HomeMy WebLinkAboutLL-1998 #15Local Law Filt . ,g
f YORK STATE DEPARTMENT OF K~.ATE
162 W~HINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining te indicate new matter.
Igl~x of $outhold .....................................
'Town .....................................................
Local Law No ...............!-5- ................... of the year
in Relation to a Temoorar¥ Moratorium on the Issuance of --
A local law .............................................................
.A_l~rovals and/or Permits .for Business Zoned Property Along
the Coun.tx ~Olate48 Corridor in the Town of So'uthold.
Town Board 'the
Be it enacted by the .................................................................................... o[
~:R'~ o f. _ _ .S_o_ ~ _t.h__o. _l .d_ .................................................................... as follows:
Town
Section 1. PURPOSE
The Town Board finds that incxeased growth and development within the-
Town of Southold are placing pressures on the infrastructure of the Town
irmluding such things as water supply, traffic Impacts, and the nc~es~ity to Iooate
businesses in suitable zoning districts located in areas which are best suited for
the placement of such businesses. To Insure that esonomio activity.takes place
in desirable locations thereby maximizing existing character of the Town's
(If additional space Is needed, attach pages the same size as this she.t, and number each.)
(1)
DOS-239 (R~v. 7~9 I)
hamlet centers, an ~. ~-~mination of the existing zoning al~.g Route 48 from
Mattituck to Greenport is necessary and is an important and appropriate subject
for study in detail. This study is past due. This Local Law is intended to
preserve the status quo of the Route 48 corridor to provide the Town Board an
opportunity to review the zoning of properties along the Route 48 corridor, the
likely impacts to the community based upon the existing zoning of properties ~'
along Route 48, and to make amendments as to the level and nature of business
uses that are appropriate along Route 48 such that, these uses complement
existing hamlet economic centers and that businesses uses appropriate outside
hamle{ centers are provided ample location in 'which to be situated.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
Until nine (9) months from the effective date of this Local Law, after which
this Local Law shall lapse and be without further force and effect and subject to
any other Local Law adopted by the Town Board during the nine month period,
no agency, board, board officer or employcc of the Town of 8outhold including,
but no[ r~mited to, the To~n Board, the Zoning Board of Appeals, the Trustees,
the Planning Board~. or the Building I~pec[or(s) Issuing any building permit
pursuant to any provision of the Southold Tewn Code, shall issue, cause to be
issued or allow to be issued any approval, special exception, variance, site plan,
bullcra~g permit, subdivision, or peh~-~[t for any of the following property uses
listed ~ Ihe following sections of the Town Code within the following zoning
districts ~[ch are located in the Route 48 corridor:. 100-61(B) and (C)
governing the Resort Residential Distrk~ ¶00-?'i(B) and (C) governing the
Residential Off'me District; t00-81(AX2), (3) and (B) and (C) governing the
Mm[ted Business District; 100-101(A) through (11) and (B) and (C) governing the
- la-
General BUsiness ~'"'trict; 100-130(A)(3) through 16 a: i:B) and (C) governing
the Light Industrial Park/Planned Office Park Distdct and 100-141 (A) (3) -(15)
and (B) arid (C) governing the Light Industrial District.
Section 3. DEFINITION OF "ROUTE 48 CORRIDOR"
The 'Route 48 Corridor" is hereby defined and identified as follows: from
a point beginning at the RiverheadlSouthold Town Line on Sound Avenue east
along Sound Avenue continuing East along County Route 48 to a point ending at
the intersection o.f Route 48 and Route 25. The "Route 48 Corridor" shall extend
one thousand fcct (1000') north and one thousand feet (1000') south
respectively from the north road edge and the south edge of Sound Avenue and
County Road 48.
Section 4. EXCLUSIONS
This Local Law shall not apply to any person or entity who has, pdor to
the effective date of this Local Law, obtained all permits required for construction
of a building on any property located in the Route 48 corridor including later
applications to repair or alter, but not enlarge, any such building other~vise
prohibited during the period of this temporary moratorium.
Section 5. AUTHORITY TO SUPERSEDE
To the extent and degree any provisions of this Local Law are construed
as inconsistent with the provisions of Town Law sections 264, 265, 265-a, 267,
267'-a, 267'-b, 274-a, 274-t), and 276 this Looa[ Law is Intended pumuant to
Municipal Home Rule Law Sections 10(lXli)(d)(3) and section 22 to supersede
any said irmonsistent authority.
-lb-
Section 6. VARIANr~ ro THIS MORATORIUM ......
Any person or entity suffering unnecessary hardship as that term is used
and construed in Town Law section 267-b(2)(b) by reason of the enactment and
continuance of this moratorium may apply to the Zoning Board of Appeals for a
variance excepting the person's or entity's premises or a portion thereof from the
temporary moratorium and allowing issuance of a permit all in accordance with
the provisions of the Southold Town Code applicable to such use or
construction.
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall
be adjudged by any court of competent jurisdiction to be invalid, the judgment
shall not impair or invalidate the remainder of this Local Law.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary
of State.
