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HomeMy WebLinkAboutTB-05/16/1983-S 99 SOUTHOLD TOWN BOARD SPECIAL MEETING MAY 16, 1983 == The Southold Town Board members signed a Waiver of Notice of Town Board Meeting for this Special Meeting which was called to order at 1: 55 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 Superintendent of Highways Raymond C. Dean SUPERVISOR PELL: I would like to have read the environmental non- significant , I hope, determination on the whole town moratorium. 1. Moved by Councilman Murphy, seconded by Supervisor Pell , 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 Provide for a Moratorium on Applications for Subdivision Plat Approval , " (a moratorium on applications for major and minor subdivisions throughout the Town of Southold, excluding Fishers Island) . 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 no response 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 (amended from No) , Councilman Townsend, Councilman Murphy, Councilman Murdock, Council- man Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 2. Moved by Councilman Murphy, seconded 'by Supervisor Pell , WHEREAS, a proposed Local Law No. 8 - 1083 was introduced at a meeting of the Southold Town Board held on the 8th day of March, 1983, and -- WHEREAS, a public hearing was held thereon by the Board on the 19th 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. 8 - 1983 be enacted as follows: LOCAL LAW NO. 8 - 1983 A Local Law to Provide for a Moratorium on Applications for Subdivision Plat Approval. (A Moratorium on applica- tions for major and minor subdivisions throughout the Town of Southold, excluding Fishers Island. ) , BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 100 of the Code of the Town of Southold is hereby 1 0 0 MAY 16, 1983 amended by adding a new Article thereto, to be Article XVI , to reas as follows: ARTICLE XVI MORATORIUM §100-160 Findings 1. In response to threats of groundwater quality and increasing demands for potable drinking water in the North Fork of Eastern Long Island, the Suffolk County Department of Health Services retained the services of ERM-Northeast to conduct a study of water supply options for the North Fork. On December 16 , 1982, ERM prepared a. draft report entitled "North Fork Water Supply, Executive Summary and Recommendations, " _. wherein it made the following findin;s: (a) That the total available groundwater supply is limited. (b) That in the Town of Southold, a very delicate balance exists between fresh water lenses, salt water intrusion, chemical contamination and water requirements. (c) That over-pumpage or improper well location causes lateral and vertical saltwater intrusion: (d) That because the aquifers are shallow, they are extremely susceptible to chemical contamination and have a limited dilution or assimilative capacity. (e) That the above conditions require that groundwater resources be properly managed and protected in order to provide the necessary water supply requirements. 2. That in the past two years there has been a sharp increase in the number of acres for subdivisions filed with the Planning Board for subdivision plat approval involving land throughout -the Town. 3. That the Town of Southold has retained the firm of Raymond, Parish, Pine and Weiner, Inc. to conduct such studies as it deems necessary to update the Town ' s 1967 Master Plan to provide for the future development of the Town. 4. That such firm is presently in the process of collecting data, including the review of existing water studies to determine the Town' s development capacity based in part upon the available supply of potable water. 5. That the Town Board believes that , based upon the findings and recommendations of the ERM report , that the planning firm may recommend that the existing zoning code and zoning map be- amended MAY -16 , 1983 ! 0 1 in order to prevent the shortage of potable water and in accordance with such land use factors as agriculture, fishing and tourism. 6. That the Town Board is concerned that the present land use regulations in the Town of Southold may be inconsistent with the land use and lot size regulations which may be recommended by said planning firm. §100-161 Purpose It is therefore the purpose of this Article to impose a moratorium on the approval of applications for major and minor - --- subdivisions throughout the Town of Southold, not including Fishers Island, in order to allow the planning firm and town officials a reasonable period of time to study, prepare and adopt reasonable measures to preserve and protect the limited water resources of the Town in such areas, and to prevent a race of diligence of land owners to develop land under the existing zoning regulations during the Town' s consideration of such measures which may result in the establishment of land development which would be inconsistent with such measures and defeat . their intent and purpose. 0100-162 Subdivision Plat Applications Notwithstanding the provisions of Article 16 of- the- Town Law, . and the provisions of Article A106 of-the;-Southold Town Code, during- the period of time that this Article shall be in effect , the Southold Town Planning Board shall not accept or take any action on- any application for the approval of any major or minor subdivision plat , which has not received sketch plan approval on or before March 8 , 19S3 where the land proposed to be subdivided is located in that R area of the Town described in Section 100-163 of this Article. §100-163 Area Affected By This Article The provisions of this Article shall affect all of the mainland of the Town of Southold, except Fishers Island. @100-164 Relief From the Provisions of This Article Where the Town Board find that practical difficulties or unnecessary hardship may result from the strict application of the provisions of this Article, it may, upon application to it , vary or modify the provisions of this Article so that the spirit and intent of this Article shall be observed, public health and welfare secured and substantial justice done. Upon the receipt of an application for relief from the provisions of this Article, the Town Board shall fix a time for a public hearing on the application 102 MAY 16, 1983 and shall give notice thereof by publication in the official newspaper of the Town at least ten days before such hearing. §100-165 Duration of Moratorium The provisions of this Article shall be and remain in full force and effect for a period of nine (9) months from and after the effective date of this Article with such moratorium. @100-166 Prior Approvals Nothing contained herein shall be deemed to abrogate or annul any 'prior approval granted and in effect as of the effective date of this Article. §100-167 Supersession This Article shall supersede, in its application to the Town of Southold, Sections 276 and 277 of the Town Law. 0100-168 Effective Date This Local Law shall take effect upon the date of its filing in the Office of the Secretary of State. Vote of the Town Board: Ayes: Councilman Murphy, Supervisor Pell . No: Justice Edwards, Councilman Townsend, Councilman Murdock, Councilman Nickles. This resolution was declared LOST. MRS. RUTH OLIVA, President , North Fork Environmental Council : I think I ' d just like to thank all of you. All the issues, pros and cons have certainly been discussed thoroughly enough. I would like to thank Bill and Frank for their support . I don't think we would have gotten this far if it weren 't for them. ' And I 'd like to thank John Nickles for the time, effort and energy that he has put into --- - his three part proposal for the Town. That ' s all. SUPERVISOR PELL: Thank you. Moved by Councilman Nickles, seconded by Supervisor Pell , it was RESOLVED that this Special Town Board Meeting be adjourned at 2:00 P.M. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles , Supervisor Pell. This resolution was declared duly ADOPTED. Judith T. Terry Southold -Town Clerk