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HomeMy WebLinkAboutLL #21 2024 STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA KATHY HOCHUL 99 WASHINGTON AVENUE GOVERNOR ALBANY,NY 12231-0001 WALTER T. MOSLEY HTTPS:HDOS.NY..GOV SECRETARY OF STATE December 17, 2024 � C rum Town of Southold' DEC Z 3 Town Hall - 53095 Main Road PO Box 1179 Southold; New York 11971 'outhold.Town Clem RE: Town of Southold, Local Law 20, and 21 2024,.filed on 12/11/2024 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms"can be obtained from our website, www.dos.ny_aov. J Sincerely, State Records and Law Bureau (518).473-2492 t YORK Department STATE J*of State DENIS NONCARROW •' • .s�s����'��r��r✓' Town Hall,53095 Main Road ;�' .. P.O.Box 1179 TOWN CLERK _ ;m Southold,New York 11971 REGISTRAR OF VITAL STATISTICS A Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER '��� �11 www.southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 6, 2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: "A Local Law in relation to Amendments to Chapter 280 Zoning" Please sign the duplicate of this letter and return to me at your earliest convenience.ThankRoruCEIVED Denis Noncarrow Southold Town Clerk Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Grreenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town-Planning Boar Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department 1 r,, '' r Date•, 12 >�l 4"mil Signature,Received B_y Title: 'Zc�� Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK i t DENIS NONCAR,ROW ��,,� .' � Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 e Southold,New York 11971 PrY REGISTRAR OF VITAL STATISTICS 'b Fax(631)765-6145 MARRIAGE Or, �� Tblephone(631)765-1800 RECORDS MANAGEMENT OFFICER *�_. wwwsoutholdtownnygov FREEDOM OF INFORMATION OFFICER ` OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 6,2024 PLEASE TAKE NOTICE that the Town Board of the Town.of.Southold has ENACTED the proposed Local Law j 3 entitled: i "A Local Law in relation to Amendments to Chapter 280 Zoning" Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. RECEIVED i DEC - 6 2024 Denis Noncarrow Town Clerk Southold Town Clerk Attachments cc: Suffolk County Department of'Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter sland Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department i c� Date: Signature,Received By Title: ' L Please print name i { DUPLICATE TO 13E SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK r ' DENIS NONCARROW �°� ��• Town Hall,53095 Main Road TOWN CLERK cmP.O.Box 1179 CA <ILI Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 0 M Fax(631)765-6145 MARRIAGE OFFICER �� ®°�� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 6,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: "A Local Law in relation to Amendments to Chapter 280 Zoning" Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. RECEIVED DEC Denis Noncarrow Town Clerk Southold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees �SoutholdTown Assessors Southold Town Board of Appeals Southold Town Building Department Date: iD Signature,Received By c i ✓`�� �V l Title: i Please print name i t I 1 DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK Town Hall 53095 Main Road DENIS NONCARROW �Y* i TOWN CLERK �. P.O.Box 1179 ca ` . Southold,New York 11971 ?� ',' Fax(631)765-6145 REGISTRAR OF VITAL STATISTICS ?! , �. ,' MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER Q� 1�. www.southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 6, 2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: "A Local Law in relation to Amendments to Chapter 280 Zoning" Please sign the duplicate of this letter and return to me at your earliest convenience.Thank you. RECEIVED DEC - 9W Denis Noncarrow Town Clerk Southold 'Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board r outhold-Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Sign e;Received By Title• Please print name z DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK STATE OF NEW .YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA KATHY.HOCHUL 99 WASHINGTON AVENUE GOVERNOR ALBANY,NY 12231-0001• ___.. ___. _ . -_....-___. ..__,.. __ _.,,__. '_ __ _ HTMS:HDOS.NY.GOV WALTER T._M05LEY SECRETARY OF STATE December 17, 2024 y Town of Southold DEC Town Hall - 53095 Main Road PO Box 1179 Southold, New York 11971eClerk RE: Town of Southold, Local Law 20, and 21 2024,.filed on 12/11/2024 Dear Sir/Madam: The above referenced material was filed by this office as-indicated. Additional local law filing forms can be obtained from our website, www.dos.nk.gov. Sincerely, State Records and Law Bureau (518) 473-2492 YO K Department STATE I'd State DENIS NONCARROW a� , y; Town Hall,63095 Main Road TOWN CLERH P.O.Box 1179 ae Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p:. .' Fax(631)765-6145 MARRIAGE OFFICER �',� ��' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �! " '�!. www southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 6,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: "A Local Law in relation to Amendments to Chapter 280 Zoning" Please sign the duplicate of this letter and return to me at your earliest convenience.Thank you. RECEIVED YJ DEC 9 20 Denis Noncarrow Town Clerk Southold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead o_wn-of�S_o"uthampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Date; Signature,Received By 5�UN,6y' A . SGffE�n'1Ey�� Title: 30 yr#ArYI0�7a1WC69i�'f( /�/VG Please print name x s r DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK DENIS NONCARROW �d:` G2',. . Town Hall,53095 Main Road .