HomeMy WebLinkAboutLL-1995 #08 LOCAL LAW NO. 8 , 1995
A Local Law in Relation to Site Plan Approval
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
as follows:
INTENT: The intent of this chan,qe is to allow the Planning Board to decide if a sitn
plan is required for a new use, chanqe of use or expansion of use prior tn
issuance of a buildin,q permit
Section 100-253 (Approval of site plan required) is hereby amended as
follows:
No building permit shall be issued for any structure or building for
which use a site plan is required pursuant to Chapter 100, Zo.q!,qG,
until a determination has been made by the Planning Board as to
whether a site plan or an amendment thereto is required; and if
required, that an approved site development plan or approved
amendment of any such plan has been secured by the applicant
from the Planning Board and presented to the Building Inspector,
along with all necessary approvals and permits as may be required
by other public agencies.
II. This Local Law shall take effect upon filing with the Secretary of State.
* Underline represents additions.
** Strikethrough represents deletions.
NYS DEPARTMENT OF STATE
BUREAU OF STATE RECORDS
162 Washington Avenue
Albany, NY 12231-0001
DATE: 5/23/95
Local Law Acknowledgment
JUDITH T TERRY
TOWN OF SOUTHOLD
TOWN HALL
53095 MAIN ROAD
PO BOX 1179
Southo .
) NO. YEAR
1995
FILING DATE
5/19/95
The above-referenced material was received
and filed by this office as indicated.
_1
Additional local law filing forms will be
forwarded upon request.
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE. ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be ~ven as amended. Do ~ot include matter being eliminated and do not use
italica or underlining to indicate new matter.
CI¢~x ~c Southold
· Town vA
8
Local Law No ..................................... of the year 19- ....
A local law .... J.n._B.e_!_a_t_Lo_n__t_o___S_Lt~_~J_a_n___A_~.p__r_p_¥~J ............................................
Town Board
Be It enacted by the ...................................................................................... of the
~t~ of Southold
Town ......................................................................................... as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended
as follows:
INTENT: The intent of this change is to allow the Planning Board to decide if a site
plan is required for a new use, change of use or expansion of use prior to
issuance of a building pe, mit.
1. Section 100-253 (Approval of site plan required) is hereby amended as
follows:
No building permit shall be issued for any structure or building for
which use a site plan is required pursuant to Chapter 100, until a
deteH, ination has been made by the Planning Board as to whether
a site plan or an amendment thereto is required; and if required, that
an approved site development plan or approved amendment of any
such plan has been secured by the applicant from the Planning
Board and presented to the Building Inspector, along with all
necessary approvals and permits as may be required by other
public agencies.
II. This Local Law shall take effect upon filing with the Secretary of State.
(If additional space is needed, attach page~ the sam,* size as this shezt, and number each.)
uos-~9 IR¢-~. 7~9~) (I)
(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.)
hereby certify that the local law annexed hereto, designated as local law No ...... _8. ............................ of 19-9--5---
of ' Southold . was duly passed by the
the ~Ool~l~J~:~i~Town~(R*51I~) of ................................................................. .
~- ' ............ M 15 95 .....
.... ~9..w..n.__-B.9.a..r..d- ......................... on ...... [a__y_ ....... 19 ...., m accordance with the apphcable provtstons 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 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after
(Itc. m, of.£tgi~lati,.e Body]
disapproval} by the .................................................. and was deemed duly adopted on .................. 19 .... ,
in accordance with the applicable provisions of law.
3. (Final ado ption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law Nt~: ................................... of t9-~; ....
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19 ...., and was (approved)(not approved)(repassed after
{lttt~te of Leglstati~e 8ody)
disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote ora majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on .................. 19---- , 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, d~signated as local law No .................................... of I9 ......
of the (County)(City)(Town)(Village) of ................................................................. was duLy passed by the
................................................... on .................. 19 ...., and was (approved)(not approved)(repassed after
(~Vame of Leglslati~e Body)
disapproval) by the .................................................. on .................. 19 .... Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of .................. 19- ....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 19
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 majodty oftbe
qualified electors of such city voting thereon ~t the (special)(general) election held on ................... 19----,
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 19 ......
of the County of ................................................... 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
Municipal Home Rule Law, and having received the affirmative vote o£ a majority of the qualified electors of the ci)-
ies 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 certfficatlon.)
