes ahall be of
as may be prescribed by said Fire
the provisions of the local
Finance Lax~.
Section O. Such bonds shall bc
in lidly registered llmn and sball
be signed iD the name of the
Mattimck Fire Di,trict in the
To~xn of Sonthold. Snffolk
County. N~ York, b~ tbe manu-
manual or ~acsimilc signatdre of
the Fire DJ>trier Secretar5.
Section 7. Thc pot~wt~ and
dutic~ of ad~cHNing such bond~
:minding the hoods, including
>hall compl5 Ihll5 xx ith the pr.~
~ ompn'ollcr ap ~licable to tl~e >ale
of monicipal bonds. Thc receipt
not he nblined to sec to thc appli
to such bonds, inclading deter-
bonds haxing substantially Ic~cl
or declining annual debt scr,.'icc
p]ocribing wttether ii/annal oi
thcslmtlc signatures shall appear
metbod for thc recording ofox~ n
ct,hip of >aid bonds, appointing
the fi~cal agent or agcnt~ fi)r 5aid
bonds, pt'ox idinu Ib~ the printing
and dellxct5 of~aid bonds (and if
said bondq are to bc executed in
thc flame of the Fire District b
the Facsimile signatm'c of its Fire
District TrcabLtrm, providing Ibr
fi~cal ageot or of a de>ignated
official of tbe Fire Di>trict}. the
including thc consolidahon with
other i>5ues, shall be determined
by thc Fire Dbtrict Treasurer. [t
i~ hereb5 dctcrmmcd that it ib
the financial advantage of thc
snch serial bonds any chmge~ Ibr
mailing, dripping and insuring
bonds translbn'ed or exchanged
by thc fiscal agent, and. accnrd-
i[l~ly, mrsttant to paragraph c of
Sgc[ion 70.00 o[ thc Loca
~ba[l bc so collected b) the fiscal
agent. Such bonds shall contain
substantiall5 the recital of x alidi-
t~ chmsc provided Cot iD qection
J2J)O of tbe Local Financc Laxx
and shall otbetxviqe be in ,uch
additinn to those required b5
tion 52.00 of the Local Finm~c
Laxx. a> the Eke District
Scctioo 9. Thi> resolution shall
intent Ibr puddles of Frca>uO
Regulations Section 1.150- 2.
Other than a> >pecilled in this
reasonably cxpcclcd to
bast
object or pu~ose described bere-
in.
Section 10. The x alidi~: of such
bonds and bond anticipation
notes ma5 be contested only
I} Sucb obligation~ are
authorized Ibr an object or pur-
pose ~br x~ bich thc Fire District
21 The proxisions of
lax~ Much should be complied
x~ ith at the date of publicalion
ly complied with.
after thc date of such pnblication.
31 Sucb obligation> are
anthorizcd in k iolation of thc pro-
%trion II. Upofl lifts resoht-
be puhli~hed in fldl m thc
Traveler Walchman. Mdch i> thc
official next>paper of the l. irc
District fiw q~ch purpose, togcth
thc lbrm prn~ided in Section
Seclion 12. Ihb resolution
annual clcclion of the I irc
Diqtrict to bc held on lhe tqh dn~
.I December. 2003.
IX 12ESO3~I3S}
I.EG.4L NOTICE
NOTI('E OF PUBLIC
HEARIN(;
Thursday, December 18, 2003 ~ Traveler ~i~tchman ~ 21A
NOTICE IS HEREBV
GIX EN lbere ha< been pre>coted
Southold, 5. nffoJk Cotml\. Ne,,,,
York. on tbc Itqh .~a
December. 2003. a [ ncal
entitled. "A Eoeal Las~ In
Relation to a One Hundred and
Eighty Il801 Oas' Extension of
the Temporary Moratorium on
the Processine, Review o1: and
makine Decisions on aoolica-
tions li)r Major Subdbisions,
Minor Subdivisions and
Special Exceotion Use Pernfits
and Site Plans containine
D~ellin~ Unitls} in lhe Tov, n of
Southold'~: nox: therelbre, be it
NOTICE IS HEREBY FUR-
THER GI\EN that thc
Board of the To~n of Southold
will hold a public hearin~ on
the aforesaid Local Las~ at the
Southold Town Hall. 53095
Main Road, Southold. Net~
s~ork, on the ~ day of Januar',
2004 at 5:20 p.m. at which time
all interested oersons will be
I/ben an opoortunit,, to be
heard.
