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HomeMy WebLinkAboutLL-1985 #14 LOCAL LAW NO. , 1885 A Local Law to provide for a Moratorium in certain zoning use Distric{s BE IT ENACTED by the Town Board of the Town of Southold, as follows: Chapter 100 (Zoning) of the Code of the To~/n of,i~3uflaold is here. by amended by adding thereto a new Article, to be Article XVI, to read as follows: ARTICLE XVI .. MORATOR I UM Section 100- 160 Findings and Purpose (1.) In November of 1982, the Town Board authorized the Southold Town Planning Board to retain the services of Raymond, Parrish, Pine & Weiner, planning consultants for the purpose of conducting such studies and making such recommendations as such consultants deemed appropriate to up-date the existing comprehensive plan of the Town, including the Town's present zoning code and zoning map. (2,) In May of 1985, said consultants presented to the Planning Board and the Town Board a report of their study, together with recommended planning maps, a zoning map, and a draft of recommended revisions to the Town's present zoning code. (3.) That since the presentation of the consultants' report and recommendations, the Town Board, the Planning Board, and the Board of Appeals have individually and collectively been reviewing such report and recommendations. (4.) That upon the completion of such review, the Town Board will conduct informal public meetings in the variot~s hamlets of the town to afford the public an opportunity to express it views and make recommendations with respect to such report and recommendations. (5.) That at the conclusion of such hamlet meetings,the Town Board will further review the proposed amendments to the Town's zoning code and · zoning map, giving consideration to all comments and recommendations presented at such meetings, and will then propose a Local Law to implement the said master plan study, incorporating such revisions therein as it deems appropriate. The Town Board will then refer the same to the Town Planning Board and the Suffolk County Planning Commission for their review and recommendations, as required by law, and thereafter hold a public hearing thereon, as required by law, on the question of the 'enactment of such Local Law to implement, in whole or in part, the recommendations proposed by the Master Plan Study conducted by said consultants. (6.) That the Town Board finds that many of the zoning code and zoning map amendments recommended by the plan~ing consultant are incor[sistent with the present zoning map and zoning code with respect to uses in the B Light Business Districts; the B-1 General Business Districts; the C Light Industrial Districts; and the C-1 General Industrial Districts, in that many of the presently permitted uses will not be permitted if the recommendations of the planning consultants are to be implemented. (7.) That the Town Board further finds that to permit the issuance of building permits; to permit the change of any present use; to approve any site plan; or to otherwise authorize or approve any new construction or new uses in any of the use Districts set-forth in section 100-160(6) hereof, except as otherwise provided in section 100-163 hereof, until such time as the Town Board has had a reasonable period of time to enact appropriate legislation to implement, in whole or in part, the recommendations of the said planning consultants, would result in a race of diligence of land owners to apply for and obtain permits and/or other approvals for the construction of buildings and other improvements or the approval of uses in such Districts which may be at variance with the use regulations recommended in the master plan study. That to permit the issuance of such permits and/or approvals, or the approval of site plans in such use Districts during the time required by the Town Board to enact appropriate legislation to implement such recommendations would frustrate and defeat the intent and purpose of the up-date and revision of the Town's comprehensive plan for the orderly development of the town and seriously impair the effectiveness thereof. (8) It is therefor the intent and purpose of this Article to impose a moratorium on the issuance of building permits; the approval of site plans; or the authorization and/or approval of any new construction and/or new uses on any land located in those areas specified in section 100-162 hereof. Section 100-161 Moratorium Imposed Notwithstanding the provisions of this chapter, or any other law, rule or -2- regulation, during the period that this Article shall be in effect, no officer or employee, of the Town of Southold shall accept an application for, or take any action on any application for a building permitt or accept an application for° or take any action on any application for site plan approval, or otherwise authorize and/or approve of new construction and/or any change in use of any land or premises Incited in thnse ~r~ specified in ~ctinn 100-162 hereof, unless the same is authorized by the Town Board, p,~-~uant to the Pr~visio~s of Section 100- 163 of this Article. Section 100-162 Areas Affected The provisions of this Article shall apply to all land and premises located within the boundaries of the following zoning use Districts, as the same are shown and designated on the present zoning map of the Town of Southold, to wit: (a) B Light Business Districts (b) B-1 General Business Districts (c) C Light Industrial Districts (d) C-I General Industrial Districts Section 100-163 Waiver of Provisions of this Articl~ Notwithstanding any of the provisions of this Article, the Town Board is authorized to waive, in whole or in part, any of the provisions of this Article, as it applies to a particular lot, piece or parcel of land affected by this Article, upon a written application of the owner filed with the town clerk. If the Town Board, upon consideration of all relevant facts and circumstances, determines that the waiver requested will not authorize or permit the use of land or premises for any use that is inconsistent with or in conflict with the provisions of the proposed legislation to implement the Master Plan up-date, it may grant a waiver of the provisions of this Article as it may apply to such land. In making such determination, the Town Board may impose such reasonable conditions as itdeems necessary or appropriate to observe the spirit and intent of this Article. Section 100-164 Duration The provisions of this Article shall be in full force and effect for a period of' six (6) months after its effective date. Section 100-165 Prior Approvals Nothing contained in this Article shall be deemed to abrogate or annul any prior approval granted and in effect on the effective date of this Article. Section 100-165 Effective Dat~ This Local Law shall take effect upon its filing with the Secretay of State. -3- 10/4/~5 Dear Sir/Madam: Please be advised that Local Law(s) No. ~ of~ ofthe ~ was/were received and filed on ~ Additional forms for filing local laws with this office will be forwarded Upon request. NYS Department of State Bureau of State Records 383602-004(12/82) (Please Use this Form for Filing your 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. C~:z of Southold ................................ Town .......................................................................................... Local Law No ..... ,.: ......... !.~. ............................ o£ tl~ year 19 J.5. .... A to rovide for ' ' n~ .... ~G ..................................... local law ............. .P. ......................... .~../~.or..o.~o.c.~.urmm..ceac. tah-z.~oz~ ...u...s..e._~.