HomeMy WebLinkAboutLL-2002 #06Local £aw Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET~ ALBANY~ NY 12231
(Use this form to ~e 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.
Town of
SOUTHOLD
LOCAL LAW NO. 6 OF 2002
BE IT ENACTED, bY the Town Board of the Town of Southold as follows:
A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE
ZONING DISTRICT DESIGNATION OF SCTM# 1000-74-4-14.1 FROM THE RESIDENTIAL (R-40) AND
HAMLET BUSINESS (HB) TO LIMITED BUSINESS (LB) AND RESIDENTIAL OFFICE (RO).
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev. 11/99) (l)
(Complete the certification in the paragraph that applies to the fding 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. 6 of 20 02 . of the
~r~ ...... ~t'~:"'¥Tn~,~ ~ of SOUTltOLD was duly passed by the
TOWN BOARD on October 22 ,20 02 , in accordance with the applicable provisions of law.
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 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the and was deemed duly adopted on 20 ,
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 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 ., and was (approved)(not approved)(repassed after
disapproval) by the on 20 Such local law was submitted
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 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and fmal adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20__ , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide
basis or, If there be none, the chairperson of the county legislative body, the mayor ora city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
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)(general) election held on 20 ,
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 20
of the County of State of New York, having been submitted to the electors
at the General Election o£November 20 , 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 cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same ~s a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 , above.
(seaO
Clerk of the -~hty legislatt~ve body. Cit~-~wn or Village Clerk
or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
Date: October 25, 2002
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law an~,~~.. _//~, _' ,
Ga-e~orv F. Yakaboski~ E~q, To,,,, A;t-6rney
TitlelC~'~,~ ~5"~~ /~-¢:~,7¢/~ 7"~
Town of SOUTItOLD
Date: October 25, 2002
(3)
RECEIVED
NOV 8 2002
SouthOkl Town Clef[
STATE OF NEW YORK
DEPARTMENT OF STATE
4 I STATE STREET
ALBANY, NY' I ~-~3 I -000 I
GEORGE E. PATAKi
GOVERNOR
RANDY A. DANIELS
SECRETARY Of STATE
November iI 2002
ELIZABETH A. NEVILLE
TOWN HALL 53095 Main Road
P.O. Box 1179
SOUTHOLD, NY 11971
RE: Town of Southold, Local Law 6, 2002, filed 10/28/2002
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Sincerely,
Linda Lasch
Principal Clerk
State Records & Law Bureau
~ . .... (518) 474-2755
SENDER: COMPLETE THIS SECTION ' ' ..... ~ Service
COMPLETE THIS SECTION ON OELIVERy Igll=jJ'l~,'~,~,L RECEIPT
= complete items 1, 2, and 3. Also cor~plete A Received by P/eas
item 4 if Restricted Delivery is desir .
' Pnnt your name an'd ........ ed II (~ ePrintClear/y)[b. DateofD,,,,,~
s - =~,u,~ss on me re ~,y
, ;io. tn~tt we 'can return' the card* ...... verse J ~.~--~-'~7-~ __ ]'
=, ,~[[ach this c~-,4 .... .v y,,u. /J (-,'. Signature - _ L.._
~,u ~O rne back · · ' ---
or on the front if s~.-_ .o. fthemallp,ece, ~ .. - -'- nn~- .. _ *[' L~ ~ ~3of~20~
~"''°l~tuepermits' JJ ~" . UU~ ~ ~ ~)r)t3[;JAgent }~ ~ ~ L.
Ibany, NY L~-------~__ · ,'
~ ~eg~t_e, r.e.d. _.~ Return Receipt for Merchandise
, ~ msur_ed r~a, LJ C.O.D.
~p~ No.;
2. 4. Restricted Delivery? ¢£xtra£ee) [] Ye-* ,x~,. ~.1 State Street
33/46
PS-Form 3811, 999
Return Receipt
Mail Only; No Insurance Coverage
RECEIVED
8EP 9 2002
Southold Town Clerl,.
