HomeMy WebLinkAboutLL-1999 #06Local Law Filihg
YORK STATE DEPARTMENT OF STATE
41 STATE STREET. ALBANY, NY 12231
CUse this fmia 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.
County
City of ....................................... __S.o__u_.t_b.o_j.d_ .....................................
Town
Village
Local Law No ................. _6_ .................. of the year 19--0--9--
A local law ~i-n~-R--e~-tj-~--n-~-t-~--a~-N--iB.e-tg~--D~nZ~E--x-~c-e~-~j~n~-~-~e~-X~e~Q£-u£g~-M~£a~n~u m
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Manhanset Avenue in the Town of Southold.
Be it enacted by the .......................... .T..o_.w_B.__B_o.o£~ ............................................ of the
~X of $outhold as follows:
Town ..........................................................................................
Section 1. PURPOSE
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. In addition, 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.
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
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-2~9 (mw. 2,98) (1)
along the Route 48 c~-~dor. The goal of the investigations w~'~-to establish a set of land
use recommendation~,o protect and preserve the integrity .... /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, 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 alternati~,es.
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. 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, e~ensive work and planning has already taken place, additional time is
needed to complete ttie 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 appropriate.
Due to the economic and development pressures in the Town of SoUthold and specifically
along the Route 48 CBrddor the goals and purposes of the temporary moratorium as set
forth in the Local Law # 15-I998 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 he issued any approval,
special exception, variance, site plan, building permit, subdivision, or permit for any of
the following propert~Oses listed in the following sections of'trie Town Code within the
following zoning districts which are located in the Route 48 corridor: 100-6103) and (C)
governing the Resort Residential District; 100-7103) 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 03) 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 03) 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 Manhanset Ave. in the Town of Southold. The "Corridor" shall extend one thousand
feet (1000') noah and one thousand feet (1000') south respectively from the north read
edge and the south edge of State Road 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 con~struction 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 t0(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 poftio~ thereof from the temporary moratorium and
allowing issuance ora permit all in accordance with the provisions of the Southold Town
Code applicable to such use or construction.
lb
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 on July 22, 1999 and shall expire and be deemed
repealed ninety (90) days from its effective date.
(Complete the cert~tfcatlon In the paragraph that applies to t~f6 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 ..............~ .................... of 19-9--9___
--°~e-~!-~-~-~a-~-r!~°-~-n-!!-~----~--.~?fon--J-~-n-9---8- ...... 1~-°-~-.~,~cordance with the applic~;~ed~loYv~s~;~sdo~athw~
(Name of Leg;slative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
[ 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
(Na~nt of Legislative By'y)
disapproval) by the ............ : ..................................... and was deemed duly adopted on .................. 19 .... ,
(Elective Chi~f F. xecutlve Officer*)
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 L¢~latlv~ Body)
disapproval) by the ................................................. ow .................. 19 ..... Such local law was submitted
(Elective Chief Executive
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority
the qualified electors voting thereon at the (general)(special)(annual) election held on .................. 19---- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requeSting
referendum.)
I hereby certify that the local law annexed hereto, 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
(N~rne o[ Legislativ¢ Body)
disapproval) by the .................................................. on .................. 19 -z-. Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed aa of .................. 19----, in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer menns or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances
(City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the City of ............................................. having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a 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 taw annexed hereto, designated as local law No .................................... of 19 ......
of the County of .................................................... State of New York, having been submitted to the electors
at the General Election of November ...................... 19 .... , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote 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.)
(Seal)
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.
~kof~ County legislative body, City, Town or Villag~ Clerk
or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
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
coum'Y OF SUFFOLK
I, the undersigned, hereby certify that the foregoing local law c~o~ains the correct'text and that all proper proceedings
have been had or taken for the enactment of the local la~iex~ hereto.
Signat~r~~~~'~ ~
Greqo['l~. Yakaboski, Esq.. Town Attornay
Title
iX~X of
Town
Date:
6/9/'99
Southold
(3)
ALEXANDER F. TREADWELL
SECRETARY OF STATE
STATE Of New York
DEPARTMENT OF STATE
ALbaNY, NY 12231 -0001
REGEIVED
JUN 2 i ~9
~4 To~.~ Cler~
ELIZABETH A. NEVILLE
TOWN HALL
53095 MAIN ROAD
SOUTHOLD, NY 11971
June 17, 1999
RE: Town of Southold, Local Law 6, 1999, fried 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,
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
printed on recycled paper
PUBLIC HEARING
SOUTHOLD TOWN BOARD
JUNE 8, 1999
5:08 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 48 CORRIDOR FROM THE INTERSECTION OF ROUTE u,8 AND
ROUTE 25 EXTENDING EAST TO THE INTERSECTION OF ROUTE 25 AND
MANHASSET AVENUE IN THE TOWN OF SOUTHOLD"
Present:
SUPERVISOR COCHRAN:
Councilman Romanelli.