[.s..~r' .~.~, (hmeet titl$) Be it enacted by the ............. ..T...o...w...n....l~.O~.~i ......... '. ............................................................................. of the (N~me ~ L~lshtivo Southold .' ............... ~ ..... - ' ........................................................................ as follows: Chapter 100 (Zoning) of the Codeof .idle Town of Southold is here. by amended by adding thereto a new'Article; to be Article XVI, to r~ad as follows: ARTICLE XVI ' MORA2=ORI UM Section 100 - -160 Findings and Purpose (~.) In November' of 1982~ the Town Board authorized the Southold Town Planning Board. to retain'the services of R. aymond, Parrish, Pine & Wei'ner," planning consultants for the purl~ose of conducting such studies and making such recommendations as such consultants deemed appr0pria[e to up-date.the existing c. omprehensive plan of the Town, including the Town's present zoning code and zoning map. (2,) InMay of 1985, said'~onsultants presented to the Planning Board and the Town Board a report of their study, together with recommended planning maps, a zoning map, and a draft of recommended revisions to 'the Town's present zon'ing code. (3.) That since ~he presentation of the consultants~ report and recommendations, the Town Board, the Planning Board, and the Board of Appeals have individually and collectively.been reviewing such report and recommendation ~"'(lf additional space is needed! please ntt~'h .... sheets' of the same size as this and number esch)"'~ (4.) That upon the completion of such review, the Town Board will conduct informal public..'meetings in'the various hamlets of the town to afford the public a~ opportunity to express it Views and make' recommendations with respect to' such report and recommendations. , · ~ ' the of ~uch h~m!et meetings,the Town Bo~rd wet! further review the proposed amendments to the Town's zoning code and zoning map, giving consideration to all comments and recommendations presented at such meetings, and will then propose a Local Law to implemer ~he said'master plan study, incorporating such revisions therein as it deems appropriate. The Town Board will'then refer the same to the Town Planning Boa'rd and the Suffolk'County Planning Commission for their review and recommendations, as required by law, and thereafter hold a public hearing thereon', as required by law, on the question of the enactment of such Local Law to implement, in whole or in part, the recommendations proposed by the Master Plan Study conducted by said consultants. (5.) That the Town Board finds that many of the zoning code and zoning map amendments recommended by the ~ c~nsultant ara inconsistent with the present zoning map and zoning code with respect to uses in the B Light Business Districts; the B-1 General Business Districts; the C Light Industrial' Districts; and the C-1 General Industrial Districts, in that many of the presently permitted uses will not be permitted if the recommendations of the plar~ning consultants are to be implemented. (7.) That the Town Board further finds that to permit 'the issuance of buifdinc_ permits; to permit the change of any present use; to approve any site plan; or to otherwise authorize' c~r approve any new construction or new uses in any of the use Districts s&t-forth in Section 100-160(6) hereof, except as otherwis& provided in section 100-163 hereof, until such time as the Town Board has had a reasonable period of time to enact appropria legislation to implement, in 'whole or in part, the recommendations of the said 'planning consultants, would result in a race of diligence of land -2- owners to apply for and obtain permits ,and/or other approvals 'for the construction of buildings and other improvements or the approval of uses in such Districts which may be at variance with the use regulations recommended in the master plan study. That to permit the issuance of o~ :u,,~ appruva-,-cr~ site plans in such use Districts during ~e time required by the Town Board to enact appropriate l~islation to implement such'recommendations would frustrate and defeat the Intent and purposeof the up'date and revision of the Town's comprehensive plan for the orderly development of tRe town and seriously impair 't~e effectiveness thereof. (8) It is therefor t~e intent and purpose of this Article to impose a moratorium- ' on the issuance of, building permits; the approval of site plans; or the a~thorization and/or approval of any new construction and/or new uses on any land located in those areas specified in section 100-162 hereof. Section 100-161 Moratorium Imposed Notwithstanding the provisions of this chapter, or any other law, rule or regulation, during the period that this Article shall be in effect, no officer or employee. ~°f the Town 'of 5outhold shall accept an application for, or take any action on an~ ~pfi~io~ 'fo;:az~;il~'~g pe'~-i;' '~. ~pt an ~plicat~n for;: or take any action on any application for site plan approval, or otherwise authorize and/or approve of new'construction and/or any change in use of any land or pr~mJ~s located ir, those areas . .... _ · sp_c~ed in'secHon 100-~2 hereof, un~ess the same is authorized by the T0~' Board, ~u~' ~-~ P~isi~s ~ 5~tion 10~ 163 of this Article. ' Section 100-162 Areas AffecteH The provisions of this Article ,shall apply to all land and premises located within the boundaries of the following' Z~ning use Districts, as the same are shown and designated on the present 'zoning map of the Town of Southold; to wit: (a) B Light Business Districts (b) B-1.General Business Districts (c) C Light IndUstrial Districts Industrial' Districts .................. -3- Section 100-163 Waiver of Provisions of this Article - · Notwithstanding any of the provisions of this Article, the TOwn Board is authorized to waive, in whole 'or in part, any of the provisions of this Article; as it applies to a particular lot, piece or parcel of land affected by this Article, upon · ap ~.~ ~. ,If th~ Town ~c~ard, a Wri~An' plicati~n of' the owner' flied upon consideration of ali rele~ant facts and circumstances, determines that the waiver requested will not authorize or permit the use of land or premises for any use that is inconsistent with or in conflict with the provisions of the proposed legislation to implement the Master'Pla'n up'date, it may grant'a waiver of the ' provisions of this Article aS it may apply'to'such land. In making such determination, the Town Board may impose Such rea~nable'conditions as itdeems necessary or appropriate to observet~e spirit and intent of this 'Article. The provisions of thi~ Arti~le~shali be'in full force and effect for a period of six (6} months after its effective da~e. Section 100-165 Prior Approvals Nothing contained in this Article shall be deemed to abrogate or annul any prior approval granted and in effect on the effective date of this Article. Section 100-165 Effective 'Date This Local LaW shall take effect upon its filing with the Secretay of State. -4- (Complete the certification in the paragraph which applies to the filing of this local law ~nd strike out the matter therein which is not applicable.) (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No ..... .1...q. ......... of 19.....8...5 C~un~y of the C-itT' of Southold was duly passed by ~he Town Board "'~ Town ....................................................... ifi2~';"oi'L'i~i'~i~;i'~';'h"o~,~i ........................... on......$..e.p.t.9.m...b.9.r.....2.~ ............ 19 :.85.. in accordance with the ap~llcable provisions of law. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Offioer,* or repassage after disapproval.) .