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HomeMy WebLinkAboutLL-1999 #09Local Law ,Filing NEW 'X-~RK 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. County Town Village Local Law No ................... _9_ ...... : ......... of the year 19--9---9-- Zoned Property Along the Route 48 Corridor in the Town of SoUthold f~om the Riverhead/Southold Town Line on County_ Route Be it enacted by the Town Board ................ of the ..... b~;~'r-,~ ~2~;~ .................................................. " ~l~d~ of .................................... -S--°--u--t-h--°-Ld- ........................................ 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. Local Law No. 15-1998 became effective on September 8, 1998 and was Set to expire on June 9, 1999. Prior to Local Law No. 15 - 1998 expiring the Town Board adopted Local' Law No. 5-1999 which extended the temporary moratorium from lune 9, 1999 until-September 13, 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 CCCG") which specializes in "Complete Land Use Services- Including Planning, Design and Environmental" for consulting s~rvices to make recommendations ~ to any (If additional space is needed, attach pages the same size as this sheet, arid dhmber each.) nos.2~9 0~. 2$~ (1) necessary and appropri~at~ changes to the future land use patteria's'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, 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 con-i:dor. The implementation plan will include such information as existing settings, potential impacts and .alternatives. In addition to the i~nplementation plan CCG will provide a series of site specific recommendat based on the implementation plan. These site specific appropriate maps, 1 so that the Town Board may set recommendations. CCG's work includes a review of the Town Code of the Town ~ including suggested-revi,~.io~§..n_ecessary to achieve the goals p!an incluciing o~tlines of ~ew~aft ~d~£foi-th~ Town Board's 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. since June 9, 1999 the comments from the SEQR public heating as well as the written comments have been reviewed, a FGEIS was prepared and reviewed and the Town Board adopted a Notice o,f, Completion of the FGEIS. Subsequently a Supplemental F(~EIS ("SFGEIS') wa~ prepared, reviewed and the '/'own Board adopted a Notice of Completion of the SFGEIS. Further, site specific recommendations dated July 1999 were received from CCG and a working meeting involving CCG and members of the community, interested parties and the press was held on a tour bus. The bus trip traveled the entire Route 48 Corridor and Tom Cramer of CCG discussed the site specific recommendations and answered questions. Work sessions have been held on proposed zone code changes and zoning map changes. Proposed zoning code changes have been forwarded to counsel for drafting a working document of such proposed changes. The reason an extension of the Route 48 moratorium is necessary is that while, as set forth above, extensive work and planning has already ~'.aken place, additional time is needed .to complete review of, hold public hearings on and have the Town Board vote on proposed zoning ~e and~z6ning map changes. In addition, time is needed to complete ali necessary S~R processes and meet the requirements of referral of proposed zoning code changes and ZOning map changes to both the County Planning Commission and the Town Planning Department. Due to the economic and development pressures in the Town of Sout~toldi ~md specifically along the Route 48 C0tnidor the goals and purposes of .the tempOrary morator?n as set forth in the Local Law~# 1:$-1998 ~d r'eferet~eeci in Local I~.w # 5-1999 will be jeopardized if the temporary moratorium is not extended. - la- There shall be no further extensions of this temporary moratorium. Section 2. ENACTMENT OF TEMPORARY MORATORIUM From the date this Local Law becomes effective until and through October 20, 1999, 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 this period, no agency, hc Town of Southold including, but not limited to,. 