•� P.O.Box 1179 TOWN CLERK Southold,New York 11971 Fax(631)765-6145 REGISTRAR OF VITAL STATISTICS .. • �' MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER •� '' www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 6,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: "A Local Law in relation to Amendments to Chapter 280 Zoning" Please sign the duplicate of this letter and return to me at your earliest convenience.Thank you. RECEIVE® DEC • 9 2024 Denis Noncarrow Town Clerk Southold Town Clerk Attachments cc: Suffolk County Department of Planning -Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors iSouthold Town Board`of Appeals Southold Town Building Department Dater :Signature,Receive y Title: jj Please print name 1 DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK 9 ®�og11�EDLl('cOG ad , DENIS NONCARROW Town Hall,53095 Main Ro TOWN CLERK p P.O.Box 1179 y a Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p .LC Fax(631)765-6145 MARRIAGE OFFICER . �►� ,•�0 Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER •� �►. www southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 6,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: "A Local Law in relation to Amendments to Chapter 280 Zoning" Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. RECEIVE® DEC 10 2024 Denis Noncarrow Town Clerk Southold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southo d Town_Building Department '1 Date: i o Signature,Recei y 00.1 ./ Title: Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK i i � DENIS NONCARROW �'� p,• Zbwn Ball,53095 Main Road TOWN CLERK P.O.Bog 1179 cc Southold,NewYork 11971 REGISTRAR OF VITAL STATISTICS @ Fax(631)76566145 MARRIAGE OFFICER ' Telephone(631)765-1800 NT RECORDS MANAGEME OFFICER wwwsouth6ldtownnygov FREEDOM OF INFORi1 MON OFFICER. OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 6,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: "A Local Law in relation to Amendments to Chapter 280 Zoning" Please sign the duplicate of this letter and return to me at your earliest convenience.Thank you. RECEIVED DEC 10 20 Denis Noncarrow Town Clerk Southold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department 2t� G —� Date: ature,Received By/ l ,--5 j1 /v Title:�� Plcase print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK d471200d sabrina.born@town.southold.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk County, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York.I certify that the public notice,a printed copy of which is attached hereto,was printed and published in this newspaper on the following dates: 12/12/2024 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county, and as such,is eligible to publish such notices. RECEIVE® nFC 18 2024 Signature Southold Town Clark Christina Henke Rea Printed Name Subscribed and sworn to before me, This 18 day of December 2024 'AL Digitally signed FQualified SWREA by douglas w rea tate of New York Date: 2024.12.18 6398443 21:51:02 +00:00 lbany County pires Sep 30,2027 LEGAL NOTICE NOTICE OF ENACTMENT NOTICE IS HEREBY GIVEN THAT the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, and NOTICE IS HEREBY FURTHER GIVEN THAT the Town Board of the Town of Southold hereby ENACTED the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 Zoning" A copy of this Local Law is available on the Town Website: www.southoldtownny.gov or at the Southold Town Clerks Office (631)765-1800. BY THE ORDER OF THE SOUTHOLD TOWN BOARD Dated:December 3,2024 Denis Noncarrow,Town Clerk DENIS NONCARROW ��® - ®�� Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 RIAGE OFFICER RECORDNS MANAGEMENT OFFICER ®� �j Telephone(631)765-1800 FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 6, 2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: "A Local Law in relation to Amendments to Chapter 280 Zoning" Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Denis Noncarrow Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town—of'Shelter Island VTown o£Riv-erhea Tovvn`of Southampton {Southold Town Planning Boarder �Southold`Town Trustees (Southold-Town As ow B sessors Southold—`T-own Board-of Appeals Southold-Tn uilding De artment Date: Signature, Received By Title: Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK DENIS NONCARROW �� G.j� Town Hall,53095 Main Road TOWN CLERK p P.O.Box 1179 W Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Q yC Fax(631)765-6145 MARRIAGE OFFICER y RECORDS MANAGEMENT OFFICER ��,( .� Telephone 76 FREEDOM OF INFORMATION OFFICER www.southoldtldtownny.gov oo OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 6, 2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: "A Local Law in relation to Amendments to Chapter 280 Zoning" Please sign ` e uplicatero f this jetter=and re urn to me at your earliest convenience: Thank you. ��- ROM Southold Ti ovir � Clerk Denis Noncarrow Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors _ Southold Town Board of Appeals ", Ithold own Building Department Date: -z nature, ceived By IL 4 A: Title:�lv���1"� Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK Born, Sabrina From: Born, Sabrina Sent: Friday, December 6, 2024 2:37 PM To: 'christine.desalvo@suffolkcountyny.gov'; Bunch, Connie; Cantrell, Elizabeth; Fuentes, Kim; Glew, Claire; 'Greenport Village Clerk'; 'JeanMarie Odden'; Lanza, Heather; Michaelis,Jessica; Norklun, Stacey; Nunemaker,Amanda; 'Riverhead Town Clerk (wooten@townofriverheadny.gov)'; Sepenoski,John; 'Shelter Island Town Clerk'; 'Southampton Town clerk(TownClerk@southamptontownny.gov)';Verity, Mike; Webster, Kevin;Weisman, Leslie Cc: Rudder, Lynda; Noncarrow, Denis; Mudd,Jennifer Subject: Notice To Adjacent - Enactment of Local Law Attachments: NTA-LL Enact-Ch. 280_20241206154051.pdf Importance: High Good Afternoon, Please see the attached Notice of Enacted Local Law—Chapter 280 Zoning, Day Care and Pet