Tfic proposed local Ill,,,,' enti-
tled. ".4 Locul Lax,.' In Relntioa to
a One Hondred and Eighty ( l gO)
Da3 Extension of the TemporaD
MoratoriLmt on the Processing,
Re~ iex~ oL and ntaking Decisions
on applications for Major
Subdix isions, Minor
Subdix i>ion~ and Special
Exception U>c Pemdl5 and Site
Plans containm2 D~ellin~
LJnitl s I in the Tox~ t~ of Sonthold*'
reads a> [kqlm~ s:
LOC ~L LA~I NO.
2004
A Local La~x In Relation to a
()ne Ilundrcd and Eighl~
Dab Extension of the Temporary
Moratorium on the Processing.
Reviex~ DE and making Decisions
6n application~ R}r M&ior
Subdix isions. Minor
Subdix isions and Spcckd
Exception Usc Pemfits and Site
Plans containing D~x elling
Llnity(s} in the Tmon of Soothold
BE IT FNACTED BY, the
Town Board .f the Toxin or'
Soufllold a~ Ibllox~ s:
Section I. PURPOSE
Moratorium Extension
I. Legblative Intent
A Towil-kxidc molatoFdlm was
enacted by the Toxin Bored of the
Toxx n of ~outhold on AuguM
2002. To date this moratorium
bas been extended three fimes,
first b5 six montb~ and twice b~_
0fi days. Thc cu~ent moratori-
mn is set to cxpue in early
FebmaD, 2003. Thc moratorinm
ssas iotended m provide
cienl thnc for thc Toxxn to conMd-
er the reoollUllcildation~ of tile
Blue Ribbon Commission and LO
comprehensively rexiexx Tossn
pbnning iqsaes such a~ all~t'd-
able housing, completion nf thc
[ Deal Watert~ont Rex ira[i/alton
Plan {LWRP} and undctMaod
needed pnblic inlkastrucmrc
including consideration of hamlet
the ro~n Board establi>hcd a
sNting of Iht Toxin attorney,
directed to rex icx~ Ttl~ l1 phmning
goals, pa,t planlnng >ttldtc>. and
Board m aclne~ing the goal5 of
ning team eqabhshcd a ,chedule
of la>ks x~ luch inclndcd past plan
zoning politic>, and utilization of
Statement IGEISI procedure
bilk}iii1 thc Board. hl~o]xcd agen-
cies and thc public of the Io~n'~
initiative, tn addibon, th~ GElS
wa, intended to take a "hurd
look" at the impl/cations and
potential impacts of the compre-
alloy, lbr [emexx ol' mnigation
and altcrnatixc~, and prmide ~L
procedare to alloxx a rational and
logiciel implementation ~n'atcgy
process. Thc Toxx n Board author-
ized the mora[oriunl platming
team to proceed ~x ith the task and
schedule provided to the T. wn
Board on October 8. 2002.
The moratorium phmning
team mci on a xx eek[> or as-ncc&
ed basis to a&ancc thc ta>k~ and
,chedule as authorized b5 the
~oxM1 Board. lbe team
cd a number of impo~ant task>.
incloding:
· rex iex~ of past >tudics;
· s5 nlhesi, of past pkmning rec~
· rcxtexx of Toxin Code, poli-
cie~ and definitions:
· preparation of Geograpbtc
[ntbmmtim~ S~'stem
with TOXM1 data processing staff
to document To~n characteris-
tics:
· review of technical nlforma-
lion and {hots Io be nsed in com-
pleting thc (}ETS and planning
initiative rex Jew;
· initial rex iew of%wn all, rd-
able hou>mg policies:
· initial rcxicw of hamlet ceo
te~s. transition zones and rural
· mcctinus and interx iexx s xx itb
Tort n >taflUand department heads:
· preparation of material> and
updates of ongoing actix tries tbat
wcrc placed on the %~x~n'~ web-
aite Ibr pab[ic information pur
· pubhc mlbmmtional meet-
ings. To~u~ Board update> and
dialogue with tbe %x~n Board
re,.ardin= gp, Ditch, considerations'..
preparation ot dra t documems
tbr ~own Board in~plcmcotation
Enx irnnmental Quality
Act I SEQRA ~ procedurc~:
· preparation ora boild-out
analysis:
· preparation of ibc Draft GELS;
and
· three public hearings on thc
Draft GETS.
