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HomeMy WebLinkAboutTB-05/16/1983 95 SOUTHOLD TOWN BOARD REGULAR MEETING MAY 16, 1983 WORK SESSION 12 Noon - The Board audited outstanding bills. 12:20 P.M. — Discussion on proposed Local Law for a Moratorium on major subdivisions in East Marion and Orient : Councilman-Townsend: This was his proposal and he wished to let it go without further discussion .at this time. Councilman Murdock: This is the least onerous, but would rather support the upzoning proposal. Councilman Nickles: Less onerous than a whole town moratorium, but he. is concerned about the legality of any moratorium, and cannot vote for either proposed moratorium. Supervisor Pell: Does not like the part town moratorium. Justice Edwards: No feelings on the subject. Councilman Murphy: The part town moratorium doesn't go far enough. Discussion on proposed Local Law for a Moratorium on major and minor subdivisions throughout the Town of Southold, excluding Fishers Island. Councilman Murphy: This was his proposal and feels it is very very important to adopt due to the water situation in the Town and there are legal ways of enacting a moratorium. Councilman Nickles: Feels the Local Law, as drafted', is illegal. Town Attorney Tasker' s letter of February 25, 1983 gives the opinion there *is no strong legal basis to support a moratorium. Senior Counsel-Department of State said we are geeting on thin ice if adopted and extended and feels nine months isn't long enough. He said the water problem is being handled very well at this time by the Suffolk County Department of Health. Councilman Townsend: The moratorium causes a hardship-- even though there is a clause to cover that. He would have been happier with a moratorium on major subdivisions only, even though he would not vote for a moratorium. The Planning Board recommended against a moratorium. Councilman Murdock: He has been a proponent of zoning changes to handle the problem. Most types of moratoria have. been found invalid and there is no real justification for everything to stop. Will not vote in favor of a moratorium when there is another alternative. Justice Edwards: On Fishers Island in 'the 1930' s three to five acre division of property was created and there is probably only one parcel of property left there that could be affected if it pertained to Fishers Island. He is not in favor of a moratorium. Supervisor Pell : The Town invested $75, 000.00 for a Master Plan Study in Southold Town. He likes the nine mo nth moratorium and the Board has dragged their feet long enough. RPPW said it would make their work easier if there were no changes in Southold Town during the Master Plan process, so he is willing to go with the full Town moratorium to give the planners nine months to do their job. Councilman Murphy: He feels the Town would have a better case with a moratorium than blanket two acre zoning. Councilman Townsend: He doubts that nine months would be long enough and has no doubts that it would have to be renewed to permit the planners- to finish their work. Councilman Nickles.: He is very apprehensive about see the Master Planner or the Town Board working under an arbitrary time limit . Councilman Murdock: Nine months is not long enough and will cause __ more problems at the end of the nine months. Discussion on proposed Local Law for Two Acre Zoning. Councilman Nickles: This is his proposal and it addresses the rural quality of life. At some point the Master Planner will be requesting some type' of upzoning and although some people favor two acre zoning, but not all over, the Town can 't spot zone. In answer to the opposition to two. acre zoning who feel it would impact farmers in an adverse manner--real estate developers are not buying farmland unless it has waterfront property. Other farmland is being bought for other types of agricultural use. Do we have a problem in Southold? He thinks so, the Planning Board is being inundated with maps. Councilman Murdock: He has two problems with the proposal - the 400 ft . depth for a single-family dwelling, and 96 MAY 16, 1983 the fact the law does not make a provision for exceptions. Councilman Townsend: Feels the time has come to raise the basis of our residential development in Southold Town. By enacting this proposal , the Town Board would be on solid ground legally. He also feels the depth of the lot should be amended. Councilman Murdock: He asked Town Attorney Tasker if the . elimination of the lot depth from the Local Law would be a substantial change and Mr. Tasker said it would. He also asked if it were changed from 400 ft . to 250 ft. would it be a substantial change and Mr. Tasker said it would. Councilman Murphy: He is not