~ I hereby certify that the local taw annexed hereto, designatedas local law No ..................... of 19. ....... County City of ...................................... was duly passed by the ............................................................................... of the Town "' (Name of Legislative Body) Village not disapproved on ...................................... i ........... 19 ........ and was approved by the ........................................................ repassed after disapproval Elective Chief Executive O{ficer * and was deemed duly.adopted on ........................................................ 19 ........ , in accordance with the applicable provisions of law. (Final adoption by referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No ................... of 19 .......... County of the City of was duly passed by the ...................................................................................... Town ...................................... {Nome of Legislative Body) Village not disapproved on ................................................... 19 ........ and was approved by the ............................................................... repassed after disapproval Elective Chief ~xecutive Officer ~ on .................................................................... ~19. ........ Such local law was submitted to the people by reason of a mand. ato.ry referendum,and received the affirmative vote of a majority of the qualified electors voting permissive general thereon at the special election held on ....................................................... 19 ......... in accordance with the appli- canna] cable provisions of law. (Subject to permissive referendum ~ and final adoption because no valid petition filed requesting referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No ................... of 19 .......... County City of ....................................... was duly passed by the ................................................................................ on of the Town (Name of Legislative Body) Village not disapproved ...................................................... 19 ........ and was approved by the ......................................................... on repassed after disapproval Elective Chief Executive Officer * .............................................................. 19 ......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ...................................................................... 19 ........ , in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or lnclude~ the chief executive officer of a county elected on a county-wide ba~t~ or, if there be none, the chairman of th~ county legislative body, the mayor of a city or village or the supervisor of a town, where such offieer is vested with pow~ to approve or wto local l~ws or ordinances____. P,~ge 2 (City local law concerning Charter rexision proposed by petition.) I tiereby certify that the local law a~nexed hereto, designated as local law No ...... ~ .............. of 19 ........ of the c;.r ,~¢ .......... hav[ ~g been submitted to referendum pursuant to the p. rovisions of ~ 36 37 of the ~,iunicipal florae Rule Law, and having received the affirmative vote of a majority special of the qualified electors of such city voting thereon at the general election held on .................................. ................ 19 ............ became operative~ ~., 6. (County local law cot~cerningadoption of Charter.) I 'hereby certil~y thaf the local law'a'nnexed hereto, designatedas Local'Law No ....... o~ .I 9....... ~f the County of ............... L ......................... State of New York, having been submitted to the Electors at the General Election of November .......... , 19 ....... ...., pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal Home Rule LaW, and having received tl~e affirmative vote of a majority of the qualified electors of the cities of said county as a unit and or a majority of the qualified electors of the towns of said cmmty 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 appropriato 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 therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ............. .1. ............. above. Clerk of the County legislative body. City, Town or officer designated by local legislative body Date: September 25, 1985 JUDITH T. TERRY, TOWN CLERK (Seal) (Certification to be executed by Courtly Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.} STATE OF NEW Y(~RK .~UFFOLK COUNTY OF ................................................... I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings ~aave been had or taken for the enactment of the local law annexed hereto. Signature Robert W. Tasker, Town Attorney Title [3ate: September 25, 1985 C:~ of ..... ..S...u..f..fo.!..k. ........................................... Town Page 3 PUBLIC HEARING SOUTHOLD TOWN BOARD AUGUST 27, 1985 7:30 P.M. IN THE MATTER OF A PROPOSED LOCAL LAW ENTITLED "A LOCAL LAW TO PROVIDE FOR A MORATORIUM IN CERTAIN ZONING USE DISTRICTS". Present: Absent: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Justice Raymond W. Edwards SUPERVISOR MURPHY: I would like to open this public hearing and read a notice: "Public Notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of July, 1985, a Local Law entitled, "A Local Law to provide for a Moratorium in certain zoning use Districts," which reads as follows, to wit: Be it Enacted by the Town Board of the Town of Southold, as follows:"..concerning a moratorium. It's very long. I would suggest we waive that part of the reading and Joe, if you would read the notification of the papers and the bulletin board. COUNCILMAN TOWNSEND: Okay, just to elaborate a little bit, it affects--the moratorium will affect those commercial districts: "B" Light Busines~ District:s,~ "B-l" General Business Districts, "C" Light Industrial Districts, and "C-I" General Industrial Districts. And it is to last for a period of six months. We have affidavits of publication from The Long Island Traveler-Watchman and from T~he Suffolk Times. Notice that it was posted on the Town Clerk's Bulletin Board by Judith Terry. Notice to all adjoining towns. We have recommendation from--or notice from the Department of Planning of the County of Suffolk indicating this is a matter for local determination. We have a copy of a report from the Town Planning Board. This report is a couple of written pages, so I think I'll summarize what it says. The feeling of the Town Planning Board is that they are not in favor because they feel it will do exactly the opposite of what is intended by it. In other words, that it will create a rush to get applications in before the moratorium is effective. It says, "If the Town Board is firmly convinced that a moratorium is essential on site plan approvals, a relief in the review procedure is necessary in order that the Board not be deluged with processing incomplete and otherwise unsatisfactory applications." I do believe there is a relief mechanism in this. If I can find the spot I'll read that. "Notwithstanding any of the provisions of this Article, the Town Board is authorized to waive, in whole or in part, any of the provisions of this Article, as it applies to a aparticular lot, piece or parcel of land affected by this Article, upon a written application of the owner filed with the town clerk. If the Town Board, upon consider- ation of all relevant facts and circumstances, determines that the waiver requested will not authorize or permit the use of land or premises