The %~tn Board recognized
thc nccd to compl~ with
and understands the ~alne of thb
process. Ibc action wa~ of Town-
wide >igniticance and tiaa con-
sidered to bca ~pe l action
~ hich is more likely to require an
As a re~uh, lhe Town Board
adopted a nunlber of documents
in confommncc with SEQRA.
including tbe fiqlox~ing impof
· cla~sitication o[' the action as
a Type I action:
· designation of ibc To~n
Board as Dad agency:
Dcclaranon;
· receipt ot'a Draft Scope of the
Draft GEIS and setting of the
public hearing;
· acceptance of a D~ali (;EIS:
· three public hcanng, on the
Draft GI[S.
Pr/or tn the second extenqon Of
adopted a final scope, conlpleled
and accepted the Draft GEIS,
~chcduled and heed public hca~
mg~ on lhe Draft (}ELS on lhrcc
~ignificancc of the acmm. the
nccd and de4rabilit5 to con/pi5
~x itb SEQRX Ihrnugh thc u~c ot'a
GEIS procc,~, and the subsc-
ClUCnl need to dclcrminc iht utti
See Legals next pagO
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
NL,kREIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF ]iNFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax t631) 765-6145
Telephon(~ (631 ~ 765-1800
sour holdtown.northfork.net
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 844 OF 2003
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON DECEMBER 16, 2003:
WHEREAS there has been presented to the Town Board of the Town of Soutbold, Suffolk
Coumy. New York, on the 16lb day of December. 2003, 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 nf Southold"; now tllerefore, be it
RESOLVED that the Town Board oftbe Town of Soutbold will hold a public hearing ou the
aforesaid Local La~ at the Southold Tmon Hall, 53095 Main Road~ Southold~ New York~
on the 6th day of January at 5:20 p.m. at which time all interested persons will be given an
opportnnity to be heard.
The proposed local la;x entitled, "A Local [.aw [ti Relation to a Oue Hundred and Eighty (180)
Day Extension of the Temporary Moratorium on tbe Processing. Revicw of, and making
Decisions on applications tbr Major Subdix isions, Minor Subdivisions and Special Excepnon
Use Permits and Site Plans containing Dwelling Llnil{s) in the Town of Southold" reads as
follows:
I,OCAL LAW NO. 2004
A Local Law In Relation to a One Hundred and Eighty 1180) Day Extension of the
Temporary Moratorium on the Processing, Review of, and making Decisions on applications for
Major Subdixisions, Minor Subdivisions and Special Exception Use Pemtits and Site Plans
containing Dwelling Unity(s) in the Town c,t' Southold
BE IT ENACTED BY, thc Town Board of the Tox`, n of Southold as I:bllows:
Section 1. PURPOSE
Moratorium Extension
I. [.egislative Intent
A To',`. n-wide moratorium was enacted by the Town Board of the Town of Southold on August
20, 21)02. To date this moratorium has been extended three times, first by six months and ~wice
by 90 days. The cun'ent moratorium is set to expire ill early February, 2003. The moratorium
was intended to provide sufficient time for the Town to consider the recommendations of tbe
Blue Ribbon Commission and to comprehensively review Town planning issues such as
affordable housing, completion o~'tbe Local Waterfront Revitalization Plan (LWRP) and
understand needed public infrastructure including consideration of hamlet areas and
transportation systems.