happy with blanket upzoning. Supervisor Pell : Does not see why the opponents are so afraid to go with a moratorium and wait for nine months and see what comes out of the Master Plan. To blanket the Town with two acres would put a hardship on many areas of the Town. Councilman Townsend: Pointed out that there are only 16,600 remaining acres of un- developed A Zone property in the Town. As a result of the foregoing discussion, it was determined by Supervisor Pell that the proposed moratorium Local Laws could not pass, therefore he recommended the Board open the Regular Meeting and vote on the two acre proposal . Councilman Murdock: Urged Supervisor Pell and Councilman Murphy,who indicated opposition to the two acre proposal , to reconsider their position. Five votes are needed to negate the protest petitions which have been filed with the Town Clerk. REGULAR MEETING A Regular Meeting of the Southold Town Board was held at:. the Southold Town Hall , Main Road, Southold, New York, at 1:45 P.M. , Monday, May 16, 1983. Present : Supervisor William R. Pell , III Councilman John, J. Nickles Councilman Lawrence Murdock, Jr. Councilman Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Town Clerk Judith T. Terry Town Attorney Robert W. Tasker 1. Moved by Councilman Murdock, seconded by Councilman Nickles, it 'was RESOLVED that the following audited bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $22 ,191.45; General Fund Part Town bills in the amount of $9,475.73; . Highway - Department bills in the amount of $22,126. 51; Federal Revenue Sharing bills in the amount of $257. 50. Vote of the Town Board: Ayes: Justice Edwards, Councilman. Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 2. Moved by Councilman Nickles, secoded by Councilman Townsend, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617. 10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project , which is unlisted, will not have a significant effect on the environment . DESCRIPTION OF ACTION--Proposed Local Law by the Town Board of the Town of Southold, entitled, "A Local Law to Amend the Bulk and Parking Schedule of the Zoning Code of the Town of Southold. " The project has been determined not to have a significant effect on the environment for the following reasons : An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been a favorable response from the Southold Town Planning Board and Suffolk County Department of Planning indicating that this project would not have a significant effect on the environment . MAY 16, 1983 9 / Because there has been no .=res,ponse .in the allotted time from the New York State Department of Environmental Conservation, it is . assumed that there is no objection nor comments from that agency. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy , Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 3. Moved by Councilman Nickles, seconded by Councilman Murdock, WHEREAS, a proposed Local Law No. 7 - 1983 was introduced at a meeting of the Southold Town Board held on the 22nd day of March, 1983, and WHEREAS, a public hearing was held thereon by the Board on the 26th day of April , 1983, at which time all interested persons were given an opportunity to be heard thereon, now., therefore, be it RESOLVED that Local Law No. 7 - 1983 be enacted as 'follows : LOCAL LAW NO. 7 - 1983 A Local Law to Amend the Bulk and Parking Schedule of the Zoning Code of the Town of Southold. (2 acre zoning) BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 100 of the Code of the Town of Southold (Zoning) is hereby amended as follows: Section 1. The "Bulk and Parking Schedule" applicable to the A Residential and Agricultural Districts is amended to read as follows, to wit: BULK AND PARKING SCHEDULE A Residence District Single- Two- Minimum Family Family . Requirements Dwelling Dwelling Total lot area (sq. ft. ) 80, 000 160, 000 Lot width (ft. ). 200 270 Lot depth (ft. ) 400 400 Front yard (ft. ) 50 50 One side yard (ft. ) 30 30 Both side yards (ft. ) 50 50 -- Rear yard (ft. ) 75 75 Livable floor area (sq. ft.) per dwelling unit 850 850 Off-street parking spaces per dwelling unit 2 3 Maximum Pe rmitte d Lot coverage (percent) 20 20 Building height: Number of stories 2-1/2 2-1 /2 Fe e.t. 35 35 98 MAY 16, 1983 §2. This Local Law shall take effect immediately. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy (much against my wishes. I will say, yes)_ , Councilman Murdock, Councilman Nickles. No: Supervisor Pell. = This resolution was declared duly ADOPTED. Moved by Councilman Nickles, seconded by Supervisor- Pell, it was RESOLVED that this Town Board meeting be adjourned at 1: 50 P.M. This- resolution was declared duly ADOPTED. Judith T. Terry Southold Town Clerk