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HomeMy WebLinkAboutTB-08/23/1999-S ;304 SOUTHOLD TOWN BOARD SPECIAL MEETING AUGUST 23, 1999 A Special Meeting of the Southold Town Board was held on August 23, 1999, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Cochran opened the meeting at 9:00 A.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Town Clerk Elizabeth A. Neville Town Attorney Gregory .F. Yakaboski Absent: Justice Louisa P. Evans SUPERVISOR COCHRAN: I would like to make .an announcement. I was up in Albany . Wednesday, Thursday, . and Friday of this week taking care of some business, but while I there "I had a phone call from the Peconic Land Trust, and we have reached a tentative agreement in relation to the purchase of Dam Pond. So, that is good news for everyone. I think we have thirty days so we have some shuffling to do. We would like to get some of the money matched. The County, Mike Caraccciolo, has put a resolution on at the last Legislative meeting and hopefully that will pass. But, we have got several places that we are trying to match the funding so it is hip, hip, hooray, and it is a good one. It is part of our heritage. It is a beautiful spot, and ' it looks like keep your fingers crossed for the next thirty days, and hopefully we can work the whole :thing out. There are no reports, public notices, or communications. I . REPORTS. None. II . PUBLIC NOTICES. None. Ill . COMMUNICATIONS.None. IV. PUBLIC HEARINGS.None. V. RESOLUTIONS. SUPERVISOR COCHRAN: We have resolutions. The first one is a bond resolution for $2,000,0000 for the 'acquisition of interest in real property including but limited to development rights in agricultural lands for the preservation of open space. 1 --Moved by Supervisor Cochran, seconded by Councilman Moore, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 23 , 1999, AUTHORIZING THE ACQUISITION OF INTERESTS O,R ,RIGHTS IN REAL PROPERTY, INCLUDING, BUT NOT LIMITED T0, SOUTHOLD TOWN BOARD AUGUST 23, 1999 DEVELOPMENT RIGHTS IN OPEN AGRICULTURAL LANDS, WITHIN SAID TOWN, FOR THE PRESERVATION OF OPEN SPACES AND AREAS AND TO MAINTAIN AND ENHANCE THE CONSERVATION OF NATURAL OR SCENIC RESOURCES, PROVIDED, HOWEVER, THAT NO SUCH INTERESTS OR RIGHTS IN REAL PROPERTY SHALL BE ACQUIRED UNTIL ALL RELEVANT PROVISIONS OF THE STATE ENVIRONMENTAL QUALITY REVIEW ACT HAVE BEEN COMPLIED WITH AND A FINAL DECLARATION AS TO ENVIRONMENTAL IMPACT HAS BEEN DULY DECLARED, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2, 000, 000, APPROPRIATING SAID AMOUNT THEREFOR, AUTHORIZING THE ISSUANCE OF $2, 000, 000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION, STATING THAT LAND INSTALLMENT PURCHASE OBLIGATIONS ARE AUTHORIZED TO BE ISSUED PURSUANT TO THIS BOND RESOLUTION AND DETERMINING THAT THIS BOND RESOLUTION SHALL BE SUBJECT TO A MANDATORY REFERENDUM. Recitals WHEREAS, pursuant to Section 247 of the General Municipal Law, constituting Chapter 24 of the Consolidated Laws of the State of New York (herein called "Section '24711 ) , the Town of Southold, Suffolk County, New York (herein called "Town") , is authorized to acquire interests or rights in real property for the preservation of open spaces and areas as defined in Section 247; and WHEREAS, such acquisition of interests or rights in land situate throughout the Town for the preservation of open spaces and areas and maintaining and enhancing .the conservation of natural or scenic resources, as defined in Section 247, must be found, determined and deemed to be necessary, in the public interest and a proper public purpose of the Town in accordance with the findings and determinations of the State Legislature as set forth in Section 247; and 3 '0 6 AUGUST 23, 1999 SOUTHOLD TOWN BOARD WHEREAS, in pursuance thereof, the Town desires to implement the land acquisition and financing program hereinafter set forth and to authorize the issuance of land installment purchase obligations for the purpose of financing the acquisition of such- interests or rights in real property: now, therefore THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than three-fifths of all the members of said Town Board) AS FOLLOWS: 4 Section 1 . , The Town is hereby authorized to acquire by purchase, gift, grant, bequest, devise, lease or otherwise, the fee or any lesser interest, development right, easement, covenant or other contractual right necessary to achieve the purposes of Section 247, in various parcels of real property, including, but not limited to, development rights in open agricultural lands, actually used in bona fide agricultural production within the Town, for the preservation of open spaces and areas and to maintain and enhance the conservation of natural or scenic resources, as may be authorized from time to time by the Town Board of the Town, after due notice and a public hearing, pursuant to the provisions of Section 247 and applicable provisions of the Town of Southold Code, including incidental costs incurred in relation thereto, such acquisition being hereby found, determined and deemed to be necessary and' in the public interest and a proper public purpose of the Town in accordance with the findings and determinations set forth in Section 247; provided,. however, that no such right, including the fee or any lesser interest, development right, easement, covenant, or other contractual right in any piece 'or parcel of such lands shall be so. acquired until all relevant provisions of the State Environmental Quality Review Act (herein called "SEQRA" ) , constituting Article 8 of the New York Environmental Conservation Law, havq been complied with and a final declaration as , to environmental impact has been duly declared by the entity duly SOUTHOLD TOWN BOARD AUGUST 23, 1999 TO 7 authorized to make such determination and declaration. The estimated maximum cost of said class of objects or purposes, including preliminary costs and costs incidental :thereto and the financing thereof, is $2, 000, 000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $2, 000, 000 serial bonds of the Town to finance said appropriation and the levy and collection of taxes on all the taxable real property in the Town to pay. the principal of said bonds and the interest thereon as the same shall become due and payable . Section 2 . Serial bonds of the Town in the principal amount of $2, 000, OOO. are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law" ) , to finance said appropriation'. Section 3 . The following additional matters are hereby determined, stated and declared:. (a) The period of probable usefulness of said class of objects or purposes, as described herein, for which the serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11 . 00 (a) 21 . of the Law, is thirty (30) years. (b) All or a portion of the indebtedness to be contracted by the Town for the purpose of financing the acquisition of such interests or rights in real property may be issued in the form of a land installment purchase obligation or obligations pursuant to the provisions of Section 29 . 10 of the Law; any portion of said estimated maximum cost that is not financed by the issuance of a land installment obligation or obligations may be financed through the issuance of such bonds or bond anticipation notes issued in anticipation of the sale of such bonds . 308 AUGUST 23, 1999 SOUTHOLD TOWN BOARD (c) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose or purposes for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1 . 150-2 of the United States Treasury Department . (d) The proposed maturity of said $2,000, 000 serial bonds will exceed five (5) years . Section 4 . Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds as well as any bond purchase obligation shall contain the recital of validity as prescribed by Section 52 . 00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount . The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5 . Subject to the provisions of. this resolution and of the Law and pursuant to the provisions of Section 21 . 00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service and of Section 30 . 00 relative to the authorization of the issuance of bond anticipation notes and of Section 50 . 00 and Sections 56 . 00 to 60 . 00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and a i SOUTHOLD TOWN BOARD I AUGUST 23, 1999 3 Q 9. issuance of the -bonds herein authorized and of any bond anticipation notes issued in' anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6 . The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds, may be contested only if : (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7 . A proposition for the . approval or disapproval of this bond resolution shall be submitted to the qualified voters of the Town at the Biennial Town Election to be held on November 2, 1999, and this bond resolution shall take effect upon the approval of the Proposition by said voters of the. Town at that Election. The adoption of the foregoing resolution was seconded by Councilman Moore and duly put to a vote on roll call, which resulted as follows : Councilman Brian G. Murphy Counc- John M. Romanelli AYES: Councilman William D. Moore Councilwoman Alice J. Hussie Supervisor Jean W. Cochran NOES- None The resolution' was )declared adopted. 310 AUGUST 23, 1999 SOUTHOLD TOWN BOARD 1a.- Councilman Romanelli offered the following resolution and moved its adoption. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES AS FOLLOWS: Section 1 . At the Biennial Town Election of the Town of Southold (herein called "Town" ) , in the County of Suffolk, New York, to be held on November 2 , 1999, between the hours of 6 : 00 o' clock A.M. (Prevailing time) and 9 : 00 o' clock P.M. (Prevailing Time) or as much longer as may be necessary to enable the voters then present to cast their votes, Proposition No. I in substantially the following form, shall be submitted to the qualified voters of the Town and shall be included in the Notice of such Biennial Town Election: PROPOSITION No. 1 SHALL THE bond RESOLUTION ENTITLED: "B'ond Resolution of the Town of Southold, New York, adopted August 23 , 1999, authorizing the acquisition of interests or rights in real property, including, but not limited to, developmental rights in open agricultural lands, within said Town, for the preservation. of open spaces and areas and to maintain and enhance the conservation of natural resources, provided, however; that no such interest or rights in real property shall be acquired until all relevant provisions of the state environmental quality review act have been complied with and a final declaration as to environmental impact., has been duly declared, stating the estimated maximum cost thereof is $2, 000, 000 , appropriating said amount therefor, authorizing the issuance of :$2, 0*00, 000 serial bonds of said Town to finance said appropriation, stating that land installment purchase obligations -are authorized to be issued pursuant to this bond resolution and determining that this bond resolution shall be subject to a mandatory referendum, " BE APPROVED? An abstract of said bond resolution, concisely stating the purpose and effect thereof, is as follows : FIRST: -' RECITING that pursuant . to Section 247 of the New York General Municipal Law ( "Section 247") , the Town of Southold ( "Town") , is authorized to acquire interests or rights in real property for the preservation of open spaces and areas and maintaining and enhancing the conservation of natural or scenic resources, as defined therein; that such acquisition of interests or rights in real property throughout the Town must be found, determined and deemed to be necessary, in the public interest and a proper public purpose of the Town in accordance with the provisions of Section °247 and' the Town desires to implement the land acquisition and financing program hereinafter sit forth and to authorize the issuance of land installment purchase obligations for such purpose; SOUTHOLD TOWN BOARD AUGUST 23, 1999 3� 1`�1 SECOND: AUTHORIZING the Town to acquire by purchase, gift, grant, bequest, devise, lease .or otherwise, the fee or any lesser interest, development right, easement, covenant or other contractual right necessary to achieve the purposes of Section 247, in various parcels of real property, including, but not limited to, development rights in open agricultural lands, actually used in- bona fide agricultural production within the Town, for the preservation of open spaces and areas and to maintain and enhance the conservation of natural or scenic resources, as may be authorized from time to time .by the Town Board of the Town, after due notice and a public hearing, pursuant to the provisions of Section 247 and applicable provisions of the Town of Southold Code, including incidental costs incurred in relation thereto, such acquisition being hereby found, determined and deemed to be necessary and in the public interest and a proper public purpose of the Town in accordance with the findings and determinations set forth in Section 247; provided,, however, that no such right, including the fee or any lesser interest, development right, easement, covenant, or other contractual right in any piece or parcel of such lands shall be so acquired until all relevant provisions of the State Environmental Quality Review Act ( "SEQRA" ) , have been complied with and a final declaration as to environmental impact has been . duly declared by the entity duly authorized to make such determination and declaration; STATING the estimated maximum cost thereof is $2, 000, 000; APPROPRIATING $2, 000, 000 to pay said cost; and STATING the plan of financing includes_the issuance of $2, 000, 000 serial bonds of the Town, and'the levy and collection of taxes upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; THIRD: AUTHORIZING the issuance of $2, 000, 000 serial bonds of the Town pursuant to the Local Finance .taw of 'the State of New York ( "Law") to finance said appropriation; FOURTH: DETERMINING and STATING the period of probable usefulness applicable to the class of objects or. purposes for which said bonds are authorized to be issued is thirty (30) years; that all or a portion of such bonds or any bond anticipation. notes may be issued in the form of 'a land installment purchase obligation or obligations pursuant to Section 29 . 10 of the Law; the proceeds of -the bonds may be used to reimburse the Town for expenditures made after the effective date hereof for the purpose for which said bonds are authorized; and the proposed maturity of said serial bonds will exceed five (5) years; FIFTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said- bond anticipation notes shall be general obligations of the- Town; and PLEDGING to their payment the faith and credit of the Town; SIXTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals .thereof; and SEVENTH: , DETERMINING that a Proposition for the approval or disapproval of this bond resolution shall be submitted to the..qualified voters of the Town at the Biennial Town Election to' be held on November 2, 1999 and that this bond resolution shall take effect upon such approval. Said Proposition shall appear in substantially the following form on the ballot label to be inserted on the voting machines to be used for voting at said Biennial Town Election: YES: NO: : .; AUGUST 23, 1999 SOUTHOLD.TOWN BOARD 312 PROPOSITION No. 1 SHALL THE BOND RESOLUTION ENTITLED: "Bond Resolution of the Town of Southold, New York, adopted August 23 , 1999, authorizing the acquisition of interests or rights in real property, . including, but not limited to, developmental rights in open agricultural lands, within said Town, for the preservation of open spaces and areas and to maintain and enhance the conservation of natural resources, provided, however, that no such interest or rights in real property shall be acquired until all relevant provisions of the state environmental .quality review act have been complied with and a final declaration as to environmental impact has been duly declared, stating the estimated maximum cost thereof is $2, 000, 000, appropriating said amount therefor, authorizing the issuance of $2, 000, 000 serial bonds of said Town to finance said appropriation, stating that land installment purchase obligations are authorized to be issued pursuant to this bond resolution and determining that this bond resolution shall be subject to -a mandatory referendum, " BE APPROVED? Section 2 . The Town Clerk is hereby authorized and directed to publish .at least once in " "THE SUFFOLK TIMES, " a newspaper published in Mattituck, New York, hereby designated the official newspaper of the Town for such publication, and to post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, said publication and posting to be at least ten (10) days before the Biennial Town Election, the Notice thereof, including the said Proposition for the approval or disapproval of the Bond Resolution adopted at this meeting. Section 3 . The polling places in each of the respective election districts of the Town shall be the same polling places as shall be used' at General Elections . Section 4 . After said bond resolution shall take effect, the Town Clerk is hereby directed to cause said bond resolution to be published, in full, in the newspaper referred to in Section 2 hereof, and hereby designated the official newspaper of the Town for said publication, together with a Notice in substantially the form as provided by Section .81. 00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. SOUTHOLD TOWN BOARD AUGUST 23, 1999 3 ,1 3 Section 5. This resolution shall take effect immediately. 1a.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Councilwoman Hussie, Supervisor Cochran. This resolution was duly. ADOPTED. 2.- Moved by Councilman Murphy, seconded by Councilwoman Hussie, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 23, 1999, AUTHORIZING THE IMPROVEMENT AND PRESERVATION OF TOWN WATERWAYS, INCLUDING, BUT NOT LIMITED TO, PRESERVATION OF TIDAL WETLANDS, SALT MARSHES, CREEKS, BAYS, LONG ISLAND SOUND, ESTUARIES AND FRESH WATER WETLANDS, PROVIDING OF PUBLIC ACCESS TO SUCH WATERWAYS, DRAINAGE AND RUN-OFF, ALL IN THE INTEREST OF IMPROVING WATER QUALITY AND WATERWAYS; PROVIDED, HOWEVER, THAT NO SUCH IMPROVEMENT, PRESERVATION OR PROVIDING OF ACCESS, DRAINAGE OR RUN.-OFF SHALL BE COMMENCED UNTIL ALL RELEVANT PROVISIONS OF THE STATE ENVIRNOMENTAL QUALITY REVIEW ACT HAVE BEEN COMPLIED WITH AND A FINAL DECLARATION AS TO ENVIRONMENTAL IMPACT HAS BEEN DULY MADE, STATING THE ESTIMATED MAXIMUM COST• THEREOF IS $250, 000, APPROPRIATING SAID AMOUNT THEREFOR, AUTHORIZING THE ISSUANCE OF $250, 000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION AND DETERMINING THAT THIS BOND RESOLUTION SHALL BE SUBJECT TO A MANDATORY REFERENDUM. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than three-fifths of all the members of said Town Board). AS FOLLOWS : 3 .14 AUGUST 23, 1999 SOUTHOLD TOWN BOARD Section 1 . The Town is hereby authorized to improve and preserve Town waterways, including, but not limited .to, preservation of tidal wetlands, salt marshes, creeks, bays, Long Island Sound, estuaries and fresh water wetlands and to provide public access to waterways, drainage and run-off, all in -the interest of improving water quality and waterways; provided, however, that no such improvement, preservation or providing such access, drainage or run-off shall be so commenced until all relevant provisions of the State Environmental. Quality Review Act (herein called "SEQRA") , constituting Article -8 of the New York Environmental Conservation Law, with respect thereto have been complied with and 'a final declaration as to environmental impact has been duly made by the entity duly authorized to make such determination and declaration. The estimated .maximum cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $250, 000, and .said amount is hereby appropriated therefor. The plan of financing includes the issuance of $250, 000 serial bonds . of the Town to finance said appropriation and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable . Section 2 . Serial bonds of the Town in the principal amount of $250, 000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, . constituting Chapter 33- a of the Consolidated Laws of the State of New York (herein called "Law") , 'to finance said appropriation. Section 3 . The following additional matters are hereby determined, stated and .declared: SOUTHOLD TOWN BOARD AUGUST 23, 1999 (a) The period of probable usefulness of said object or purpose, as described herein, for which the serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11 . 00 (a) 3 . of the Law, is thirty (30) years . (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the. purpose or purposes for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1 . 150-2 of the United States Treasury Department. (c) The proposed maturity of-.said $250, 000 serial bonds will exceed five (5) years . Section 4 . Each of the bonds authorized by this resolution and. any bond anticipation notes issued in anticipation of the sale of said bonds as well as any bond purchase obligation shall contain the recital of validity as prescribed by Section 52 . 00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount . The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of, the bonds and any notes in anticipation thereof to, mature in such year and (b) the payment of interest to be due and payable in such year. 3 ,1 U AUGUST 23, 1999 SOUTHOLD TOWN BOARD Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21 . 00 relative to .the authorization of the issuance of bonds with substantially level or declining annual debt service and of Section 30. 00 relative to the authorization- of the issuance of bond anticipation notes and of Section 50 . 00 and Sections 56. 00 to 60 . 00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and afs to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are 'hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds "authorized by this resolution and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or . (c) such obligations . are authorized. in violation of the provisions of the constitution. Section 7 . A proposition for the approval or disapproval of this bond resolution shall be submitted to the qualified voters of the Town at the Biennial Town Election to be held on November. 2, 1999, and this bond resolution shall take effect upon the approval of the proposition by said voters of the Town at that Election. SOUTHOLD4OWN BOARD AUGUST 23, 1999 The adoption of the foregoing resolution was seconded by Councilwoman Hussie and duly put to a vote on roll call, which resulted as follows: Councilman Brian G. Murphy Councilman John M. Romanelli Councilman William D. Moore AYES: Councilwoman Alice J. Hussie Supervisor Jean W. Cochran NOES: None The resolution was declared adopted. 2. a. Supervisor Cochran offered the fol],, wing resolution and moved its adoption: THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES AS FOLLOWS: Section 1 . At the Biennial Town Election of the Town of Southold (herein called "Town")', in the County of Suffolk, New York, to be held on November 2, 1999, between the hours of 6: 00 o' clock A.M. (Prevailing time) and 9: 00 o' clock P.M. ' (Prevailing Time) or as much longer as may be necessary to enable the voters then present to cast their votes, Proposition No. 2 in substantially the following form, shall be submitted to the qualified voters of the Town and shall be included in the Notice of such Biennial Town Election: PROPOSITION. No. 2 SHALL THE BOND RESOLUTION ENTITLED: "BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 23, 1999, AUTHORIZING THE IMPROVEMENT AND PRESERVATION OF TOWN:.WATERWAYS, INCLUDING, BUT NOT LIMITED TO, PRESERVATION OF TIDAL WETLANDS, SALT MARSHES, CREEKS, BAYS, LONG ISLAND SOUND, ESTUARIES AND FRESH WATER WETLANDS, PROVIDING OF PUBLIC ACCESS TO SUCH WATERWAYS, DRAINAGE AND RUN-OFF, ALL IN THE INTEREST OF IMPROVING WATER QUALITY AND WATERWAYS; PROVIDED, HOWEVER, THAT NO SUCH IMPROVEMENT, PRESERVATION OR PROVIDING OF ACCESS, DRAINAGE OR RUN-OFF SHALL BE COMMENCED-UNTIL ALL RELEVANT PROVISIONS OF THE STATE ENVIRNOMENTAL QUALITY REVIEW ACT HAVE BEEN COMPLIED WITH AND A FINAL DECLARATION AS TO ENVIRONMENTAL IMPACT HAS BEEN DULY MADE, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $250, 000, APPROPRIATING SAID AMOUNT THEREFOR, AUTHORIZING THE ISSUANCE OF $250, 000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION, STATING THAT LAND INSTALLMENT. PURCHA$E OBLIGATIONS ARE AUTHORIZED TO BE ISSUED PURSUANT TO THIS BOND RESOLUTION AND. DETERMINING THAT THIS BOND" RESOLUTION SHALL BE SUBJECT TO A MANDATORY REFERENDUM, " BE APPROVED?. 3 11 8 AUGUST 23, 1999 SOUTHOLD TOWN BOARD An abstract of said bond resolution, concisely stating the purpose and effect thereof, is as follows:. FIRST:' AUTHORIZING the Town to improve and preserve Town waterways, including, but not limited to, preservation of tidal wetlands, salt marshes, creeks, bays, Long Island Sound, estuaries and fresh water wetlands and to provide public access to waterways, drainage and run-off, all in the; interest of improving water quality and waterways; provided, however, that no such right, including the fee or any lesser interest, development right, easement, covenant, or other contractual right in any piece or parcel of such lands shall be so acquired until all relevant provisions of the State Environmental' Quality Review Act ("SEQRA") , have been complied with and a final declaration as to environmental impact has been duly made by the. entity duly authorized to make such determination and declaration; STATING the estimated maximum cost thereof is $250, 000; APPROPRIATING $250, 000 to pay said cost; and STATING the plan of financing includes the issuance of $250, 000 serial bonds of the Town, and the levy and collection of taxes upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; SECOND: AUTHORIZING the issuance of $250, 000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York ("Law") to finance said appropriation; THIRD: DETERMINING and STATING the period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued is thirty (30) years; that all or a portion of such bonds or any bond anticipation notes may be issued in the form of a land installment purchase obligation or obligations pursuant to Section 29. 10 of the Law; the proceeds of the bonds may be used to reimburse the Town for expenditures made after the effective date hereof for the purpose for which said bonds are authorized; and the proposed maturity of said serial bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that a proposition for the approval or disapproval of this bond resolution shall be submitted to the qualified voters of the Town at the BiennialTown Election to be held on November 2, 1999 and that this bond resolution shall take effect upon approval of such proposition. Said Proposition shall appear in substantially the following form on the ballot label to be inserted on the voting machines to be used for. voting at said Biennial Town Election: -YES : NO: SOUTHOLD TOWN BOARD AUGUST 23, 1999 r , PROPOSITION No . 2 SHALL THE BOND RESOLUTION ENTITLED: "BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 23, 1999, AUTHORIZING THE IMPROVEMENT AND PRESERVATION OF TOWW WATERWAYS, INCLUDING, BUT NOT- LIMITED TO, PRESERVATION OF TIDAL WETLANDS, SALT MARSHES, CREEKS, BAYS, LONG ISLAND SOUND, ESTUARIES AND FRESH WATER WETLANDS, PROVIDING OF PUBLIC ACCESS TO SUCH WATERWAYS, DRAINAGE AND RUN-OFF, ALL IN THE INTEREST OF IMPROVING WATER QUALITY AND WATERWAYS; PROVIDED, HOWEVER, THAT NO .SUCH IMPROVEMENT, PRESERVATION OR PROVIDING OF ACCESS, DRAINAGE OR RUN-OFF SHALL BE COMMENCED UNTIL ALL RELEVANT PROVISIONS OF THE STATE ENVIRNOMENTAL QUALITY REVIEW ACT HAVE BEEN COMPLIED WITH AND A FINAL DECLARATION AS TO ENVIRONMENTAL IMPACT HAS BEEN DULY MADE, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $250, 000, APPROPRIATING SAID AMOUNT THEREFOR, AUTHORIZING THE ISSUANCE OF $250, 000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION, STATING THAT LAND INSTALLMENT PURCHASE OBLIGATIONS ARE AUTHORIZED TO BE ISSUED PURSUANT TO THIS BOND RESOLUTION AND DETERMINING THAT THIS BOND RESOLUTION SHALL BE SUBJECT TO A MANDATORY REFERENDUM, " BE APPROVED? Section 2 . The Town Clerk is hereby authorized and directed to publish at least once in "THE SUFFOLK TIMES, " a newspaper published in Mattituck, New York, hereby designated the official newspaper of the Town for such publication, and to post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, said publication and posting to be at least ten (10) days before the Biennial Town Election, the Notice thereof, including the said Proposition ' for the approval or disapproval of the Bond Resolution adopted at this meeting. Section 3. The polling places in each of the respective election districts of the Town shall be the same polling places as shall be used at General Elections. Section 4 . After said bond resolution shall take effect, the Town Clerk is hereby directed to cause said bond resolution to be. published, in full, in the newspaper referred to in Section 2 hereof, and hereby designated the official newspaper of the Town for said publication, together with a Notice in substantially the form as provided by Section 81 . 