for any use that is inconsistent with or in conflict with the provisions of the proposed legislation to implement the Master Plan up-date, it may grant a waiver of the provisions of this Article as it ·°age 2 - Local Law - Mo.,torium may apply to such land. In making such determination, the Town Board may impose such reasonable conditions as it deems necessary or appropriate to observe the spirit and intent of this Article." In other words, if a project is going to conform to the new Master Plan, the Town Board may waive the moratorium for that particular parcel. That's all I have, Frank. SUPERVISOR MURPHY: Thank you. We've heard the official notice and the notice that it was duly posted and advertised. Is there anybody here who would like to speak in favor of this proposed moratorium? (No response.) Is there anyone would like to speak in opposition to? Sir? KEITH KAMMERER: Good evening, ladies and gentlemen of the Board. I'm appearing on behalf of Allan Smith, Counsel to 125-127 Main Street Corporation. I'm here to express our client's observat|ons and objections to the moratorium that is the subject of this public hearing. In sporting events there are provisions for calling for a"time out',. However, the right to own land and the inherent rights to the use of that land is not: a sporting event. Those are inviolate rights. If you call a "time out" and acknowledge that you have failed to have done in the past that which you seek to accomplish now by suspending people's rights to the use of their property but punish yourselves, not taxpaying owners of property, you do not act fairly when you call "time out". You are taking away the ability to use land. Do you give a tax abatement on this basis? I do not criticize the concerns of the Board. I applaud efforts to solve the problems of affordable housing to the young and to provide for the senior citizens. Those efforts, however, have occurred without the suspension of property rights. But in this instance you seek to place the use of land in a void. No one can tell, no one can predict what can be done with those properties that are currently in the "B", "B-l", "C" and "C-1" zones, nor where new commercial and business enterprises will be located; how much the cost of the land will be in those new areas; whether substantial public or private improvements will be necessary in order to utilize those properties and how many employment opportunities will be irretrievably lost during this void. Your Master Plan will locate "C" and "C-1" zones in areas that are predominately in use already. There can be and will be no expansion of job opportunities by such calculated and premeditated tunnel vision. Although this tactic appears to give the appearance of fairness, that appearance is a sham. You strive to erect a backbone of your tax base on secondary residences, but I ask you, will this make homes more affordable for your native sons and daughters? Will this moratorium serve to create new local employment opportunities for these native sons and daughters? Or are you willing to send them elsewhere for housing and elsewhere to work? Is it your desire to relegate the year-round residents to be the caretakers for vacation home owners? And how many of those people will participate in the backbone of the community and constitute the neighborhood that those 'who have grown up here know and love so dearly? Where, members of the Board, will the next generation of volunteer firefighters come from? It is no easy task te please anyone, however, leadership means doing what is best for all. Moderation is a virtue of that leadership role, but suspending the rules means suspending the lives and livlihoods of a number of people. It is fundamentally unfair. If government in the name of governing is unfair, then what has government become? It is certainly lesser democracy and it is certainly more totalitarian. What you are proposing to do is suspend the right to use land under the existing law in anticipation of implementing a new law. This presupposes that you have, in fact, determined to change the existing law and have gone through legal formalities while you call "time out". Your town planner in his letter to the Planning Board of July 29th states this, "Moratoria is best utilized when a public health threat is involved and adoption is swift to insure the validity and achievement of the desired result." Where was the moratoria when the groundwater was polluted by Temik? Was there a moratoria on agriculture? Was there a rezoning of agricultural land? Of course not. Why, then, in the absence of so clear a threat, and without any acknowledgment of technological advances that can minimize and in -Page 3 - Local Law - Mo. atorium some cases eliminate pollution, are you so eager to suspend the law? Let me point out that environment includes social and economic environment. Any changes affecting those items of the environment are subject to close judicial scrutiny and review. As you are well aware, changes of the Town's land use plans are subject to the State Environmental Quality Review Act. There is no moratorium provision in SEQR. It is not the finger of a courageous hand that pulls the trigger in haste only to find the innocent victimized. You, members of the Board, have your finger on the trigger of government. I urge you to exercise forbearance and not haste. Thank you. SUPERVISOR MURPHY: Thank you. Is there anyone else would like to speak in opposition to this proposed moratorium? (No response.) Anyone else here? (No response.) Anyone like to make any comments? Any members of the Town Board? COUNCILMAN SCHONDEBARE: Yes. Counselor, have you looked to see if your client's property is going to be adversely affected under the proposed Master Plan? MR. KAMMERER: Yes. COUNCILMAN SCHODEI~ARE: Is it the proposed Master Plan category for your client's property different than what it is presently zoned now? MR. KAMMERER: It will be. COUNCILMAN SCHONDEBARE: So whether you get the moratorium or you get the Master Plan, either way you're not going to be happy? MR. JAMIE MILLS: That's not the point. MR. KAMMERER: I'm not sure that happiness is a criteria under which review of this Master Plan and implementation of the moratorium is a concern of the Board. There will be an affect if in fact that Master Plan is adopted and implemented through the changes in land use. However, what you're doing is suspending the rights on the basis of a law that is not in effect so that you may implement a law in the absence of any clear and immediate danger to anyone. There have been in the past imminent danger and the Board has failed to act in such a manner. To do so now we believe shows a lack of compassion for those people who will be immediately affected by the suspension of a use of ti~eir property, while the Board is making up its mind. And as I've indicated, when you declare a moratoria based upon a proposed law that is not in effect, you have in fact by that moratoria put the new law in effect. The very relief mechanism that you have says, if you're going to comply with the law that's not in effect yet, we will give you a waiver. Well, haven't you in fact under- scored the fact that you have already chosen in your minds to implement those. I think you have given a certain aura of having made up your minds by the very action and the relief provisions that you are now indicating will exist in that moratoria. COUNCILMAN SCHONDEBARE: Have you written to us to state to us that the proposed change, the Master Plan proposal, is contrary to what you'd like to see? Have 'you sent us and put us on notice as to your