Loading...
HomeMy WebLinkAboutLL-1999 #05LOCAL LAW NO. 5 1999 Ninety Day Extension of the Temporary Moratorium on the Issuance of Approvals and/or Permits for Business Zoned Property Along The Route 48 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 of the Town of Southold adopted Local Law No. 15- 1998 establishing a nine (9) month temporary moratorium on the Issuance of Approvals and/or Permits for Business Zoned Property Along The Route 48 Corridor in the Town of Southold from the Riverhead/Southold Town line on county Route 48 extending east to the intersection of Route 48 and Route 25. Local Law No. 15-1998 became effective on September 8, 1998 and expires on June 9, 1999. In addition, the Town Board of the Town Of Southold adopted Local Law No. 18-1998 establishing a nine (9) month temporary moratorium on the Issuance of Approvals and/or Permits for Business Zoned Property Along the area from the intersection of Route 48 and Route 25 extending east to the intersection of Route 25 and Manhasset Avenue in Greenport. Local Law No. 18-1998 became effective on October 22, 1998 and is set to expire on Juty 22, 1999. The moratorium was designed to allow time to review the existing business and industrial zoning and implement land use controls to protect the character of the Route 48 Corridor specifically and the Town of Southold in general. After the enactment of the temporary moratorium the Town Board retained the services of Cramer Consulting Group ("CCG")which specializes in "Complete Land Use Services- Including Planning, Design and Environmental" for consulting services to make recommendations as to any necessary and appropriate changes to the future land use patterns along Route 48. CCG was retained to undertake a detailed investigation of the commercial and industrial zoning along the Route 48 corridor. The goal of the investigations was to establish a set of land use recommendations to protect and preserve the integrity of the Route 48 character while maintaining the economic viability of the entire region. Such recommendations are to be based on detailed analysis and documentation. The scope of services to be provided by CCG include a review of existing plans and studies for relevance to the Route 48 Corridor, conducting a detailed inventory through the use of existing maps, aerial photography and field visits. The inventory will include, but not be limited.to, physical setting, existing land use on and/or surrounding the site, potential land uses, habitats, cultural resources, wews and vistas, zoning, as appropriate; and the preparation of an Implementation Plan that summarizes the previous plan and provides general recommendations for geographic areas along the Route 48 corridor. The implementation plan will include such information as existing settings, potential impacts and alternatives. In addition to the implementation plan CCG will provide a series of site specific recommendations developed and based on the implementation plan. These .site specific recommendations will include appropriate maps, property owner information, mailings and other relevant information so that the Town Board may set public hearings and consider site- specific recommendations. CCG's work includes a review of the Town Code of the Town of Southold including suggested revisions necessary to. achieve the goals Of the implementation plan including outlines of new draft codes for the Town Board's consideration. CCG's job also includes, SEQR compliance, with respect to both the Implementation Plan and the Site specific recommendations. CCG submitted the proposed Implementation Plan (:'Route 48 Study") to the Town Board on'April 20, 1999. Th~ Study as a Type I action pursuant to SEQ !ncy". CCG prepared a Draft Generic Envi ich was accepted by the Town Board. A ~ was held on May 6 1999and the written,comment period~,.E 1999. The comments rece red at the public hearing and the currently being rev:iewedby CCG. The reason an extension of the Route 48 moratorium is necessary is that extensive work and planning has already taken place, to complete the SEQR p~C%s as tothe RoUte 48 SEQR process is complete and the ROute 48 'Study, while, as set forth additional time~ is Study. Further, with any revision process, is recommendations proposing Board will need from either general public by" the Town Board, CCG and based on the Town Code of the Town time to consider any Town Code revisi ns and time to act on those: appropriate, Due ~ :th,e economic Southold and ~peCifica ly along the Route 48 the temporary r~c~at~°rium as set forth in the Local LaWi~ # 18-1998 will be je~ardized if the temporary moratori[ QR site specific as well as The. Town ; and/or it considers the Town of extended'. Section 2. ENACTMENT OF TEMPORARY MORATORIUM Until ninety (90) days 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 ~bard dudng said ninety (90) day period, no'agency, board, board officer or e~ploYee of the Town of Southold including, bUt not limited to, the Town BOard, the Zoning Board of Appeals, the Trus~eeSl the Planning Board, or the BUii~ing 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 anyof 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) governing the Limited Business 100-101~ (c) governing the ~1~ (A) ('3') -(1:5) and ~t Industrial D 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 Corrido¢' 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 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 pot[ion 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 and shall expire and be deemed repealed ninety (90) days from the date of filing. 'Local Law Filing. N~_ .~/YORK STATE DEPARTMENT OF STATE 41 STATE STREET, 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 to indicate new matter. ~RY< of .............................. _S..o..u_ _t_h_ _o_ ! _d_ .............................................. Town Local Law No ................ _5_ ................... of the year 19__9_9_ A local law ~-i-n-~-B-e-[-a-t~i-9-n-..-t-~-~-a..~-n-.e--t~-~p--a-y-..[-x-t-~.~-~J~-9Lxb~..T~mv~r-~r~-g9.r~.~r.~um o_n__t_h _e_ _J.s__s_ U_a__n_c__e__ _gL_ _6~_r_o__v__a_ts__ _ _a_ _n~_ /_ _o_ r_ ___p_e. nm_{ _t_s__ _far_ _ B_u_ _s_ i _n_e_s__s_ _ __Z_o__n__e__d_ .... _py_ .o_p._e_r_.ty._. _A_ Lo. _n_~ __t_ h_e._B_o..u. _t.e_ __ _~3_ __C_ ~ r_rj ~ r._ j~_ _ ~3~_.T 9_~ n _._o_f., .s. _o_ .u..t.h. _o_ Ld. ....... the Be it enacted by the ............................. .,.~.~L'.'..~-?-~ ......................................... ~1~ of .................................... _S__o__u__t.h__o__l_d_ ........................................ as follows: Town Section 1. PURPOSE The Town Board of the Town of Southold adopted Local Law No. 15- 1998 establishing a nine (9) month temporary moratorium on the Issuance of Approvals and/or Permits for Business Zoned Property Along The Route 48 Corridor in the Town of Southold from the Riverhead/Southold Town line on county Route 48 extending east to the intersection of Route 48 and Route 25. Local Law No~ 15-1998 became effective on September 8, 1998 and expires on June 9, 1999. In addition, the Town Board of the Town of Southold adopted Local Law No. 18-1998 establishing a nine (9) month temporary moratorium on the Issuance of Approvals and/or Permits for Business Zoned Property Along the area from the intersection of Route 48 and Route 25 extending east to the intersection of Route 25 and Manhanset Avenue in Greenport. Local Law No. 18-1998 became effective on October 22, 1998 and is set to expire on July 22, 1999. The moratorium was designed to allow time to review the existing business and industrial zoning and implement land use controls to protect the character of the Route 48 Corridor specifically and the Town of Southold in general. After the enactment of the temporary moratorium the Town Board retained the services of Cramer Consulting Group ("CCG") which specializes in "Complete Land Use Services- Including Planning, Design and Environmental" for consulting services to make recommendations as to any necessary and appropriate changes to the future land use patterns along Route 48. COG was (If additional space is needed, attach pages the same size as this sheet, and number each.) r~-2~9 ~. ~a) (1) retained to undertak ,_a detailed investigation of the co~..