00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. 3 ,2 0 AUGUST 23, 1999 SOUTHOLD TOWN BOARD Section 5. This resolution shall take effect immediately. 2a.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Councilwoman Hussie, Supervisor Cochran. This resolution was duly. ADOPTED. 3.- Moved by Councilman Moore, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the County Route 48 Corridor Land Use Study Findings Statement annexed hereto. Lead Agency: The Town Board of the Town of Southold Jean W. Cochran Supervisor William D. Moore Deputy Supervisor Louisa P. Evans Councilwoman Alice J. Hussie Councilwoman William D. Moore Councilman Brian C. Murphy Councilman John M. Romanelli Councilman Address: 53095 Main Road Southold,NY 11971 Contact Person: Elizabeth A. Neville Town Clerk Sputhold Town Hall 53095 Main Road Southold,NY 11971 Phone:(516)765-1801 Prepared By: Cramer Consulting Group, Inc. F,O.Box 5535 Miller Place,NY 11764 Date Final GEIS Accepted: July 20, 1999 Date Final Supplemental GEIS Accepted: August 3, 1999 SEQRA Status: Type I Agency Jurisdiction: Elected municipal legislative body of the Townof Southold whose duties include development and enactment of local land use legislation including zoning laws, approval of various land use applications including re- zonings, oversight over the land use process in the Town of Southold and approval of land use plans. SOUTHOLD TOWN BOARD AUGUST 23, 1999 3 ,2 1 Location of the Action: A corridor starting on the west at the Riverhead/Southold Town Lines, following Sound Avenue east to its intersection with County Route 48 in Mattituck; then following County Route 48 east until its intersection with NY$ Route 25 in Greenport; then following NYS Route 25 east until it intersection with Manhasset Avenue in Greenport,which is the terminus of the corridor. The corridor includes all parcels-;located wholly or partially within 1,000 feet north and south of the``above route,excluding any properties within the Incorporated Village of:Greenport. The entire action is located in the Town of Southold, County of Suffolk, Long Island, New York. Description of the Action: The Town Board of the Town of Southold-,proposes to approve and adopt the County Route 48 Land Use Study,the purpose of which is to provide recommendations to the Town Board regarding appropriate land use and zoning within the County Route 48 corridor. The recommendations provided in the Study include potential future zoning code changes, changes in permitted land uses within specific zoning districts,potential zone changes, and the adoption of visual resource best management practices. Note: These Findings are issued,pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review)of the New York State Environmental Conservation Law. Final and Supplemental Final Generic Environmental impact Statements have been completed and accepted for the proposed action described above. INTRODUCTION On September 8, 1998, the Town Board of the Town of Southold filed a moratorium on the issuance of approvals and permits for business-zoned properties within the County Route 48 corridor. The moratorium was intended to allow for the study of the corridor and to make amendments with regard to the "level and nature of business uses that are appropriate along Route 48, such that these uses compliment existing hamlet economic centers and that business uses appropriate outside hamlet centers are provided ample location in which to be situated". The County Route 48 Corridor Land Use Study was subsequently conducted and submitted to the Town Board on April 13, 1999. The study corridor is situated entirely within the Town of Southold and includes portions of Sound Avenue,County Route 48 and State Route 25. The corridor begins on Sound Avenue at the western Southold Town line and continues along Sound Avenue to its junction with County Route 48 in Mattituck hamlet. The study corridor then follows County Route 48 until its junction with State Route 25 in the hamlet of Greenport. The corridouthen terminates at the intersection of Manhasset Avenue and County Route 48/State Route 25. All parcels located within 1,000 feet of the,;.above portions of these roadways are included:in the study, with the exception of those parcels that are within the jurisdiction of the Village of Greenport. A Positive Declaration,Notice of Public Hearing and Draft Generic Environmental Impact Statement on the Land Use Study were adopted by the Town Board of the Town of Southold on April 20, 1999. A Public Hearing on the Draft Generic Environmental Impact Statement was held ori.May 6, 1999 and public comments were accepted until May 20, 1999. A Final Generic Environmental Impact Statement(FGEIS)was adopted by the Town Board on July 20, 1999. A Supplemental Final Generic Environmental Impact Statement(FGEIS)was adopted by the Town Board on August 3, 1999. This Findings Statement has been prepared pursuant to the requirements of Part 617.11 of the State Environmental Quality Review Act regulations(SEQRA)which state that no agency shall make a decision on an action which has been the subject of a Final GEIS until a written Findings statement has been prepared in regard to the facts and conclusions in the Draft and Final GEIS relied upon to support its decision. To conform to the SEQRA provisions,the Town Board of the Town of Southold has prepared this Findings Statement. 32 2 AUGUST 23, 1999 SOUTHOLD TOWN BOARD In its SEQRA review of the County Route 48 Corridor Land Use:Study, the Town of Southold has not identified any significant adverse environmental impacts. Nevertheless,the. Town of Southold chose to use the format of a Generic Environmental Impact Statement(GEIS) in its subsequent SEQRA review of and public comment on this Study it provided for the most comprehensive environmental review of the Study and allowed for the greatest degree,of public awareness and input. Furthermore, even though no significant adverse"Onvironmental impacts were identified as a result of the Study, Section 617.10 of the .SEQRA:xegulations states that GEISs may be used"to:assess the environmental impacts of: an entire program or plan having wide application...including new or significant changes to existing land use plans..."regardless of whether or not the action is expected to possibly result in adverse environmental impacts. COUNTY ROUTE 48 CORRIDOR LAND USE. STUDY The County`Route 48 Corridor Land Use Study provides recommendations.to the Town Board regarding appropriate land use and zoning within the corridor. These recommendations are the final step in a four.step planning and study process that was intended to provide a methodical and comprehensive look at land use and zoning in the corridor. The first step in the Study was to identify the characteristics of the corridor and surrounding areas that the Town and its citizens believe are important and valuable. These characteristics were garnered from past Town land use plans and studies as well as from the intent of Town actions,particularly previous land use decisions,re-zonings and code changes. Subsequent to the identification of desirable characteristics of the.eorridor,an analysis of existing conditions along the corridor was conducted and included existing zoning, land use,non-conforming lots, soils and habitats, economy,historical areas and traffic conditions. The third step in the process outlined the outstanding needs of the corridor based on a comparison of the desirable characteristics of the Town to the existing conditions of the corridor. In other words,the outstanding-needs are an enumeration of the work that still needs to be done to make the desired characteristics of the Town a reality. The final step in the process provided recommendations relative to satisfying the outstanding needs. The recommendations provided in the Study include potential future zoning code changes, changes in permitted land uses within specific zoning districts,potential zoning changes,and the adoption of visual resource best management practices. Once the Land Use Study is adopted,Town would,at its discretion, implement all or part of its recommendations. The County Route 48 Corridor Land Use Study finds the following: Previous Land Use Plans and Town Actions It was not the intent of the County Route 48 Land Use Study to develop new goals and strategies for the Town of Southold to follow,but rather tosyaopsize what the Town has already determined to be its goals and desires. This deterinuation of goals has been clearly stated in numerous land use plans and studies,and can be inferred from the intent of past Town ire-zonings and code changes. The-Land Use Study took these goals and categorized them into four major themes. All four of the themes,derived from a shared vision of residents and officials,are geared toward providing the Town with a strong economic;bbse and a high quality of life. Each theme is briefly discussed below. More specific comments regarding each theme are included in Section III of the Land Use Study. 