($eaO
I further certify that I have compared the preceding local law with the original on file in th/s office and that the same
is a correct transcript therefrom and of the whole of such ori~nal local law, and was finally adopted in the manner in-
dicated in paragraph ..... 1. ...... , above.
Cl~k of thaff(~ou~ty legislative body, City, Town or Villa~Clerle
or offiettr de$igllat~d by local legislative body
Judith T. Terry, Town Clerk
Date: May 16, 1995
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF ~ YORK
coom'~ or SUFFOLK
I, the undersigned, hereby certify that the foregoing lod~'~l law contains the correct text and that all proper proceedings
have been had or taken for the enactment oftbe local la~ annexed hereto.
Si~amm
Laury L.Dowd, Town Attorney
Title
~ of Southold
Town
Date: May 16, 1995
(3)
IN
PUBLIC HEARING
RECONVENED FROM MAY 2, 1995
SOUTHOLD TOWN BOARD
MAY 15, 1995
5:10 P.M
THE MATTER OF THE PROPOSED "LOCAL LAW IN RELATION TO SITE
PLAN APPROVAL"
Present:
Supervisor Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Councilwoman Ruth D. Oliva
Councilman Joseph L. Townsend, Jr.
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR WICKHAM: Weql go on to the third public hearing of the
afternoon. This is a public hearing that we began thirteen days ago on the
question of the authority within the Town Government as to what
organization, or what agency, what department within the building has the
authority to waive site plan approvals in the event that a waiver is called
for. It's gone between the Building Department, and the Planning Board, for
some period of time, and we had a hearing on this thirteen days ago. At
that time, the Mattltuck Chamber of Commerce requested that the hearing be
held open in order to allow additional comment, people to represent
different points of view to this Board, people who were not able to be with
us thirteen days ago. So, we're reopening this, and I will just read very
briefly from the notice of the public hearing that was read at that time. Be
it enacted, this is a proposal.
'Be it enacted by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
INTENT: The intent of this change is to allow the Planning Board to
decide if a site plan is required for a new use, change of use
or expansion of use prior to issuance of a building permit.
1. Section 100-253 (Approval of site plan required) is hereby
amended as follows:
A. No building permit shall be issued for any structure or
building for which use a site plan is required pursuant
to Chapter 110, Ze~,~g, until a determination has been
made by the Planning Board as to whether a site plan or an
amendment thereto is required; and if required, that an
approval site development plan or approved amendment of
Pg.2 - PH LL
any such plan has been secured by the applicant from the
Planning Board and presented to the Building Inspector,
along with all necessary approvals and permits as may be
required by other public agencies.
II. This Local law shall take effect upon filing with the Secretary of
State.
* Underline represents additions.
** Strikethrough represents deletions."
I would just like to remind the audience, as we did thirteen days ago, that
this does not change the current system, that has been in place for some
years in the Town of Southold, and that is that site plan reviews are
conducted by the Planning Board. That has been the case, and that will
continue to be the case. The question is, in some cases, where there is a
very minor addition to a building it may not be necessary to do site plan at
all. Who makes that decision? Is it the Planning Board who makes the
decision, that it is not required, it could be waived, or is it the Building
Inspector in the Building Department, who makes that decision to waiver? If
it's not waived, if site plan has to be carried out, it will go to the
Planning Board in any event, so this proposal that's in front of us, and
that has been reopened for hearing a second time, would shift the locus of
the decision on waiver from the Building Inspector to the Planning Board. Is
there anyone in the audience, who would like to address the Board on this
proposed Local Law? (No response.) Hearing none, I declare this hearing
closed.
$outhold Town Clerk
PUBLIC HEARING
SOUTHOLD TOWN BOARD
MAY 2, 1995
9:20 P.M.
IN THE MATTER OF THE PROPOSED "LOCAL LAW IN RELATION TO SITE
PLAN APPROVAL.
Present:
Supervisor Thomas H. Wlckham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Councilwoman Ruth D. Oliva
Councilman Joseph L. Townsend, Jr.
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR WlCKHAM: Joe, can you read the next notice?