¢,,~ercial and industrial zoning along the Route 48 corridor. The goat of the investigations was to establish a set of land use recommendations to protect and preserve the integrity of the Route 48 character while maintaining the economic viability of the entire region. Such recommendations are to be based on detailed analysis and documentation. The scope of services to be provided by CCG include a review of existing plans and StUdies for relevance to the Route 48 Corridor; conducting a detailed inventory through the use of existing maps, aedal photography and field visits. The inventory will include, but not be limited to, physical setting, existing land use on. and/or surrounding the site, potential land uses, habitats, cultura resources, views and vistas,-zoning, as appropriate; and the preparation of an Implementation Plan that summarizes the previous plan and provides general recommenda;~ions for geographic areas along the Route 48 corridor. The implementation ~plan will include such information as existing settings, potential impacts and alternatives, In addition to the implementation plan CCG will provide a series of site specific recommendations developed and based on the implementation ,,plan. These site specific recommendations will include appropriate maps, Croperty owner information, mailings and other relevant information so that the Town Board may set public hearings and consider site- specific recommendations. CCG's work includes a review of the Town Code of the Town of SoutholU including suggested revisions necessary to achieve the goals of the implementation plan including outlines of new draft codes for the Town Board's consideration. CCG's job also includes SEQR compliance with respect to both the I~plementation Plan and the Site Specifi,,c, recommendations. CCG submitte~d the proposed Implementation Plan ('Route 48 Study") to the Town Board on 'April 20, 1999. The Town Board classified the Route 48 Study as a Type I aCtion pursuant to SEQR and declared itself a "Lead Agency". CCG prepared a Dr~af..t Generic Environmental Impact Study (("DGEIS") which was accepted by the~ Town Board. A SEQR pubhc heanng on the DGEIS was held on May 6, 199~ and the wdtten comment Period ended on May 2O, 1 999. The comments received at the public hearing and the written comments are currently being re¥ie~vbd by CCG. The reason while, as set forth a additional time is n Study. Further, aftt with any revisions s process, is adopte recommendations proposing changes Board will need bott Town Code revisioi appropriate. Due Southold and speci' the temporary mora # 18-1998 will be jo extension of the Route 48 moratorium is necessary is that ce, extensive work and planning has already taken place, eded to complete the SEQR process as to the Route 48 !r the SEQR process is complete and the Route 48 Study ~emming from either general public input or from the SEQR . by the Town Board, CCG will be submitting site specific 'pveloped and based on the Route 48 study as we l as ~to the Town Code of the Town of Southold. The Town time to consider any site specific recommendations and/or s and time to act on those recommendations it considers ) the economic and development pressures in the Town of cally along the Route 48 Corridor the goals and purposes of )rium as set forth in the Local Law # 15-1998 and Local Law ~ardized if the temporary moratorium is not extended. Section 2. ENACTM .... T OF TEMPORARY MORATORIU ~' Until ninety (90) days from the effective date of~ti~is 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 said ninety (90) day 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) governing the Limited Business District; 100-101(A)(1 )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 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 Southold. Section 5. AUTHORITY TO SUPERSEDE To the extent and degree any prowsions 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. tb 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 Appea Is for a variance excepting the person's orentity'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 and shall expire and be deemed repealed ninety (90) days from the date of filing. 1¢ (Complete the certti.catlon in the paragraph that applies to h~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 ................._5_ ................. of 199_9____ of the (~YoH~t~(~iXg~t~row?)(~ttI~ of ........................ -~P--u--t-h--°-Ld- ........................... was duly passed by the ............... .Lg..w--n.-.O..o..a.r--q .............. on ...J_.u.O.e_.[l_ ..... 19 9_~_, in accordance with the applicable provisions of law. (Name of Legi,~lat~ve Body) 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 (3lame of Legi~latlve Body) disapproval) by the ............ : ..................................... and was deemed duly adopted on .................. 19 .... , (Elective Chlef Execu~vt 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)(Village) 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 law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on ..................19----, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was fled requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the (C0unty)(City)(Town)(Village) of ................................................................. was duly.passed by the .................................................. on .................. 19----, and was (approved)(not approved)(repassed after (Name ~f Leg~lative Body) disapproval) by the .................................................. on .................. 