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HomeMy WebLinkAboutTB-07/18/1985-S 408 SOUTHOLD: TOWN BOARD SPECIAL MEETING JULY 18, 1985 I WORK SESSION - 2:00 P.M. Present: Deputy Supervisor Frank A. kujawski;.'.Jr.; Councilman Joseph L. Townsend, Jr., Councilman Paul Sto.utenburgh,• .Councilman James A. Schondebare, Councilwoman Jean W. Cochran,. Town. Clerk. Judith .T.. Terry, Town Attorney Robert W. Tasker. Absent: Supervisor .Francis J-Murphy,. Justice Raymond W. Edwards. Also present: Greenport Village Trustee David Kapell, Southold Town Planning Board member Richard G. *Ward, .Executive Administrator. Victor G. Lessard. As a result of an Informal ...': meeting with members of the Greenport Village Board on July 16th, members of the Southold Town Board requested Town Attorney Tasker to prepare a proposed Local Law to provide: for a Moratorium in'certain zoning use district (B Light Business District;. B-1: General Business District,'. C Light Industrial District, and C-1, General Industrial District) . The Board reviewed the provisions of this proposed Local Law and debated the necessity for same. Council- man Townsend was enthusiastically in' favor of the'proposed Law, as was Councilman Stoutenburgh. Councilwoman Cochran, as the debate progress, agreed to the measure, but Councilman Schondebare, remained opposed, citing the fact that certain areas in the Town had been zoned under. the aforementioned districts for approximately 30 years, and would prefer to wait ,until` the updated Master. Plan is approved before making any changes, but at the conclusion of the debate agreed to. vote in favor of requesting the Town and County Planning Boards for their recommendation. Planning Board member Ward opposed the measure,. citing the fact that this would precipitate positive moves by certain developers of those districts. Executive Admin= istrator Lessard also expressed his concerns for such a proposal. . Throughout the debate Trustee Kapell urged the Board to take. a stand, in particularly to protect the business district within the Incorporated. Village of Greenport. SPECIAL MEETING 4:00 P.M. A Special Meeting of the Southold Town Board was called to order. at 4:00 P.M., Thursday, July 18, 1985 at the Southold Town Hall, Main' Road, Southold, New York, by Deputy Supervisor Frank A. Kujawski, Jr. Present: Deputy Supervisor Frank A. Kujawski, 'Jr. Councilman Joseph L. Townsend, Jr. Councilman -Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran Town Clerk Judith T. Terry Town Attorney Robert W. 'Tasker Absent: Supervisor Francis J. Murphy Justice Raymond W. Edwards (A Waiver of Notice of Town Board Meeting, dated July .16, 1985, was signed by all members of the Southold Town Board.) DEPUTY SUPERVISOR KUJAWSKI : I hereby call to order this Special Meeting of the Southold Town Board and I'd like to open the floor to any business to be conducted. JULY 18, 1985 Special Meeting 409 Moved by Councilman Townsend, seconded by. Councilman Schondebare, WHEREAS, a proposed Local Law entitled, "A Local Law to provide for a Moratorium in certain zoning use Districts," has been presented to the Town Board of the Town of Southold, now, therefore, be-it RESOLVED that the Town Clerk of the Town of Southold be and she hereby is directed to transmit said proposed Local Law to the Southold. Town Planning Board and Suffolk County Department of Planning, all in accordance with the Code of the Town of Southold and the Suffolk County. Charter. Said'proposed Local Law reads as follows: LOCAL LAW NO. - 1985 A Local Law to provide for a Moratorium in certain zoning use Districts BE IT ENACTED by the Town Board of the Town of Southold, as follows: .Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended by adding LIIE,`i"e'W a iacvr n� ���.��, iii ue „i ^v r, w icFa... ua ..+•. ARTICLE XVI MORATORIUM • Section 100 - .160 Findings and Purpose (1.) In November of 1982*, the Town Board authorized the Southold Town Planning Board' to retain*the services of Raymond, Parrish, Pine & Weiner, planning consultants for the purpose of conducting such studies and making such' recommendations as such consultants deemed appropriate.to up-date the existing comprehensive plan of the Town, • including the Town's..present Zoning code and zoning map. (2j. In May of 1985, said consultants presented to the Planning Board and the Town Board a report of their study, together with recommended i planning maps, a zoning map, and a draft of recommended revisions to 1 the Town's present zoning code. (3.) That since the presentation of the consultants' report-and recommendations, the Town Board, the Planning Board, and the Board of Appeals have individually and collectively been reviewing such report and recommendation! (4.) .That upon the completion of such review, the Town Board will conduct Informal public•meetings in'the various: hamlets of the town to afford the public 'an opportunity to express it views and make recommendations with respect to such report and recommendations. (5.) That at the conclusion of such hamlet meetings,the Town Board will further review the proposed amendments to the Town's zoning code and zoning map, 'giving consideration to all comments and recommendations presented at such meetings, and will then propose a Local Law to implement the said'master plan study, incorporating such revisions therein'as it deems appropriate. The Town Board will'then refer the same to the Town Planning Board and the Suffolk-.County Planning Commission for their review and recommendations, as required by law, and thereafter hold a public hearing thereon, as required by law, on the question of the enactment of such Local Law to implement, in whole or in part, the recommendations proposed by the Master Plan Study conducted by said consultants. 