Town Board Votes Unanimously To Enact Moratorium In Mattituck

MATTITUCK, NY — The Southold Town board voted unanimously on Tuesday to enact a six-month moratorium that would temporarily put the brakes on the issuance of approvals and permits on Main Rd. in Mattituck while an expanded corridor study, weighing traffic impacts and other concerns, is underway.

The moratorium would encompass Rt. 25 in Mattituck from Bay Ave. to Pike St. The intent of the moratorium is to allow for the expansion and completion of an ongoing transportation study and the town's comprehensive plan and to give the town board the opportunity to implement changes proposed in those studies, including improvements to infrastructure, the legislation states.

The moratorium, Southold Town Supervisor Scott Russell said, would stop the review of all pending applications including building permits, ZBA review and site plans.

"If construction is underway, the moratorium will not stop that, since the presumption is that all necessary applications have already been approved," Russell added, after a past work session when the moratorium was first discussed.

The moratorium "freezes" any pending applications that haven't received approval and halts the review any of the pending applications that have not received site plan approval, the supervisor said.

The moratorium does not apply to residences, municipal corporations such the fire district, other districts, and libraries, according to the legislation.

In addition, the moratorium will last six months but can be expanded, and allows for exemptions based on hardship, the legislation states.

Attorney Gail Wickham, whose office is also in Mattituck, thanked the board "for considering legislation that provides for orderly development, particularly near the Love Lane intersection."

However, she asked that the board consider exclusion for properties that have already been developed, particularly commercial buildings whose owners are "paying taxes and trying to run a business." She asked that applications be allowed to proceed that are as of right under town code, or special exceptions that are allowed as of right subject to conditions. And, she said, while six months is not a long time, if the moratorium were extended "it could create undue hardship."

Mattituck-Laurel Civic Association President Charles Gueli pointed to studies that have been done in past years, all of which identify traffic as a major problem and safety concern in the area — traffic also has a negative impact on quality of life, he said.

With traffic a complex issue, Gueli said: "I believe a correct solution will not be a quick one." He added that the MLCA applauded and supported the moratorium.

Anne Smith, former Mattituck-Cutchogue School District superintendent, said she represented a working group of the MLCA dedicated to finding solutions. She also applauded the board for its efforts to enact a moratorium. "We must be stewards of the land and waterways," she said, adding that the group welcomed the pause, which would allow for the exploration of grant opportunities, and to "achieve a vision."

Past studies have identified a walkable hamlet and green spaces as strengths, Smith said, as well as a strong hamlet center. Weaknesses, identified as far back as 2005, included "hodgepodge" commercial development and "heavy, fast moving traffic." What's critical, Smith said, is a vision for the corridor. Infrastructure and land use must be examined with expert and local input, Smith said.

"A moratorium won't stop everything forever but at least it gives the time to consider all the alternatives and choose the right way to go," Cutchogue resident Benja Schwartz said.

Robert Harper of Mattituck said he and his wife have lived in the area for 30 years. He referred to a comment he said Councilman Bob Ghosio had made at a past meeting that he believes resonated: "People come here because we have what they don't have."

Russell said he believed the converse was also true. "They come here because we don't have what they have."

Harper also reflected: "They're not coming to see a CVS, an empty Capital One building, or a McDonald's," he said. Instead, they are coming for unique places such as Love Lane. "Thank you for having the courage and the foresight to put the brakes on things," he said.

He added that he'd counted a number of vacant properties in Mattituck, and said excess development can leave the area "stuck with buildings we don’t need." The changing character of Mattituck, he said, "hasn't changed our lives for the better."

To the board, Harper said: "I think what you are saying is, 'Let's take a moment, take a breath."

John Carter, former MLCA president, thanked the board "for the wisdom and fortitude to protect Mattituck." Mattituck is facing a range of opportunities, challenges and influences, and the town and Mattituck community need the time to study the work that has been done and to discuss and ultimately, address those opportunities, challenges and influences, Carter said.

Barbara Solo of New Suffolk mentioned a plan for a hardware store on Main Rd. and New Suffolk Ave. that has sparked opposition from the community; the parcel where the project would be sited falls within the boundaries of the proposed moratorium.

"I don't want to address specific properties," Russell said.

Solo said the intersection near that parcel was "very dangerous" and said she supported the moratorium.

Phil Barbato, active in civic organizations in Jamesport, said he'd come to listen. "I'm so glad the town next door has so much foresight and intelligence, to really take a second look at this kind of thing."

Mattituck resident and architect Meryl Kramer discussed a study commenced by SUNY college students in recent months that indicated all shared the same common goals. "Maybe now we are finally at the breaking point where we all need to make changes and plan for the future. Bravo to the town board for the moratorium," she said.

Traffic calming and light pollution need to be addressed, said Mattituck resident Mike Cortese.

Russell noted that the town had passed Dark Skies legislation but said while there has been some compliance, there is a "way to go, without a doubt."

Resident Jim Underwood asked if a six-month moratorium was long enough; Russell said that the town would reserve the right to extend the moratorium.

In an email after the meeting, Russell said that hardship cases need to be determined on a case-by-case basis.

"There's no spelled out criteria," he said.

And, discussing the vote, he said: "Typically, we usually wait two weeks or more before we vote on a proposed local law. That's because we usually get comment for or against and need to carefully consider all opinions. Tonight, however, we voted to enact the moratorium right after the public hearing because we hadn't received any comments in opposition."

Of the moratorium Russell said: "I think it is a necessary step moving forward. The comp plan isn't quite finished and we may want to include the findings and recommendations of the broader scope of a study that is already underway. By expanding the scope, which looks at existing infrastructure and land use, we can develop a more comprehensive plan to address that corridor."

The moratorium was first discussed at a town board work session earlier in February when, after a brief executive session, Russell said there has a "significant amount" of concern raised regarding traffic, especially east-west traffic, and its impact and encumbrances upon businesses to the east of town.

A corridor study, he said, is currently underway extending from New Suffolk Rd. to Wickham Ave. in Mattituck, regarding options to control traffic. "The town believes that study might be too narrow in scope," Russell said. "If you look at that area, after Sigsbee Rd., eight roads intersect with Rt. 25 along that corridor which have no traffic control device such as a light — and the study underway only includes three, New Suffolk Rd., Love Lane and Wickham Ave.," he said.

A previous study by the New York State Department of Transportation at the intersection of Sigsbee Rd. and Marlene Ln. resulted in a traffic light and pedestrian crossing, Russell said.
The town's comprehensive plan, Russell added, put a quite a lot of focus on land use; issues are also highlighted including shortages of public parking.

Councilwoman Jill Doherty said with the consideration of a traffic circle at Love Lane one option considered by the NYSDOT, she was concerned about impacts to other businesses and that entire stretch of the corridor.

Russell said no options could be weighed "properly without taking a step back and putting a freeze on land use to evaluate. As part of that study, it's already been identified that traffic is a big problem for existing businesses. Let's be more thorough. We want to look at everything, in its entirety."

The Brinkmann family, who have pitched the hardware store plan, did not immediately return a request for comment to Patch after the town board work session.

Duffy said the Brinkmann family has submitted an application. "This would freeze that application," he said.

The town previously imposed a 30-month long moratorium on residential subdivisions only in 2002 under former Town Supervisor Josh Horton to curb development the board feared would forever alter the rural character of Southold. Commercial properties were unaffected.

After Russell took office, the town board called for the moratorium on new applications for retail stores, which resulted in box store legislation.