client's wishes? MR. KAMMERER: I am putting you on notice as of tonight. COUNCILMAN SCHONDEBARE: What parcel are you talking about? --Page, 4 - Local Law - Mu, atorium MR. KAMMERER: I will be happy t~ forward any information that the Board would like me to forward on the basis of this presentation. COUNCILMAN SCHONDEBARE: Why don't you send us a letter stating what parcel it is you're referring to. We're in the process now of changing the zoning maps, so other people have advised us of their position. I don't remember hearing anything from you or Mr. Smith's office, so could you send us a letter so that we know? MR. KAMMERER: Okay. Let me put it in this context. To the extent that you have existing facilities that may become non-conforming pre-existing uses you have in effect on certain already established commercial enterprises to the extent that there is land that is currently available and within the current zoning ordinances that would allow a person to either expand his existing production or to relocate it. One cannot now, under the moratorium and under this proposal, make a determination as to whether or not that land must be located now under the zoning classifications under the new Master Plan. When you do that you have created a hiatus because no one can make an intelligent decision as to whether or not that land is going to be available and whether or not it's going to be for sale. COUNCILMAN SCHONDEBARE: I don't quite follow you. Everybody else can take a look at the Master Plan and see what the proposal is for that parcel. MR. MILLS: Is this a public hearing about the Master Plan or about a moratorium on existing commercial and business zoned properties? COUNCILMAN SCHONDEBARE: You're correct. MR. MILLS: No oneJs discussing the Master Plan. COUNCILMAN SCHONDEB^RE: You're correct. I withdraw my questions. You need not send us any letter if you don't like to with regards to your client's property. SUPERVISOR MURPHY: Is there anyone else would like to make any comments? (No response.) Any members of the Town Board like to make any comments? (No response.) If not, I would like to close this public hearing. Thank you for attending. Ju~lit~ T. Terry Southold Town Clerk Legal Notices LEGAL NOTICE NOTICE OF ADOPTION LOCAL LAW NO. 14 - 1985 NOTICE IS HEREBY GIVEN that the Seuthold Town Board at a regular meeting held on Sep- tember 24, 1985 adopted Local Law No. 14 - 1985 entitled, "A Local Law to provide for a Moratorium in certain zoning use Districts", which reads as fol- lows, to wit: Chapter 100 (Zoning) of the Code of the Town of Seuthold is hereby amended by adding thereto a new Article, to be Arti- cle XVI, to read as follows: ARTICLE XVI MORATORIUM Section 100. 160 Findings and Purpose (13 In November of 1982, the Town Board authorized the Southold Tova~ Planning Board to retain the services of Raymond, Pardsh, Pine & Weiner, planning consul- tants for the purpose of con- ducting such studies and making such recommenda- tions as such consultants deemed appropriate to up- date the existing comprehen- sive plan of the Town, incind- lng the Town's present zon- lng code and zoning map. (2.) In May of 1985, said consul- tants presented to the Plan- ning Board and the Town Board a report of their study, together with recommended planning maps, a zoning map, and a draft of recom- mended revisions to the Town's present zoning code. (3.) That since the presentation of the consultants' report and recommendations, the Town Board, the Planning Board, and the Board of Appeals have individually and collec- tively been reviewing such report and recommenda- tions. (4.) That upon the completion of such review, the Town Board will conduct informal public meetings in the various ham- lets of the town to afford the public an opportunity to press ira views and make re- commendations with respect to such report and recom- mendattons. (5.) That at the conclusion of such hamlet meetings, the Town Board will further re- view the proposed amend- mente to the Town's zoning code and zoning map, giving consideration to all com- mente and recommendations presented at such meetings, and will then propose a Local Law to implement the said mastor plan study, incor- porating such revisions therein as it deems approp- riate. The Town Board will then refer the same to the Town Planning Board and the Suffolk County Planning Commission for their review and recommendations, as re- ' qnired by law, and thereafter hold a public bearing thereon, as required by law, on the question of the enact- ment of such Local Law to implement, in whole or in part, the recommendations proposed by the Master Plan Study conducted by said con- SUltants. (6.) That the Town Board finds that many of the zoning code and zoning map amendments recommended by the plan- ning consultant are inconsis- tent with the present zoning map and zoning code with re- spoct to uses in the B Light Business Districts; the B-1 General Business Districts; the C Light Industrial Dis- tricLs; mid the C-1 General Industrial Districts, in that many of the presently per- mitted uses ~ill not be per- mittod if th~ reconunenda- tions of the planning consul- tanto are to be implemented. (7.) That the Town Board thrther finds that to permit the is- suance of-building permits; to permit the change of any present use; to approve any site plan; or to otherwise au- thorize or approve any new construction or new uses in any of the use Districts set- forth in section 100-160(6) he.of, except as otherwise provided in section 100-163 hereof, until such time as the Town Board has had a reasonable poried of time to e~act appropriate legislation to implement, in whole or in part, the recommendations of the said planning consul- tanto, would result in a race of diligsnce of land owners to apply for and obtain permits and/or other approvals for the construction of buildings and other improvements or the approval of uses in such Districts which may be at variance with the use regula- Board, upon consideration of all relevant facts and cir- cumstances, determines that the waiver requested will not au- thorize or permit the use of land or premises for any use that is inconsistent with or in conflict with the provisions of the prop- osed legislation to implement the Master Plan up-date, it may grant a waiver of the provisions of this Article as it may apply to such land. In making such deter- mination the Town Board may impose such reasonable condi- tions as it deems necessary or ap- propriate to observe the spirit and intent of this Article. Section 100-164 Duration The provisions of this Article shall be in full force and effect for a period of six (6) months after its effective date. Section 100-165 Prior Approv- als Nothing contained in this Arti- cle shall be deemed to abrogate or annul any prior approval granted and in effect on the effec- tive date of this Article. Seetion 100:165 Effective Date This Loc~al Law shall take el- tions recommended in the · fect upon its filing with the Sec- master Plan study. That to . ~ retary of State. permit the issuance of such DATED: September 24, 1985. permits and/or appro~;als, or ~ ~ JUDITH T. TERRY the approval of site plans in SOUTHOLD TOWN CLERK such use Distr/cts during the 1TO3-5028 time required by the Town Board to enact appropriate legislation to implement such recommendations would frustrate and defeat the il~/;~nt and purpose of the up~dal~ and revision of the Town's comprehensive plan - for the orderly development of the town and seriously im- pair the effectiveness thereof. (8.) It is therefor the intent and purpose of this Article to im- pose a moratorium