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 perm. it, subdivision, or permit for any ~de within corridor: 100- 61 Residential Office District; 100-81(A)(2), (3', the Limited Business District; 100-101(A) through (11) Business District; 100-130(A)(3) through 16 and ( Industrial Park/Planned Office Park District and 11 i 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 (l 000') 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 Tov~ of Soutl~old. ' -lb- 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 mor, atorium m,ay 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 LocalLaw 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 on October 20, 1999 as set forth in Section 2 above. (Complete the certification in the paragraph that applies to t.he filing of this local law and strike out that which is not applicable.) local legislative body only.) y certify that the local law annexed hereto, designated as local law No ................-~ .................. of 19-9--9--- of the (~oX~_t~)(l~i~(Town)(~iI~a~l O~n BOard of-'-~'~{~-'~--'~~~9 ........................... was duly passed by the ................................................ on---~ ........... 19 _:L_, ia accordance with the applicable provisions of law. (Name q L~g~tadve Body) . i ~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 (Name of Leglslative Body) : ~ -; ~ disapproval) by the ............ L ..................................... and was deemed duly adopted on .................. 19 .... , (Etecave Chief Executive 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 OVarne of LegiMati~e Body) ~ 'disapproval) by the ................................................. on ................... 19 .....Such local law was submitted (Elective Chief Executive Off~tr*) 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)(speeial)(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 (Name o[ Legi$1ati~e Body) disapproval) by the .................................................. on .................. 19 .... Such local law was subject to (£ltctfve Chlt[ E~tcu~ive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of .................. 19-.--, in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county, wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, o the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinan 5. (City local law concerning Cli~L-ter 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 law annexed hereto, designated as local law No .................................... of 19 ...... of the County of .................................................... State of New York, having been submitted to the electors at the General Election of November ...................... 19 .... , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote 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 ad6pted in the manner in- dicated in paragraph- ..... .1 ..... , above. Clerk of th~ounty leg~lative body, O(ty, Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk (Seal) ~ Date: 9/15/99 (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 loca lffn~)tains the correct text and that' all proper proceedings have been had or taken for the enactment of the local l~a~ed he~reto. Signa Title X~ of Southold Town Date: 9/15/99 (3) vices to make recommendations as to any necessary and appropriate changes to the furt~ l~d use pat- terns along Route 48. CCG was retained to undertake a detailed investigation of the commercial and industrial zon!ng along the Route 48 corridor. The goal of the investiga- tions 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 ser- vices 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, serial photography and field visits. The inventory will include, but not be limited to, physi- cal setting, existing land use on and/or surrounding the site, po- tential 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 im- plementation plan will include such information as existing settings, potential impacts and alternatives. In ad~tion to the implementation  LEGAL NOTICE plan CCG will provide a sertes of PUBLIC NOTICE IS HEREBY , s~ ' ~ r~eommendations [ · ~ and ba~d ou the imple- GIVEN that there has been present- ~-~ ~ ll~Ja. The~ site specific ed to the Town Boar~of the Town -'"'"~--_ C- ~ ~ s will include ' of Southold, Suffolk County, Nesy --~-------~,,,~--,- ~..-~.