HomeMy WebLinkAboutLL-1998 #18Local Law Filing
NE¥~ ,~ ,/RK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANy. NY ]~731
(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 .
ilalic~ or underlining to indicate new matter.
or ..... .......................................................................
Town
Local Law No ................ 1___8 ................. of the year 19--9--8--
A local law _[n_..R__eJ.a_tj_o._n.__t.o__..a__.T..e_~12.o.r_a.r.v__M_o_r3~£[~..9.0_ t_g.~__[~y~9_O_~9~_~r~xa~
fir. sen T's~J
and/or P~_e_rmits for Business Zoned Prgp_erty. AIo._n_~ the Route 25 Corridor
from t h e._J..n.t..e..r.s_e..c.t.i. 9.9__o_f.._S.B_ .2.S._._a_n_.d_.§.E_3A_~ L~E. ~h~_ J. ~.[~_r~.~j~_?~ .........
SR 25 and Manhasset Avenue in the Town of Southold.
Be It enacted by the Town Board of the
~gt~ ,,e Southold
Town ........................................................................................ 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 necessity 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 [he Town's
hamlet centers, an examination of the existing zoning along The Route 25
Corridor from the intersection of SR 25 and CR 48 East to the Intersection of SR
25 and Manhasset Ave. in the Town of Southold (hereinafter referred to as "THE
CORRIDOR" 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 CORRIDOR to provide the Town Board an opportunity to
rewew the zoning of properties along THE CORRIDOR, the likely impacts to the
community based upon the existing zoning of properties along THE CORRIDOR,
and to make amendments as to the level and nature of business uses that are
appropriate along THE CORRIDOR such that, these uses complement existing
hamlet economic centers and that businesses uses appropriate outside hamlet
centers, are provided ample location in which to be situated.
(If additional space is needed, attach pages the sam- size as this sheet, and number each.)
Dos.,_3~ (v.~. Tm) (1)
Section 2. ENACTMENT ' TEMPORARY MORATORIUM
Until nine (9) monff)~s from the effective date of this Loc~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 employee of the Town of Southold including,
but not limited to, the Town Board, the Zoning Board of Appeals, the Trustees,
the Planning Board, or the Building Inspector(s) issuing any building permit
pursuant to any provision of the Southold Town Code, shall issue, cause to be
issued, or allow to be issued any approval, special exception, variance, site plan,
building permit, subdivision, or permit for any of the following property uses
listed in the following sections of the Town Code within the following zoning
districts which are located .in THE CORRIDOR: 100-61 (B)and (C) governing the
Resort Residential District; 100-71 (B) and (C) governing the Residential Office
District; 100-81 (A)(2), (3) and (B) and (C) governing the Limited 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 The Route 25 Corridor from the intersection of SR
25 and CR 48 East to the Intersection of SR 25 and Manhasset Ave. in the Town
of Southold ("THE CORRIDOR"),
THE CORRIDOR is hereby defined and identified as follows: from a
point beginning at the intersection of SR 25 and CR 48 East to a point ending at
the Intersection of, SR 25 and Manhasset Ave. in the Town of Southold,
"THE 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 SR 25.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
1) any person or entity who has, prior to the effective date of this Local Law,
obtained all permits required for construction of a building on any parcel of
property including later applications to repair or alter, but not enlarge, any such
building otherwise prohibited during the period of this temporary moratorium;
and
2) parcel(s) of land currently improved with a building or buildings so long
as the application is not: a) seeking, in whole or part, a change in the use
of the land, premises or buildings; and b) and so long as the application
does not require any applications to, or approvals, special exceptions,
variances from, the Zoning Board of Appeals of the Town of Southold,
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 Local Law is intended pursuant to
Municipal Home Rule Law Sections 10(1)(ii)(d)(3) and section 22 to supersede
any said inconsistent authority.
- la-
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 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.
-lb-
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No ............... _1_8_ ..................of 19-9--8---
of the (<~O~ lx~ .~i~ToWn)(~!l~ of .... _S__o._u.t__h__o_l..d_._ .............................................. was duly passed by the
.... _T__o_~.n._~_B._o~_r_.d__~ ...............~ ....... on_.Q_c_t_o__b_e_.r_..1319 __9__8, in accordance with the applicable provisions of law.