19 .... Such local law was subject to (Rtt~t~ clatlB~tc~ti~ Olf~n~*) permissive referendum and no valid l~tition requesting such re£erendum 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 n town where such officer is vested with the power to approve or veto local laws or ordinance 5, (City local law concernlng'~harter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 of the City o£ ............................................. having been submitted to referendum pmsuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(geneml) 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 o£ section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qu. alified 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, ..... .1 ..... , above. Clerk o[ thc ~m(aty legislative body, ~ity, Tow{[ o~ V~ll~g¢ Clerk--/ or officer d~signated by local legislative body ~- Elizabeth A. Neville, Town Clerk (Seal) Date: 6 / 9~/99 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK cotmrr~ oF SUFFOLK ['atvh: bUeendne~dgno;dt'a~eerne fobYr tC~ertieL'chtamt te~ of~ tr~egO~ongcall~CO. . rrect text,nd that all. proper_ proceedings Gregory F. Yakaboski. Eso. Town Attnrnoy Title - ' : X~< of Town Date: 6/~/99 Southold (3) ALEXANDER f. TREADWELL SECRETARY OF STATE STATE Of NEW YORK DEPARTMENT OF STATE ALBANY, NY 122~ 1-0OO1 RECEIVED JUN 2 ELIZABETH A. NEVILLE TOWN HALL 53095 MAIN ROAD SOUTHOLD, NY 11971 June 17, 1999 RE: Town of Southold, Local Law 5, 1999, filed 06/14/99 The above referenced material was received and filed by this office as indicated. law filing forms will be forwarded upon request. Additional local Sincerely, Jamce G. Durfee Principal File Clerk Bureau of State Records (518) 474-2755 JGD :mi printed on recycled paper PUBLIC HEARING SOUTHOLD TOWN BOARD JUNE 8, 1999 5:05 P.M. ON A PROPOSED "LOCAL LAW IN RELATION TO A NINETY DAY EXTENSION OF THE TEMPORARY MORATORIUM ON THE ISSUANCE OF APPROVALS AND/OR PERMITS FOR BUSINESS ZONED PROPERTY ALONG THE ROUTE L~8 CORRIDOR 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: We will move on to the next hearing, which is a Local Law in Relation to a Ninety Day Extension of the Temporary Moratorium, and the official notice will be read by Councilman Moore. 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 25th day of May, 1999, a Local Law entitled "A Local Law in Relation to a Ninety Day Extension of the Temporary Moratorium on the Issuance of Approvals and/or permits for Business Zoned property along the Route ~8 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 8th day of June, at 5:(J5 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Amending Certain Sections of Chapter 100, entitled "Zoning Code of the Town Code of the Town of Southold for a Ninety Day Extension of the Temporary Moratorium on the Issuance of Approvals and/or Permits for Business Zoned Property Along the Route 118 Corridor in the Town of Southold" reads as follows: Ninety Day Extension of the Temporary Moratorium on the Issuance of Approvals and/or Permits for Business Zoned Property Along the Route 48 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 of the Town of Southold adopted Local Law No. 15~ 1998 establishing a nine (9) month temporary moratorium on the Issuance of Approvals and/or Permits for Business Zoned Property Along The Route 48 Corridor in the'Town of SOuthold from the Riverhead/southold Town line on county Route 48 extending east to the intersection of Route 48 and Route 25. Local Law No. 15-1998 became effective on September 8, 1998 and expires on June 9, 1999. In addition, the Town Board of the Town of Southold adopted Local Law No. 18-1998 establishing a nine (9) month temporary moratorium on the Issuance of Approvals and/or Permits for Busin.ess Zoned Property Along the area from the intersection of Route 48 and Route 25 extending east to the intersection of Route 25 and Manhasset Avenue in Greenport. Local Law No. 18-1998 became effective on October 22, 1998 and is set to expire on July 22, 1999, The moratorium was designed to allow time to review the existing business and industrial zoning and implement land use controls to protect the character of the Route 48 Corridor specifically and the Town of Southold in general. After the enactment of the temporary moratorium the Town Board retained the services of Cramer Consulting Group ("CCG") which specializes in "Complete Land Use Services- Including Planning, Design and Environmental" for consulting services to make recommendations as to any necessary and appropriate changes to the future land use patterns along. Route 48. CCG was pg 3 - PH .... retained to undertake a detailed investigation of the commercial and industrial zoning along the Route 48 corridor. The goal of the investigations was to establish a set of land use recommendations to protect and preserve the integrity of the Route 48 character while maintaining the economic viability of the entire region. Such recommendations are to be based on detailed analysis and documentation. The scope of services to be provided by CCG include a review of existing plans and studies for relevance to the Route 48 Corridor;, conducting a detailed inventory through the use of existing maps, aerial photography and field visits. The inventory will include, b~t not be limited to, physical setting, existing land use on and/or surrounding the site, potential land uses, habitats, cultural resources, views and vistas, zoning, as appropriate; and the preparation of an Implementation Plan that summarizes the previous plan and provides general recommendations for geographic areas along the Route 48 corridor. The implementation plan will include such information as existing settings, potential impacts and altematives. In addition to the implementation plan CCG will provide a series of site. specific recommendations developed and based on the implementation plan. These site specific recommendations will include appropriate maps, property owner information, (n~ilings and other relevant information so that the Town Board may set public hearings and consider site- specific-recommendations. CCG's work includes a review of the Town Code of the Town of Southold including suggested revisions necessary to achieve the pg 8 - PH goals of the implementation plan including outlines of new draft codes for the Town Board's consideration. CCG's job also includes SEQR compliance with respect to both the Implementation Plan and the Site Specific recommendations. CCG submitted the proposed Implementation Plan ("Route 48 Study") to the Town Board on April 20, 1999. The Town Board classified the Route 48 ' Study as a Type I action pursuant to SEQR and declared itself a "Lead Agency". CCG prepared a Draft Generic Environmental Impact Study (("DGEIS") which was accepted by the Town Board. A SEQR public hearing on the DGEIS was held on May 6, 1999 and the written comment period ended on May 20, 1999. The comments received at the public hearing and the written comments are currently being reviewed by CCG. The reason an extension of the Route 48 moratorium is necessary is that while, as set forth above, extensive work and planning has already taken place, additional time is needed to complete the SEQR process as to the Route 48 Study. Further, after the SEQR process is complete and the Route 48 Study, with any revisions stemming from either general public input or from the SEQR process, is adopted by the Town Board, CCG will be submitting site specific recommendations developed and based on the Route 48 study as well as proposing changes to the Town Code of the Town of Southold. The Town Board will need both time to consider any site specific recommendations and/or Town Code revisions and time to act on those recommendations it considers ' pg 5 - PH appropriate. Due to the economic and development pressures in the Town of Southold and specifically alongthe Route 48 Corridor the goals and purposes of the temporary moratorium as set forth in the Local Law # 15-1998 and Local Law # 18-1998 will be ~jeopardized if the temporary moratorium is not extended. Section 2. ENACTMENT OF TEMPORARY MORATORIUM Until ninety (90) days 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 said ninety (90) day 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) governing the Limited Business District; 100-101 (A)(1) through (11 ) and (B) and (C) goveming 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. pg 6 - PH ~- " Section 3. DEFINITION OF "ROUTE 48 CORRIDOR" The "Route 48 Corrido¢' 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 alt permits required for construction