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
ROBERT J. GAFFNEY
SUFFOLK COUN-f'Y EXECUTIVE
September 4, 2002
THOMAS ISLES, AICP
DIRECTOR OF PLANNING
TA
Ms. Elizabeth Neville, Town Clerk
Town of Southold
53095 Main Rd.- P.O. Box 1179
Southold, NY 11971
Dear Ms. Neville:
Re:
Amended application of"Darrin Skrezec" for a change of zone
from R-40 & HB to LB & RO (SD-02-6).
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code,
the Suffolk County Planning Commission on September 4, 2002 reviewed the above captioned application
and after due study and deliberation Resolved to approve the proposed RO rezoning and disapprove the
proposed LB rezoning because of the following:
It constitutes the m~warranted further perpetuation of strip business development along Middle
Road (C.R. 48);
It would tend to establish a precedent for further such downzonings in the locale along C.R. 48;
It contravene past actions of the Town Board in diminishing strip commercial zoning throughout
the Rte. 48 Corridor; and,
It is inconsistent with the Town of Southold Rte. 48 Corridor Study which calls for the
preservation and enhancement of the rural and scenic vista characteristics .of said roadway.
Colnment:
The entire premises should be rezoned for RO purposes.
Very truly yours,
GN:Cc
Thomas Isles
Dire~f Planning /
~2Ne;wman ~/~
LOCATION
H. LEE DENNISON BLDG ~ 4TH FLOOR
I O0 VETERANS MEMORIAL HIGHWAY
MAILING ADDRESS
· P.O. BOX 6100 ·
HAUPPAUGE NY 11788-0099
(63 I ) 853-5 I go
TELECOPIER (63 I ) 853-4044
,Ms. Elizabeth A. Neville:
-.The following material has been received
and will be processed for inclusion in your
Code as supplemental pages (where
applicable):
Local I_~w No. 6-2002
General Code Publishers
Phone: 800/836-8834
Fax: 585/328-8189
E-m~til: eatee~bg~n~r~lood~.oom
Town of Southold
C/O Clerk's Office
PO BOX i i79
Southofd, NY 11971
NO ~T!_.CE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN the
Town Board of~the Town of. Southold
has received a petition to amend the
Zoning Map of'the Town of Southbld by
chan.cing the Zoning Di~!ric! designa-
lion of SC'I'M~ 11)(10-':-',-4..I.~-.1 from
Re,ld,'ntial fR-t0~, and H:tmlet Business
till½') :o I,imik'd 13u~iness (LB) and
Rc~.klc,lli:d (')!'l'icc
NO'I'ICI~ IS 1;t'RI'HER GIVI':%.
pursuant to Sect o'.. 2(:5 :' e Tow
. [. tx& alld i'equlr,.mt.]'lt, o, i ic Cod~2 o]
the 'lbwn of Soulllo!d. ~ui:folk Count).
New York. ]he 'l'o~ n Borax] of the Tm~ n
Ol SOtllhold xxill imld a pui,llc hearing
on thc aforcs.fid local law at the
Mattituck ~gh School M~n Road,
.~da~, October 22,2002 at w~ch
: time all intc,~st~'d l%e,'~og, W~i1 be given.75'
~ op]lorttlllir) lO be he,ifil.
' The pu~ose of ~is L~ Law is to
chance~ the z0ni~m District De,iAmition
of scrM gllg)0-74.4-14.1 fi'om the
Residential [R-4(}~ I)i~trict and Hamlcl
Busines~ ~[IB) I)i~tricl to I.imitcd
Business (I.B'J and Residential Office
(RO) District Designations. The peti-
tioner for this request i~ Darren Skrc7ec.
lhc property is approximately 3.0 acres
located al the somh ~idc of Route 48.
Pcconic. New York.
The I.ocal I.aw is entitled. "A
LOCAl. LAW '11) AMEND '1'I IE ZON.
lNG MAP OF THE TO~XN OF
SOUTHO[.D BY CItANGING THE
ZON1NG DISTRICr DESIGNATION
OF SCTMg 1000-74-4-14.1 FROM
'rile RESIDENTIAL (R-40) AND
ttAMLET BUS1NESS {HB) 'IX) LIM-
I'rED BUSINESS (LB) AND RESI-
I)ENTIAI. OFf:ICE (RO).