(~¥ame of Ltgi~t~tlve 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)Cv'illage) of ............................................................... v~s duly passed by the
............................................... on 19 ---, and was (approved)(not approved)(repassed after
fiV~rne of.Legislative Body)
disapproval) by the .................................................. and was deemed duIy adopted on .............. 19---:,
(Ettctlv¢ C~ief ~cudve O~.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)(Vlllage) of ................................................................. was duly passed by the
................................................... on .................. 19 .... , and was (approvedXnot approved)(repnssed after
(~lame of Legislative Bo~y)
disapproval) by the ................................................. on ................... 19 ..... Such local Iaw was submitted
(Elecd,w Chief Executive O~cer')
to the people by reason ora (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the quali~ed electors voting thereon at the (general)(specialXannual) election held on .................. 19---- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and t'mal adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No ................................. of 19 ......
of the (County)(CityXTown)(V~llage) of ........................................................... was duly passed by the
................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after
{aVarne of LegiMative Body)
disapproval) by the .................................................. on .................. 19 .... Such local law was subject to
(Elective C~ief Ex~cut~ve O~)~c.t~*l
permissive referendum and no valid petition requesting such referendum was filed as of .................. t9----, 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 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 ora majority of the
qualified electors of such city voting thereon at 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, arid having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majon'ty of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and Was finally adopted in the manner in-
dicated in paragraph__-I ......., above.
Clerk of th~unty leglsht/ve body, City, ~lbwn or V~.~? Clerk
or officer des/gnaWed by local leg/shrive bddy
Elizabeth A. Neville, Town Clerk
(Seal) Date: 10/21} ! 98
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE
SElF F 0 LK
COUNT~ O~
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law/a~anexed hereto.
egory F. Yakabogki, Town Attorney
Title
~t)~ of
Town
Date:
$outhold
10/20/98
(3)
AleXANDER F. TReADWELL
SECbETARY OF STATE
STATE Of New YOrk
DEPARTMENT Of STATE
AlbanY, NY 12231-0001
ELIZABETH A. NEVILLE
TOWN HALL
53095 MAIN ROAD
SOUTHOLD. NY 11971
October 29. 1998
RE: Town of Southold, Local Law 18. 1998, filed 10/22/98
The above referenced material was received and filed by this office as indicated.
la~ filing forms will be for~varded upon request.
Additional local
Sincerely,
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD: ml
printed on recycled paper
PUBLIC HEARING
SOUTHOLD TOWN BOARD
OCTOBER 13, 1998
8:05 P.M.
ON A PROPOSED "LOCAL LAW IN RELATION TO A TEMPORARY
MORATORIUM ON THE ISSUANCE OF APPROVALS AND/OR PERMITS FOR
BUSINESS ZONED PROPERTY ALONG THE ROUTE 25 CORRIDOR FROM THE
INTERSECTION OF SR25 AND CRU,8 EAST TO THE INTERSECTION OF
SR 25 AND MANHASSET AVENUE IN THE TOWN OF SOUTHOLD".
Present: Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: The next hearing is in relation to a Local Law on
the Moratorium.
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 15th day of September, 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 Route 25
Corridor from the intersection of SR25 and CR/~8 East to the
intersection of SR25 and Manhasset Avenue 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 13th day of October,
1998. at 8:05 P.M., as the time and place for a public hearing on this
Local Law, which reads as follows:
Temporary Moratorium on the Issuance of Approvals and/or Permits for
Business Zoned Property Along The Route 25 Corridor from the intersection
of SR 25 and CR [[8 East to the Intersection SR 25 and Manhasset
Avenue in the Town of Southold.
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
pg 2 - PH
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 necessity 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 The Route 25
Corridor from the intersection of SR 25 and CR 48 East to the Intersection of SR
25 and Manhasset Ave. in the Town of Southold (hereinafter referred to as "THE
CORRIDOR" is necessary and is an important and appropriate subject for study
in detail. This study is past due. Th is Local Law is intended to preserve the
status quo of THE CORRIDOR to provide the Town Board an opportunity to
review the zoning of properties along THE CORRIDOR, the likely impacts to the
community based upon the existing zoning of properties along THE CORRIDOR,
and to make amendments as to the level and nature of business uses that are
appropriate along THE CORRIDOR such that, these uses complement existing
hamlet economic centers and that businesses uses appropriate outside hamlet
centers are provided ample location in which to be situated.