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
We will move on to the next hearing read by
COUNCILMAN ROMANELLI: 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 25 Corridor from the intersection of Route 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 Southold Town Hall, 53095 Main Road, Southold,
New York, on the 8th day of June, at 5:08 P.M., at which time all
interested persons will be heard. This proposed "Local Law in Relation to
Amending Certain Section 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 25 Corridor from the intersection
of Route 48 and Route 25 extending east to the intersection of Route 25 and
Manhasset Avenue in the Town of Southold" read.s as follows:
Ninety Day Extension of the Temporary Moratorium on the Issuance of
Approvals and/or Permits for Business Zoned Property Along the Route 25
Corridor from the intersection of Route 25 and Manhasset Avenue in the
Town of Southold.
pg 2 - PH ~
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. 18-1998
establishing a nine (9) month temporary moratorium o~n ~he Issuance of Approvals and/or
Permits for Business Zoned Property Along the area fi.om 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. In addition, 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.
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
pg 3 - PH
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, 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 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 ~ncludes 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 iob 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.
pg ~ - PH
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
Pr°cess is complete and the Route 48 Study, with any revisions stemming fzom 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 appropriate.
Due to the economic and development pressures in the Town of Southold and specifically
along the 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
pg 5 - PH
following zoning districts which bxe located in the Route 48 corridor: 100-61(fl) 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 Indushial 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 State Road 2S
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 cfa building on any property located id 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
pg 6
- PH
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 airy 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 cfa permit all in accordance with the provisions o.fthe 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 on July 22, 1999 and shall expire and be deemed
repealed ninety (90) days from its effective date.
pg 7 - PH
By Order of the Town Board of the Town of Southold, New York. Dated:
May 25, 1999. Elizabeth A. Neville, Southold Town Clerk." I have
affidavits from the Southold Town Planning Board, and Suffolk Planning,
and no correspondence in the file, and also as affidavit that it was posted
on the Town Clerk's Bulletin Board.
SUPERVISOR COCHRAN: You have heard the reading of the Local Law 'in
Relation to the Ninety Day Extension for the Temporary Moratorium from
Route 25 to Manhasset Avenue. Would anyone like to address the Board?
As Bill said we will make it all a part of the same hearing. They are
separate, but we will carry over anything that has been said to date. Is
there anyone else that Would llke to address the Board in addition to what
has already been said?
THERESA TAYLOR: I am Theresa Taylor from Cutchogue. At the risk of
sounding redundant I do want to add my two cents. When I walked in the
back door before, I said, well, should I sit on the bride's side or the
groomls side? I have been at no previous meetings, but I had of course
read the dueling letters in the papers, and so on, and I expected a much
more antagonistic atmosphere. I think it is ~a good sign that there is a
willingness of each side to hear and consider the concerns of the other. As
a number of people before me said, if there is that willingness then it can
happen. That is all I wanted to say. Thank you.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board?
(No response.) If not, we will close this hearing.
Southold Town Clerk
,LEGAL NOTICE
"'ON I,OCAL LAW
P, UB[" ICNOTICE' IS HEREBY
(ii:~.~,g,(fl~b! Ihcre has. hccn prc.~nt-
.ud.to..tlic 'lbwu. B6~rd ol thc Tuwn
of Soutliold. Sulfolk Count): New
Yor~: on:t~ 25th day nf May, 1999.
I.~w in ReMtidn Io A ,Nicely
Extension of. tlt~ Temporary
Moratorium: on I~ .'Js~ann~e of
Apprn~'~ls. an~Io[ 'permits for
B6siuc~s Z'6ned p~erty ~lon~ Ihe
Route. 2~ Cor~dor From the iute~
se~thm, u[ ~oule. ~.~nd' Roule 2~
extendin~'east.lo t~e i~tersection of
the Tuwn o[ ~outhold".
· ~OTICE [S.'I'URTHI':I~ GIVEN
Ihal Lilt '[~;wn Boazd o[ Ihe ITo%n,ol
Southold, will hold.~ public I]egris~
nn. thc alorcsaid: LocaJ La~ al thc
Southold Ibwn H~}I. 53~)5 Main
Rnad.. SouthoM. New 'Y<~rk.'on Lhc
wh~ch.liniC alt hlLeresled
wJII I~e'h¢ard.