~izabeth A. Neville
Southold Town Clerk
September 1. 1998
- 1¢-
(Complete the certifical~lon in the paragraph that applies to the filing of this local law and
strike out that which Is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No ................ _1_5 ................. of 19--9--8..
o f the (~kl~ i~ .~it~){Town)(~l}ag~ o f Sou{hold ..................................... was duly passed by the
Tov/n Board ' ' ............................
................................................ on .__$_¢g~_t.,._J .... 19 ~_[I., in accordance with the applicable provisions of Iaw.
(,¥ame of Legislative Bo~y)
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 ................................................................ w~s duly passed by the
............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after
(N~mt of,Leg~ladve Body)
disapproval) by the .................................................. and was deemed duly adopted on ............... 19----,
(Eltcdve Chief K~.ecutive Off. er')
in accordance with the applicable provisions of law.
3, (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No .................................. of 19 ......
of the (County)(City)(Town)(Vitlage) of ................................................................. was duly passed by the
.................................................. on .................. 19 .... , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the ................................................. on ................... 19---. Such local Iaw was submitted
(Elective Chief Executive Off~zer*)
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electom voting thereon at the (geaemi)(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 f'fled requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No ................................ of 19 ......
of the (County)(City)(Town)(Village) of ............................................................. was duty passed by the
................................................... on .................. 19----, and was (approved)(not approved)(repassed after
(Name of LegiMativ¢ 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 ora city or village, or
the supervisor ora town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
'5. (City local law concerning Cha~r 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 afiru-mative vote of a majority of the
qualified electors of such city voting thereon at the (special)(geneml) election held on ................... 19 .... ,
became operative.
6. (County local law concerning adop~:ion 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 electom
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 affu'mative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors o£ the towns of said county considered as a unit
voting at said general election, became operative.
(If anyother authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this of.rice and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted inthe manner in-
dicated in pamgraph__-I ....... , above.
Cleric of ~l~e County Icglshfive ,b~t?~.(/i~, Town or V'dlage Clerk
or officer designated by local legislati,~e body
Elizabeth A. Neville, Town Clerk
(Seal) Date: 9/2 / 98
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, VHlage Attorney or
other authorized attorney of locality.)
sI~Is °F Nmv ~ FO LK
COONTY OF
I, the undersigned, hereby certify that the foregoing local l~.v0contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local lafajl~exed h~
.
rego y ~. Yakaboski, Town Attorney
Title
l~y of
Town
Southold
Date: 9/2/98
ALEXANDER F. TREADWELL
SECRETARY OF STATE
STate Of NEW YORk
DEPARTMENT OF STATE
AlbaNY, NY 12231-0001
September 15, 1998
ELIZABETH A. NEVILLE
TOWN HALL
53095 MAIN ROAD
SOUTHOLD. NY 11971
RE: Town of Southold. Local Law 15, 1998, filed 09/08/98
The above referenced material was feceived and filed by this office as indicated.
law filing forms will be forwarded upon request.
Additional local
Sincerely,
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD :mi
printed on recycled paper
PUBLIC HEARING
SOUTHOLD TOWN BOARD
SEPTEMBER 1, 1998
5:00 P.M.
ON THE PROPOSED "LOCAL LAW IN RELATION TO A TEMPORARY
MORATORIUM ON THE ISSUANCE OF APPROVALS.AND/OR PERMITS FOR
BUSINESS ZONED PROPERTY ALONG THE COUNTY ROAD 48 CORRIDOR IN
THE TOWN OF SOUTHOLD".
Present:
Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Justice Louisa P. Evans
Councilman Willlam D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: We have a "Local Law in Relation to a Temporary
Moratorium on the Issuance of Approvals and/or Permits for Business Zoned
Property along County Road /~8 Corridor in the Town of Southoldn.
COUNCILMAN MOORE: "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 August, 1998, a Local Law entitled, "A Local
Law in Relation to A Temporary Moratorium on the Issuance of Approvals
and/or permits for Business Zoned Property Along the County Road 48
Corridor in the Town of Southold". 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 1st day of September, 1998~ at 5:00 P.M. as the time and
place for a public hearing on this Local Law, which reads as follows:
A Local Law in Relation to a Temporary Moratorium on the Issuance of
Approvals and/or Permits for Business Zoned Property Along the County
Road ~8 Corridor in the Town of Southold
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
Section 1. PURPOSE
The Town Board finds that increased growth and development within the.
Town of Southold are placing pressures on the infrastructure of the Town
including such things as water supply, traffic impacts, and the neces~ity to locate
businesses in suitable zoning districts located in areas which are best suited for
the placement of such businesses. To Insure that economic activity'takes place
in desirable locations thereby maximizing existing character of the Town's
hamlet centers, an examination of the existing zoning along Route 48 from
Mattituck to Greenport is necessary and is an important and appropriate subject
for study in detail. This study is past due. This Local Law is intended to
preserve the status quo of the Route 48 corridor to provide the Town Board an
opportunity to review the zoning of properties along the Route 48 corridor, the
likely impacts to the community based upon the existing zoning of properties ~'
along Route 48, and to make amendments as to the level and nature of business
uses that are appropriate along Route 48 such that, these uses complement
existing hamlet economic centers and that businesses uses appropriate outside
hamle{ centers are provided ample location in ~'nich to be situated.