1. Preservation of(Farmland and Agriculture Farmland is a valuable and dynamic industry-in the Town of Southold. The open fannlands are not only highly cherished for their economic value,but for the scenic ,.vistas they provide. The open space and scenery created by farmland additionally contributes to the.quality of life of the residents,while promoting tourism and recreation. 2. Preservation of Open and Recreational Space The Town of Southold relics heavily upon its scenic beauty and open landscapes for recreation,clean air and water,as well as for its attraction to tourists and recreation- 4 SOUTHOLD TOWN BOARD AUGUST 23, 1999 seekers. The Town has attracted many second homeowners because of its"natural resources,abundance of open space, farms, picturesque villages,and the ever-present waterfront"(Master Plan Update, 1985). Due to this opera`•space,the Town has a tremendous development potential. Bleak pictures have been painted in a few documents,warning of strip-type development,suburban sprawl and water supply issues. The preservation of open and recreational space is;not only aesthetic, but also a necessity for the present and future needs of the Town. 3. Preservation of the Rural,Cultural,Commercial and Historical Character of the Hamlets and Surrounding Areas The Town of Southold is renowned for its rural,cultural;commercial and historic character. This unique character is recognized in all of the documents reviewed. Based'on the input of Town residents,the Final Report and Recommendations states that the two most prevalent and key issues are keeping growth in the existing hamlet centers and preserving and enhancing the surrounding rural areas. Additionally,the Master.Plan Update recommends the provision for"a community of residential hamlets that are comprised of a variety of housing opportunities,commercial,service and cultural activities, set in an open or rural atmosphere.and supported by a diversified economic base(including agriculture,marine commercial and seasonal. recreation activities)." 4. Preservation of the Natural Environment Accoritmodating"growth and change within the Town without destroying its traditional economic base,the natural environment on which that base rests,and the unique character and the way of life that defines the Town" is of utmost importance" (Ground Watershed Protection and Water Supply Management Strategy). The Master Plan Update recommends preservation of the Town's natural environment from wetlands to woodlands and to"achieve a land use pattern that is sensitive to the limited indigenous water supply and will not degrade the subsurface water quality. Outstanding Needs The outstanding needs enumerated below are the culmination of careful comparison of the intent and goals of the town(as stated in past land use plans and studies)and the existing conditions along the County Route 48 corridor. Therefore,the needs are not new,but rather reflect the past and present vision of the Town and the work that still needs to be done. Due to the proximity of County Route 48 to th'e hamlet centers and to avoid potentially conflicting development strategies for the two areas,the outstanding needs are intended to be valid throughout the Town. The outstanding needs for the Town of Southold are found to be: • Provide for viable land use development at intensities sensitive.to subsurface water quality and quantity. • Maintain and strengthen hamlet centers as the focus of commercial,residential, and cultural activity. • Preserve the open,agricultural and rural character of areas outside of the hamlet centers. • Provide for a variety of housing opportunities for citizens of different incomes and age levels. • Enhance the opportunities for pedestrian-friendly shopping. • . .Continue to support the Town's agricultural economy. • Maximizelthe Town's natural assets, including its coastal location and agricultural base, by balancjng commercial,residential and recreational uses. • Strengthen the Town's marine-recreational and marine-commercial activities. • Encourage the preservation of parkland and public access to the Waterfront. • Support tourism by maintaining and strengthening the Town's assets that attract tourists, namely hamlet center businesses,historic heritage,building architecture,a sense of place,rural and open character,agriculture,and marine activities. • Preserve prime farmland in the Town and continue to support the diversification of agriculture. • Preserve the historic,cultural,architectural and archaeological resources of the Town. • Ensure-the efficient and safe movement of people and goods within.the Town. • Preserve visual quality of hamlet centers. • Encourage appropriate land uses both inside and out of hamlet centers. • Promote balanced economy and tax base. • Preserve the integrity of the Town's vegetative habitats, including freshwater wetlands and woodlands. `3 2 '4 AUGUST 23, 1999 SOUTHOLD TOWN BOARD a Recommendations and Opportunities in an effort to satisfy the outstanding needs of the Town of Southold as they apply to the County Route.48 corridor,land use recommendations were;developed. These recommendations are found to meet the outstanding,needs.to the lest extent practicable and are consistent with the major themes garnered form previous:land use documents and Town actions,whileproviding the-Town flexibility in their.actual Implementation. However,it should be noted that the list of recommendations is not exhaustive and that a variety of techniques and mechanisms may be utilized by the Town to achieve desired results. Furthermore,it is recognized that some of the recommendations would need further environmental and planning analysis as well an opportunity for public input prior to implementation. Each recommendation below is written in Sold Italics and is identified by a bullet. Explanations or further discussions are provided after each recommendation and is written in regular font. The County Route 48 Study states. • Re-zone parcels to more appropriate uses. Several opportunities exist to.re-zone properties to allow for more appropriate uses. Such re-zonings may include changes.from commercial to residential or A-C zoning categories as well from residential or A-C to commercial. In some cases,the re-zoning of parcels to less intensive uses will help to limit the interruption of scenic views and vistas from the roadway,and will help to maintain the agricultural character of much of the corridor. Re-zonings are intended to balance the residential, commercial, environmental and recreational needs of the Town. Existing enclaves of commercial use may be enhanced by additional appropriate commercial parcels. Similarly,existing agricultural or residential areas may be enhanced by the re- zoning of nearby vacant commercially-zoned parcels. Byconcentrating future commercial uses in areas of existing commercial activity(particularly hamlet centers)results in a more viable and ordered land use pattern and helps to prevent the dilution of consumer activity in the Town. The hamlet centers currently act as the commercial centers of the Town and provide a sense of place. In contrast, areas outside of the hamlet centers generally portray a more open and agricultural character,with small areas of commercial activity. The contrasting characteristics of these areas are highly prized;by the residents of the Town. Southold is one of the only towns on Long Island where hamlet centers still exist for the most part. The re-zoning of certain parcels within the corridor to more appropriate uses will have the effect of enhancing the basic characteristics of the hamlet centers and areas along the corridor. The statement on page 50 of the Land Use Study stating that"a reduction in the potential intensity of land use in this area is anticipated to have a beneficial impact in terms of water usage and'potential groundwater impact"is rescinded. It is noted that.agricultural use may, under certain scenarios, result in groundwater usage and/or contamination above'that associated with commercial uses. However,as stated on pages 478 through 4-10.of the Final GEIS,the trend in agriculture in the Town of Southold.is toward crops that require drastically lesser amounts of irrigation, fertilizer and pesticide, such as vineyards. • Promote,incentive zoning as a means to preserve agricultural and other desirable parcels, and as mitigation for change of use where appropriate. It is recommended that applicants seeking to increase density or change of use allowed by special exception/special permit in an appropriate zoning district would be required to provide development credits from other more sensitive parcels(clustering). The parcels from which these credits were taken would effectively become sterilized,�with the exception of continued agricultural usage. This program is anticipated to preserve a variety of vegetative habitat areas, provide for parkland and open areas, maintain agricultural activity,and limit development within primary groundwater recharge areas:;';As discussed on pages SOUTHOLD TOWN:BOAR.D AUGUST 23, 1999 i3r� V 4-10 through 4-12 of the Final GEIS,the payment of money to the Town in return for incentive zoning is not contemplated by the Land Use study. Further detailed SEQR review will be necessary to identify potential adverse environmental impacts prior to the decision to implement this recommegdation. • Require greater setbacks from the roadway for larger dricultural and commercial buildings. A