410 JULY 18, 1985 Special Meeting (6.) That the Town Board finds that many of the zoning code and zoning map amendments recommended by the-planning cansuttant are inconsistent with the present zoning map and zoning code with respect to uses in the B Light Business Districts; the B-1.General Business Districts; the C Light Industrial' Districts; and the C-1 General Industrial Districts, in that many of the presently permitted uses will not be permitted if the recommendations of the planning consultants are to be implemented. (7.) That the Town Board further finds that to permit 'the issuance of buildiril permits; to permit the change of any present use; to approve any site plan; or to otherwise authorize or approve any new construction or new uses in'any of the use Districts set-forth in section 100-160(6) hereof, S except as otherwise'provided in section 100-163 hereof, until such time as the Town Board has had a reasonable period of time to enact appropriate legislation to implement, in whole or in part, the recommendations of the said planning consultants, would-result in a race of diligence of land owners to apply for and obtain'permits and/or other approvals -for the construction of buildings and other improvements or the approval of uses in such Districts which may be at variance with the use regulations recommended in'the master plan study. That to permit the issuance of such permits and/or approvals; or the approval of site plans in such use Districts during the time required by the Town Board to enact appropriate legislation to implement such-recommendations would frustrate and defeat the intent and purpose of the up-date and revision of the Town's comprehensive plan for the orderly development of the town and seriously-impair 'the effectiveness thereof. (8) It is therefor ,the intent and purpose of this Article to impose a moratorium on the issuance of building permits; the approval of site plans; or the authorization and/or approval of any new construction and/or new uses on any land located in those areas specified in section 100-162 hereof. Section 100-161 Moratorium Imposed Notwithstanding the provisions of this chapter, or any. other law, rule or regulation, during the period that,this Article shall be in effect, no officer or employee of the Town of Southold shall accept an application for, or take any action on any application for a building permit, or,accept an application for, or take any action on any application for site plan approval, or otherwise authorize and/or approve of new construction and/or any change in use of any land or premises.located in those areas specified in•sec_tion 100-162 hereof, unless the same is authorized by the Town Board, pursuant to-the provisions of Section 100- 163 of this Article. JULY 18, 1985 Special Meeting 411 Section 100-162 Areas Affected,:.. The provisions of this Article-.shall apply to all land and premises located within the boundaries of the following- zoning use Districts, as-the same are shown and designated on the present zoning map of the Town of Southold; to wit: (a) B Light Business Districts, " (b) B-1 General Business.Districts (c) C Light Industrial' Districts (d) C-1 General Industrial' Districts Section 100-163 Waiver of Provisions of this Article Notwithstanding any of the provisions of this Article, the Town Board is authorized to waive, in whole-or in part, any of the provisions of this Article; as it applies to a particular lot, piece or parcel of land affected by this Article, upon a written application of the owner filed with the town clerk.. if the Town Board, upon consideration of all relevant facts and circumstances, determines that the waiver requested will•not authorize or permit the use of land or premises for any use that is inconsistent with or in conflict with the provisions of the proposed legislation to implement the Master Plan up-date, it may grant a waiver of the provisions of this Article as it may apply-to-such land. In making such determination, the Town Board may impose such reasonable -conditions as itdeems necessary or appropriate to•observe the spirit and intent of this Article. Section 100-164 Duration 4 The provisions of this Article -shall be in full force and effect for a period of six (6) months after its effective date. Section 100-165 Prior Approvals Nothing contained in this Article shall be deemed to abrogate or annul any, prior approval granted and in effect on the effective date of this Article: Section 100-165 Effective Date This Local Law shall take effect upon its filing with the Secretay of State.. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Councilman Townsend. This resolution was declared duly ADOPTED. Moved by Councilwoman Cochran, seconded by. Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency in regard to the State Environmental Quality Review. Act in the matter. of- the proposed Local Law entitled, "A. Local Law to.provide fora Moratorium in certain zoning useDistricts." Vote of the Town Beard: Ayes: . Councilwoman: Cochran,. Councilman Schondebare., Councilman Stoutenourgh,. Councilman Townsend. . This resolution was declared .duly ADOPTED. DEPUTY SUPERVISOR KUJAWSKI : •- While..'.the Town Board is 'in session,, could I have the Town Board's blessing to contact.Miss Ann Anderson from the DEC? She needs something the Town to authorize' the legality of inviting the school districts to participate in the STOP day thing. . This 'occurred to me last 'week as I was removing chemicals from the high school that should not be in'the use of students any. longer. All I need is the Town Board .saying this 'is 'a good idea and then she`ll .check out whether or not it's legal. 41 2 JULY 18, 1985 Special Meeting COUNCILMAN STOUTENBURGH: What it's .going to do is it's .going to add, probably, some cost to this thing, because I -imagine .you .have a lot of odd chemicals and you cannot mix chemicals or toxic .materials, you have to have special' drums for them. DEPUTY SUPERVISOR KUJAWSKI : ' It'could add a couple hundred dollars she said. In Southold Town there would be three school districts that would be concerned: Greenport, Southold and Mattituck that have high school labs. COUNCILMAN SCHONDEBARE: They want to get rid'of theirs too. COUNCILWOMAN COCHRAN : Yes, as a part of our day. DEPUTY SUPERVISOR KUJAWSKI : - We'd .like to make it open to the -school districts as well as to the general public: COUNCILMAN SCHONDEBARE: Why does that cost us money though? DEPUTY SUPERVISOR KUJAWSKI : 'Because you may have some things in the lab--- COUNCILMAN STOUTENBURGH : Well, I talked about that and I said' possibly the` school board could pick up a tab on that. DEPUTY SUPERVISOR KUJAWSKI : But the point is she won't check into the legality of including school districts into a STOP Program unless the Town Board says it's a good idea and I'd be willing to write the letter if the Town Board agrees. COUNCILMAN STOUTENBURGH.: Why don't you write the letter and have it for us at the next meeting and we'll decide then, or do we have to do it 'now? DEPUTY SUPERVISOR KUJAWSKI : . No, it's .not a question of you passing a resolution. The only thing is a sense of the Town Board. What I'm saying is this 'may be illegal. COUNCILMAN SCHONDEBARE: Does the contractor that 'we're going to contract with know about this? Agree to accept this? DEPUTY SUPERVISOR KUJAWSKI : That is what she will 'check into if you think it's worth checking into. If you're not going to include the school districts and just lea" it to the general public, she won't even. -check.' She thinks it's a good idea. • I COUNCILMAN SCHONDEBARE: So you thihk. there might be an additional charge by the contractor to us for handling this type of.material that they didn't anticipate? DEPUTY SUPERVISOR KUJAWSKI : Right, but .she'.11 .also check into that. I just think that some of the school districts aren't even aware of the types of materials they have. We happen to be because it 'was just coincidental that we started going through and started removing- those things. I think if 'the other school districts had the opportunity to participate and do that, they would also and it 'would be better for everyone in the Town. It's .a Town service, really. COUNCILMAN STOUTENBURGH: What Frank is say, as chairman of the department in Mattituck School, he'll contact the other schools if we go along with this to get--- . DEPUTY SUPERVISOR KUJAWSKI; ` Well, first we have to find out if 'all of this is legal through Ann Anderson. She said; would you please make sure that you're not acting on your and the Town Board is aware of this. COUNCILMAN STOUTENBURGH: Do we all agree to let Ann Anderson check it 'out for us and then you'll come back to us? COUNCILMAN SCHONDEBARE: You'l1 .be satisfied with a verbal rather than a resolution? DEPUTY SUPERVISOR KUJAWSKI : Yes,. I'.d prefer it almost, because that way if it comes back and it's going to be an extra thousand dollars, 1 don't think that's right' for the Town to assume that cost, in which case I'd rather see the school districts- but if it comes in for a hundred or a hundred and fifty dollars, or something, I'd like to see the Town perform that service to the three school districts. COUNCILMAN STOUTENBURGH: I would think so, parti�ul'arly with kids handling the materials. If it's a big item, they can do it 'themselves. (Councilmen Townsend, Stoutenburgh, Schondebare and. Cochran agreed to authorize Deputy Supervisor Kujawski to contact Ann Anderson of the DEC to determine whether school districts will be permitted to participate in the STOP day and if so the cost for same.) JULY 18, 1985 Special Meeting` 4.13 Moved by Councilman Townsend, seconded by. Councilman Stoutenburgh, it was RESOLVED that this Special Town Board Meeting be and hereby is adjourned at 4:04 P.M. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Councilman Townsend. This resolution was declared duly ADOPTED. Judith T. Terry Southold Town Clerk