on the is* suance of building permits; the approval of site plans; or the authorization and/or ap- proval of any new construc- tion and/or new uses on any land lceated in those areas specified in section 100-162 hereof. Sect/on 100-181 Moratorimm Imposed Notwithstanding the provi- sions of this chapter, or any other law, rule or regulation, during the period that this Article shall be in effect, no officer or em- ployee of the Town of Seuthold shall accept an appl/cation for, or take any action on any appli- cation for a building permit, or accept an application for, or take any action on any application for site plan approval, or otherwise authorize and/or approve of new construction and/or any change in use of any land or premises located in those areas specified in section 100-162 hereof, unless the same is authorized by the Town Board, pursuant to the previsions of Section 100-163 of this Article. ~eet/on 100-1~2 Al~as fecind The provisions of this Article shall apply to all land and prem~ ises located within the beund- ari~ of the following zoning use Distr/cte, as the same are shown and designated on the present zoning map of the Town of South- old, to wit: (a) Ligl~t Bu~ness Dmtricts (h) B;! C~neral Business Dis- tric~ (c) C Light Industrial Districts (d) C-1 Generalindustrial Dis- tricte Section 100-1~ WuiYei- of Pl.o- vision~ of thii Article Notwithstonding any of the provisions of this Article, the Town Board is authorized to waivei in whole orin par~, any of the provisions of this Article, as it applies to a particular lot~ piece or parcel of land affected by this Article, upon a written ap- plication of the owner filed with the town clerk. If the Town STATE OFNEW YORK ) I SS: COUNTY OFSUFFOLK ) Har¥ K. DEqnan . of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for ] weeks successively, commencing on the 0 3 dayof October 1985 // Principal Clerk /// Sworn to before me this '~ ANN M ~hIi~ -~' ~ ~ ~ ~t~, Stateof N~ Yor~ LEGAL NOTICE NOTICE OF PUBLIC HEARING ON LOCAL LAW PUBLIC NOTICE IS HERE- BY GIVEN that there has been presented to the Town Board of the Town of Southold. Suf- folk County, New York, on the 18th day of July, 1985, a Local Law entitled, "A Local Law to provide for a Moratorium in certaining zoning use Dis- triers," which reads as fol- lows, to wit: BE IT ENACTED by the Town Board of the Town of Southold, as follows: Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended by adding thereto u new Article, to be Article XVI, to read as: ARTICLE XVl MORATORIUM Section 100-160 Findinszs & Puroose. (1.) In November of 1982, the Town Board authorized the Southold Town Planning Board to retain the services of 'Raymond, Parrish, Pine & Wether, planning consultants for the purpose of eonductiag such studies and making such recommendations as such con- sultants deemed appropriate to up-date the existing com- prehensive plan of the Town, including the Town's present zoning code and zoning map. (2.) In May of 198S, said consultants presented to the Planning Board and the Town Board a report of their study, together with recommended planning maps, a zoning map, and a draft of recommended revisions to theTown's present zoning code. (3.) That since the presenta- tion of the consultants' report and recommendations, the Town Board, the Planning Board, and the Board of Ap- peals have individually and collectively been reviewing such report and recommenda- tions (4.) That upon the comple- tion of such review, the Town Board will conduct informal public meetings in the various hamlets of the town to afford the public an opportunity to express its views and make recommendations with respect to such report and recommen- dations. (5.) That at the conclusion of such hamlet meetings, the Town Board will further re- view the proposed amend- ments to the Town's zoning code and zoning map, giving consideration to all comments and recommendations pre- sented at such meetings, and will then propose a Local Law to implement the said master plan study, incorporating such revisions therein as it deems appropriate. The Town Board will then refer the same to the Town Planning Board and the Suffolk County Planning Com- mission for their review and recommendations, as required by law, and thereafter hold a public hearing thereon, as re- quired by law, on the question of the enactment of such Local Law to implement, in whole or in part, the recommendations proposed by the Master Plan Studyconducted by said con- sultants. (6.) That the Town Board finds that many of the zoning code and zoning map amend- ments recommended by the planning consultant are incon- . sistent with the present zoning map and zoning code with respect to uses in the B Light Business Districts; the B-1 General Business Districts; the C Light Industrial Dis- tricts; and the C-1 General Industrial Districts, in that many of the presently permit- ted uses will not be permitted if the recommendations of the planning consultants are to be implemented. COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for .................... ./. ..... weeks successively, commencing on the ........... .c~:). ........ d ay · ·.., 9.. Sworn to before me this ......... ~..~.. ..... day of ...... ........ (7.) That the Town Board ........... furthec finds thet to permit the ~lotary Public issuance of building Rermits; to permit the change of any present use; to approve any site plan; or to otherwise auth- orize ar approve any new con- stroctinn or new uses in any of the use Districts set-forth in section 100-160 (6) hereof, ix- cept as otherwise provided in section 100-163 hereof, until such time as the Town Board has had a reasonable period of time to enact appropriate leg- islation to implement, in whole or in part, the reeommenda- tions of the said planning con- sultants, would result in a race of diligence of land owners to apply for and obtain permits and/or other approvals for the construction of buildings and other improvements or the approval of uses in such Dis. triers which may be at variance with the use regulations re. commended in the master pl~ study. That to permit the issu- ance of such permits and/or approvals, or the approval of site plans in such use Dis- triers during the time required feat the intent and purpose of the up-dnte und revision of the Town's comprehensive plan for the orderly development of the town and seriously impair the effectiveness thereof. (8.) It is therefor the intent and purpose of this Article to impose a moratorium on the issuance of building permits; the approval of site plans; or the authorization and/or ap- proval of any new construction and/or new uses on any land located in those areas speci- fied in section 100-162 her~mf. .Section 100-161 Moratorium Imposed. . BARBARA FORBES ~ Public, State of New York No. 4806846 {~ualified in Suffolk County mission Expires March ~o, 19oc:~ Notwithstnnding the provi-. sions of this chapter, or an,/. other law, rule of reg~alati~ during the period that this Article shall be in effect, no officer or employee of the Town of Southold shall accept an application for, or take any action on any applicatio~ for a building permit, or uccept an application for, or take any action on any application for site plan approval, or other- wise authorize and/or approve of-new construction and/or any change in,lt~ of any land or premises~iooated in those areas specified in section 100- 162 hereof, unleSs the same is authorized by theTown Beard. pursuant to the previsions of Section 100-163 of this Article. S~ction 100-162 Arens Al- fected. The provivions of this Ar- ticle shall apply to all [and and