of a building on any property located in the Route 48 corridor including later aplalications to repair or alter, but not enlarge, any such building otherwise prohilSited 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. pg ? - PH 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, 27;4-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 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 and shall expire and be deemed repealed ninety (90) days from the date of filing. pg 8 - PH By Order of the Town Board of the Town of Southold, Southold, New York. Dated: May 25, 1999. Elizabeth A. Neville. Southold Town Clerk." I have proof of publication in The Suffolk Times, notice that it was posted on the Town Clerk's Bulletin Board, a letter from the Suffolk County Planning Commission saying it is a matter of local determination. Another one here from the Southold Town Planning Board recommending adoption of this Local Law extending adoption of this temporary moratorium. There is no correspondence. SUPERVISOR COCHRAN: Thank you, Councilman. Is there anyone that would like to address the Town Board, either pro or con, in relation to the extension of the Route 48 moratorium for a period of ninety days? Who would like to address the Town Board? Mr. Melnke? HOWARD MEINKE: Howard Meinke speaking for the North Fork Environmental Council. The moratorium was passed quite some months ago, and it was apparently considered a good idea then. We certainly thought it was, because what was happening on Route 48 needs to be addressed. There have been., wha~, I guess you could call inevitable delays and timing to get the planning dO;ne. I think it is good idea. I think it should be extended, so that the ground rules are established, and the Town Board has an opportunity to present actual activities that they would llke to pursue on Route 48, thereby directing the debate to individual parcels, individuals actions, and not just. sparring with ghosts, so I think it is important to do that. Thank you. JOHN ROONEY: I would second what has just been said. I think that this kind of planning is extremely important to the health and the preservation of the environment of the town, and I think extra time taken certainly seems extremely prudent to extend, so that we do have time to consider our future, because I think it is a crossroads, and we have a chance here to really do a lot for the future of the town, so I would second the comment that was just made. SUPERVISOR COCHRAN: Anyone else like to address the Town BOard in relation to the extension of the moratorium? TIPPY CASE: I am Tippy Case in Southold. I would like to add my, yes, to the idea of extending the Route ~,8 moratorium. I think it is an extremely important issue. It needs to come to a conclusion, and it needs the time to be studied, a careful study, because I just think the idea of clustering businesses around the hamlet is vital to our preservation of our town as it is now. Thank you. SUPERVISOR COCHRAN: Thank you, ma'am. Anyone else like to address the Town Board? FRANK WILLS: Frank Wills, Mattituck. I am a little bit confused. I thought the moratorium has been established, and now you were waiting for the final report of the study of 48 as to specific instances as to what is recommended or not. If I am not correct please let me know, but I obviously urge the moratorium so that, in deed, this time with the facts presented in the report of all of the other thirty odd studies down in the pg 9 - PH basement. A final definite decision can finally be made to, I would say control, limit, so forth the growth on 48, and on 25, too, and why not Pec0nic Bay Boulevard, because you never know you apply pressure in one area, it will go someplace else, so I urge you to continue this, in fact to extend the moratorium, but then study the facts and act on it. Thank you. SUPERVISOR COCHRAN: That is the direction we are taking, sir. We find that we need some additional time. Anyone else llke to address the Town Board, either pro or con? LAUREN GRANT: My name is Lauren Grant. I live in New Suffolk. One of the things that bring so many people to our area are the open spaces, and the ability to drive along the road after coming out of the madness of Manhattan, across the craziness of the Middle Island, where the growth has been so extraordinary, and to me not very well thought out, and to have the extra time at Board meetings to consider what should be done with Route ~8, and what should not be done with Route u,8, is imperative. I am very disappointed in the business community of this town from the things I ha~e read. I was not able to be present at the last meeting~ but the things I have read about Stalism and withholding, because they don't want you to vote a certain way, I can't believe that this has been said in the Town of Southold, and I find it very discouraging, and very sad, for kids who hear about it when good values are supposed to instilled. So, I approve very heartily of the idea of extending the moratorium. Thank you. SUPERVISOR COCHRAI~I: Anyone else like to address the Town Board? consider some of the in the room last nig[ agreed, there was proposal for the Sce~ important things I things in press I wot meetings, so that peo views. There are lots open space preservati impllcations· that I JIM GRATHWOHL: J;im Grathwohl. I wear a couple of hats. I am Chairman of the Old House Board of Trustees in Cutchogue, and I am Chairman of the North Fork Heritage Alliance, but I am speaking more as an interested resldentliand taxpayer. A number of us here this afternoon, we were here last ri'ight at a meeting for the Scenic Byways, and I hope..and as far as I am concerned the extension of the moratorium is fine if needed, but I hope you as you consider the Route ~8 moratorium will )ther studies that have been done, because everyone I~, and you very soon will be getting a resolution, one nay vote, it was a unanimous vote that the c Byways legislation be submitted as is. One of the ink we missed. Most of what I know about these Id recommend very strongly that you have community ~le, the pros and cons can sit down, and express the ~f things that people don't understand the benefits of on, historic preservation. There are bottom llne tax ~ink that many people realize that if they preserve their property be it open space, or scenic byways, there is a bottom line benefit that they can get, and we are not communicating those things. So, as I am sure you woc~lld agree poor communications I think are the route of all evil, not money, ~.oor communications. Effective communications, when you work' together I ~hlnk you will get a majority, certainly not 100% of the taxpayers, the resided, ts of Southold behind you, and I would dare say that there is not one of ~is who does not want to preserve the quality of life that we have. Some of us have to give a little in order to maintain that, but I think when we Yealize what the end of result is we will be very glad pg 10 - PH to do that, and I would put my money where my mouth is. My business is communications. If I can help you in any way put together community forums, speakers bureaus, articles in the paper, I will be very glad to do that, but I underscore the fact I think we need better communications. I kind of think we have one side of the room over here, us's, and the them's over there, and we are not talking, and if we put everything on the table, give a little, take a little, we will all be much happier. Thank