COUNCILMAN LIZEWSKI: "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 ~th day of April, 1995, a Local Law entitled,
"A Local Law in Relation to Site Plan Approval". Notice is further
given that the Town Board of the Town of Southold will hold a public
hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main
Road, Southold, New York, on the 2nd day of May, 1995, at 8:10
P.M., at which time all interested persons will be heard. This proposed
"Local Law in Relation to Site plan Approval" reads as follows:
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
INTENT: The intent of this change is to allow the Planning Board
to decide if a site plan is required for a new use, change of
use or expansion of use prior to issuance of a building
permit.
1. Section 100-253 (Approval of site plan required) is hereby
amended as follows:
A. No building permit shall be issued for any structure or
building for which use a site plan is required pursuant
to Chapter 100, Zuni~, until a determination has been
made by the Planning Board as to whether a site plan or
an amendment thereto is required; and if required, that
any approved site development plan or approved amendment
pg 2 - PH
of any such plan has been secured by the applicant from
the Planning Board and presented to the Building
Inspector, along with all necessary approvals and permits
as may be required by other public agencies.
II. This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions.
** Strikethrough represents deletions.
Copies of this Local Law are available in the Office of the Town Clerk to
any interested persons during business hours. Dated: April ~, 1995.
Judith T. Terry, Southold Town Clerk. ~' I believe I have proof of
publication in The Suffolk Times, and on our Bulletin Board, and I have
some letters to be read. I'll read the first on. Dear Supervisor Wickham,
members of the Town Board. On behalf of and upon the request of the
Mattituck Chamber of Commerce, I am writing to strenuously request that
the above-referenced public hearing be held open for a period of 60 days
to permit review, consideration and comment upon the proposed local law
by the membership of the Chamber. At our most recent meeting, the
Chamber membership did not want to vote either in favor of, or against
the proposed amendment without having the additional time to consider the
merits of same. It is respectfully urged that the additional time
requested be granted by the Board. Thank you for your consideration.
Very truly yours, PatrJcia C. Moore, Co-President. The Planning Board
Office, Site Plan Determination. The Planning Board supports the wording
in the latest draft legislation prepared by the Town Attorney which grants
to the Planning Board the authority to determine whether site plan review
is required prior to the issuance of requested building permits. This is
from the County Planning Board. Pursuant to the requirements of Section
AlU,-l~ 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. That's all I have.
SUPERVISOR WICKHAM: You've heard the notice of public hearing
regarding the proposal to place responsibility for site plan determination
to the Planning Board. Anybody in the audience would like to address the
Board on this question?
KEN LUDECKER: Ken Ludecker speaking for the North Fork
Environmental Council. We would like to urge that you pass the proposal
to place the authority for site plan review in the instance of changes or
use, or expansion back in the Planning Board, where it used to be. When
the authority was taken from the Planning Board a couple of years ago by
the previous administration, it was done in a spirit of reprisal for
supposed unnecessary burdens, which the Planning Board was presumed to
have placed on businesses. It was not accomplished in the spirit of
attempting and promoting greater efficiency and working together of
various agencies or boards. The Planning Board having the responsibility
for years for site plans at the beginning of a project has the expertise
and experience to continue to review such plans if necessary, and make
recommendations. It seems obvious to us that it is now time to right a
wrong, and ask the Planning Board to carry out all the functions relating
pg 3 - PH
to site plan. It is now time to right a wrong, and ask the Planning Board
to carry out all the functions relating to Site Plan.
SUPERVISOR WICKHAM: Yes. sir? Mr. Bagshaw?
HARVEY BACSHAW: I'm opposed to this plan, because a few years ago I
was involved in this same exact thing, that you're talking about. I had an
empty building, and a gentleman wanted to rent it for the purpose of a
restaurant. Of course, he had to go to the Building Department. The
Building Department sent him to the Planning Board. The Planning Board
told him, no restaurant. It's zoned for restaurant, but your Planning
Board didn't want a restaurant. So, needless to say, he took that at case
value and went elsewhere. Right after this I was presented with a site
plan, a plot plan of my premises by the Planning Board, and I was told
that before any tenants moved in this plan would have to be followed.