The Town Board established a moratorium planning team consisting of the Town attorney, To`.`. n
plam~er and land presel'~'ation coordinator, as well as two planning consultants and two legal
consultants. The team was directed to review Town planuing goals, past planning studies, and
stndies that assist the Town Board in acbie`, ing the goals of the Town. The moratoriun't planning
tcam established a schedule of tasks which included past plan re`, iew, synthesis of plaaning
recommendations, obtaining input fronl Comnlittces and Boards. assessment ofTo~`, n planning
and zoning policies, and utilization ora Get, eric Environmental impact Statement {GE[S)
procedure to inform the Board, involved agencies and the public of the Town's initiati`,'e, in
addition, the GEIS was intended to take a "hard look" at the implications and potential impacts
of the comprehensive implementation strategy, allow for re,, ic,.v of ruitigation and alternatives,
and provide a procedm-e to allow a rational and logical implementation strategy to evolx e ['rom
an organized process. The To,.,. n Board authorized the moratorium planning team to proceed
with the task and schedule provided to the 'Iown Board on October 8~ 2002.
Tile raoratorium planning team met on a weekly or as-needed basis to advance the tasks and
schedule as authorized by the Town Board. Tbe team completed a number of important tasks,
including:
· reviewofpast studies;
· ssq~thesis of past planning recommendations;
· review of Town Code. policies and definitions;
· preparation of Geographic Infomqation Sys[elll {GIS) resource maps in cooperation with
Town data processing staff to document Town characteristics;
· review of technical information and hcts to be used in completing the GElS and planning
initiative review;
· initial review of Town affordable housing policies;
· initial review of bamlet centers, transition zoues and rural areas of the Town;
· mcetings and inten'iews with Town staffand depamnent heads;
· preparation of materials and updates of ongoing activities that were placed on the Toxxn's
website for public intbmmtion pulposes;
· public inlbrmational meetings, Toxxn Board updates and dialogue with the Town Board
regarding policy considerations;
· preparation of draft documents for Town Board implementation and conformance with
State Environmental Quality Review Act (SEQ~&) procedures;
· preparation ora build-out analysis;
· preparation of the Draft GELS; and
· three public beariogs on the Draft GELS.
The Town Board recognized the need to comply with SEQRA, and understands the vulue of this
process. The action was of Town-wide significance and was considered to be a Type I action
wbicl~ is more likely to require an environmental impact statement. As a result, the Toxxn Board
adopted a number of documents in confonnance with SEQRA, including the following important
steps:
· classification of the action as a Type I action;
· designation of'tbe Town Board as lead agency;
· preparation of an em'ironmental asscssmeot form;
· [ssuancc ora Positive Declaration:
· receipt of a Draft Scope of the Draft GElS and setting of the public hearing:
· acceptanceofa Draft GEIS; and
· three public hearings on tile Draft GEIS.
Prior to the second extension of the moratorium the Town Board adopted a final scope,
completed and accepted the Draft GELS, scheduled and held public hearings on the ]Draft GEIS
on three separate dates. Recognizing the significance of the action, the need and desirability to
comply with SEQRA through the use of a GElS process, and tile subseqnent need to detemrine
tile ultimate series of recommendations to be implemented, the Town Board sought to ensure that
sufficient time was set aside to complete the SEQIL~ process, meet legal mandates and
accommodate social needs. Due to public interests in the DGEIS document, the Town Board
held fi~ree public hearings and kept tbe hearing process open until July 15th in order 1:o facilitate
greater public re~ iew and comment.
Following the second extension of the moratorium:
a draft Final GEIS was submitted to the Town on August 29, 2003. The Toxin Board
met to discuss this draft on September 4 and Septcmber 9, 2003. The text of the draft Final
GEIS was revised to reflect the Town Board input.
A Final GElS and a Notice of Completion of tile Final GElS was issued by the Town
Board on September 9, 2003.
Tbe public review period on tile FGEIS was expanded beyond the minimum 10 days
required to the close of business on September 22, 2003.
A State Environmental Quality Review Act Findings Statement was adopted by the Town
Board of September 23. 2003.
Since the adoption of tile Findings Statement the Town Board has held a special Town
Board meeting on both Wednesday, September 24, 2003 and Thursday. October 2, 2003 to
discuss relevant issues and possible courses of action.