you. SUPERVISOR COCHRAN: Thank you, Jim. RUTH OLIVA: Ruth Oliva, Orient. To follow up a little what Jim was saying, and something that I was think about, I am not against extending the moratorium, but I am disappointed, and I will tell you why. Months ago you enacted the moratorium. The report was supposed to be in February. I thought, gee, that's great. At that time you will have plenty of time to have informational meetings, sit down and talk so it is not one side against the other side, but sit and work out the compromises, the pros and the cons, and how we achieve this. March came, and there was no report. Then April came, and there was a report, but the report, I was disappointed, because .it was a reiteration of every study or conversation that had been done in the past eighteen years. Now, we want to go ahead and enact a moratorium. I think that is great. It will come just at a time when it won't be that :time for that communications that Jim is talking about of the pros and the cons, and sitting down with everybody, and having good informational meetings, because everybody is going to be on a political grandstand, and that is what worries me, because if the composition of the Board has changes, then there may be no more conservation, and that would be the greatest disappointment of all. So, I just urge when it does come let's put the politics aside, and really sit down, because I hate to see the business community, and the environmentalists on opposite sides. I want to see them working together. SUPERVISOR COCHRAN: Mrs. Wacker? Anyone else like to address the Town Board? RONNIE WACKER: Ronnie Wacker, Cutchogue. I want to first of all congratulate the Board for having brought this to a head with the study. I know everybody is at odds about it, but nevertheless we are talking about it, and this is good. I hope to repeat what Jim said before. I was distressed at the public hearing a couple of weeks ago. It was a we against them attitude, because the fact that we are all here shows that everybody in town is concerned about what is going on. We all want to see a town that is fit to live in. You wonder how many people here remember that Route 58 was proposed as a bypass for the business section in Riverhead. Well, now it is the business section in Riverhead, and we don't want this to happen here. So, I think if we can possibly come together, maybe a committee of people who represent both sides, but come together to cooperate and compromise, because both sides have to give a little, but we have to come together to figure what it is we want Southold to be. Do we want it to be another Route 58, I mean 48 to be another 58? Well, okay, then we have got to put the rules and regulations in effect for that, but I don't think that is what we want, and I think we have to sit down and talk about it. Thank you. pg 11 - PH SUPERVISOR COCHRAN:i Thank you for comments, Ronnie. ELIZABETH KRUK: I am Elizabeth Kruk. I am from Natural Images Irrigation on Route L[8 in Peconlc right next to the famous Latham property now. First off I want ~co Enow exactly what kind of time limit you put on researching this moratorium, and I would llke to know what time frame it has? I listen to all the sides, and I can tell you as a business owner, and that being my only income out of there, I am a little disgusted at the attention .given to either rezoning, or changing of use On Ro~Jte [[8. Route [[8 is not going be Route 58. It iust isn't. Well, there ~has been a 10t' of vacancy e~erYwhere, and t~o have viable businesses in this town I think that you ha;ye to work with us, as a business Community more than anyone else. SUPERVISOR COCHRAN: Ladies and gentlemen, please, you are all entitled to a fair chance at the mike, so please continue. ELIZABETH KRUK: So, since I fell into the gap of coming here a few years ago, and then having this whole thing happen right at the forefront of my business I find that this moratorium being made longer is probably just going to cause me more...I mean I would llke to Enow if there is a prayer's chance that we are going to be able to operate our business as we need to on ~that piece Of property? So far what I get is that, yes, we can run a business out of there, or we are in violation, which I have written to you, and told you that. Mr. Ed Forrester was on my land, because he was next door looking a Latham's. Now, we have CO, and we have a landscape company running out of there. I am an irrigation company. I have a home office up on Koke Drive in Southol'd. I even work out of there, yet I am in violation of something., and I have tried to find out why. I have called, and I have written, and I still don't really Enow. SUPERVISOR COCHRAN: Would you like to come in tomorrow, and we will find out what you are in violation of, if you are in violation? ELIZABETH KRUK: That would be nice, if that could happen. All I can say is everybody has got to work together on this. We are from here. This is our home. I was born and bred here, so I am not looking to destroy anything, but I am looking to make a living, and I don't think it to fair to confuse those two issues. You can preserve as much open space as you want, but let me tell you something after being absent from this area for my college education, when I came back here I cried. I don't want to have to do-that again. Even though it pertains to my livelihood I really don't want to see having a 58 corridor created here, but I really ~don't think we are even.. The reality of it is, is that a four lane highway which was determined to be the extension of the expressway, and still is on maps, what are you going to do with that piece of property? Are we going lose out because we happened to be stupid enough to buy there to run a business? I wonder if both sides of the coin can't be seen, and that is really the confusion for me as a business owner. SUPERVISOR COCHRAN: Thank you for your comments. Anyone else llke to address the Town Board? Anyone else? We are here to take your input in relation to this topic. pg 12 - PH JOE LIZEWSKI: I think what Mr. Grathwohl said is pretty true. I think the communications in this instance you will find that the business community does not want to see a sprawl on Route ~8. They just want fair value for their property, and they don't want it to be taken from them without a decent trade-off. They also want to know where they can go when the property value can be taken. It is a matter of property rights. People invest in property. I don't think there is one person sitting here who feels that business, is unimportant if they had a piece of property that paid a quarter of mil i0n dollars for, that was supposed to be zonedI for a ~:ertain type of business Would want to give that up without having some type of in their favor. I don't think the b~slness community re~ see It8 developed like 58. Anybody who is in business, again, Can look back and see how SUnrise Highway ruined the hamlets of Pat~h°gue, Bayshore, Sayville. It doesn't take ~nuch to see what happens Sunrise Highway was developed, but that is not What it is about for businessman's community. 'It is about where we are going to what it is going to cost us. If you are going to take and change zones on us, or take away the value of what we invested in, we to go, or we need to be given at least a fair value for what is like in the Jones' study there was 2,800 lots they didn't want to her. Again, I don't tl~inl< there is a Person sitting in this room the environmental sector, if they had bought one of those lots for one Of their children, or their grandcl~ildren, to live on, liike to find out now .under that study they would h~ve.