Now, the problem with this plan is, that it would cost about $50,000 to
follow it. I still don't have the $50,000. to do it. The second part of
this plan, that was problem for me, is that I was expected to donate the
use of my property to my surrounding neighbors to the east and west for
access in parking, of course, at my expense. The third part of this plan
that was a problem for me, was I would have to remove one of my
buildings to follow this plan. Now, in a couple of short, small
discussions with a couple of members of the Planning Board, they were
totally oblivious to my problems with their plan. Now, I had two other
tenants, prospective tenants, come to me, and of course, I had to go to
the Planning Board, and these prospective tenants were shown this plan,
and were told this plan had to be filed before they can rent these
buildings. So, the end result, the buildings were empty for a year and a
half, because I didn't have $50,000 to spend on it. Now, I finally got a
tenant to move in without going to the Planning Board, and Iow and
behold, the Building Department shows up, and says, I need a building
permit. Upon questioning why do I need a building permit, he told me,
well, we don't really need a building permit, but he was requiring one,
because he was getting extreme pressure from the Planning Board. He's
exact words were, Valerie and plan. Well, I can't get a building permit,
because I don't have the money to go through the Planning Board, so the
next step is, I have a criminal summons against me, for not having a
building permit, not that it's needed, but it's required, because of
extreme pressure from your Planning Board. This North Fork
Environmental Council was why it was changed to go back to the Building
Department. I don't understand how we can do this again, and now on top
of this we're going to add an Architectural Review Board. I don't have
much experience in writing to people, but I do know when somebody wants
to rent a building they usually come out in the springtime, February and
March, and they want to rent it immediately. They don't want to see plans
of $50,000 renovations on the outside of a building first before they can
rent, and go through all of this red tape and procedures. A criminal
summons, now, just think about the ramifications of this. We have a few
individuals in government, that will use criminal prosecution as a way to
intimidate a taxpayer, a resident, or a citizen, to follow their wishes,
not rules, and regulations, and laws, or ordinances, but their wishes.
Now, I'm all for having this town beautiful, and whatever. I spent a lot
of money on one of my other buildings fixing it up for my own business
purposes, and also, to make the town nice, but what do we do to eliminate
pg I~ - PH
this heartache that I went through, and next time I have a tenant change,
is my buildings going to be empty for a year and a half, because I don't
have $50,000 to spend on it? The next time I just can't let this happen
again. Thank you.
SUPERVISOR WICKHAM: I~d like to respond very briefly, Harvey, to
your travails and difficulties that you had. I~11 just make two comments.
One of them, if this Board does vote to give the authority to the Planning
Board I can assure you that the Planning Board will not be writing plans,
and requiring people to follow them. That's not the function of the
Planning Board. The second thing that I have forgotten. Well, it will come
to me. In the meantime, would someone like to address the Board? Yes,
Jim?
JIM DINIZIO, JR.' I wasn't going to comment on this, but highly been
involved in it, as a member of the Zoning Board, I take exception to this
man's comment, concerning reprisals, and certainly any influence of a
decision that I may have made. I believe all of you know me there. I don't
think anybody can influence me. The idea that this was in any way a
reprisal, it just abhor to me. The question, that the Zoning Board was
asked, is who in the first instance has the authority to grant a building
permit. That's the question. Now, before that the Building Department was
for unknown reasons to me, other than perhaps inexperience, or lack of a
spine, would not make a decision on that without first passing it by the
people who shouldntt be involved in that first step. Now, what happens is
you end up running the Town by committee with no one taking
responsibility for what's going to go on, and that is a scary, scary
situation. Now, we made a decision, and the decision was that the Building
Inspector, or the Code Enforcement Officer, whoever it may be,has that
authority, and that authority comes from, or those research comes from
Anderson Law on zoning, which if you look it up you will see a graft or
chart in there, that basically outlines to you how a Town government
runs. The first person, that's on the top of that, is the Building
Department. The other people that you see, if you have a question
concerning anything that's involved with the laws of the town. Now, the
Codes of Southold Town are approximately about an inch thick. The Code
concerning site plan review is maybe a quarter of that. The Zoning Board
may be another quarter of that. You can't let that quarter of your law
run the other inch. It just can't work that way. You have to have
construction. You have to have someone taking responsibility. Let the man
say, yes or no. This requires a site plan review, or this doesn't require
a site plan, and he basis it on the Code, and nothing else, not someone's
opinion. If he makes too mistakes, by all means, get rid of him, and get
another person, who can interpret the laws that you the people have
made. That is how it's supposed to work. Let's not try to correct the
past. Let's get on with the future. But, don~t place the authority where
it really doesn't belong, and basically that's how all Town governments
are written, the Anderson's. If you go outside the Zoning Board, I have
Linda put a whole handful of the diagrams there. Please, take one, and
review it. Thank you.