The Town Board voted to exlend this moratorium by ninety (90) days on October 21, 2003
effective upon filing with tile Department of State. Tile Local La'.,.' extending the moratoriun~ by
ninety (90) days was filed on November 17, 2003. The current moratorium is set to expire on
February I4, 2004. Since the adoption of the last moratorium extension new Town Board
members have been elected. These Town Board members take office on January 1, 2004. Time
is needed for these Toxx n Board members to be brought up to speed on the extensi~'e planning
and SEQIL~k work which has taken place to date. Active planning has been and continues to take
place. Work is proceeding. The issues facing the Town of Southold and possible solutions to
those issues are complex. Legislative solutions have not yet been agreed upon. Meamxhile tile
Town continues to face significant development pressure. It is critical 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 Town Board to decide on and enact
needed legislation to implement the Town's comprehensive planning additional time is needed
beyond the expiration of the ninety {90) day moratorium extension which expires on February
14. 2004. This local lax`.' is intended to e~tend the moratorimu ~br an additional one hundred
eighty (180) days from February 11, 2004.
Section 2. ENACTMENT OF TF, MPOILARY MORATORIUM
For a period of One Hundred and Fighty (1801 Days ibllowing the effective date of this
Local Laxx after which date this Local Law shall lapse and be without further force and effect
and sabject to any o~her Local [.at`.' adopted by the Town Board during the One Hnndred and
Eighty (180) Day period:
1) the Plmming Board shall t-~ot accept for review, continue review, bold a hearing
or make any decision upon any application for a snbdivision, whether that
subdivision application was submitted prior to or after the effective date of this
lax`.. This law applies to subdivisions Iwhether 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.
preliminary and final subdivision plats) are suspended and stayed while this
Local Lax`.' is in effect;
2) the Planning Board shall not accept for review, continue review . hold a
hearing or make any decision upon any application tbr a site plan containing
DWELLING UNIT(S). x`,hether submitted prior to or after the effectixe date of
this lax,,', 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, conti~me review,
hold a hearing on, continue a hearing or make an.,,' decision upon an.,,'
application /hr a special[ use permit which application is also snhject to
Planning Board approval pursuant to the Southold Town Code `,`,'here the
Planning Board is prohibited ti-om reviewing, processing, holding heatings on
and making decisions on because of the proxisions of this local law, whether
said application was submitted prior to or after the effective date of this local
law
Section 3. APPLICATION
This local law shall apply to ALL [new or pending] applications for either subdivision
approval or special exception use pemfits and site plans containing dwelling unit(s} within the
TowI1 of Southold.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
1)
subdMsions for which final plat or conditional final plat approval was granted by the
Planning Board prior to the effecti`,'e date of this local lax,,';
setoffs as defined in the definition of "Subdivision" in Southold Town Code section
A106-13;
Lot line applications;
4)
5)
6~
7)
8)
new or pending applications for the subdivision of a parcel of properL2,, where
interests or rights in real prope~-~y (the fee or an.,,' lesser interest, development rights,
easement., covenaut, or other contractual right ) to a portion of that parcel have been
sold or gifted flor purposes of permanent preservation) to either the I'own of
Southold (pursuant to either chapter 6, 25 or 59 of the Southold To,.vn code); the
County of Suffolk; the Pcconic Land Trust or the Nature Conservancy. prior to the
effective ._'late of this local law;
new or pending applications for the subdivision of a parcel of property where all
executed contract (dated prior Io 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,
development rights, easement, covenant, or other contractual right ) to a portion of
that parcel (for puq~oses of permanent presel-,'ation) to either tile Town of Southold
(pursuant to either chapter 6, 2:5 or 59 of the Southold Toxvn code): the County of
Suffolk; the Peconic Land Trust or the Nature Conselwancy;
new subdivision applications where an applicant has entered into a contract (dated
after the efliective date of this local law) to either sell or gift interests or rights in real
property Ithe fee or any lesser interest, development rights, easement, covenant, or
other contractual right ) to a portion of that parcelObr purposes of pe~-manent
preservation} to either the Town of Southold (pursuant to either chapter 6. ;':5 or 59
of the Southold Town code); tl~e County of Suffolk: the Peconic Land Trust or the
Nature Conservancy; provided that that portion of the property on which tile
iuterests or rights to property are being sold or gifted encompasses at least seventy
five percem (75%) of the entire parcel. The following areas are not to be included itl
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 oxer 15°o, 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 tbr a two-['amily dwelling;
a site plan application for a bed-und-breakfast:
9) a site plan application for an accessory apartment(s);
Sectiou 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE
To the extent that any provisions of this Local Law are in cortflict with or are ccmstmed
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 municipal hon~e nile
powers, pursuant to Municipal Home Rule Law § 10( 1 )(ii)(d}(3); § 10(l)(ii)(a)(I4) and § 22 to
superccde any inconsistent authority.