pg 3 - PH
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 employee of the Town of Southold including,
but not limited to, the Town Board, the Zoning Board of Appeals, the Trustees,
the Planning Board, or the Building Inspector(s) issuing any building permit
pursuant to any provision of the Southold Town Code, shall issue, cause to be
issued or allow to be issued any approval, special exception, variance, site plan,
building permit, subdivision, or permit for any of the following property uses
listed in the following sections of the Town Code within the following zoning
districts which are located in THE CORRIDOR: 100~61(B) and (C) governing the
Resort Residential District; 100-71(B) and (C) governing the Residential Office
District; 100-81(A)(2), (3) and (B) and (C) governing the Limited 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 The Route 25 Corridor from the intersection of SR
25 and CR 48 East to the Intersection of SR 25 and Manhasset Ave. in the Town
of Southold ("THE CORRIDOR")
pg zl. - PH ~
THE CORRIDOR is hereby defined and identified as follows: from a
point beginning at the intersection of SR 25 and CR 48 East to a point ending at
the Intersection of SR 25 and Manhasset Ave. in the Town of Southold
"THE CORRIDOR" shall extend one thousand feet (1000') north and one
thousand feet (1000') south respectively from the north mad edge and the south
edge of SR 25.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
1) 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 parcel of
property including later applications to repair or alter, but not enlarge, any such
building otherwise prohibited dudng the period of this temporary moratorium;
and
2) parcel{s) of land currently improved with a building or buildings so long
as the application is not: a) seeking, in whole or part, a change in the use
of the land, premises or buildings; and b) and so long as the application
does not require any applications to, or approvals, special exceptions,
variances from, the Zoning Board of Appeals of the Town of Southold.
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 Local Law is intended pursuant to
Municipal Home Rule Law Sections 10(1)(ii)(d)(3) and section 22 to supersede
any said inconsistent 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 excepting the person's or entity's premises or a portion thereof from the
temporary moratorium and allowing issuance of a per~-,~it 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
pg 6 - PH
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. By order of the Southold Town Board of the Town of Southold,
Southold, New York. Dated October 2, 1998. Elizabeth A. Neville, Southold
Town Clerk." I have proof of publication in The Traveler-Watchman, proof
that it was posted on the Town Clerk's Bulletin Board. That is it. We have
already gotten back our comments from Suffolk County Planning saying, it
is a matter of local determinatlon, and the Town Planning Board
recommended this action. This is one that extends it out to the light at
POrky's out to Manhasset by the cemetery, a few pieces of property
that weren't cleared before.
SUPERVISOR COCHRAN: Is there anyone that would like to address the
Board. pro or con. in relation to the extension of the moratorium down to
Manhasset Avenue to include from the circle. I call it a circle, but the
intersection. Main and L[8; I remember a circle. It was more like an
intersectiOn, wasn=t a circle, not a circle llke Riverhead. Anyone like to
address the Board in relation to this? (No response.) If not. I will close
the hearing.
Southold Town Clerk
PUBLIC HEARING
SOUTHOLD TOWN BOARD
SEPTEMBER 29, 1998
5:15 P.M.
ON A PROPOSED "LOCAL LAW IN RELATION TO A TEMPORARY
MORATORIUM ON THE ISSUANCE OF APPROVALS AND/OR PERMITS FOR
BUSINESS ZONED PROPERTY ALONG THE ROUTE 25 CORRIDOR FROM THE
INTERSECTION OF SR25 AND CR48 EAST TO THE INTERSECTION OF
SR 25 AND MANNASSET AVENUE IN THE TOWN OF SOUTHOLD".
Present:
Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: The next one is a hearing on a "Local Law in
Relation to a Temporary Moratorium on the Issuance of Approvals and/or
Permits for BuSiness zoned Property Along the Route 25 Corridor from the
Intersection of SR25 and CR48 East to the Intersection of SR 25 and
Manhasset Avenue in the Town of Southold". Councilwoman Hussie will
read the public notice.
COUNCILWOMAN HUSSIE: "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 15th day of September as Local Law entitled,
"Local Law in Relation to a Temporary Moratorium on the Issuance of
Approvals and/or Permits for Business Zoned Property Along the Route 25
Corridor from the Intersection of SR25 and CR48 East to the
Intersection of SR 25 and Manhasset Avenue 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 Town Hall on the
29th day of September. 1998. at 5:15 P.M. at the time and place for a
pubilc hearing. The Local Law reads as follows:
pg 2 - PH ....