~ to go out and buy two acres of farmland or something like that to Sterilize so that their children now could bu~iild on ~heir land and pay for it twice. So, it is a matter of fairness and=.':these studies don't really put us always in conflict, but the method of which they address the problems seems to be more of a Problem to us, than solving the problem. In other WOr~S there are things that are going to be ~Gt in place are really a worry. I ~l°n't think, again, the business communit~y wants to see anything destroyed, and the small businessman is not t.h~= paver and developer of th,s: town. He ,s the guy who has got a litt e c~Siness in this town, and he is straggling to survive, and pay his school and really belong here. He has sweat equity in this town, real sweat '. He doesn't make his money outside the town. He has t(; depend on ~: lot of these folks to llve, so he i~s not out to create ~8 into a 58. He wanly{ what is his, and he wants a: chance to..he bought his property, he waht~~ a chance to get fair enumeratioh. He doesn't want tO lose what he has ~rked his whole life for to be toldi it' is not going to have any value when I~e is done. These programs have an awful lot of that in, that some of thesd studies really get into that. Agai=~n, the TDR's were t put in place, he 2o t~a~, as our Supervisor said. A lot of these programs are based on TDR's again. There is an awful lot more to this than just open space and vistas. There is nobody that loves open space and vistas more than the people who work and llve here, and the businessmen are among those people. I. know I moved out here because I'was brought up on a potato farm in Port Jefferson. My childhood was wonderful, because I never saw many cars going by. We were insulated, and it was beautiful. I came here because ~f~'that, the same atmosphere that I was brought up with. To take people!s property r~ghts away, and not be given fair enumeration for it is really the issue with most of the businesspeople. They want to know, and they don't want to be picked out as indiv,iduals, because in this case ~ve are all for one, and one for all, because if it can happen to one of us it can happen to someone else, and we feel that it can pg 13 - PH ....... also happen on Route: 25. The way that this will be done, and the mechanism that will do whatever needs to be done on 48 will become law in this town, it will be put on to Route 25 with the rest of us. It is not a small issue. It is a new way of looking at the way we may want to live. But, I think that both .sides, both sides have to realize what the other side is doing, and what the Other side is talking, because it is not just saving the land it is the taking of the land, that upsets business people. Businesspeople have to:have a place to go if you are going to take and try to sterilize that cot If you are going to pas~ I~ws that make it impossible for I what they already own, that is another way of taking their land. you can say we're go~ng to have a certain size bUiilding on this or a certain size setback and in effect make it so a busines ~en use that land on the law that you passed. So there are a lot'of things that are on stake here, and I don~t think that the people in this audience, who are now representing the vista point of view would want it done to them. I just don~t think t~at ~they realize how it is done, and it is always nice to look ~0P part of it, but in case this is a 56 page study. It wa by our own own. It was a consultant. It is our and the eople WhO W ] to make the decision on thi~, and .nat Cramer, or anybOdY else. have to listen and look have to agree with the man who we have to have more and I really believe that. I think that the differences are that as far as the final result goes. :lit is just how we get there, of how it is going to be moved. T~e Town has tremendous imp with t~he laws they now have to change zoning. The Town Board an give zone changes. There is Planning that~~ worked very hard with this. There is the Zoning Board of Appeals. It~ has a lot of tools, that it has developed over the years, so it doesn't have to take an attack of the entire area. It can take an area llke 48 apart almost piece by piece if it wants te do. So, the alarm of the business community is not one of that we want ;to take it, take away the vistas and the beauty. That is what we llve~ here for. How are we going to do it, and are we going to have fai~r enumeration for our p~operty, and are you going to find another place to~ pu~t us? I mean it is nice to say, you know, we don't want that bulldoz,6r ~u~ ~here, but how many places can we pdt that bulldozer? There are many left. You know we have a Home Occupa[ion Law, that some places sh~Ou d! be 'looked upon on zoning a whole community oUt, but you haven't pr6vlCl~d! places for those people who work out e~f, their homes. These people I~ve here, and they still want to stay here, and they want to make a living here, That is the part that has tO be resolved. I mean you can have the vis~as, but we still have to live here. We still have to make a living here. we halve to service these people that want these vistas, so I think more communication, and maybe some sit downs between some people that are for and against this thing, and looking over this study, and head on by some of these people would probably bring about some good for this community. Thank you very much. SUPERVISOR COCHRAN: Thank you, Joe. Is there anyone else that would like to address the Town Board? FREDDIE WACHSBERGER: I apologize. I came a little late, so this might have been addressed, but it is actually more of a question than anything. Talking about the rate of vacancy of some of the commercial buildings, about twenty years ago when some of these were going up there had been pg 14- PH ..... no marketing research done to actually identify how many retail places, or how many commercial buildings would really be needed over the next few years, and for that reason I think a lot of these places have never been filled, and I wondered whether part of the study during the extension of the moratorium which would include some kind of economic study which predict, and perhaps come up with some plan for phasing in whatever retail or commercial structures might be needed, and some determination where in the Town they Would best be located, which would eliminate the rush to construct that took place twenty years ago. SUPERVISOR COCHRAN: Thank you. Mrs. Wacker? RONNIE WACKER: Ronnie Wacker, again. All I wanted to say is that I agree with Joe Lizewski. As a member of the vista set, the ones who want to see all the old space, I think he is absolutely right to get both sides together to talk about what each one can give. Thank you. SUPERVISOR COCHRAN: Anyone else like to address the Town Board? KATHLEEN GRASECK: I am Kathleen Graseck, and I just wanted to let you all know sometimes the businesses that are handed down from father to son, that have been here many years, maybe longer than you have in this town, and these people depend on their business, and the resale of their business in order to survive, and I think you have to take that into prospective when you consider rezoning, because anything you do in rezoning actually affects the value and price of this business property. Thank you. SUPERVISOR