formula may be developed relating building size46 setback distance, with larger buildings be located farther from the roadway. This recommendation is not intended to preclude the construction of agricultural-related structures or otherwise limit agricultural activity, but rather to preserve the open agricultural views and vistas from County Route 48 and Sound Avenue. • Orient buildings to limit the interruption of scenic vistas and views. This recommendation is to be used at the time of site plan review. Consideration should be given to the orientation, size and height of the building with respect to its visual impact from perspectives along County Route 48 and Sound Avenue. This recommendation is not intended to preclude the construction of buildings,but rather to examine viable alternative building locations that meet the needs of the property owner while limiting the interruption of open scenic views. • Continue enforcement of the Town Code with respect to the type of products permitted to be sold at farm stands. This recommendation is intended to help maintain the agricultural character of the corridor by limiting the products sold at farm stands to only those that are permitted under the Code. Such limitations have the effect of limiting the dilution of consumer activity in the Town, strengthen commercial establishments in hamlet areas,maintain the character of the area and maintain the safe and efficient flow of traffic. It is recognized that the Town has revisited the section of the Code dealing with farm stands several times. Due to the continually changing trends in agriculture and the sale of agriculturally related products,the Town Code must be periodically updated to provide for viable enterprises while maintaining the desired character of the Town. • Continue enforcement of the Town Code with respect to the conversion of agricultural buildings to other commercial uses. The Town Code contains restrictions on the conversion of agricultural buildings to other commercial uses. It is recommended.Ol at the current provisions of the Code continue to be enforced to preserve the character of the agricultural and open areas as well as limit the potential for the dilution of consumer activity in the Town. • Cluster residential development away from the roadway. To maintain the open character of most of the corridor, it is recommended that future residential development be clustered away from the roadway. Use of the clustering technique allows for retention of naturally vegetated or agricultural lands. Maintaining a distance between the development and the roadway decreases the apparent mass of the project and maintains at!least a portion of the open vistas. A recommendation to amend the Town Code with respect to non- contiguous clustering(clustering of development using development rights transferred from non-contiguous parcels)would require detailed SEQR review prior to implementation. F1 3 .6 AUGUST 23, 1999 SOUTHOLD TOWN BOARD • Require vegetated buffers between residential development and the roadway. This recommendation may be utilized in conjunctiory with the clustering recommendation above. It is suggested that, where possible, agricultural uses be maintained along the roadways for scenic vistas and views and then a natural and/or landscape buffer,be provided to screen the new homes. Agricultural uses along the roadway would maintain the open views and vistas. A landscape buffer is especially important for screening of distant homes when they are built on farm fields., This recommendation may be implemented on a site by site basis on properties where the size and configuration can support such a layout. • Develop and implement the use of visual resource best management practices. A suggested list of visual resource best management practices is provided in Appendix B located at the end of the County Route 48 Land Use Study. These practices were developed subsequent to the identification of four guiding principles of the desirable visual character in the Town of Southold. The best management practices are intended to be utilized at the time of site plan review or as otherwise deemed appropriate by the Town. Much of the intent of the practices is to maintain or enhance the open character of the County Route 48 corridor. • Amend the Town Code with respect to the Residence Office (RO)District. The visual and historical character of the hamlet centers are based, in part, on the existing residential homes. Historically,many of the homes in the Town were constructed along the major roadways. As development and population in the Towwhas increased, many of these older homes are no longer as desirable for continued residential use due to traffic and surrounding land uses. Changes of use from purely residential to commercial or other use may likely include the removal of structures that were once a major part of the character of the hamlet. Strengthening of the RO district through amendments to the Code would help to preserve the architectural character of the hamlets. Recommended code amendments with respect to the RO district include requiring the adaptive re-use of existing residences where appropriate; increase the number of allowable uses permitted in the RO district,particularly those that generate little traffic; increase the number of uses permitted in 'the district by special exception; and amend site plan requirements with respect to buffers,parking and building design. • Amend the Town Code with respect to the Limited Business (LB)District The Town Code is recommended to be amended to:allow additional as-of- right uses in the LB zoning district. .The site plan requirements associated with LB zoned properties should be amended to provide for better buffering and screening of uses. Additionally,the architecture of a proposed structure in this district should be in conformance with surrounding area and resemble residential structures as much as possible. • The Town Code should be amended with respect to non-conforming uses. In certain areas, parcels can be found where the existing use does not conform with the existing zoning. In cases where the use became non-conforming due to a zone change;:provisions can be made to allow for limited expansion of that use or permit a change of use to a less intensive non-conforming use. Applicants requesting expansion or change of use could make site improvements as mitigation for the request. These site improvements are anticipated to improve the visual character of the area as well as improve traffic flow and other undesirable effects of the:non-conforming use. As stated on pages 4-13 and 4-14 of the Final GEIS,this recommendation allows for non-conforming businesses to change, grow and remain viable.by permitting expansion,and change beyond that which is commonlypermitted. The recommendation is not limited to parcels located within the County Route 48 corridor,but instead is intended to be applied to parcels throughout the Town. SOUTHOLD.TOWN BOARD AUGUST 23, 1999 3 • Re-zone appropriate parcels adjacent to Mattituck Creed to MI and/or MII zoning category. The 1985 Master Plan Update(RPPW), as well as other past Town of Southold plans and studies,recommends the enhancement of water-related recreational and commercial activities. Opportunities exist in the vicinity of Mattituck Creek to enhance marine recreational and marine business usage. Re- zoning of certain parcels would allow for viable commercial businesses to thrive while taking advantage of the Town's proximity to the water. Mattituck Creek is the only portion of the County Route 48 corridor that may be appropriate for such uses. Pages 2 and 3 of the Supplemental Final GEIS acknowledged that the southern end of Mattituck Creek contains environmental resources that are sensitive to development. It is important to note that the recommendation for a change of zone does not commit the Town to a course of action that will result in adverse environmental impacts. Prior to the re-zoning of parcels consistent with the County Route 48 Corridor Land Use Study and the Master Plan Update,the recommendation to re-zone should undergo SEQR review to determine that sufficient developable land exists on the site for reasonable development with appropriate mitigation measures. The ultimate development plan for the site should undergo additional.SEQR review and must take into account site-specific characteristics including,but not limited to, site size,configuration, drainage, surrounding land use, noise,traffic and proximity to wetlands. Specific mitigation measures including site design constraints and limited permitted uses would be appropriate at that time. • Preserve the integrity of the Town's vegetative habitatsjncludingfreshwater wetlands and woodlands, The recommendations to promote incentive zoning and clustering'may be used to continue to preserve freshwater wetlands,woodlands and other ecologically important habitats. It may be appropriate to re-zone parcels containing or adjacent to these habitats to allow for lowerlimpact uses. Proposals to implement incentive zoning and non-contiguous clustering should undergo SEQR review and public comment period to identify potential adverse environmental impacts prior to implementation. • Modify the Town Code to allow other uses in vineyards,under special exemption/special permit. Additional uses including restaurants and bed&breakfasts may be allowed under special exemption/special permit as long as yield is provided from other parcels. This recommendation is intended to draw consumers into the Town of Southold by promoting the Town as an agricultural and winemaking region. The recommendation does not suggest the sale of non-agricultural products that would otherwise be more appropriately sold in other zoning districts or the sale of take- out food: • Modem the Town Code to limit curb cuts to one per site unless unusual circumstances exist An increase in the number of curb cuts typically has a negative impact on traffic flow. By limiting the number of curb cuts,particularly along County Route 48 and Sound Avenue, impacts to traffic flow are anticipated to be limited. • Require links between the parking areas of commercial operations to allow for vehicle movement between adjacent establishments. This recommendation can be applied at the time of site plan review for appropriate sites. The requirement will have the effect of reducing the number of vehicles entering and exiting County Route 48 and Sound Avenue. 