Temporary Moratorium on the Issuance of Approvals and/or Permits for
Business Zoned Property Along The Route 48 Corridor in the Town of Southold
BElT 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 necessity 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 ara appropriate along Route 48 such that, these uses complement
existing hamlet economic centers and that businesses uses appropriate outside
hamlet centers are provided ample location in which to be situated.
pg 3 - PH ~ ~
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 dudng the nine month period,
no agency, board, board officer or employee of the Town of Southold including,
but not limited to, the Town Board, the Zoning Board of Appeals, the Trustees,
the Planning Board, or the Building Inspector(s) issuing any building permit
pursuant to any provision of the Southold Town Code, shall issue, cause to be
issued or allow to be issued any approval, special exception, variance, site plan,
building permit, subdivision, or permit for any of the following property uses
listed in the following sections of the Town Code within the following zoning
districts which are located in the Route 48 corridor: 100-61 (B) and (C)
governing the Resort Residential District; 100-71 (B) and (C) governing the
Residential Office District; 100-81(A)(2), (3) and (B) and (C) goveming the
Limited 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 Distdct 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.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
1) any person or entity who has, prior 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 otherwise prohibited during the period of this
temporary moratorium; and
2) parcel(s) of land currently improved with a building or buildings so long
as the application is not: a) seeking, in whole or part, a change in the use
of the land, premises or buildings; and b) and so long as the application
does not require any applications to, or approvals, special exceptions,
variances from, the Zoning Board of Appeals of the Town of South°Id.
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 Local Law is intended pursuant to
Municipal Home Rule Law Sections 10(1)(ii)(d)(3) and section 22 to supersede
any said inconsistent 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 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
ff 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
local law are available in the Office of the Town Clerk
persons during regular business hours.
of State.
Copies of this
to any interested
BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF
SOUTHOLD. SOUTHOLD, NEW YORK.
Dated: September 21, 1998
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
pg 6 - PH
Attesting to it's publication in the Traveler-Watchman, correspondence from
the Southold Town Planning Board. The Planning Board reviewed the abOve
mentioned Local Law and supports the inclusion of the mentioned area in the
moratorium. From the Suffolk County Department of Planning, this is a
decision of local determination in which their input should not be
considered either approval or disapproval, and I don't see any other
correspondence.
SUPERVISOR COCHRAN: Is there correspondence from our Planning Board
and from the County?
COUNCILWOMAN HUSSIE: I mentioned that.
SUPERVISOR COCHRAN: Greg, can I have your input on this, please?
There still is some question. We have a little difficulty here with the two
laws that are put on for today, and I believe we are going to hold them for
two weeks, but Bill will give an explanation.
COUNCILMAN MOORE: We will call it computer gremlins. No one is blame
here. We have in place an existing moratorium, so mind you we haven't
touched that. There is a moratorium in place, that runs from Route 25 to
the flashing light at Porky's, west to Laurel, the town line of Riverhead.
That is in place. At the pubic hearing at that time we heard discussion
about extending it to the east out to Manhasset. The language of the
public notice, the first paragraph, makes reference to that, but thereafter
the language that was put in our files wasn't put in to that which was
entered to the printer, so it doesn't show up in the local law which we will
be looking at tonight, which is an actual extension, geographically other
than the title, the title that didn't make it into the body of the language,
cutting and pasting and making it happen. That being the case we are
going to fix it.
SUPERVISOR COCHRAN: We will put it back on in two weeks. Do you want
to set a hearing for two weeks? What is the two weeks, thirteenth? What is
it? The next Board meeting, October 13th. We will do that as soon as we
come out of the hearings. We are going to have to re-advertise, so we
haven't really opened this two hearings. Do you we close it or do we leave
it open for the two for the two week period?
TOWN ATTORNEY YAKABOSKI:
republish.
Close it. We are going to re-notice,
SUPERVISOR COCHRAN:
closing the hearing.
On this particular moratorium business I am
Eli~beth ~. Nevillfe
Southold Town Clerk
I :l.:(;&l.. ~O'l'l(~f: .