SUPERVISOR WlCKHAM: Thank you, Jim. The comment that I wanted to
make before is, that there has been over the years a tendency for two or
three different departments of Town government to be milling around, to
pg 5 - PH
be making decisions in the same area. We have a Zoning Board, as Jim
mentioned, the Building Department, the Planning Board, and one of the
intents of this change is to place all responsibility for site plan
decision within one Board, so we don~t whipped back and forth between
different people saying different things from different boards. To pull
greater unity, so the Town speak with one voice, and not have the kind
of contradictions, that we've heard about tonight. Who else would like to
address the Board on this issue?
ARTHUR FOSTER: My name is Arthur Foster. I~m from Mattituck,
originally from Greenport. I've been here forty-nine of my fifty-two years
on this earth. I've seen a lot of things come. I've seen a lot of things
go. I can't ever remember when we had polluted creeks, with so much
control, and so little resources. Years ago they used to dredge.
Everything was plentiful. People wanted to build a house, they got a
permit, they built a house. One thing we don't need, and we all know we
have enough people telling us what we should do with our property. I'm
tired of my neighbor telling me to rake my leaves. I just agree that we
need to preserve nature. All these committees that we have now, they're
all welt and good, but I think there's an awful lot of people out there
with nothing better to do, than stick their nose in other people's
business, and it's time that we narrowed it down to certain people making
certain decisions, instead of passing them from here to there. It's llke a
croquet game. You hit it, hit the ball, and it bounces off his ball. I
think we have too many committees. We should isolate decisions in one
area. That's how I feel about it. Thank you.
SUPERVISOR WlCKHAM: Who else would like to address the Board on this
question of jurisdiction over site plan review? (No response.) Yes, Joe?
COUNCILMAN LIZEWSKI: I would like to say that, I think that this site
plan coupled with an Architectural Review Board is going to basically
double our government, and create great problems in the future. The site
plan is more erroneous than the Architectural Review Board, and that
you'll now go to the Planning Board, instead of the Building Department
for this decision, and by doing so I can't imagine the Planning Board not
asking for more site plans. I can't not imagine that part of our
government growing, and it will also mean that you'll go to more
Architectural Review Boards. This was not a power that was taken from
the Building Department. The Building Department had it all along. It was
two years at the Planning Board. That's all it was. It was taken back from
them by a decision by the Zoning Board of Appeals, which is our form of
government, which makes that decision, and it was made legally by our
Zoning Board of Appeals. We asked who should giving the first initial, the
initial, the initial? We're not talking about site plan. We're talking
about who makes the decision, who goes for site plan? It was decided by
the Zoning Board of Appeals through their legal interpretation of the law,
which that's what they're for in our government, that it belonged with the
Building Department. In some towns in belongs with the Town Engineer,
and in most towns it is initiated at another level, and not by the
Planning Board. I think coupled with the Architectural Review Board. I
don~t think we're going to see much movement in this town of many people
wanting to improve their buildings, or go forward, because the cost is
going to be absolutely astronomical. Site plan is not an easy thing to go
pg 6 - PH
through. It now involves the Health Department, which wants you to
upgrade everything that you have. I think that we're looking at some
stagnation for awhile in the name of expediency, I don't see it. I can't
imagine how these things aren't going to grow. I mean I don~t of any of
you out there, who doesn't think that government doesn't beget more
government. You start one committee, you start one thing like this
Architectural Review Board. Five years from now I doubt very much if
any of us who are sitting here will recognize it with the power that it
will have. I think the Planning Board has the power to do Architectural
Review. I think it has the right to do site plan, but I think it's
infringing upon the Building Department's right at this time. The Building
Department always made the decision. It's something that Tom and I have
fought over since the beginning. He wanted it his way. He~s getting it his
way now. He has the Board. It's something I want agree on, because I
don~t believe it's going to work out in the future to the way that it's
being set up. It always starts off very light. We take these things on.