COCHRAN: Mr. Nickles. JOHN NICKLES, JR.: I am John Nickles, Jr., from Southold. I have to say the most distUrbing part of this meeting about this County Road 48 study. (tape change) I just would like to say that the thing that I find that is missing from this County Road 48 Study is nowhere in there does it say that anybody is going to be compensated for any rights that they might lose from rezoning, or any of this legislated plan. I think that is probably what most business people are upset about. I am in the real estate business on the Main Road. My father and I have a small little business. Our opportunities for expansion are probably decent, but we will probably never do it, because it is a family business, but I feel for people that have property on the North Road, because their rights are taken away from them legislatively I don't know how they will be compensated, but the damage is done to them. In the real estate business I can understand that comes close to the heart. Thanks. SUPERVISOR COCHRAN: Thank you, John. Mr. Meinike? HOWARD MEINIKE: Howard Meinike. I would just like to say one thing. I think Joe Lizewskl was talking about vista people, and the environmentalists, and I felt that he might have been talking at us, and actually a lot of what he says is right. We have not supported taking people's property without some compensation, things of that sort. What we have been fighting very much against is throwing out studies without going into the detail of what the implementation of the study would entail. They pg 15 - PH all may get thrown out after you do that stage, but intelligent people do that stage, they don~t throw it out first, and rvlr. Lizewski's comments that we should sit down together, that is, I think, a very good idea. We would like to do that. We, and you, and the business community would very much like to do that, but I think that it makes a little more sense when some of the actions to support the study comes out of the Code Committee or the Town Board, because I feel as though we are all in the dark. I mean people are saying theme is nothing about compensation, maybe there is, maybe there isn't. I really don~t know. I don't: think they know, but they are protecting their backside by shooting at any target that looks like it would hurt. That is understandable. But, I think, yes, there should be discussion, but I am not sure that we are ready rigPit tomorrow to have a discussion with Joe Lizewski, but I would certainly like to have it, and be part of it. I mean we. all live in the~.same place. I think we do want the same things. I think :it is a difference in apl~roach~ :because I certainly feel that you have to work on the study, and you have to address the problem, and wasteb, asketing the study because you think it has ~)roblems, we don't think it is the way, to go, and we ultimately might put the study in the Wastebasket, but I think you have to do those steps first, and if the Town Boated' starts to do those steps we would certainly like to set up an organized p~Ocedure to meet with as some people would like to think, our side and their side, and try to make sense out of it, because that is the way it will work, and it should not be adversarial, and doesn't have to be adversarial. Thank you. JOAN ROBERTS: Joan Roberts from New Suffolk. I think conversation is way down the road, but I would like to remind us that quite a number of years ago Mr. Koppleman told us that this was going to cost us money if we didn't want 58 out here. (tape change) JOHN RAUSCH: Wha~ I hear here is something that I hadn't really expected to hear, but it sounds like neither, quote, side really understands what the objectives of the other side, or the worries of the other side are. There are various ways of resolving conflict, and I just wondered if we sat down and not just congregate our own side, but find out what the opposite side has to say, and to understand it. If we couldn't begin not even a conflict resolution through this issue, but for many of the other issues that have faced Southold in the past, and surely will continue to face us in the future. SUPERVISOR COCHRAN: Thank you. Yes, sir? JOHN ROONEY: John Rooney, Southold, again. In the letter that I have written to the Board, and again, the patience now being shown in the conversation that is going on back and forth, that we not label each other as business or vista people, but as one who leans on the preservation on the side. I think that ones of the things where one of the businesspeople said, where do we go, to another part of town? I think it is extremely important as we go along and do talk, that we really study the value of rehabilitation of existing buildings, both old ones, and new vacant ones, and I said in the letter up here on the North Road, here on the Main Road, so many vacant places where there are business opportunities where a need is seen for business. It appears to me that there are a lot of places where businesses can locate without taking up more land. Every time when I pg 16 - PH drive along Route 58 I look at how Riverhead is fighting with that whole issue with the Home Depot development, and I look across the street where the Suffolk Times is, and I see a vast empty shopping center, that is vacant, and I look at that tarred over parking field, and I say, isn't there some way that enlightened research could sayj hey, if you want to invest in a large scale ShopPing center then look at something that is already there and vacant rather than tearing up land right across the road from it. Just recently in ~'Newsday there was somebody who wrote about a shepping .center being built in Levittown on spec, even in Nassau, in New York City, where, you know, where th~ngs are built on spec where there is no neces'sary need for it, when there is a lot of other p[aces~ both old and new, where there is tremendous opportunity for business inves~cment, rehablng, and then using what already exists, and that way preserve what is still open. SUPERVI:SOR COCHRAN: We call that recycling, and we have been looking at that. Anyone else llke to address the Town Board, because there is a second hearing. It is the same thing, but the first part is from the dual highway down to 25. The second moratorium would be from 25 to Manhasset Avenue. If we can close this part of the hearing, and we can go to the next hearing, because your input will probably be much the same on either part of it. Is there anyone etse who wou:ld llke to address the Town Board in relation to the extension of the moratorium from dual highway down to 25 for a period of ninety days? TOM SAMUELS: Tom Samuels from Cutchogue. I told Ruth I wasn't going to speak but the spirit of this meeting has been so much better than I expected. There seems to be meeting of the minds in recognition of each other's position which is totally excellent. I spent an hour with Howard Melnke on my patio the other day, and we had a long discussion, and I found it very useful, and very worthwhile. I think we have to just sit back and recognize where we are all coming from. There are solutions to every problem. Just take leadership and time, and I guess you would have to say compromise, because there will be some compromises. There is in almost everything. But, the recognition of each side today. I am impressed in particularly by Ronnie, and Howard, ~and Jim Grathwohl. We can do a lot. We can do a lot, and we can keep the fire down and talk together, I think we will achieve