Sectio(~ 2. ENACTMENT OF TEMPORARY MORATORIUM
Until nine (9) months from the effective date of this Local Law, after which
this Local Law shall lapse and be without further force and effect and subject to
any other Local Law adopted by the Town Board during the nine month period,
no agency, board, board officer or employcc of the Town of Southold including,
but no[ limited to, the Town Board, the Zoning Board of Appeals, the Trustees,
the Piarming Boarcl~ or the Building Inspector(s) Issuing any building permit
', pcj'3 - PH
pursuant to any provision of the Southold Town Code, shall issue, cause to be
issued (x' allow to be issued any approval, special exception, variance, site plan,
builcrmg permit, subdivision, or permit for any of the following property uses
listed i~ the following sections of the Town Code within the following zoning
districts v~ich are located in the Route 48 corridor. 100-61(B) and (C)
goverra'tg the Resort Residential District; 100-71(B) and (C) governing the
Residenaal Office District; 100-81(A)(2), (3) and (B) and (C) governing the
Umited Business District; 100-101(A) through (11) and (B)and (C) governing the
General BUsiness District; 100-130(A)(3) through 16 and (B) and (C) governing
the Light Industrial Park/Planned Office Park District and 100-141 (A) (3) -(15)
and (B) and (C) governing the Light Industrial District.
Section 3. DEFINITION OF 'ROUTE 48 CORRIDOR"
The 'Route 48 Corridor" is hereby defined and identified as follows: from
a point beginning at the Riverhead/Southold Town Line on Sound Avenue east
along Sound Avenue continuing East along County Route 48 to a point ending at
the intersection of Route 48 and Route 25. The 'Route 48 Corridor" shall extend
one thousand feet (1000') north and one thousand feet (1000') south
respectively from the north road edge and the south edge of Sound Avenue and
County Road 48.
pg L[ - PH
Section 4. EXCLUSIONS
This Local Law shall not apply to any person or entity who has, prior to
the effective date ~ this Local Law, obtained all permits required for construction
of a building on any property located in the Route 48 corridor including later
applications: to repair or alter, but not enlarge, any such building otherwise
prohibited during the peded of this tempemry moratorium.
Section 5. AUTHORITY TO SUPERSEDE
To the extent and degree any provisions of this Local Law are construed
as inconsistent with the provisions of Town Law sections 264, 265, 265-a, 267,
267-a, 267-b, 274-a, 274-b, and 276 this Looal Law is Intended pursuant to
Municipal Home Rule Law Sections 10(1)(ii)(d)(3) and section 22 to supersede
any said irmonsistent authority.
Section 6. VARIANCE TO THIS MORATORIUM
Any person or entity suffering unnecessary hardship as that term is used
and construed in Town Law section 267-b(2)(b) by reason of the enactment and
continuance of this moratorium may apply to the Zoning Board of Appeals for a
variance e~(cepting the person's or entity's premises or a portion thereof from the
temporary moratorium and allowing issuance of a permit all in accordance with
the provisions of the Southold Town Code applicable to such use or
construction.
pg 5 - PH
Section 7. SEVERABILITY
if any clause, sentence, paragraph, section, or part of this Local Law
shall be adjudged by any court of competent jurisdiction to be invalid, the
judgement shall not impair or invalidate the remainder of this Local Law.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the
Secretary of State. Copies of this Local Law are available in the Office of
the Town Clerk to any interested persons during regular business hours.
Elizabeth A. Neville, Southold Town Clerk. 'j We have got proof of
publication in the Traveler-Watchman. We have got comments ~rom the
SoUth°ld ToWn planning Board, comments from the Suffolk County Planning
DePartment, we can ~this a matter of local determination, proof l~hat it has
been posted on the Town CierkJs Bulletin Boardo We do have some
correspOnde~nce that the Town Board can avail themselves of.
SUPERVISOR COCHRAN: You have had the reading of the proposed Local
Law. I would like to update you a little bit in relation to the
recommendations that ~vere received from our Planning Board, and they
would like to see an amendment to the proposed boundary of the moratorium
to include the RO and the LB zoned properties that lie between the
intersection ~of 25 and [[8, and Manhasset Avenue. We feel that we can
probably go ahead, and support this, but that after the passage we would
make, perhaps, some changes. For lack of a better word, some changes,
but we would like to get the main body of this in place. So, at this time
just to lupdate you onlthat, if at this time if there is comments in relation
to the moratorium We would like to have your comments now.