32 $ AUGUST 23, 1999 SOUTHOLD TOWN BOARD • Require that subdivided residential lots access side road's and not directly to County Route 48, where appropriate. As noted earlier, an increase in the number of curb cuts generally has a negative impact on the flow of traffic. This recommendation in effect reduces the number of curb cuts on County Route 48 and Sound Avenue. • Where appropriate, consider the use of flag lots with common drives for residential development. Similar to the recommendation above,the use of common drives effectively reduces the number of curb cuts on County Route 48 and Sound Avenue. ENVIRONMENTAL SETTING; POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES The Environmental Setting for the Land Use Study/GEIS is represented by the existing natural resources and human resources found within the County Route 48 corridor. The Land Use Study reviewed the existing conditions in the corridor including existing zoning,existing land use, non-conforming lots, soils, habitats, economy, historical areas, and traffic conditions. Past land use plans, studies and Town actions were reviewed in order to identify common goals for proper development in the Town. These goals were compared to the existing conditions in the corridor and a subsequent list of outstanding needs was developed, indicating those areas where the existing conditions were wholly or partially inconsistent with the goals. The discrepancies between land use goals and actual land uses are considered to be impacts. The recommendations provided in the Study are intended as mitigation measures to avoid or minimize any future discrepancies(impacts)between future land use and the land use goals. Accordingly,implementation of the recommendations of the Study or similar land use techniques is expected to result in significant beneficial environmental and social impacts. As the recommendations of the Study are directed at 'more comprehensive,coordinated and sensitive approach to directing land use,the Study is not anticipated to result in any adverse environmental impacts. In addition to the analysis described above, a review of the Study was conducted in comparison with the Criteria for Determining Significance in Section 617.7 of the SEQRA regulations. These criteria include impacts to air quality; groundwater quality or quantity; surface water quality or quantity; traffic; noise levels; solid waste production; potential.for erosion, flooding, leaching or drainage problems; impacts to vegetation,wildlife, significant habitat areas; and threatened or endangered species; impacts to Critical Environmental Areas; historical or archaeological resources; architectural or aesthetic resources; existing community or neighborhood character;energy; and agriculture. This review found that adoption of the Plan did not exceed any of the thresholds listed.Accordingly;on this analysis alone,the adoption of the Plan is not anticipated to result in any significant adverse impacts to any of the criteria resources examined. Also examined was the potential for adverse growth-inducing actions and any potential cumulative impacts from two or more related actions, no one of which would have a significant impact on the environment,but when considered together result in a substantial adverse impact on the environment. The analysis of these types of impacts found that they would not be generated by the adoption of the Study. Finally,the Study itself does not, in and of itself,result in any direct physical activity or direct modification of the environment and,therefore,has no potential-for significant adverse physical impacts, regardless of the aforementioned analyses. In addition,the Study does not { ki` SOUTHOLD TOWN BOARD AUGUST 23, 1999 3 , 9 commit the Town to any one course of action. Instead the Study presents, in the form of recommendations, mitigation measures or a range of mitigation measures that could be utilized in future land use decisions to minimize or avoid adverse impacts caused by past development patterns. In conclusion,the Town of Southold has not identified any significant adverse environmental impacts for this action. As noted above, the proposed action is expected to result in long-term beneficial impacts on the Town of Southold including those actions which are environmentally-sensitive, socially-desirable and economically feasible. ALTERNATIVE The Alternatives section of the DGEIS describes only one alternative, the No action Alternative, which is required by the SEQRA regulations. No action he is determined to mean that land use and development would continue to occur under the present Town Code, zoning and regulations, i.e. the status quo. (A No Action alternate entailing a No-Build and no physical activity scenario is unrealistic and unfeasible). No other alternative was discussed in this section because no other means of comprehensively addressing the identified land use,transportation, environmental, cultural resource,hamlet and demographic issues has been determined. Under a No Action alternative, a more comprehensive, coordinated approach'to directing land use will not be implemented and the goals of the Town and its citizens will not be addressed in a cohesive manner. If no action is taken, existing problems and issues identified the existing problems in the corridor that run contrary to past land use plans and studies will not be rectified or addressed and will continue to represent significant areas of concern for all who live and work in the Town of Southold, ECONOMIC AND SOCIAL CONSIDERATIONS Analysis and consideration of economic factors and impacts are not mandated by SEQRA as they are not directly involved with the determination of environmental impact. Nevertheless, when issuing a Findings Statement for a decision, Part 617.11(d)of the SF_QRA regulations requires that the lead agency weighs and balances relevant environmental impacts with economic,social and other considerations. The Land Use Study offers comprehensive planning recommendations that promote land uses that are within sound environmental constraints and parameters. There have not been any significant adverse economic impacts identified that would result from the approval of this Land Use Study. The Land Use Study provides ample opportunities for existing business to expand and new businesses to locate in the Town. Furthermore,the Study promotes development of land uses that result in making the Town an attractive place not just in which to work, but in which to live. The Land Use Study accomplishes this by providing ample.areas for the growth of commercial,residential and agricultural uses while maintaining the open space and rural character of the Town. Measures intended to maintain the existing open and Waal character of the Town.by promoting balanced and coherent land use,are anticipated to maintain or enhance the draw of tourists and consumers'from outside of the Town,thereby bolstering local businesses. In addition,Land Use Study recommendations will help to limit infrastructure costs by promoting commercial uses in existing commercial enclaves,limiting curb cuts, and promoting pedestrian-friendly shopping. Additional SEQRA"review will be performed for future specific actions which implement the recommendations of the Land Use Study and which may have an economic impact. The Town of Southold has conducted numerous land use plans and studies that have developed recommendations or goals based on land use,environmental resources,economics and social considerations. The County Route'48-Corridor Land Use Study was purposely designed to incorporate past Town plans and studies,particularly their goals and recommendations. This, in conjunction with the fact that many of these plans and studios included Input from tiro citizens of the Town and were subject to public comments,indicate that the recommendations of the Corridor Land Use Study are based in part on and provide substantial consideration of long term 313 O AUGUST 23, 1999 SOUTHOLD TOWN BOARD social considerations. Additionally,the overwhelming public support for the County Route 48 Land Use Study fu rd=emphasizes its consistency with the desires of its citizens. The recommendations of the Land Use Study are intended to enhance.or maintain various characteristics of the Town including visual resources (rural and open),noise,consumer and pedestrian-friendly shopping,and the sense-of--place character of hamlets. Enhancement and maintenance of these and other characteristics will enable the Town to continue to be a highly desirable place to live for its citizens. REVIEW AND IMPLEMENTATION OF FUTURE SPECIFIC AND SITE-SPECIFIC ACTIONS RELATED TO THE LAND USE STUDY SEQRA regulations 617.10(b) and (c)state that: "GEISs and their findings should set forth specific conditions or criteria under which future actions will be undertaken or approved, including requirements for any subsequent SEQR compliance. This may include thresholds and criteria for supplemental EISs to reflect specific significant impacts, such as site specific impacts, that were not adequately addressed or analyzed in the generic.EIS. Impacts of individual actions proposed to be carried out in conformance with[the Land Use Study]and the thresholds or conditions identified in the generic EIS [and f ndings statement]'may require no or limited SEQR review". In conformance with this portion of the SEQR regulations, criteria and thresholds.have been established to indicate when additional SEQR review is required for actions carried out in conformance with the recommendations of the Land Use Study. These czlteria and thresholds do not preclude the Town from reviewing proposed actions,but rather states when SEQR review is required. These criteria and thresholds are as follows: 1. Changing the zoning category of a parcel from any one of the industrial or commercial zones in the Town of Southold to a single-family residential or Agricultural Conservation zone shall not require further SEQR review. 