~.. _ York 6n the 31st day of Aug~ 1999, a Local Law entitled, ~ ~ ~ml/~gs and other rel- Local ih Relation to the Exten//i~ evant information so that the Town of a Temporary Moratorium to October 20, 1999 on the issuance of Approvals and/or Permits fdr Bmlaess Zoned ~op~ ~ aloug the Route 48 Corridor in the Town of Southold from the Rlverhexd/Southold Town Line on Cmmty Route 48 extending east to the Intersection of County Route 48 and State Route 25", NOTICE IS IqJRTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing ou the aforasaid Local Law at the Southold Town Hall. 53095 Main Road, Southold~ New york, and hereby sets g:05 p.m., Tuesday; Se~emher 14, 1999 as the rime an~ place for a public hearing on this Local ldaw~ which reads as gollows: LOCAL LAW NO. 1999 A Local Law in Relation to the Extension of s Temporary Moratorium to October 20. 1999 on .the Issuance of Approvals and/or Permits for Business Zoned Property sinng the Route 48 Corridor in the Town of Southold from thc R~ve~head/Southold Town ~0~ Roum 48 extending ~'~O"~l'h~e~-fion of County Rou~ 48 and Route 25". BE IT ENACTED BY, the Town Board of the Town of Southold as fo~vs: ~ t. PURPOSE Tbe Tosvn ~ourd of the Town of SomhoM'adopted Local Law No. 15-t99~ ustablishing n nine (9) month temPorm'Y moratorium on tha lse~anea of Approvals and/or Permits for Business _ Zoned Prop*t~y Along The Route 48 Corridor in the Town of Southold. Local Law No. 15-1998 became effe~rive on September 8, 1998 and ~ set to expire on June 9. 1999, Prior to Local Law 15.1998'expiring the Town Boo. adopted Local Law ?o~: 5.1999 which extended the tem- ~tmay"metxtorinm-from ]oue 9, !~ mafil Septemher 13, 1999. The n~n~mm was dosi~ned to nl]o~ thine tO review the existing bmine~ and industrial zoning and implement land use controls to pro- text the character of the Route 48 Corridor specifically and the Town of SeuthoM in general, After the ennetment of the temporary mora- torltou fha Town Board retained the ~e~vieas .of' Cramer Consuhing Group C'CCO") which specia!izes in "C. omplete Land Use Services- lnchldin~ INamziag. Design nnd Board may set public hearings and consider site-specific recommenda- tions. CCG's work includes a review of the Town Code of the Town of Southold including suggested revi- stuns necessary to achieve the goals of the implementation plan includ- ing outlines of new draft codes for the Town Bourd% consideration. CCO's job also includes SEQR com- pllanea with respect to both the lmplmnentation Plan and the Site Specific recommendations. CCG submitted the proposed Implementation Pla~ ("Route 48 Stud~) to the Town Board on April 20. 1999. The Town Board classified the Route 48 Study as a Type ] action pursuant to SEQR and declared itsalf a "Lead Agency" CCO 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 wrmen com- ment period ended on May 20, 1999. Since June 9, 1999 the comments from the SEQR public hearing as been reviewed, a FGEIS was pre- Board adopted a Notice of Completion of the FGEIS. Subsequently a Supplemental FOEIS ("SFGEIS") was prepared. reviewed and the Town Board adopted a Notice of Completion of the SFGEIS. Further. site specific recommendations dated July 1999 were received from CCG and a working meeting involving CCG and members of the community. interested parties and the press was h~ld on a tour bus. The bus trip traveled the entire Route 48 Corridor and Tom Cramer of CCG discussed the site specific recom- lions. Work sessions have been held on proposed zone code changes and zoning map changes. Proposed zon- · lng code changes have been for- warded to counsel for drafting a working document of such proposed changes. Route 48 moratorium is necessary is that while, as set forth above, exten- sive work and planning has already ' taken place, additional time is need- ed to complete review of, hold pub- lic hearings on and have the Town Board vote on proposed zoning code and zoning map changes. In meet the requirements of referral of proposed zoning code change~ and zoning map changes to both the County Planning Commi~ion nnd the Town Planning Department. Due to the economic nnd develop- ment pressures in the Town of Southold and spe~-tcally along the Route 48 Corridor the goals and purpo~s of the temporary morato- rium as set forth in the Loc~ Law #15.1996 and referenced in Local Law #5-1999 will be je~l~udir~d if the temporary moratorium is not ex- tended. There shall he no further ~ten. Section 2. ENACTMENT OF TEMPORARY MORATORIUM From the date this Local Law out further force ned effect and sub- ject to any other Local Law adored by the Town Board durin~ this peri- od. no agency, board, board officer or employee of the Town of Sootho~d includin& but no~ 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. shell issue, oaase to he issned or allow ~o be issued any approval, special for any of the following property uses listed in the following sections of the Tovm Code within the follow. ins zoning dimicts which are local. 