ANN LOWRY: Town Supervisor and members of the Town Board, good
afternoon, my name is Ann Lowry. I am President of the North Fork
Environmental Council. The NFEC is very supportive of this proposed
moratorium. We are for any planning, which involves preservation, open
space, and farmland, and also, planning for the most useful and viable
locations for businesses. Route u,8 is such an important road, and such an
important part of our town with it's open vistas, and it's open road to
t~-~ffic, that we believe more hard looks at what we do with it are very
much in order. It is also true that whatever happens on that road effects
what happens on Route 25, and the cross streets, and also the hamlet
centers. We hope that while these nine months are available more progress
will be made on completing and making official a Master Plan. Big changes
in one area should not become contemplated without taking into account all
other areas as well, and we know, Jean, that you favor the Town having a
Master Plan, and we believe, too, that you believe that in an officially
accepted, that is by the Town Board. Master Plan is protection for the
town, and it's citizens should there be any complaints in the future about
varibus decisions concerning zoning, uses of property, and so forth. We
know that the residents of Southold are actively concerned about what is
going to happen in their town, and we know that they would like to know
what their elected officials are thinking about in relation to a Master Plan
for Southold. Could there be more updates about these matters? Speaking of
updates., we hope that during the nine months of the moratorium that there
will be information given out about what is being considered, and meetings
at Which citizens may have input in this planning process. It is a major
concern of all of us. Thank you.
pg 6 - PH
SUPERVISOR COCHRAN: Thank you. Ann. Is there anyone else that would
like to address the Town Board either pro or con in relation to the
proposed moratorium?
BERNARD HEINISCH: Bernard HeJnisch. County Road 48. I sincerely hope
that after this study is taken, that some action is then taken by the Town
Board, which would probably, ! hope, eliminate the me too type of an
application, that would come in for anyone that owns adjourning property to
business property, that they, too, want the me t~oo. I hope that this will be
eliminated. Thank you.
SUPERVISOR COCHRAN: Thank you, Bernie. Mayor Kapell?
MAYOR KAPELL: Madame Supervisor, members of the Town Board, I am
here today with two of my colleagues on the Village Board, Trustees
Jamie Mills and Cail Horton, and we are here out of concern for the
matter that was raised by the Planning Board, and brought to the Town
BOard attention's with respect to the fact that a couple of important
properties, one in particular the area that is zoned for business on what is
known as the Brecknock Hall property on Route 25 poses perhaps the
single greatest threat to the health of the business district of the Village
of Greenport than anything else. We have been united in that opinion for, I
think, at least fifteen years all of us.
SUPERVISOR COCHRAN: Over thirteen. We do go back that far.
MAYOR KAPELL: We go back that far, and to have it excluded from the
Town Board's consideration of the impact of business development outside
the hamlet centers, it just doesn't seem to make sense, so I heard what you
said at the introduction. I hope what you are saying is that the Town
Board is committed to modifying the moratorium as soon as possible, because
otherwise I think what the risk you run is, once a property owner sees
that you are serious about your intent to enact the moratorium. I am
concerned that you are going to get some applications.
SUPERVISOR COCHRAN: I am, too, that is why we want to pass the main
body today, and then we will take up one or two additions that have been
recommended.
MAYOR KAPELL: Let me just say that I thank you for that. We really
appreciate the fact that you are taking that into consideration, and also
that the Planning Board is looking at it, too.
SUPERVISOR COCHRAN: Yes, they are.
MAYOR KAPELL: On the subject in general I just would like that from
my standpoint that the type of development, strip commercial development
that is permitted by the current zoning along the North Road, and also in
some cases along the Main Road in Southold Town is exactly the type of
development that spelled the death bell for traditional towns from one end
of the United States to the other, i don't care where you go in this
country this is not unique to the North Fork or Southold Town. I don't
care where you go. I just came back from a vacation in Vermont, and in
New Hampshire, and I drove through one after the next, beautiful
pg 7 - PH ·
downtown that was wrecked by the development of a shopping center at the
interchange with an interstate. We are going to see the same thing happen
in Southold Town unless this type of zoning eliminated from the areas that
are affected, and I commend the Town Board on the moratorium, I really
think the matter is one of common sense, that really what you got to do is
just eliminate that zone. Put it back to residential. Let people build
houses. Put it to residential zoning, those undeveloped portions of those
roads that should not be developed that way. I Enow you are going to
catch hell for it. and the people are going to threaten litigation, but I
honestly be at a Judge in lOoking at it is going to recognize that
this is a that is demit to the demise of doWntowns across the
country, and we support you.
SUPERVISOR COCHRAN: Thank you. Is there anyone else that would like
to address the Town Bbard in relation to the moratorium.
FREDDIE WACHSBERGER: Freddie Wachsberger, Southold Citizens for Safe
Road. I certainly support the moratorium, and i would like to echo, too,
that in it's present s~te it doesn't go quite far enough. I certainly think
that the area around Greenport and Route 25 is probably the most
sensitive, but in fact. physical road does of course go all the way to
Orient Point~ even it is called 25, instead of u~8, and for the sake
~ ask that, in fact, your amendment to the present
legislation include, not only the area immediately adjacent to Greenport,
blt in fact the whole road so that it is consistent study from end to the
other. Thank you.