This,plopnsed "l.ocal Law in
Ih~iness.Zoa~l P~e~y Alon[~
s~tion o~.~te. ~ and ROlliC~2[
exlemlin~ e~st In the inte~tiqg_{~
R?Lt~'and. MPO.~s~f &~¢Ou~ in
th~ Tpwn of Smtt~(JJd'~ rc~ ds sf31-
Io~:
LOCAL LAW
NO. 1999
Nincly Day Extension nj: thc
'l~n]poraO' Morumrinm tm. thc
. Is%aancc:ol: Ap~ovals and/er
PcrmiLs,fl)~ Business Zqned'
Pm[~rty Alnn~ [he Rom¢.~
Corridbr I'dm~ th~ inter,cotton ol'
Rot]lc 4~ and Route 25 ~xtanding ·
~agt,tnXh~intc~cc ) of Ri tile
alld'Ma~lha%ct'AventJ¢ hi thc. I~}wll
:of Snuihold
BI: [T EN'AC.I'IH) B~. thc 'fnx~n
.-JJnard'oi: t~ Ibwn oJ' $outhold il~
Scdfimf I.' Pi? J~POSE:
~oLnhokJ' ikiopt¢d I..oca]. J..h%. No.
,a ni'qc:{9~ moni:h't&np )r v r (~-
arid, or' Pc~mil~ an' :1~ is ess. Z
'Erop~rL~ .Aloha' 'rh~' Rnm¢
t~om [hc Ri:xcrhea~Snu~hokl' Ibwn
lind.olt,counl~:ROLtlC 4H cx red
Ront~: 25. ' I;ocal,.l:aw No. 15-1 ()t)~
bc~nmc cl'l~cLix~ t)n 'Scplcn~cr
' Tim morfitorMfit was designed
alk~ time m review thc existing
huhincsp, aad hldo~Ir .~ un~ and
hnplcmcn~ lanai u~ contrnlh I~)
lc'Cl, lilt~ L'harac'/er of Ibc rOlJlc
'..('ormlor: specifically and Ih~ h~wn
o[.'.Somh6hl m.~:ncraL Alter tll~
cnacL~nl: of thc IeTI10(n~ ~ 110 :l-
Loriu~h fl~C 'l~wn.B&Lr~ ,'ctah~d the
~crvicc~ ur Cramer Cousulting
(h'ou~ CC('(r') Which. ~pccialims
in "Compkqu Land LN~ ~e,'vi~5 ...
h~ciuding Planning. f)c,i~n and
":c~ 16' m~'kc ]'ccomm~ndalion~
.... n~gcssary and appioprial~
?and studies for relevance to the~
Route 48 Corridor, conducting',a
detailed inventor~: ~hrough the Use
of ~xistin~, maps. ~.crial photogral~hv
and field visits. Thc i[Iventol'y will
include, hut not hc limited to, physi-
cal sutting, existing Jalld usc nil
and/or surrnundin~ thc silo, po-
LcnliaJ hind tt~s. lulhitats, cultural '
[CSOLII'CCh, VjC~s HIId VlSlas. ZOfliI1)L
changes ,to the future land use pat- lapse and be .without further force
tenls along Route 48. CCG was and effect and subjec(to ~ny oth~
rclainu'd to undertake a detailed Local Law adopted by-the Town
invc~tigaIKm nf tile co]nmcrcml and Board during said.ninety (90) day
industrial soning along thc Route 48 period, no agency, board, board offi-
cn[ridor. The g(lal ot tim inxcstiga- -cee or employee of the Town of
lions was to establish a set of lan0 ' Southold ineluding,'but, not limited
use recommendations to protect and - to. the Town B6ard, Ibc Zoning
preserve th~.integrity of the Route Board of Appeals, the Trustees, the
48 character while'maintaining the Planning Board, or the Building
economic viability of the entire Inspector(s) issuing any building
region. Such recommcndatibns are perinit pursuant to any provtsiou of
to be based on detailed analysis and the Soutliold Town {)ode;' shall
documentation. The scope of Ser- ' issue, cause to be issued or allow to
vices to be pi'ovided by CCG be-issued' any apProval, special
include a re~4~w oF existing plans exception,'varianc~.;site plan. buiid-
ing p~rmit, subdivision, or pea'mit d: 1Vl'a~{-fihlO]C in grid
y . me !oJ~owmg propesty~
uses listed in the'following:sei~ti~n~: says that he/she is
ortho T0wn Code within~t~ follow: i
lng zoning districts Which are loCal: !"
ed in'the Route 48 corridor: 100- -.