BY ORDER OF TI IE
SGUTHOLD TOWN BOARD OF
THE TOWN OF SOUTHOLD.
OCTOBER 8. 2002
~.IZABETH A. NEVII.LE
SOUTHOI.D TOWN CLERK
STATE OF NEW YORK)
)SS:
CO~ ~F SU~FFpLK) _
~__~-~..o//~,~,~t~.~,/~'~(__. of Mattituck, in s~
county, being duly sworn, says that he/she
Principal clerk of THE SUFFOLK TIMES, a wee
newspaper, published at Mattituck, in the Town
Southoid, County of Suffolk and State of
and that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspaper
once each week for / weeks succes-
sively/ comm~encing on the /t9 day
of ~'~'~
I~rincipal Clerk
Sworn
to
bef~r~_me this //') 20/~--
day of .~
Notary Public, State of New York
No 01 B06067958
Qua lifted in Suffolk County
My Commission Expires Dec. 24, 20£°
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly sworn, says that on the/tO,/-/2 day of O~7~ ,bet-' ,2002, she affixed a notice
of which the annexed printed notice is a tree copy, in a proper and substantial manner, in
a most public place in the Town of Southold, Suffolk County, New York, to wit: Town
Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Notice of Public Hearing: Skrezec Change of Zone.
- ZTE-ll~-a~eth A. N----~ille
Southold Town-Clerk
Sworn before me this
/0 day of ~ ,2002.
rl~tary Public
JOYCE M. WILKIN$
Notary Pubtio, State of New York
No. 4952246, Suffolk County
Term Expires June 12, ~o0~
SOUTHOLDTOWNBOARD
PUBLIC HEARING
October 22, 2002
1:00 P.M.
HEARING ON "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF
SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATIONS OF SCTM #1000-74-4-
14.1 FROM RESIDENTIAL (R-40) AND HAMLET BUSINESS (HB) TO LIMITED BUSINESS
(LB') AND RESIDENTIAL OFFICE ('RO)."
Present:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Craig A. Richter
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Town Attorney Gregory A. Yakaboski
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN the Town Board of the Town of
Southold has received a petition to amend the Zoning Map of the Town of Southold by changing the
Zoning District designation of SCTM# 1000-74-4-14.1 from Residential (R-40) and Hamlet Business
(HB) to Limited Business (LB) and Residential Office (RO);
NOTICE IS FURTHER GIVEN, that pursuant to Section 265 of the Town Law and requirements of
the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of
Southold will hold a public hearing on the aforesaid local law at the Mattituck High School, Main
Road, Mattituck, New York at 1:00 p.m.~ Tuesday~ October 22~ 2002 at which time all interested
persons will be given an opportunity to be heard..
The purpose of this Local Law is to change the Zoning District Designation of SCTM # 1000-74-4-
14.1 from the Residential (R-40) District and Hamlet Business (HB) District to the Limited Business
(LB) and Residential Office (RO) District Designations. The petitioner for this request is Darren
Skrezec. The property is approximately 3.9 acres located at the south side of Route 48, Peconic, New
York.
The Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF
SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM# 1000-74-4-
14.1 FROM THE RESIDENTIAL (R-40) AND HAMLET BUSINESS (HB) TO LIMITED
BUSINESS (LB) AND RI~SIDENTIAL OFFICE (RO).