TOM SAMUELS: Tom Samuels. I live in Cutchogue. The subject matter is a
matter of contention for at least fifteen years, that I can remember, over
several administrations that have favored zone changes, and zone business
land on the North Highways, 38, and now we are going to have a
moratorium on any development in those areas. I would have thought that in
the fifteen years, and I know it was a favorite topic of previous
administration, and members of the administration that proceeded that
administration, that sdme judgements may have been made in that period of
time, and that some ef these properties would have been assumed, but it
didn't happen. Now, you are going to have a moratorium in general on
post-mdratorlUm, because it implies to me a lack of will in making zone
changes which are unpopular with the property owners, who are going to
be affected. It takes a lot of courage to do this. A moratorium in fact
applies to everyone. So, individuals are going to feel that maybe they are
nb;~ going to be included. It is going to be a problem. So, I am opposed to
moratoriums in generail for that reason. There has been astounding lack of
concern from people w[io are opposed to the moratorium, but there has been
a lot of concern, fromi iwhat I read in the papers. I haven't attended many
Town Board meetings ~f late. It is a problem. Something comes to mind in
the US/UK. Study, if you wil recall, and that was that development was~
being encouraged in ~amlet centers, yet in a few instances where changes
have been co~template~l in the hamlet centers you get terrific reaction, so
called Nimbv~~ not in Imv back yard, in the hamlet centers. Now, it may
be true th~{ Southol~ is one of those unique places where zero groW[h
Works economically. I !haven't found that place yet. I agree that judgement
has to be made where :you are going to have development, but I guarantee
you it is not going t°' i~e in the hamlets, because yOU are going to have so
pg 8 - PH
much public reaction, so much public reaction. It was suggested to me
recently that Mullen Motors should consider relocating on County Road 38,
just the area that there is now going to be a moratorium. Why? Because of
Nimby reaction in SoUthoid hamlet, i don't know what is going to happen.
I remember a former Supervisor talking to a gentlemen in Cutchogue who
sells tires. You'don't worry about this. Your land in the hamlet is going to
be worth much more money because everything is going to be in the
hamlets. Look at the hamlets. You talk about traffic on 38. Try traffic on
25 on Saturday or Sunday.
SUPERVISOR COCHRAN: Tom, I see some people frown every time you
say, 38. It is Lt8. We knew what you meant.
TOM SAMUELS: Age is catching up. Anyway, 48. I won't get into the
property rights issue. You all know how I feel about it. I am sure how
everybody in this room knows how I feel about it, because I have certainly
said it enough. But, it would seem to me again that you have got to look at
the who e picture, and we refuse to look at the whole picture, and this is
in my ~opinion, to my mind, a delaying effort of which will add another nine
months, to what has been at least fifteen years of contemplation of this. !
remember Town Boards going on bus rides up ~8. It is going on, and on
·
and it was just a problem. I think we see more and more
ers out here in :the summer. We see more and more traffic. I don't
eat booming building, although thank the Lord there is some
We are just delaying the ultimate zoning decisions, which
lave been made years ago. If they had been incrementally they
lave the impact that I see. The problem is going to be in the
;. It is a serious problem now. You are not going to have room for
Ding to be necessary in this town in the way of limited commercial
in the hamlets. It is just not going to work. It would appear
comments that you made so far, that the issue has been prejudged
: session. W~at I would hope and caution you about the overall
picture, which I doh't see changing very much, because we are just not
gOing ~anywhere with the zone changes that you want make, that you had
the. 0p~portunity to make. There are going to be tough decisions. Some
peOPle are going t° scream, and probably rightfully s(~, but that is your
job:. That is what you were elected for, so I would just think twice about
what You are going to do in the hamlets before you take all the commercial
land away from ~8.
JOE GOLD: Joe Gold, Southoid. I feel very hopeful about this moratorium.
I hope this is a sign of a increased emphasis on planning. This is a golden
oppert~Jnity with the moratorium to start that kind of planning, and I think
t~re ,s no possible outcome but good. I commend the Board for doing it,
and :yOU, Jean, for pushing it. I will be looking forward to the outcome.
Thank you.
JOHN RAUSCH: John Rausch, Southold. I just would like to support
the m~ratorium as a attempt, a opportunity· to take a good hard look at a
lot of ~things. Nine months without the pressure of the media, go to it. If I
may say with due respect to Freddie, I came back on the ferry two nights
ago. I came back after dark. Route L~8 and Route 25, they are wonderful.
What a wonderful welcome to New York State, and then there is another
sign after the New York State sign welcoming you to Southold. It is rural.
pg g - PH
I just came off 195 in Connecticut, and I really appreciate what we have got
here day or night. Thank you.
SUPERVISOR COCHRAN: Is there anyone else that would like to address
the ToWn Board in relation to the moratorium? Mr. Carlin, and then I will
take Mayor Kapell.
FRANK CARLIN: I wasn't planning on this one, but there are words I
would like to say, too, Madame Supervisor. Frank Carlin. We need some
commercial in this town. Young people graduate from school, college, where
do they go? Can't find nothing here in Southold Town. Need more than just
open space. Wineries aren't going to be the answer either. You got to
create some jobs, also~ Reach a happy medium. I don't believe in
moratoriums myself, but as far as tourism goes, handy for the wineries.