61(B) and (C) governing the Resofl Residential Distfi~ 100-71(B) and (C) governing the Residential Office District: 100-81(AX2), (3) and (B) and (C) governing the Limited Buin~ Distil- 100- tot(^) thrnngh OD and ~) and (C) govemlng the General Business Di~t~t; 100q~0(AX3) thmu~ t6 and (B) and (C) governing the Light lndasuial Park/Planned Office Park Dim~ct and 100-141(A) (3).(t5) and (B) and (C) governing tho Light Industrial District. Section 3. DEFINITIONS OF "ROUTE 48 CORRIDOR" The "Route 48 Corridor" is here- by defined and identified as follows: fi'om a point beginning at the Rivethead/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 (1000') south respectively from the north road edge and the south edge of Sound Avenue and County Route 48. Section 4. EXCLUSIONS This Local Law ~hell not apply to: .1) any person or entity who has, poor to the effective date of this Local Law, obtained all permits required for construction of a build. lng on any property located in the Route 48 corridor iecindihg later applications to repair or alter, but not enlarge, any such building oth- erwise prohibited during the period of this temporary moratorium; and 2) parcel(s) of land currently improved with a building or build- ings so long as the application is not: a) seeking, in whole or part, a change in the use of the land, premises or bnddi~ andb) and so long as the application does not require any applications to, or ap- provals, special exceptions, vari- ances from, thc Zoning Board of Appeals of the Town of Southol~. Section 5. AUTHORITY TO SUPERSEDE To the eatont and degree any pro- visions of this Local Law are con- strned as inconsistent with the pro- visions of Town Law sections 264, 265, 265-a, 267, 267-a, 267.b, 274-a, 274-b, and 276 this Local Law is in- tended pursuant to Municipal Home Rule Law Sections 10(1)(ii)(d)(3) and section 22 to supersede any said mconsi~seot authority. Section 6. VARIANCE TO THIS MORATORIUM ~T^TE OF NEW YOt~) Any person or entity suffering unnecessary hardship, as that term is )SSi set. on 267-b(2)(b) by reason of the ..x_~ul,4 ~lon~rntomerin~mantaC~v t'nm~t~a~xce.of ~ls 3 ~-{~ ~-' ~J I ~ ~ ~ of Mattituck, in said ZonmgBonrdofAppomforav~.:ounty, being duly sworn, says that he/she is ante excepting the person's ne anti- ::~rillr,in~l ty's premises or a port/on theleof ,,~ v,~ clerk of THE SUFFOLK TIMES, a from the temporary moratorium ~eekly newspaper, published at Mattituck, in and allowing issnenceof a permit aH ~l_e in ecenrdaace with the provi~lons of Town of Southold, County of Suffolk and t~ Southo~d To~ Codo m,~.ble .~tate of New York, and that the Notice of whlch section 7. sEv~AmLrrv :he annexed is a printed copy, has been regu- If any clause, sentence, para- arlv nublished in said Newspaper once each gral~,sec~,iou,.orpert ofthisLneal' a r ~ _ _ Law shall he ~s*d by any co~t week for \ weeks successively, of ,~petent ior~i~tion to he :ommencin--~-~ ~n'~'-h~ r~ .l./x da,, invalid, the judgment shall not invalr or ~validat~ the remalnd~c)f Se~iou 8, EFFE~..-II VE DATE This Local Law shall take effect immediately upon filing with the Secretary of State and shall expire on Octoher 2fl, 1999 ~ set forth in Section 2 above. r~tnd: AuWt 3i, t~,~ Sworn to before me this BY ORDER OF THE _ TOWN BOARD OF TH~ clay o! TOWN OF SOUTHOLD. EUZA ETH A. NEWU. SOUTHOLD TOWN CLERK 1832-tTS9 /~- Principal Clerk 19 STATE OF NEW YORK DEPARTMENT OF STATE 4 I STATE STREET ALBANY, NY 1223 I -000 I RECEIVED OCT 4 1999 September 28, 1999 ELIZABETH A. NEVILLE TOWN HALL 53095 MAIN ROAD SOUTHOLD, NY 11971 RE: Town of Southold, Local Law 9, 1999, filed 09/21/99 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: mi II OUNTY OF SUFFOLK SUFFOLK COUNTY EXECUTIVE September3,1999 DIRECTOR OF PLANNIFIG Town Clerk Town of Southold Applicant: Town of Southold Zoning Action: Extension of Moratorium affecting business zoned lands along the Rte. 48 corridor. Public Hearing Date: 9/14/99 S.C.P.D. File No.: SD-99-5 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc cc: Town Attorney G:~CCH ORNY~ZO NING'~O NING~,WO RKING~ D ~SEPT~,SD99-5.SEP