In particular, this local law supersedes Town Law § 276, Town Law § 278, and Southold
Town Code § § § A 106-2 I, A 106-22, A 106-23 and A 106-24, which require that the planniug
board act upon, hold hearings on, and make decisions concerning subdMsion applicat~ons
(including, but not litnited to. sketch plans, prelindnary and final subdMsion plats) within
specified titne periods. This local law suspends and stays the running of time petSods for
processing, acting upon, holding hearings oil, making decisions and taking action on such
subdMsion applications (including, but not limited to, sketch plans, preliminaD, and final
subdivision plats) provided for in those laws.
And, to the extent and degree any p~ovisions of this Local Law are construed as being
inconsistent with the provisions of Town Law §§§§ 267, 267-a, 267-b, 267-c or 282 relating to
tile authority to grant variances, waivers or other relief from this Local Law, this 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 Lzo. v § 274-a and the provisions and requirements set
tbrtb in Article XXV of the Southold Town Code, which require 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 thc running of time periods tbr processing, review,
holding bearings 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 consmted as being
inconsistent with the provisions of Town Law §§ 267-a and 274~b and the provisions of Article
XXVll of the Southold Town Code, M~ich require that the Zoning Board of Appeals act upon
applications for special exception use pennits within specified time periods, this local law
suspends and stays the rLmning of time periods for processing, reviewing, holding hearin~r,s on
and making decisions on such applications providcd for in those laws and is intended ~Io
supcrcede and said inconsistent authority.
Section 6..APPEAL PROCEDURES
a. The Town Board shall have tile authority to ,.'ar3.' or v. aive the application of any
provision of this Loc.al Law, in its legislatix e discretion, upon its detemfination, 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 '`'`'ill not
adversely effect the propose of this local law, the health, safety or welfare of the TowIqt of
Sonthold or any comprehensive planning being undertaken in the Town. The Town Board shall
take into account the existing land use in th,.' immediate vicinity of the property and the impact of
the variance or waiver on tile water supply, agricultural lands, open and recreational space., rural
character, natural resources, and transportation infi'astructure of the Town. The application must
comply with all other applicable provisions o f the Southold Town Code.
b. :May request for a variance o~- waiver shall be filed with the Town Clerk aim shall
include a fee of five hundred ($250.00} dollars lbr the processing of such application, along with
copies of such plat shoxx lng all required improvements in accordance with the procedures of
§A106-25, § Al06-27 and Atq. icles Ill and IV of Chapter Al06 of the Southold Town Code.
c. All such applications shall, within five {51 days be referred to the Planning Board,
x'`hich shall have thirty (30) days following receipt to make a recommendation to approve or
disapprove a variance or waiver of this kocal Lax'`'. The application and recommendation shall
be transnfitted to the Town Board which may conduct a public_hearing and make a final decision
on the application, xx ith or '`x ithout conditions. Final approval is reserved to the absolute
legislative discretion of'the Town Board
Section 7. SEV'ERABILITY
If an3 clause, sentence, paragraph, section, or part of this Local Lax',' shall be adjudged by an.,,,
court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this lax'`'
as a x~ hole or any pan thereof other than the pmx so decided to be unconstitutional or invalid.
Section 8. EFFECTIVE DATE
This Local La~x shall take effect on Februa,cy l 1. 2004 after filing with the Secretary of State.
Elizabeth A. Ne,~'ille
Southold Town Clerk