When you drive through this town on a Sunday afternoon through
Mattituck, and especially Southold, in the afternoon on a midsummer on a
Sunday, the only peopl~ you find on the street are the people waiting for
the bus to go to New York. Then you go to Greenport the place is jumping
I~ke BrOadway and 4;~nd Street. Anyway, tourism is not that great this
time, as you think it iS either, and as far as Route 48 goes, well, a lot of
problems with 25, too, the way they spend along there. As far as the jobs
go, we have really nothing in this town for the young people. They
graduate from college With a degree, they spend $30,000, $100,000 for a
degree, and what do ~,that got here? Where are they going to work A&P? I
~Vas always against youj~ when I told you this at the Board meeting before.
A moratorium for nine months restricting Route 48 for' commercial business.
You got to reach a happy medium. I told it to Tom Wickham, and Madame
Supervisor, you have :to meet a happy medium. This can't be one s,iided.
Logic, common sense, and reason is my formula. I have always used.: If
you use that you will never go wrong, but as far as business you better be
careful: you don't re,strict it too much so that the young people won't have
anything here to fali~ba~k on. That's all I have to say right now.
SUPERVISOR COCHRAN: Thank you, Mr. Carlin. Is there anyone else
who would like to address the Town Board? Yes, Mayor?
MAYOR KAPELL: Supervisor Cochran, just a question. Is it possible, I
gather the Town Board is planning, or anticipating adopting this
moratorium, is it possible subsequent to that to take whatever action is
necessary to begin the process of amending the moratorium to include the
area east of the current terminus?
SUPERVISOR COCHRAN: That is our intent, Dave. Yes, sir?
JAMES BITSES: Madame Chairman, members of the Board, people seem to
be riled up about a warehouse, that is going to be built on Route 48, and
apparently there is a moratorium, either in effect, or going into effect.
You will have to explain to some of the people here, that a moratorium is a
temporary palatine. It doesn't change the law. Furthermore the Law that
applies is the law that was on the books at the time that the application
for the warehouse was originally made. there is no method of changing the
law retroactively in this country. It is ex post facto legislation. Read
your constitution. It is forbidden. After somebody had done something, and
they wanted a confiscated estate, pass a law contrary to the existing law,
pg 10 - PH
ex post facto, seize the estate, which is why it is forbidden specifically
in the constitution. A lot of you people, a lot of you good people are
spinning your wheels. You are arguing about the wrong thing, because if
this Outfit had the r~ght to build a warehouse on Route 48, when they filed
their building permit a zillion moratoriums are not going to change that
fact, and when the moratorium finally lapses they will go through and build
their warehouse. The problem is in the Town Code itself. Town Code grew
like Topsy. I won't go into that. Martocchia was the instrument of the
Town C°de. I will tell you there is on y one way you can rectify a bad
· a defective Town .Code. ! believe there is only one way. I may
bE but the Only way you can really rectify it is by having a
refere
voting machine,
their 'consensus
people
Latin,
to USUl
al
OUl
they
do
boo'ks
whether
a~tion, and a law on
is. that th~
it is
way
Fact.
issue on th(
the 'Board of
SoUthOld
citizens of
register
to place that
give power. For in,.
out overwhelmingly.
against. They woUld
not be bUilt.
Wonderful. can
this is all
establishing a referen
getting together, up to the levers of the
their consensus is. Not only that, but
Iso have the power of legislation, so that when the
~ the law. When the p~ople, speak, vox pOpUli in
people. Their voice become le~iSlatiYe. They start
You are the legislators. You are our
. a small town here. As ! pointed out in my
ago in the Southold Traveler, Mattituck Watchman,
much bigger, actually is it about, the ,siZe, as
.hey did not have representative governmen~c. The
and part of their religion included the fact that
their course of action would be. In other words
~rketplace. Well, we can't do that. In fact we don't
31ic. We are not a democracy, and we have' voting
I can see to change an immutable law that is on the
urn, a specific public referendum. I don~t knew
I believe it has far more power than legislative
books, where all the people stared up, and vote on
iflc referendum. It is has considerable more power
the power of legislation. So, what I am
this problem. It will be fruitless,: J use
only way is to establish a means in
Je have the right to have a public referendum on a
00 citizens, 200 registered citizens, can sign a
~d, and the Town Board is constrained to I~u[ that
constrained wIth n the time hm~ts allowed by
days limit. So, I stated, in my articlel .in the
the enactment of a specific law gloving the
right to bring forth a petition, 200 signatUres of
.~ the Town Board. The Town ~Board is con~trained
voting machines at the next election. This will
in this particular case the people would come
ieve the vote is something liike 70 or 80. percent
out overwhelmingly to ask that this wa.~eh°use~
be irate about this. We can say a referendum is
town is beautiful. We can do lots of things, but
The only way we can beat this is by a law
in this town. Thank you.
pg 11 - PH
GAlL HORTON: Gall Horton from Greenport. I just want to commend you
on your legislative leadership here. I think it is great that you feel free
to stand out from the crowd, and take a view that I think many people
support. I know I support it; I was born here, and then as a young adult
I chose to live here~ and like many young adults, although | am not such a
sYOUng adult anymore, I commute to a job out of town. I commute to a job
ometimes to the far reaches of Nassau County, and I see what has
happened on the roads of Long island, and how cliff|cult it is, and
dangerous it is to drive there. I don't think we can support economically or
env~ironmentallY here, and I think most of the people 'who are here choose
to live here, because it is a rural town, and I know that everybody up
where I work, way up west, says, it is the most beautiful area of Long
ISland, and really fight to keep it that way, and as I say,
I c0mn~end you your leadership.