premises located within the boundaries of the following zoning use Districts, as the same are shown and designat- ed on the present zoning map of the Town of Seuthold, to . wit: (a) B Light Business Dis- tHcts Co) B-I General Business Districts. (c) C Light Industrial Dis- tricts. (d) C-I General Industrial Districts. Section 100-163 Waiver of Provisions of this Article. Notwithstanding any of the provisions of this Article, the Town R~rd is authorized to waive, in. whole orin part, any of the previsions of this Ar- ticle, as it applies to a particu- lar lot, piece or parcel of land the TOWn Board, upon consid- erariohof all relevant facts and circumstances, determines that the waiver requested will not authorize or permit the use ofinnd or premises for any use that is inconsistent with or in conflict with the provisions of the proposed legi~atinn to im- plement the Master P~an up- date, it may grant a waiver of the provisions of this Article as it may apply to such land. In making such determination the Town Board may impose such r~asonable conditions as it deems necessary or appropr- iate to observe the spirit and The provisions of this Ar- ticle shall be in full force and effect for a period of six (6) months after its effective date. Section 100.165 Prior Ap- prevais. Nothing contained in this Article shall be deemed to abrogate or annul any prior approval granted a~d in effect on the effective date of this Article. ~'tion 100-1f~ Effective This Local Law shall take effect upon its filing with the Secretat~ of State. Copies of this Local Law are available in the Office.~f the Town Clerk to any Interested persons during business hours. NOTICE IF FURTHER GIV- EN that the Town Board of the Town of 'southold will hold s public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, South- old, New York, on the 27th day of August, 1985, at 7:30 o'clock P.M., at which time ail interested persons will be heard. DATED: August 13, 1985. JUDH:hLT. TERRY SOUTHOLD.~rOWN CLERK 1T-8/22/85(6) ARTICL2 XVI MORATORIUM Section 100-160 Findings and purpose (13 In November of 1982, the Town Board authorized the Southold Town Planning Board to retain the services of Raymond, parrish, Pine & Weiner, planning consul- tants for the purpose of con- ducting such studies and making such recommends- tions as such consultants deemed appropriate to date the existing comprehen- sive plan of the Town, includ- lng the Town's present zon- ing code and zoning map. (2.) In May of 1985, said consul- tants presented to the Plan- ning Board and the Town Board a report of their study, together with recommended planning maps, a zoning map, and a draft of recom- mended revisions to the Town's present zoning code. (3.) That since the presentation of the consultants' report and recommendations, the Town Board, the Planning Board, and the Board of Appeals have individually and collec- tively been reviewing such report and recommenda- tions. (4.) That upon the completion of such review, the Town Board will conduct informal public meetings in the various ham- lets of the town to afford the public an opportunity to ex- press its views and make re- commendations with respect ts such report and recom- mendations. (5.) That at the conclusion of such hamlet meetings, the Town Board will further re- view the proposed amend- ments to the Town's zoning code and zoning map, giving consideration to all com- ments and recommendations presented at such mdetings, and will then propose a Local Law to implement the said master plan study, incor- porating such revisions therein as it deems approp- riate. The Town Board will then refer the same to the Town Planning Board and quired by law, and thereafter hold a public hearing thereon, as required hy law, part, the recommendations proposed by the Master Plan Study conducted by said con- (6.tThat the Town Boe'd finds that many of the zoning code recommended by the plan- map and zoning code with re- spect to uses in the B Light Business Districts; the B-I General Business Districts; the C Light Industrial Dis- tricts; and the C-1 General Industrial Districts, in that many of the presently per- mitted uses will not be per- mitted if the recommenda- tions of the planning consul- tants are to be implemented. (7.) That the Town Board further finds that to permit the is- suance of building permits; to permit the change of any any of the use Districts set- - forth in section 100-160(6) hereof, except as otherwise provided in section 100-163 hereof, until such time as the Town Board has had a reasonable period of time to enact appropriate legislation to implement, in whole or in part, the recommendations of the said planning consul- tants, would result in a race of diligence of land owners to apply for and obtain permits and/or other approvals for the construction of buildings the approval of uses in such Districts which may be at tions recommended in the master plan study. That to permit the i~uance of such permits and/or approvals, or the approval of site plans in such use Districts during the time required by the Town Board to enact appropriate legislation to implement would frustrate and defeat' up-date and revision of the TownYs comprehensive plan for the orderly development of the town and seriously im- pair the effectiveness thereof: (8.) It is therefore the intent and purpose of this Article to im- pose a moratorium on the is- suance of building permits; the approval of site plans; or the authorization and/or ap- land located in those areas specified in section 100-162 hereof. Section 100-161 Morator- ium Imposed Notwithstanding the provi- sions of this chapter, or any other law, rule or regulation, during the period that this Article shah be in effect, no officer or em- ployee of the Town of Southold shall accept an application for, or take any action on any appli- cation for a building permit, or accept an application for, or take any action on any application for site plan approval, or otherwise authorize and/or approve of new construction and/or any change in use of any land or premises located in those areas specified in Section 100-162 hereof, unless the same is authorized by the Town Board, pursuant to the pro- visions of Section 100-163 of this Article. Section 100-162 Areas Af- fected The provisions of this Article shall apply to all land and prem- ises located within the bound- aries of the following zoning use Districts, as the same are shown and designated on the present zoning map of the Town of South- old, to wit: (a) B Light Business Districts (b) B-1 General Business Dis- tricts (c) C Light Industrial Districts (d) C-1 General Industrial Dis- tricts Section 100-163 Waiver of Pro- visions of this Article Notwithstanding any of the provisions of this Article, the Town Board is authorized to waive, in whole or in part, any of the provisions of this Article, as it applies to a particular lot, piece or parcel of land affected by this Article, upon a written ap- plication of the owner filed with the town clerk. If the Town Board, upon consideration of all relevant facts and cir- cumstances, determines that the waiver requested will not au- thorize or permit the use of land or premises for any uae that is inconsistent with or in conflict with the provisions of the prop- osed legislation to implement the Master Plan up-date, it may grant a waiver of the provisions of this Article as it may apply to such land. In making such deter- ruination the Town Board may impose such reasonable condi- tions as it deems necessary or ap- propriate to observe the spirit and intent of this Article. Section 100-164 Duration The provisions of this Article shall be in full force and effect for a period of six (6) months after its effective date. Section 100-165 prior Approv- als Nothing contained in this Arti- cie shall be deemed to abrogate or annul any prior approval granted and in effect on the effec- tire date of this Article. ~ection 100-165 Effective Date This Local Law shall take ef- fect upon its filing with the Se~- mtm~ of Stats. Copies of this Local Law are Town Clerk to any interested persons during business hours. NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hail, Main Road, Southold, New York, on the 27th day of August, 1985, at 7:30 o'clock P.M., at which time all interested persons will be heard. DATED; August 13, 1985. JUDITH T. TERRY sOUTHOLD TOWN CLERK 1TA22-4992 STATE OF NEW YORK ) ! SS: COUNTY OF SUFFOLK ) ANNA ::'LEKKAS of Greenport, in said County, being duly sworn, says that ha/she ia Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for ono weeks successively, commencing on the ? ? dayof Auqust 19 85 Principal Clerk Sworn to before me this 22 August ~o 85~NN M ABATE ~ /.