I have in front of me an affidavit of publication in the Suffolk Times newspaper, I also have an
affidavit of posting by the Town Clerk on the public bulletin board. You have 10 days notification
hearing of surrounding property owners which is required to send out mailings to each of the adjacent
property owners, so that they will know and have an opportunity to comment on this petition for a
change of zone. We have a letter from the Suffolk County Planning Commission, who has given us its
10/22/02 2
opinion about the proposed change. The letter is addressed to Mrs. Elizabeth Neville, Town Clerk and
it reads as follows. "Pursuant to the requirements of sections A-1414 of the Suffolk County
Administrative Code, the Suffolk Planning Commission on September 4, 2002 reviewed this
application and after due study and deliberation, resolved to approve the proposed RO zoning and
disapprove the proposed LB rezoning because of the following: 1. It constitutes the unwanted further
perpetuation of strip business developing along Middle Road or Route 48. 2. It would tend to establish
a precedent for further such down-zonings in the locale along Route 48. 3. It contravenes past actions
of the Town Board in diminishing strip commercial zoning throughout the Route 48 corridor. 4. It is
inconsistent with the Town of Southold Route 48 corridor study, which calls for the preservation and
enhancement of the rural and scenic characteristics of:that roadway. The entire premises should be
rezoned for RO purposes." Signed Thomas Isles, the Director of Planning, Suffolk County. Finally I
have the Southold Town Planning Board recommendations, dated July 30. It' is rather lengthy so
maybe we don't need to read all of this. It basically says many of the same things that the County says
in a much Shorter period of time. I have a lot of other documentation, a thick pile on all of this. But
basically it is an application to change the zone from a residential to a business and RO use.
SUPERVISOR HORTON: We are in the public hearing, this is an opportunity for the public to
address the Town Board on this specific Public hearing. I see that there is someone eager to do so.
SCOTT DESIMONE, ATTORNEY FOR THE APPLICANT: Good Afternoon members of the Town
Board, my name is Scott DeSimone an attorney for the applicant, Darren Skrezec. My offices are
located 41780 Main Road, Peconic. [ have presented to the Board (inaudible) so I am just going to
summarize to make points and not take too much of your time today. I would however request, I do
have the Route 48 Corridor study, the whole printed report here. I would ask that it be incorporated
into the record by record (inaudible) I would just like to make that a part of the record. Mr. Skrezec
acquired this property about two years ago, the property is currently zoned R-40, residential 40, prior
to his acquisition of this property, part of the Route 48 study, the Town Board visited (inaudible) and
took upon themselves to up zone half of the 24 parcels in that area. There were some light industrial
parcels that stayed intact although they were recommended to be down-zoned this parcel however, was
not addressed in this study for some reason. I don't know why the Planning Department, why this
parcel was not addressed in this study. But in any event, the Planning Board, this original application
came before you as an application to go to limited business in its entirety. At that time the Planning
Board recommended a denial and the Suffolk County Planning Commissioner recommended a denial
we have met with thud Board at regularly scheduled work sessions and discussed that application with
them and it was suggested perhaps that we re work our application and then brought it back in the form
that it is in today. With that, the Planning Board again at the recommendation of the Suffolk County
Planning Commission (inaudible) Well, not even six months down the road, where they felt that this
property was suited for residential use, they now decided that it should be re-zoned, although not to LB
but to residential office. So even the planning professionals can't even agree at this point as to what
the proper zoning should be for th~s parcel. If you look at Town Law 263, which guides the Town
Board in any zoning matters, the main thing that the Town Board has to look at is the most appropriate
use of the property. And that it be in conformance with the Town's comprehensive plan. Now, we
look at former comprehensive planning, you have to look to all the past policies and actions that the
Town Board has taken previously. I think that the Kramer report, being so recent-three years ago, this
parcel being within the corridor and that report studying all the past policies of the Town is an
important record for this Board to review this application. Specifically with.respect to this parcel the
parcels to the east were in 1990, zOned R-40 as the subject and they were zoned (inaudible) provided
for a more intensive use. That left the residential parcel adjoining the parcel now that has the
10/22/02 3
possibility of a more intensive, the residential district permits restaurants, it permits (inaudible) there
could be a very intensive use on our parcel. To the west of the parcel are industrial, light industrial
zones and the Town Board gives no recommendation to change those in 1999 and they weren't
changed and they remained intact, so what you have is a residential parcel completely surrounded with
more intensive zoning (inaudible) now, we can argue (inaudible)I did provide for you a panoramic
view of what you would look at, if you were looking at the second story window if that was approved
as residential property and while the Planning Board report would like you to think that this property
could be developed as residential and that that view is mitigated because of its depth from the road,
that is what you would be looking at from someone's bedroom Window. Mr. Skrezecs' business is a
landscape design, landscape contract business. With his business, he would have very little traffic, few
cars coming in the afternoon, leaving in the morning and coming in the afternoon and the evening. One
of the most important things that I would look at when they amended LB and they amended RO in
1999, was to permit more intensive uses that only had a very small impact on traffic and the small
impact on traffic wouldn't change the character of the area. Right behind this gentleman's property
(inaudible) what he intends to do with his property, is in keeping with the rest of the property. I would
just remind the Board because of the decision of the Suffolk County Planning Commission (inaudible).