SUPERVISOR COCHRAN: Thank you, Gall. Is there anyone else who would
like to address the Town Board? (No response.) If not, i will close the
hearing.
Southold Town Clerk
~I.I::{;AI. NOTI{:I-:
: NOTI{'I,: OF
I!L'BIAC IlEAl{IN(;
· · :~O~' LO(' Xl. I.AVs
P I.'.1'~ I. lC NOTICF:
I'II~I{I:.I~Y. (.;IVI':~ tim II,ere
ha:,, I'),.'~'n:pr,:sc c~. Lo Ihe 'l'oxxn
h)ii'rd:ol:lhe '1 oxx ri ol'~ou~lhold.
Siffl'olk Cqtgrlt.~. 5. ex', York.
Ih,:~4fl'l da', 'of .X, LI~LlSl ]098.
I 'ocal'.'l.a~ cnlillc'd. "A I,ocal
14m in I~clalion it) .~, Tempo-
ral'.~ ..X.:loi-rt!oriunl on Ih,: I.',~,LI-
:mc,: 61' apl')rox als a. nd or per-
re'it,; i'~)r !hq%iness Zoned Ih'op-
,2lq', ..\:10n,, tile Cmll'll~, Roqd ,..I~
Sbm'hbld:'
NOTICI.: I.S I"l~I,VI'III-'21,l
¢.;IVF..~thfii I'l,:Town Roardof
Ih,:: I'dwn (fi'SoL, hold xx ill hold
a pLIblk heari v, tm the' a 'ore-
saki I.bc~il i,a~ ~IL Ille S()mhold
'l'(.)~?n 'Halll .'*,309~ Main Road
South~)kJ! ~ew Yo,'k. on Linc rs~
ea?;ofS?tc~.mber, l?.8, at~:00 Sdctioa~3. DEFINITION
.m. asme ume and Place ~or a "ROT'TV 48 ;C(') I~'1~ I I ~f ~1,' ':
pubhc ,h.e.artng.on- thais Local l il,, "Ilo,.,.. !8 ('or'it '"
Law,,wmcnreaasas follows: 5.,rchx dclin.'dmld ~ c tilicdll<
LOCAL LAWNO. 1998 ' ibilox( s: fi'om a poinl
A Local Law in Relat~ to a at :he Rixcrhe:~d %o' :hoh"
~Porary Mo?~prium qn Town Line on Sound Avenue
e. Jssuance .o! ~provms ca~l alorl{i Rou,d .~ cJ uc d )Il
and/or Permitsrfor Business , illq ': '"'tim ~ o ('OtllllX
Zoned ~rope~tyr.~long the I~otllC .~81Oa ~O 1 c {ilia;Il
CourtW Road ~ Corridor in imcr4cc~it)l; of ROUlC ,]-8 tllltl
thcTown of Southold Rome ·!5. Ibc "Route 18 Corri-
BEfiT ENACTED, by :the J ~" -I hcx c, d one tirol sand
Town Board of the Town of iL'ct { 1000') m,'th and otw II
Sout~ld as follows: Snlld IL, el i;0(}0' ,outh rc,pcc-
Section 1. PURPOSE
ds that
placing pressures
e infrastruc}ure f.th~
This I.ocaH.a~ ~hall~(it
' Pb lo iili.V lief.oil or ClU]ix '¢~
.Il:l, pl'ior 1o iht cl'[~'c!ix[: dale
oi' Ihk I.ocal l.:m. Obhli,cd
poi'gillS rcqt:iB'cd fi)r
tion ofa buflding~on ~y prop~
cl'l3 loc;tied ~1~ lite Rou!c I~ ct~J'-
rialto' h~chldirl~: Jalcr
enlarge, anx ~uch b,ikliqe olh-
,..mi,c prohibhcd dm'in?.
. . , ?criod o, Ihis total. .r3 lliOl'tt-
()[[ II n 1, .. i C~.'ILIL'I'% i.fl .orium_
LK
~gg aioag Route-48 fkom ~fTbEDe~ r
Ma~ltuck m Greenpoff is nec- ' T0 the ext~nt and de,r2& any ~ '
e~sa~vhndi~al i',,., 't i , .,. . ' ' " .. : ,"
~et?l: Ih¢? ,,..~ .; pa,~ ti ,y the provisioas of Town 'Law-oo[¢mator, o~h~RAV-
l.ms cocat Law is mtenaea to sections 264 265 n'~ --~-~ '-~ ~ · -
prdserve tM Statu~ quo 0f the' ;~q ~ ~;. C' ~..' ~?¢i zoq pu~~pr nt~
276 mi Loc l:La ,i tended LOU~; a~o that e
no-
. . . . .p o~p .un~L[.,o pmsu~ttoM~ic~alHomeRuie lexed iq a ur'
rcx~e~ c/~:.,,,~ *rc,',er.~.'. LawSecfion~ ................ - ..... .-rated copy,
· - ' ' .. . ' "' . ' ~Ctl0nzzro sup~ede any saia ---~--~,~, vvatcllllldH
~o m~ ~mmuq~ty inconsistent, au~ori~.