the goals we want. I am glad to see Lauren and Tippy, my old dental patients still around. It is a good meeting. I think we have done a lot today. SUPERVISOR COCHRAN: I would like to move on, if we may. To be able to reach the point where we have specifics we have to extend the moratorium. This is support we need today. Once it is extended and finally get the specifics of the report then we know what we are talking about, then we can look at Lt8, and see what changes are being proposed, and what should be done. Then we will also know where compromise has to take place, give and take. So, if I may, if there is anyone else that would like to address the Town Board on the extension, which is part of where we have to go now. We are not going to throw it in the garbage pail. pg 17 - PH _. JOHN RAUSCH: John Rausch, Southold. I had presumed that I know that they were treated differently originally. I had presumed that by now it WaS all joined up. I certainly urge that we extend it east of the blinker light, which is I think what you are talking about. SUPERVISOR COCHRAN: That is the next hearing. So, we want to close this one, so we can get to that one, too. FRANK WILLS: May I quickly ask for a clarification. Why two separate, when in the report it went all the way from Riverhead, Southold Township to Manhasset Avenue? Why all of a sudden is there two? I am puzzled. SUPERVISOR COCHRAN: Bill is handling this. COUNCILMAN MOORE: I will try to de-befuddle you. We did the initial moratorium out to the flashing light at the old Porky's. After that was published, and presented, and went forward it was suggested by the Planning Board, in fact they suggested in the course of their recommendations with regard to that moratorium study that we extend it. So, we did a second Local Law extending the geographic area of the moratorium from the flashing at the old Porky's out to Manhassett. Two separate Local Laws, that is what happened, two separate Local Laws dealing with two geographically consecutive areas, so we are just simply extending both of them in sync tonight. I am going to suggest to the Board, that we take all the comments made in the first hearing, and just incorporate those into the second hearing, so that these good people don't have to sit and repeat themselves all over again. SUPERVISOR COCHRAN: Okay, is there anyone else that would like to address the Town Board in relation to the extension of the moratorium. SKIP ALBERTSON: My name is Skip Albertson, and I just kind of wanted to extend one comment on to what the gentleman before was talking about. I come back about once a year. I am out in Seattle, Washington, and I am struck by the number of vacant buildings along the Main Road, and I think there is some good examples of what were formally shopping centers. They are formally shopping centers that have been refurbished, and are now extremely attractive buildings. I think the North Fork Bank, my dad was involved with that a little bit, but it is a very attractive building, and I remember just driving along through Mattituck, and a little bit into Riverhead. You know there are a lot of empty buildings, and it seems like that suggestion that the gentleman had earlier might be a frugal one. SUPERVISOR COCHRAN: We try to encourage that recycling. Anyone else llke to address the Town Board? (No response.) If not, we will close the hearing. Southold Town Clerk B],"ordur of Ihe'Conimissioners n.,cs li.:ieu m Ih,: I.;qowing Scclion.,, 'o! Ihe:So,dhold'PArk Districl: ' oI' [hc'im~u Co,~ic v. ilhin Iht follo~- MJchae [~.H ~erm~n Bertani. Secret 'v R¢-itlcrl~i;,! I}i~i;.c~: '100.witB')' ;trld '. 1714-2TMx'27.Ju3 . ' .. ' LEG~{L NOTICE Ik)llowing tlllits will be ;Hiclioned o['l' bv,a~aled,'bkl on I{fitiax; 'Jun~ · Libml¥Self.~ tlc Ltd.. . Unit ~4(~l,:Gehcr~LH6uaehold. . ' Mqniqu.e'blii~'unahi~'J{O. Box . .~42~.Gciier~l'Rouschbld: · Nfigan "Sol61'4kv; ~O. '. B6x: 364. . 1{[111.~63~. ~enera,] ] JouseboJd ' '. $URJ~US.EQUIPMEN'F · : Please,:take notic~"lhfit p~'rsuanc , ,Io ;~ rgsolulion .dt.fhe =l~g~ard.oF Ei?e '.. · Conimis~6nL, r~ ~I:.UW Soui'hold. [:'irc ' ' District. 591'f91k.Coufity; Nc~. York. ' one P~5 'Max~m mml~f Eas. bcun decJhrcd supples: cquipmbnt.' The . purclume~ z~.r~movc,ahv'~ad ull sig- ~oli~hbjg bJd~ 'l'u~ zhis pie~: ~ff fire ' Sualcd':hJds h~' thupu{~ha~ o~' ' Ihi~.uquq~m~ t ~i[I bu rc~ived al th~ Offic~ of:lhe'..R~ard..o[ Fire com~fig~i~mur~.:al ~ Ibc. fh'elwusc. ' M~in Road Sgbtho d~New..York dine) bn.thc'~l & ) of'Jr ile: 1999. fit . [~pcncd.and rc~d: ~ ud. .' ' All. b[d~.~e~l: hc cluarh" marked rB. ID ON' S[]RPLUS""EOUIp, MI?N~" 'a'n~:.'n~u~l: bd sig'nud nd malcO'in ah'chvclopc · .Ihe'S~ulhold.:Fh.b' Di~tricl, pO Box rcqtnrgd:lo' pa)~ the bKl amou'ni, by certil'icd, chcck', and to lake of Ule.'chUilm~ent, wilhin tkfi.' ( days o1' notil'icatk n: by tl~ S~ b . Thc eqqipmd~l:wdJ'be'sold lo'Uw high~st biddki: In:ca~s where:two or ' Jnorc I)id&~g :sbb n/l: dcfi6caf bids as Ith.thu; price, th~:.lk) d (')f'.Fire Commissionq~ .ma~ ..~611 th~' equip-. menr lo tither.hr such bidd;'rs.:Tbe ' B6ard of.' :;Ei~ Ciam~issi¢~ncrs {es~rves Ih'¢ 'right lo rdjecl ahv ~ t allUids. ' ,". ' ' '" : · ,'l'he.eqbipmdnl is a~ailable t(; b~ ' inspected, dt]riqg ~busi~dss.:ht~i~r~ '18 FrMav):. and ~:is;:qodal'e~ ]at the al~o conu cl, th6.D strict Se~'relarv }J~ O~dcr. oflhc"Bo S.'cdui~ 3. D.I']qNI FI(IN (.Il-' ' c "Roi!lc' lg (kh'ridor7 i~ iml?LO~CJ ~'iill d hLiiJchll~Vor btlil(( ciuln~u in ~1~ u~c or iht land. ~qLlirc. ~IEI~ hlq)Jicalh)n~ to. or dl~ce~ fl'(~i~). 'Lh~.ZOlliq~: Ih)nrd or Api)c.kol H~c Io~n ~r %ulhoJd. (~O')(l~(ii)~d)(3)'aml .S~clion 22 LO ~I()RAIOI~IL M ~cli?~ 267-b(?)(h) hy ~c,~on'(~r'Lhc ZOli~fl~ JhNJl~d of..~[)~eal~ Ibr a ,~ STATE OF NEW YORK) )SS: OF kJe_OL~ ~--- {~ )t{~ C of Mammck, m s~d co~, being d~y sworn, says ~at he/she is P~cip~ clerk of T~ SUFFOLK T~, a weeMy ne~paper, published at MatH~ck, ~ me To~ of Soumold, Coun~ of S~fom ~d S~te of New York, ~d ~at ~e No~ce of w~ch ~e ~ed is a p~ted copy, has been re~- l~ly pub~shed~m s~d Newspaper once each week for ~ ~ee~ sgccessively, co~e~cing on ~e_ k~ day  ~cip~ Clerk Sworn to bede me ~s ~ ~ ~ay of ~~ 1~ ~ NO, ~65572, SUFFOLK OOUN~~ ~O~/SdON ~P~RES AUGUST 31, 19 Jh.'.! OI~ (1115 HF-AK'J~(.i,on:.thc 8th da~ or.lLmC. 1999 m ~:0~ p.m. m, 'lbc'SouLhold lbwn Hail/ ~()9~ Main ~d. Somhold. New York on tilL' LOCal Law c'miflc, d ' "~illelV Dav Ex~ensJq.n ok d~u Rbulc 48: Corridor for Nincr.~ (90) d!~?,. Thc 6ri.,.,imfl temporary mora- '..Iofium v, as c~icblid~cd by [.~'~cal law 15-i998. Copies of the propo~d Local Law cslablishing (~X)Yd; y ux~nsion bf Ifi~ %~p~rar~ Moratorium 011 the I'~suuncc .o'f · Moratorium gl, Fi1 bC ~ckcd'up aL Ih~ ,AppruvaJs and/dr Pcrmals for 'J~lwll C'lcrk~:Office'in Somlod nusinc~4 Zoned Properl) Alon~ thc ' ' ~b~'n l ['i'dl. b~twcen the h'oum. ~1' Roul~.4N'Corrido~ in Ihc'qown of , ~oulhold", As slalcd, i s / :'"'"' ....... :'~h.r .... th~, 'r~,. ~. , .~ ~. ,PropertyAh)nglhe ~..'.~ ~ I ~ ' .'' , '~.~ I: ' '8:(X) a.m. and -1:00 p~m.. ' ' 'D;acd: May25 1999 · ' BY'Ordur of thc'Town Board · ~ of~lh~.~bwn.'of Souiho c Eliz~lb~ih~A'. 'Nc~'~] e'.'~)W~l Clerk STATE OF NEW YORK) )SS: COUNTY O~F S,U~,FOL. K) ~. t.~ ~ k, ~ 1, ~ I I~ of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Tov~ of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regu- larly published in said Newspaper once each week for weeks s. uccessively, on the C~4&- day comme~nqing of ~'V~OI.Lf  f~ Principal Clerk Sworn to before me this /~- ~0.