SUPERVISOR HORTON: Would anyone else care to address the Town Board on this public hearing?
ED SKREZEC: Ed Skrezec, Southold. I am Darren's father, I have worked with Darren for a few
years, while he has been trying to set up his business. He has tried and tried to set up h is business as
best as he can. He has tried to buy property in Southold Town to accommodate his business. He finally
found a piece of property that he can afford. This property is surrounded by LIRR, an auto repair shop,
and a gas station, which is surrounded by junk. He is trying to establish a business and make a living
in Southold Town. My grandson, he wants to work with his father someday and be able to live in
Southold Town. I hope that you will grant him permission for this. Thank you.
SUPERVISOR HORTON: We are still in the public hearing. We are going to continue on with the
public hearing. Would anyone else in the public care to address the Town Board on this public
hearing? As a matter of process, I did not mention earlier, I will ask in regard to this public hearing and
further on throughout the meeting, that members of the public address the Town Board for no longer
than five minutes as a number of people may want to do so.
MELANIE NORDEN: Melanie Norden, Greenport. I just have a procedural question. What is the
relationship between post public hearings on zoning changes and the moratorium?
SUPERVISOR HORTON: The moratorium applies to subdivisions.
MELANIE NORDEN: I understand that but in terms of the moratorium process when we are looking
at the (inaudible) and zoning, zoning changes. I am not specifically talking about building, I am
talking about a process which (inaudible). Are we going to be doing spot zoning changes during this
entire process?
SUPERVISOR HORTON: Well, to first clarify that. This is not a spot zoning change. This is a zone
change application that has been in the Town coffers for over a year and this does not fall under the
purview of the moratorium that is currently in place. The moratorium that is currently in place applies
to major and minor subdivisions, on residential property. To answer your question, this does not fall
within the purview of the moratorium.
10/22/02 4
MELANIE NORDEN: Okay. I have another question about the proposal. Is it, from what I
understand from the attorney, the only use on this property will be Mr. Skrezec's business? Or are their
other uses or other businesses that will be established on the property?
SUPERVISOR HORTON: Your question is directed to the Town Board.
MELANIE NORDEN: Oh, okay. That is my question, than.
SUPERVISOR HORTON: The zone change will, the application doesn't specify one owners specific
business. It is to request a change of zone to another zoning category that will have allowable uses
pertaining to that.
MELANIE NORDEN: How big is the property?
SUPERVISOR HORTON: 3.7 acres
MELANIE NORDEN: Okay. We are talking about the potential of other business in the addition to
the landscaping business, is that correct?
SUPERVISOR HORTON: That is a possibility, yes.
MELANIE NORDEN: It is a possibility. Oka~v. Thank-you.
SUPERVISOR HORTON: Would anyone else care to address the Town Board on this public hearing?
This is a public hearing requesting a change of zoning. Yes, you may address the Town Board.
JOAN EGAN: Just one thing, I have addressed this issue quite some time ago. I notice now that it is
only in the Suffolk Times and I thought that we had discussed that it would be in both the Suffolk
Times and the Traveler Watchman. Inaudible.
SUPERVISOR HORTON: Ms. Egan, we will address that and advertise where we are legally required
to do. If your questions don't pertain to this specific public hearing...
JOAN EGAN: Changes are noted in the newspapers and if you don't get one, you get the other and it
should be done properly. Thank-you.
SUPERVISOR HORTON: Would anyone else care to address the Town Board on this public heating?
(No response) We will close the public hearing.
Southold Town Clerk