This Architectural Review Board five years from now, who's to say what's
going to happen. We always add things to government. We don't take
anything away. Very rarely does this government ever, ever take
anything away from itself to make llfe easier. It has a tendency to always
add, well, we'll give it this, we'll give it that. We have another place
to put something. We have another Board. So, I~m not in favor with it. I
think coupled with the site plan, which is really going to be something,
because anybody who is in business, this is again only for business
people. All our laws go for only business people. Anybody who is in
business, who wants to upgrade, or change the business, is going to go
before the Planning Board first, and they're going to decide change of
intensity of use. If there's a change of intensity of use, I can tell you
that change of intensity of use doesn't take much sometimes. They have
the right to upgrade you, and on the guise that we're going to make
everything better, well, they can do an awful lot of upgrading under this
without having any problems, because you're not going to get a building
permit until you go through this process. This can be a very lengthy
thing, even though it's saying that ten days can be turned around. That's
the start of it. That's the foot in the door, so I have to tell you I'm
not in support of either of these taws. I don't like the subjectivity of
an Architectural Review Board. I wish, like Mr. Gammon it had a little
bit more object of meat to it. This thing with site plan is going to be
devastating. I consider this the biggest piece of legislation, that I~ve
seen in my four years, the biggest change that this town will be affected
by, even though most of you don~t realize it. I'll put money on this down
the llne, that this will be the biggest change that this town will see as
far as anybody doing anything in the future. Thank you.
SUPERVISOR WlCKHAM: Anybody else on the Board want to comment?
(No response.) We were asked to hold this hearing open for some period
of time by the Mattltuck Chamber, and the request that the Mattituck
Chamber made is unprecedented in my experience on the Board, but in
deference to them, and to give everybody an opportunity to get their
comments on the record, I propose we recess this hearing for a two week
period. In two weeks when the Board meets again, if there are people or
comments they will be added to the record in that period, and I presume
the Board will act on it, and close the hearing at that time. Mr. Ward,
Chairman of our Southold Town Planning Board.
pg 7 - PH
RICHARD WARD: Thank you, Tom, and members of the Board. Just in
· difference to what Mr. Bagshaw presented tonight is the Planning
Board. I take exception to most of what he said. I was a member of the
Planning Board during this process. There was a plan, that was done was
a voluntary plan by a local architect to show what could be done to
coordinate properties. The plan had no power, or authenticity. In terms of
that he would have develop it on his own, if he wanted to. He sought not
to do that, but I won't go into all the rest of the details. In terms of
site plan the authorization, and the decision as to whether a site plan is
needed or not. I deal with most of the towns on Long Island in my own
business. The responsibilities as to whether a site plan is to be done or
not, is the responsibility in all cases, except Riverhead, of the Planning
Board without fail. I just leave you with that. Thank you.
SUPERVISOR WICKHAM: So, this hearing will be recessed for a two week
period. Since we're recessing it, we need to set the time to reopen the
hearing again in two weeks times, and the Town Clerk is proposing, and
it's a good idea, 5:10 P.M. on Monday, the 15th of May.
Judith T. Terry ~'
Southold Town Clerk
ON, LOCAL
PUBLIC NOTICE IS HEREBY
GIVEN that tbe~ has been p~sented
to the Town Board of the Town of
$outhold, Suffolk County, New York,
on the 4th day of April, 1995, a Local
Law entitled. UA Local Law in Rela-
tion to Site ~ Approval".
NOTICE 1S FURTHER GIVEN
that the Town Board of the Town of
Southold will hold a public hearing
on the aforesaid Local Law at the
Sonthold Town Hall, 53095 Main
Road, Southold, New York, on the
2nd day of May, 1995, at S:10 P.M.,
at which time all interested persons
will be heard.
This proposed "Local Law in
Relation lo Site Plan Approval"
reads a~ follows:
BE IT ENACTED, by the Town
Board of tho Town of Southold as fol-
lows:
I. Chapter 100 (Zoning) of the Code
of flu: Town of ~dmld is hereby
I. Section 100.253 (Approval of
site plan reqaired),is hereby
aw, ended ~s follows:
A. Ne building permit shall be
ment plan ut ~pprowd
has I~¢n seeumi~by'~ ap-
plicant from~tl~f 91~ol~ag
' ~~qmOvais
II. ~ ~ La~ ~ mits affect
upon filing with the See~sy of
hours.
Dated: April 4, 1995.
~UDITH T. TERRY
STATE OF NEW YtnqK)
) SS:
COUNTY OF SUFFOLK )
~of Mattituck,
in said County, being duly ~wom, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Mattituck, 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 ~_.L_ weeks
successiyely, commencing on the ~ day of
Notary Public