61(B) and lC) go ,ernmg thc Resort ....... ·
Residehfial Districl: 10~)-71 lB) aad
lC) g0verninl.., thc Rcsidcnlial ~ ~t the Notice of which
office District: I(I0-~I(A)(2L (3)
as a '~ 'fin ~r u nd t lc 1 'e *~ r t ( and (B and C vemni the · , n re -
..... .~ .( ~:~ g ~: .opy, hasbee gu
ol all tm 3tuntClltnth)n Plan tiler Limited Business District; lO0-r. '
summarizes the prc, ious phm and lOl(A)(i)thrOngh(fl~aod(~)aud -.ewspaper once each
provides general recommendations (C) governing the General Besincss ~ ~eeks sLlccessively,
~or geographic area~ along .the - DistriCt1100-130(A)(3)thr0ugh (16)L
Route 48 corridor. The imple-: ,anti lB) ann (0 guv'~'~'~ing ibc l, il..,hl ' ~,~")l~t Y
mentation plan will include SUch Industrial Pmk,'lqanncd Or'floc Park
information 'us ~ existing settings; District and 100 141lA)(3)-(15)and
potential impagts and alternatives. (I'll ,'md (C) gevcr'nino the l.ight
la hddition_Io the implementation . IndustrialDistrict.. ' -
plan eCG will provide a series of Section 3, DEFINITION, OF THE
site .sp~ific roc0mm~d~ti0ns' de- ROUT~ 25 cORmD/5~/ rROU- ' ~ Principal Clerk'
velope.d anc'[.based on tbe imple- ' THE INTERsECTIoN OF SR' 2~ - '
mentat]on plan. These site gpecific AND CR 48 EAST TO THE .
recommendations will include .apr INTERSECTION OF SR 25 AND
.propriate maps, property owner MANt'-IASSET AVE. IN
mflml}aLkm, mailings and olhcr rel- TOWN OF SOUTHOLD ( THE ' 19 ~;~
cvant mrnJrn,'Kion so thai tile Town "~ CORRIDOR").
Bnard may scl panhc hearings and The Corridor is hereby defined 01'gR~-- ?~^RYp[BLlC,~,~gh F0$T[R$?/~[ 0F ~[¥~ v, 0RR
consider site. specific rec-~ and identified as follows: from a'
.ommandations., ceO's work in- ,:point beginning at~ the:intersection
dudes a review of the Town Code o£- of SR Z5 and CR 48 East to a point
the Town of Southold including sug. ending at the Intersection of SR 25
gnsted' .revisions necessary to- and Manhasset Ay.e/inthe~0w_n 0f
aehieve the goals of'ihe' imploreem - S0uthold. The Corridor shall-'
tationplaninclodingouflinesofnew extend one thousand feet (1000')
draft codes for the ?wn Board's north and one thousand feet (1000')
eonfideration. CCG s i0b also -south' respectively fr0m the north
includes SEQR compliance wi~h road edg~ and t~le sonih edge of
respect to both the Implementation State Road 25.
Plan and .~e Site Specific recom- _ Section 4. EXCLUSIONS
mendations. This Local Law shall not apply to:
CCG- submitted the proposed 1) any person orentity who has,
Implementation Plan ("Route 48 prior to 'the effective date Of this
Study")totbeTownBoardonApril: 'Local Law obtained ali permits
20, 1~9~; The Town B0arct classified rgqUired for ~onstruction 0fa build-
the Route, 48' Study as ~ Type I lng on any property located in the
act{on pursuant to SEQR and Ronte 48 ~rr{dor including later'
d6clared itself a "Lead Agency".. applications to repair or-alter, but
eCG prepared a ;Draft. Gene~ie '-not enlarge, any such building oth-
Eqvir6hom,~ntal. Impact- Studz erwiseprohibit~d during the i~eriod
("DGEIS ') Which,was accepted by" of tliis lCml)orarv Iron u o' t n: cl
the Town Board, A SEQl~Zpublic , ? imlcclis)'(il' I.unl ctirrelltl.x
bearin'g on<the DGEIS washeldon, in.rnvcd ~itlt a Imildine or buiM-
May 6. 1.999 ami 111c wrillc[1 co111- lg% %o long .i, Ibc applicalion is I1Ot:
InCilL i}erh~d¢lldedollMay21l. 109q. al sceRil!~, ill v. holc ol il;Ill. 11
lie h~aring and the written corn- [~rc]n!~es or buihliJ~gS: and b) and