~// fI¢]"A'~'T-~BL~C State of New York " unt NO 4748183 /il /~IZ ~Su,,¢~C~ ~ 9~ ~//. ~rm E~p e~ ~r¢, 30, ~ LEGAl, NOTICE H~CE ISH~y O~N3 ~at the ~uthold To~ Bo~ at a regular mee{~g held on Sept~b~.~, 19~ adop~d ~fl ~w No. 14.19~ entitl- ed, "A ~al ~w to pm~de for a Morato~um ~ulng u~ Dis~s," which rea~ as ~ows. to wit: ~er ~ (~g) ~ the C~e ~e T~ ~ ~thuld is ~ m~d~ ther~o a ~ ~i~e. to A~icle ~I[~ ~ foll~s: r S~ 1~-~ and (13 In November ff 1982, the Town ~ard an~ lbe ~uthold Town ~ard to ~ta~ ~e ~ of Ra~ond. P~. ~ne & ~reiner. ~~ts the ~ such stedi~ and ~g ~mmendations ~ su~ sultanm d~med ap~e ro up~e ~e ~g ~m- indu~g the T~ ~maltenm ~nt~ m the planning ~, ~ and a draft ~ ~mme~d re~alo~ to the ~'s ~.- sent ~n~g ~. tion of the ~us~' ~s ~d ~mmenda~us, the Town ~d, ~ ~, ~d ~e ~ of Ap. ~ have .~de~ly and ~ll~ively b~n reyl~g such ~ a~ ~mm~da- (4.) ~ ~ ~ ~~, ~T~n ~ard ~ ~ public m~t~gs ~ ~ v~ous h~ ~ the ~ ~d the pu~ic ~ ~ty to e~s it vi~s. ahd make ~mmendati~s ~ to s~ch ~ ~d r~men- datMus. (5;) ~at at ~e ~cinalon of such haml~ m~t~gs, the To~ ~d ~1 ~r ~ew ~e p~ ~end- men~ to ~m~'s ~ning ~nstflerut~n'to ~ ~mments a~ ~m~ns ~e- seated at such m~ngs, and will t~n pro.se a ~al ~w to implement ~e ~id ~ster plan study, inco~rating such ~visions therein ~ it deems appropriate. ~e Town Board ~11 then refer the same.to the T~n ~anning ~ard and the Suffolk County ~anning Com- mission for their review and re~mmendations, as required by law. end therea~er hold a public hea~ng ther~n, as re- quired by law, on the question of the enactment of such ~cal ~w to implement, ~ whole or m pan, the recommendations proposed by the Master ~an Study ~ndu~ed by said ~n- snitents. (6.) ~at the Town Board finds that many of the zoning ~de and zoning map amend- ~ts recommended by the pl~ning ~nsnit~t are i~n- sistent with the present ~ning map and zon~g ~e with spect to uses in the B Light Business Distills; the B-1- ~neral Business Distills; the C Light ~dust~ Dis- tfi~s; and ~e C-1 General ~dUStfial Distfias, in that m~y of the p~ntly permR- ted uses ~11 not be permitted if the re~mmendotions of the planning ~nsult~ts are to be implemented. COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for .................... /.. ...... weeks successively commencing on the ...................... dayof.. ...... Sworn to before me this .......... 4 ........ day of (7.) Thai 't~ Town Board further finds that to permit the issuance of building permits; to permit the change of any present use; to approve any site plan; or to otherwise auth- orize or approve any new con- struction or new uses in affy of the use Districts set-forth in section 100-160 (6) hereof, ex- cept as otherwise provided in section 100-163 hereof, until such time as the Town Board has had a reasonable period of time to enact appropriate leg- ialation to implement, in whole ot in part, the recommenda- tions of the said planning con- saltents, would result in a race of diligunce of land owners to apply fur and obtain permits end/or other approvals for the construction of buildings and other improvements or the approval of uses in such Dis- tricts which may be in variance with the use regulations re- commended in the master plan study. That to permit the issuance of such permits and/ or approvals, or the approval og. site plans in such use I~s%ricts. daring~ the~..time re- qulced by the Town ~mrd to enact appropriate legislation to implement such recommen. dations would frustrate and defeat the intent and purpose of the up-date and revision of the Town's comprehensive plan for the orderly develop- ment of the town and serious- ly impair the effectiveness thereof. (8.) It is therefor the intent and purpose of thi~ Article to impose a moratorium on the issuance of building permits; the approval of site plans; or the authorization and/or ap- proval of any new construction and/or new uses on any land located in those areas speci- fied in section 100-162 hereof. Section 100-161 Moratorium Imposed. Notwithstanding the provi- sions of this chapter, or any other law, rule or regulation. during the period that this Article shall be in effect, no officer or employee of the Town of Southold shall accept an application for. or take any action on any application for a building permit, or accept an application for, or take any action on any application for site plan approval, or other- wise authorize and/or appt~ove of new construction and/or any change in use of any land or premises located in those areas specifted in section 100- 162 hereof, unless the same is authorized by the Town Board, pursuant to the provisions of 5e~ion 100-163 of this Article. Section 100 - 162 Areas Affected. Notary Public BARBARA FORBES Notary Public, State of New York No. 48(~o846 Qualified in Suffolk County C~mmiaaion Expires March 30. lS ~ The prowsaous et tn~s Ar- ticle ·hall apply to all l~d end ~emise~ ~ wi~m the ~eS ~ ~e ~Ho~ng ~n~g use ~st~s, as the ~ th~ Tm',d j~S~i~, to (a) B Light Business Dis- tricts. Co) B-1 General Business' Districts. (c) C Light industrial Dis- tricts. (d) C-I General Industrial Districts. Section 100-163 Waiver of Provisions of this Article. Notwithstanding any of the provtsious of this A~icle, the Town Board is authorized to waive, in whole or in p~rt, any of the provisions of this ~.r- ticle, as it applies to a lmrtiou- lar lot, piece or poroel of land affected by this Article, upon a written application of the own- er filed with the town clerk, If the Town Board, upon consid- eration of all relevent facts and ~trcumst enco$, demrmines that the waiver requested will not authorize or permit the use of land or premises for uny use that is inconsistent with or In conflict with the provisions of the proposed legislation to im- plement ,the Master Plan up- date, it may ~runt a waiver of the pr~;-lgions of this Article as it may ~pty to .such lend. In making such determination the Town Board may impose such reasonable con~tlous as it deems necessary or appro- priate to observe the spirit and intent of this Article. Section 100.164 Duration The provisions of this Ar- ticle shall be in full force and effect for a period of six (6) months ~fter its effective date. Section 100-165 Prior Ap- provals Nothing contained in this Article shall be deemed to abrogate or annul any prior approval granted and in effect on the effective date of this Article. Section 100-165 Effective Date This Local Law shall take effect upon its filing with the Secretary of State. DATED: September 24, 1985. JUDITH T. TERRY sOUTHOLD TOWN CLERK IT-10/3/85(2)