~oi!}(:'~::~.:!'~ '~1.1¢'
I-I E.M~J~('; ON ~ .0('
PI BI.l(: ~(J'I:I('E IN'IIERE-
B Y'('; I ~ E N:.I h al dHcr C;. hag'bc, bn
da} ol~S~ptcmbc('l'~}9~ ~ Local
pro~ als mldk~r Permils fiW B~i-
lie,s ~ofi'ed lifo )eft v'~
RoHle~{m~,or rom ~eln~
~ nd ~l~ul msseI.L~efiHe in Ihe
T0wnbf'Smilhohl: .' ? .. ·
S( ~'1'1{ ~E IS I,'1 :RTl
liearing on the a.l~:~:~al~' I .ocal
53095 M:aii~ 4{~d..:Soufl~dld.
Oelober ~99~. ~lr 8:0~ P.'M. as
Iheq ime and place :lb~':a pubhc
hearin~ ol t. llis ~ c~l.haw.
rcad~ ~s'lblto~ s: ....
I.(}("~L'I .~W
Petrel'Is:: I~r ,Ru?' 6~s' Zoned
ProperlY. :A Ion~ Tile
Corri(l(fi~l~o~:li~C'il~lers~fflio~ c)l'
~R2.~ add4 ?R'4gl~asL [O.Lhe .I,-
lel'Secl~dn, oJ'~ ~1{=2~ and
SoulholZl .. :..:' ." ·
I~E rr ENAC'I:I.;[) BY L w Town
orca ~cd' ~ i:o'~¥ dl ~;[] ~ d, (~e.ve h)p-
mcTfi ,qTth.in '~h~"':;I o~ ~ (.'
~(.)111 hoh'l ~re pl~ei~u .pre~., ,'cs
supPb', &lm~. ifl'lpaCfS.
i!cccssity to 4acnte hnsinesse~
in suitable zordn.v. (lislricI~
.~lilvd Ibr rite placcmcnl ol'btht-
I1CS5CS. 'J 0 ilIMII'R JJl~J L'COIIOInlC
activi~ ~es place ~,
1Ocafions~ ~bexeby ~x~ing
exmtmg c~acter of~e Town
hamlcl cunlc~rs, an examination
ol'fl~e cxislinx/oninx ulo.~ Ihc
Route 25 (;ol'rJdor 1'1'o111 tile in-
~cr~cclmn o1'SR25 and UR48 J?asl
Munha~sct Ave. in Ihe '1 oxx n
Sot,hold d~eremaficr rel~ red
as" Ilt1: ( ORRII)()R" is ncces-,
~ppS0p~te subject for study
6&~i~. ~iS study is past due-
~is Local Law is mte~de~
~ese~ ~e ~ta~ quo
cO~JDO~ to P~ovide'
TO~ B0~d ~ opp~6
[eview the 7anin~ of propci'l
a~ong III1: C()~{RII)()R.
q~l~ impacm to thecommuni~
ba~ed q)on Ilk' exJ-lm~2 /~111111~
RII)f)R. apd ~o ~[mkc amcnd-
IIIt~lllk ~1 ~J() JJlL' k'~ L'I LIIIO
ol'busin~'-~ uses IJlul al'C
~mte along THE
such ~, these uses compl~
merit e~8~ haml~
c~fiters ;~nd ~hat businesses
?~ a~o~6~te
~et ~n~egs a~e~prov~ded '~ple
locaao~ i~ whiclfto bL, silda~td.
S~tion 2. I'~Af"I'MI.;~T OI.'