menta-are currently being, reviewed long as the application does not
by. CCG. i · re~iuire any applications to, or ap-
· The r~ason an extension of tbe provais, ,special exceptions, yeti-
. Route 48,~oramrium is n~cessarY is ances triOn:J, the Zoning BOard 6f
that while, as se* forth above, exten-' Appeals of the Town of §outhotd
sive work and planning has already Section 5. AUTHORITY TO
taken place; additional time is need- PERSEDE
ed to ~nplete the:SEQRproeess as To the:extent and degree any prO-
to'the R6ute 48 Study, Further, aft~:- visions Of this Local I~aw are con-
the SEQR p~ocess is complete and strued an ineonsisteni with the pi-o-
the Route d8 Study. with any revi- visions of Town law sections 264,
sions stemming from either general , 265, 265-a, 267 267-a, 267:b, 274-a,
public input or from th~ SEQR pro-: '274-b, and 276 this Local Law is
Cess, is ad~o,.p, ted by the Town Board, intended pursuant- tO Municipal
eCG will I.e ~at,miUine qtc -pecific Home Rule Eaw SectiOns
rccmllUlendalions dc~¢lo~¢d and - (10)(l~)(iiXd)(3) aild secfi6n 22 t6
'." : .... · '. p, y said inconsistent
as proposing changes to the Town authority~
Code-of the Townof Southold. The Se6~ion 6. VARI~t'qSEE TO THIS
Town Board will need beth' time to MORATORIUM
consider -any , site ' specifm .Any person or entity suffering
reco. mme.n.dat~ous a. nd/or Town gnnec~ssary hardship as that term is
Code rev;stuns and tm-~ to~ act on ~ used- and construed in Town Law
those recommendation it considers section 267-b(2)(b) by reason of the
appropriate2 Due tO the economic enactme~i and continuance of this
and development pressures in the moratorium may apply to the
Town of S~fithoM and specifically Zoning Board of ~.pp~is for a va]i,
along the Route':48 CorJ'id0r ,th~ _a~,,ce e~ceptiag the person's or
goals and purposes of tbe temporary · ty~ premises ~r a portion thereof
fiaorato~ium as set forth in the Local from the temporary moratorium
Law # 15-1998 an~ Local Law # 18- . apd allowing issuance of a permil all
1998 will be jeopardized if the tern- in accordance with the provisions of
porary moratorium is not extended~ the Southold Town Code applicable
Section 2. ENACTMENT OF to such use or ¢onstrnction.
TEMPORARY MORATORIUM Se~Jen 7. SEVERABILITY
Until ninety (90) days from the If any clause, sentence, para-
effective date of this Local Law. graph, section, or part of this Locai
after which this Local Law, shall }Law shall be :}dj~dged by ~n37c0urt
s~¢tk ~ o?: Roi. te 48. md 'l~o,q,: 25'
; LEGAl. NOTICE ' , . Roi tc 25 mdM b~ssc~..&¥c~mc' m
i. PUBiA(~ItE.~TNG Ibis · Local. ]..a~' exlcml~, thc
;' PLEASE '~,XKI{
Prqi?cl:(y ',~{,m,, ii'ti: X. ou(c ,!.5
(..'.orridor ITom '~'h¢' intcraeclion
'u~s o the.nl~i'~ect~on ol Rome .. wee~ for
ai~d..Matlh~;ev Avetmq..I be o~ tg, -,
imc tcKporarv moraWrifim was .COllllllenCill~
· ('opie~'og Iht gro~scd.i.~mal:'E'aw
I-IF~AI,IINCi on lh¢:Sill~;-iav of~u~:{:. '
To~n Halt/~ ~lg~'~ Nlain..R6a~l.',.
Stmlhold No¢' Yo~k on
E~iension .' o( ', t i~' · ' ~nM':~m~C~" '
' Moratorium on Ih~'
A~p~twais 'and/or Permil~
Bu~iflcss Ztmcd. Pr~?l$erD Afl~ng thc
STATE OF NEW YORK)
)SS:
· _; COUNT OF
':~'stabtishing tl'~c IlillCSy {9~)1 C~ V CA- ~of MattOck, ~ s~d
('lcrks Office' in Southok{ ]bwn . SUFFOLK T~S, a
aud 4:tK~ p.m.
I~i(ced: May 2% J'g~S. . Court tV of S~o~ ~d
" I~' ~)rdcr of Iht
. ' ' oflhc'lbwnofSouthold i'mc
,oa'rS' puDn8~CO i~ said Newspaper once each
~ weeks successively,
on thd ~ ~ day
~ ~cip~ Clerk
Sworn to bede me ~s