2. Changing'the zoning category of a parcel from a higher density residential zone to a lower density residential zone or Agricultural Conservation zone shall not require further SEQR review. 3. Changing the zoning category of a parcel from one industrial zone to another industrial zone,or from one commercial zone to another commercial zone, or from an industrial zone to commercial zone shall not require further SEQR review if: a) the proposed new zoning category for the-subject parcel is consistent with the zoning of surrounding parcels, or b) the proposed change of zone does not permit higher intensity use of the subject parcel as compared to the existing zone in terms of lot coverage,building height, parking requirements,traffic, impervious area, drainage, and setbacks, or c) the proposed change of zone does not take place in a designated historical area, a critical environmental area, areas of low depth to groundwater, or contain or are adjacent to freshwater or tidal wetlands, or d) the proposed change of zone is inconsistent with the County Route 48 Corridor Land Use Study and past land use plans of the Town of Southold. 4. Changing the zoning category of a parcel to MI or MII will require detailed SEQR review due,-in part,to its inherent proximity to surface waters. SEQR review for such a change of zone shall consider impacts to surface and ground waters, wetlands and terrestrial vegetation, visual character of the area,traffic, surrounding land.use,precedent-setting effect, as well as'other areas deemed appropriate for review by the Town of Southold. SOUTHOLD TOWN BOARD AUGUST 23, 1999 5. Changes to the Code of the Town of Southold related to ron-contiguous clustering shall require detailed SEQR review. This review must consider potential impacts to groundwater resources, sanitary flow, nearby public and private wells,traffic, visual character,community'services,taxing jurisdictions particularly school districts, as well as other areas deemed appropriate for review by the Town of Southold. 6. Changes'to the Code of the Town of Southold related to incentive zoning shall require detailed SEQR review. This review must consider potential impacts to groundwater resources, sanitary flow, nearby public and private wells, noise, visual character,traffic, community services,taxing jurisdictions particularly school districts,as well as other areas deemed appropriate for review by the Town of Southold. 7. Changes to the Code of the Town of Southold related to expanding the number and types of uses permitted in zoning categories as-of-right shall required detailed SEQR review. SEQR review for this such changes to the Code shall consider impacts to groundwater resources, clearing of vegetation, visual character of the area,traffic, surrounding land use, precedent-setting effect, as well as other areas deemed appropriate for review by the Town of Southold. 8. Changes to the Code of the Town of Southold recommended in the County Route 48 Land Use Study and not explicitly stated above as requiring detailed SEQR review are not anticipated to result in adverse environmental impact as per the Draft GEIS,Final GEIS and Supplemental Final GEIS. Therefore, implementation of these recommendations shall not require further SEQR review. Section 617.10(d)of SEQRA states that when a final generic EIS has been filed: 1. No further SEQRA compliance is required if a subsequent proposed action will be carried out in conformance with the.conditions and thresholds established for such actions in the GEIS or its findings statement; 2. An amended findings statement must be prepared if the subsequent proposed action was adequately addressed in the GEIS but was not addressed or was not adequately addressed in the findings statement for the GEIS, 3. A negative declaration must be prepared if a subsequent proposed action was not addressed or was not adequately addressed in the GEIS and the subsequent action will not result in any significant environmental impacts; 4. A supplemental to the final GEIS must-be prepared if the subsequent proposed action was not addressed or was not adequately addressed in the GEIS and the subsequent action may have one or more significant adverse environmental impacts. The Town of Southold shall adhere to the above statement and thresholds for review and implementation of specific actions related to the County Route 48 Corridor Land Use Study. CERTIFICATION OF FINDINGS TO APPROVE: In accordance with Part 617.1 l(d)of the New York State-Environmental Quality Review Act regulations,the Town Board of the Town of Southold has considered the Draft Generic and Final Generic Environmental Impact.Statements for the action known as the County Route 48 Corridor Land Use Study and has met the requirements of this Part. These Findings contain the facts and conclusions relied upon to support the Town Board's decision and indicate the social, economic and other factors and standards which formed the basis of its decision. Furthermore,the Town Board finds that consistent' with social,economic and other essential considerations in the No Action Alternative,the Land Use Study avoids or minimizes adverse environmental impacts to the maximum extent practicable. The Study provides an assessment of existing conditions along the corridor and identifies those areas where the existing conditions are inconsistent with the goals of past laud use plans. The Study then offers various recommendations as mitigation measures to bring the conditions of the County Route 48 corridor into conformance with the goals of the Town. Therefore,adverse environmental impacts will be avoided or minimized by the implementation of all or part of the recommendations(mitigation measures)of the Land Use Study,or the implementation of other land use.policies that have the same effect as the Study recommendations. 3 3 2- AUGUST 23, 1999 SOUTHOLD TOWN BOARD 3.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 4.-Moved by Councilman Murphy, seconded by Councilman Moore, WHEREAS, THE Town Board of the Town of Southold recognizes that the Community Preservation Fund Tax Return requires the signature of the Town Attorney or a designated official for purposes. of affirming that a particular exemption applies to the subject property; therefore, be it RESOLVED that the Town Board of the Town of .Southold designates Mary C. Wilson, Assistant Town Attorney, as the designated official for purposes of signing the exemption provision of the Community Preservation Fund Tax Return. 4.-Vote of the Town Board: Ayes: Councilman Murphy,. Councilman Romanelli, Councilman Moore, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED SUPERVISOR COCHRAN: That is end of our resolutions. Before I adjourn is there anyone that would like to speak to the Town Board? Yes? JACK WILLIAMS: Jack Williams from East Marion. I don't know what to say but the Town Board has done violence to it's own procedures by having this meeting, and by having" this vote here. The Suffolk Times says that it is Work Session this morning. I believe that I was here when the discussion was held last week about what was going to go on. I don't recall any discussion that there was going .to be a vote at 9:00 o'clock Monday morning on these various issues. I may be wrong. I occasionally am, but it does seem to me there has been some surprise that has been around the room as to this meeting taking place. SUPERVISOR COCHRAN: Ladies and . gentleman, Jack, this is the public notice as it went out, and you may have a copy. This is also sent to all newspapers and it states that the meeting is to adopt resolutions setting dates for public hearings for zone and Code changes, SEQRA findings and so on, and so forth. This is what went out to the papers, so they are in error. . JACK WILLIAMS: We are the only ones surprised here. SUPERVISOR COCHRAN: I' am sorry. Anyone else like to address the Board? (No response.) If not, may have a motion to adjourn? Moved by Councilman Moore, seconded by Councilman Murphy, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 9:10 A.M. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Councilwoman Hussie, Supervisor Cochran. This, resolution was duly ADOPTED. Eliza eth A. Nevi le Southold Town Clerk