~M~OR ~RY ~Ii)RA'll)R-
Un~il n~e (9) mon~from~e
effective date offs
~te~ Which ~s Lbca~ law~sh~
[a~se and be wi~ou~'~th$~
forCe-'and effect ~d sub, edt ~0
~y ~er Local L~w ~o~ted by
· ~ To~ B0~d d~g ~e n~k
o~ce~ or e~10yee o~e Tow~
of So~oJd ~cJudin~, bat
li~ttd~o~e To~ Bd~d, ~e
' Z0~g. Boa~ of Appeal~ ~
Tmsteesu ~e Pla~g Board, 0~
· e ~uMd~g ~pbctor(s) issn~
lng ~y bnMd~ng pt~i~ pu~su~
a~t 'to,' ~ny p~ovisi0a: of t~
~ou~01d ~o~ Code~ shall
sue, cause ~o be ~ssued or aid
lowed tO be issued any
proval, special exception,
ance; s~t~ pl~; building
s~b~vi~[dn; or pe~ for ~y of
the folIbwing: property-ust~
i~ted ~'~e: foll~w~g secfion~
of~e To--Code wi~ ~e
10'wifig ~0M~g d~icts
~e locat~ ~ ~E CO~OR~
~eso~ ~sid~fial Dis~ct; 1
7~(~) and (C) ~overnJng the
gove~g ~ L~ Bus~ess
Dis~ict; 100~I01 (A)
01) ~d(B) and (C)
.the General Bus~ess.Dis~ct;
10~130(A)(3) ~ough 16 ~d
[ndusffial Par~l~ed Offi~
P~kD~ct ~d 100-141 (A)
(1~) ~d (B) and (C) governing
· e Light Indus~al Dis~ict.
~on 3; DE~ON OF ~e
~ut~ 25 Co~ido~ f~om ~e ~-
~c6on oK S~ 5 ~d' CR48
to ~e Inters~fion of S~5 and
~asset Ave. [n ~e To~ o~
Sou~oJd C'~ ~OR")
~E CONDOR is her~y
de~med and identified. ~
]ows: from a po~t b~g~mng at
Ea~ m a ~0int ~nd~gat ~he
teZsect~on '0~ S~25 and
Ma~sset Ave. in ~e Town 0f
Sou~01d "THE CO~IDOR"
shall, extend one thousand feet
1 '
( 000 ) no~h ~nd one thw,~and
fee. ~i0(It)' Soulh ~csp~,,.'.j ~'Jv
south edge ofS~5.
'l'h~.~ l:ocal l.uw shall nol
plyto: ' . .
I ) any .pets(ir1 or'elltilv W}lO
hfis. pri6r L0 Ibc cl;t~ctiv~ dulc
oF [his I;.0eul I.aw. ubtaified ~11
permil~ ?etlul~ed fi~ COlSlruc.
dfn'ol:~ building'on any parcel ' ' ' ·
(ff Prol~(rty incl[~d ng. ater ~p-
plicafions to repair'of a'her but I,~ flu.v sx~ o1'I~, s0~.'s h
m)t~'hlaree:mwsucl bti~in~ : ,." ' .,' ~..;.~ ,,,
per/od of. fl~/s lemporary moru, .Il)lie nt,wsp,ll.)er i)l'inled
Iorium:
and A)lllllv; and tl~,ll the
2)p~reel(s)o'lamlcurrendvinl_ ,xed is I)r'inled coDV,
Or(ri. ed wilh, h buil~?g or I;uil~-
~ngs ~o Iqng as the ~pplieation ,fid Tr,~x.eler Wotchn'~,l~
~s n~t: ~).:s.eeking, in whole or
part, a'.ch~nge in IhS:use ol ihe
I~,~, p~mises, or buildings; and ...... '. ....................... weeks
b) and s0 Ioog ~s Ihe application
(Joes nol require aov ~pp~ic~-
tions I~. or.approve;Is, speciHI :;ing on Ihe .....~ ..........
exceplilms, v~riance~l~om Ihe ~. ~.~
Zoning. Bpa~d ofADne~ls o~ih,, ~ ~ I t) 7~
'I'm, n ofSoulhold. ' '. .......... ~ff'~ .............
Seclio~ ~..AI 'l'll~ll~J'~'x. 'r~ ~-:'~'"'.';'.~; ..........
..... ?, ............ . ' '. ... ~:'~¢:~:~.~; Z .....................
~() Ihe.exlcnd and (k'~rce any
- ' "" .............. -"' ~is ........ ~. ............. d,~v of
26,-b. 274-u. 274.b. and 27fi Ibis
~o XlLmic~pal fh)rn~ RLzle I.aw ,
Sections ] O( I )(ii)(d)(3) and
tion 22 to supcrscdc apy said
I11eonMslenl aLIlhorily. ~' ~.. ;:;. ..'