~YXlsl Section 6. VARIANCE TO
mong TH~S M¢ )R.X I'()RIi, M'
m~e amen~ents as to An5 pcrqm or ¢nlilx qH'ikq'- ................................ w~oks
nature of bus.ess lng mmccc..ar~ hm'dq~;p ~. hat . ....~.7.... ~...
rem is used ~nd cvnstmed in IciHg oH the
ROute 4 these uses Town Law section 267-b(2)(b)
exi }g..h~ml~t' by ~son of the enac~ent ahd 5~9 ............... ,19..'.Z~
ers treat bus~- - continuance of~ism0ratorium _
~mprhte outside ~ mav un,Iv to ~e z°nlna n~
~mJe~ .¢eqyers. are. pk0vid~d of Appeals for a ~-
mpte ~ocauOn m which' to oe centih* ~e ~*~' ..... *;~- ~ ....................
:~m~ted. : - premis~ or a rpo~ion therdof
'section 2. ENACT~NT OF ' from-~e tempor~ moratorium .
~PQRARY MOR6TO- andatlowin~issua~ce 0f a per- ils ............ Z ............ Oay ot
.~ '' · . - mit all in accordance w~ the
], ~}[~ ~e?) ~?s~ffo~ provisions of the-~ Southold
tee ..rrecdve oaTc OTmtS Local. ~o~n Code applicable to such Y/ ..............
I .a~. a,icr wh ich tlH- Local Law- use or cons~ition.;
· ?.fl lapse and be x,i~out ~r-. Section 7 SE~E~BILIT~
Incr !b,'cc mM cl'lk'd andsubject. ~ If any ~lau~ sentence, para-
to anx ofl~crl.ocaf I .aw adopted -graoh seetioh- or n~ ,~ 7~i~ ' .........................................
~x I;c Iox~n Ilom'd dunn~ ........ the L"o~ ........ · ........ "' " ~ "" · ~ PubJic
n~e month perio~ no agency - any cot .... i , i.
bo~, board offieer or .em~ tmn m · . , ..,
~RBARA
~HN~
~.~theTown of Sonthold shall,t) , t, ~ ( re
l:;ch,di.,,_ ~ otlilnilcdlo. Lhc 'e ' lie' )'tn;' It)ca I IX~ [ARY~BUC, S~0fNewY~
...... N0. 48~
IownBom'd. lhc/oninelloard hoc o 8 : "('11~1 I')XI'I.
'l' 'l'j'eal' Ihc T"t'~t~"e% I hc ' ~ I'o~';, I' ,,-,''' ~ualif~ in Suff'k C~ ,/a
.', '.t ,,;,,'u.. or. me:Bmld~ng~ . cl'~kc. ~ et e.~ . ............. ,, ; ,, C0m~
hl<[:.'Clt)r[s) i-~lllng any bmld-, u itl~ tlid qcCr~lal'X O[~L;I'e
it!g.pcrmlt pt!rstm]n Ltl :~1,.~ I)ro- Copies of this' local law are
x Lsmn of th.' houthold I'(mll available in the Office of the
. Ct)dc. 4iai[ iiqllC. C:IllS¢ lo be
I-,:,nl;.'d or tl[!t)xx lo J~c is.~ucd ;111.~.
appcoxtd, special exception.
~ ar'in,'pcc. >itc Iqan. huiklit~g pcJ-
iliil. ,t'.~,:'~.ix iqioll, or p¢l'Tllil I~l'
;ill5 Oi' Ilk: Ibllouillg pl'operl5
,.,cq listed in Iht Ib!lox~ i,g scc-
lious ol' Iht I tm n ( ode x~ ilhin
18 corridor: 100-61d~) and
~O~¢l'lling Ihe Re~Ol'l I{csiden-
rial I)isu'ic~: I 0(i-T I I It) and I ('
lice I)im'ict: 100-81(A)(2). 131
and fill and ((') ?~crning Ihe
I.imJtcd Ilu,i,e~s I)islrict: 100-
1011AI dmulgh ~1 I1 ,md (1~
m~d ¢51 ?~;erning the (icncral
II,~ine;s I)JMrict; 100-
I~0(AJ(3'lthrough 6 and
and (C'~ go~ eming Ihe l.i~ht In-
dustrial Purl~ I~lanned
Park I)islrkq and 100-1.41 (A
(~)-(i5) and (ID and (C) gov-
erning tl't~ I.i~ht Indu~Mal Dis-
II'ICL
Town Clerk to_any interested
persons durigg regular business
hours.)
BY ORDER OP~ rHE
SOUTHOLD · TOW~' -BOARD
OF THE T O "~¢-N OF
SOUTHOLD, SOUTHOLD,
NEW YORK.
'Dated: August 25, 1998
ELIZABETH A. NEVILLE
SOUTHOLD TO~ CLERK
1 x-8/27/98 (278