MOI~.VI'()~II..M
Any pe 'son o' emily sul'lt'r- rv
in~ U[l'~ff~essary h~rdship as '
lhat lef'fn is i~sed ~ Id ¢on~Lrued
in 'lt)~ n [~(~ ~'tion 267-b(2)(b) BARBARA ~,
by rcaso'n of ll~e eTmqlmenJ, and 10~RY PUBU~, ~tate ~f ~w
c()~li!qmM~:u ol"llus.nloriloriLml HO. 4806846
'n?y'aPl~l~ 1() ll~e Zonin~ Board ~u~lified in ~uff01~ Co~ ~
ol App~sfis..Ibr ~ v~rk Jle~ce~l-
Iht Ic?pg~.~Fy n)( rumor Jm and
.~llk)wJn~ issum]qe (flu pcr'rnivull
I~1 iICCOId~IICC w Ih I11~ pf'ovi~
siorls ~)l' [h~' Sou hohl.
Code applicuble.'Lo sueh LJ~e or
cof1%lrLLClion.
Sc~'lion ?. SEVERABILI'F~ '
l~n'v'~' aLise .~k'rl c I~e para-
~l'aph. ~ccrion. or pu 'L.of Lh s
~(~cul L~w ~llal'l be adiud~ed by
;~J)3' cot~rl'ol:~on i)cle'f~l'~u~ s('lic~
tion' Lo ~e 'inval d. L ~ ~fit ~FnenL
shaft noi ifilpafi, of in,filial[he Ille
refiiah]d& or~ ~is [.oca
SLTlion'~.EFFE( ~'l'l V E DATE
Th m..[.~)~.al I.aw shaft ia'kc
I~ct mm~94~at~ 3. upon [iJ~nu ~ ilh
lhe Sc~rczarv of S(ale.' .' ~
Copies of lifts h)cal lb.w
uvuilable, in Ihe 'O'fl:i~e. o ~
To~vn .(:'Jerk .many; i,/crcs[cd
?r~onsdh'r[ngJ-egLllar ~LJSi leSS
IlOUrs. '
I)ateff Oelober 2. 1998' .
.. B Y ORI)ER OF:FI IE
SOU'I'HOLD TOWN
', BOA RL) OF'fH~;TOWN
: . '.OI~OL;THOLD.
SOU:I'HOLD. NEW YORK
· .'EI,~ABI.~:I i A.NE. VII
SOL;I'H~D TO~V~ CLEI~K
' " ' ;IX-I0.'&'98(317)
I.E(;AI, NOTI(:I': ..
~¢')TIC I". ¢)1.'
I(rr<cction. o1'. %lg25.. ;tll(I
ol'SoLIIh'old: ' . : ' '
N.()']':I (':.1~ · I s.. I.' t ~ r.T'[ I ~' r
]9l.h (J~(~ ()f ~LqJlL'llil)e'['.
Io~%g: ' ' "' '
aild ig ;In ill)l)Ol'Laill ;Ind nppro-
1'8' %:udh' thaL [lle~e u~es co111 Die ....
ap~rop~itLte/>utsidc ham let
IL, rs.~lre i?ro~:fdL'cl ~lmplc IocnLion
'rlJ:M
i!ntil f~ii'lc (9)mo[~lh5 I¥om IIle
ii)l'C~ tllld el'l~cl ttHd ~uJ!jccl
IJJe.'J'{~%~]l I}otlrd dt · I~J Il c Iii. lie
board ~l'liCel' O' e ~p o~:~'k? of &Jlc
~>pector(~l i~tline anx build-
x is Of 1 t)l' fh¢~' ~OlltholLI
I'~.'.",' '' i , ~..~. , ' ~ .'
' ~;nlnr~. aqx ~Ltch buildil'pg olh-
~ ' i'" ''~ ,I.' ,', ' · ,'
Ioxxn {'ode ~lpplic'tlbl: [o ~Lich
I)ATI'~
')1 I<
',K ss:
,(gng clLI]y SXVOm, says that
C( )()rclina I()r, o( I1'1o TRAV-
~ I)Ul)!i(' nc, w~q),q)t~r printed
< (~OLIlll¥; ,ll'l('.J I1'1,11' the no-
.:rl(,X(>(~ is ~l t~rii'lled copy,
1 s~'li(t Tr, l\ (.'lot Watchman
.... './.. .......................... weeks
N()hlry I~L.II)Iic
BARBARA A. SCHNEID~
NOTARY PUBLIC, State 0i New Y~
N0. 4806846
~uaEfied i~ Suffolk C~ ~
Commi~n ~pires