Care Centers. Please sign and return a copy to the Town Clerk's Office. Thank you, Sabrina M. Born Sub-Registrar& Deputy Town Clerk Senior Account Clerk Southold Town Clerk's Office 53095 Route 25 P.O. Box 1179 Southold,NV 11971 Ph: 631-765-1800 ext. 1226 Fax: 631-765-6145 1 DENIS NONCARROW �� �� Town Hall,53095 Main Road TOWN CLERK a P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER �� ®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER •� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 6, 2024 EFE 3p u jq bo0 �5 Priority Mail Express RE: Local Law No. 21 of 2024 Town of Southold, Suffolk County New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany,NY 12231 Dear Sir/Madam: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith Local Law No. 21 of 2024 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of this enclosure in your office. Thank you. Very truly yours, Sabrina M. Born Deputy Town Clerk Enclosures cc: Town Attorney NEW YORK STATE DEPARTMENT OF STATE Division of Corporations,State Records and Uniform Commercial Code One Commerce Plaza,99 Washington Avenue Albany,NY 12231-0001 Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City 0 Town of SOUTHOLD ❑ Village Local Law No. 21 of the year 2024. A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 Zoning" Be it enacted the Town Board of the: ❑ County ❑ City Q Town of SOUTHOLD ❑ Village I. Purpose - The purpose of this local law is to allow for Day Care and Pet Care Centers. II. Chapter 280 of the Code of the Town of Southold is hereby amended to include the underlined words and remove the struck through words as follows: Article I General Provisions § 280-4 Definitions. B. Definitions and usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined.Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). DAY-CARE, HOME A residential structure and property used principally as a residence, where child care is provided by the resident for a total of five or fewer children other than those of the caregiver. This use must be in accordance with the regulations governing home occupations in this Zoning Code. DAY-CARE CENTER Any premises or part thereof maintained for the care of six or more infants, toddlers or children, away from their own homes, for more than three hours but fewer than 24 hours per day per child in accordance with all applicable regulations. (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-239-f-1(Rev.04/14) 1 HOUSEHOLD PET Any animal that has been bred or raised to live in the habitation of humans and is food and shelter dependent. Household pets include, but are not limited to, dogs, cats, birds, fish and rabbits. PET BOARDING SERVICE The provision of housing and care of a household pet in the absence of the owner for a period of 24 hours or more with the exception of veterinary hospitals, so long as the boarding area is in accordance with the applicable town, county and state regulations. PET GROOMING ESTABLISHMENT A building, or part thereof, or premises maintained for the purpose of offering bathing, clipping or combing of animals and for which a fee is charged. This definition includes facilities that offer self- service bathing or grooming. PET DAY-CARE Any premises, or part thereof, maintained for the purpose of providing socialization, training or housing, in the absence of the owner, for less than 24 hours for household pets owned by the general public for which a fee is charged. PET CARE FACILITY A facility that provides one or more household pet care services, including a pet grooming business,pet day-care, pet boarding service, obedience training, socialization and accessory retail sales of pet products. The breeding and/or sale of animals shall not be permitted in such a facility. Use of outdoor areas for the services provided must be supervised to prevent the occurrence of objectionable noise or other nuisances beyond the boundaries of the site on which it is located. All household pets must be controlled at all times to prevent their escape or trespass onto neighboring properties.Animal waste must be disposed of in a manner that will not pollute groundwater or cause odors to leave the premises, and in accordance with the applicable town, county and state regulations. Article VIII Residential Office (RO) District § 280-38 Use regulations In the Residential Office (RO) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (3) The following uses are permitted uses subject to site plan approval by the Planning Board: (h) Day-Care Center Article IX Limited Business (LB) District § 280-41 Use regulations. In the LB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses.All permitted uses except single-family and owner- occupied two-family residences require site plan approval. (13) Day-Care Center Article X Hamlet Business (HB) District § 280-45 Use regulations. In the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A (1), (2), (3).and (20) hereof, are subject to site plan approval by the Planning Board: (24) Day-Care Center 2 Article XI General Business (B) District § 280-48 Use regulations. In the B District, no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1), (12) and (13) hereof, are subject to site plan approval by the Planning Board: (15) Day-Care Center (16) Pet Care Facility Article XXXIII Historic Preservation District(HPD) § 280-193 Use regulations In the HPD, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. The following are permitted uses and, except for uses permitted under Subsection A(1), (2) and (3) hereof, are subject to site plan approval by the Planning Board: (8) Day-Care Center III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 3 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 21 of 2024. of the EGownty)EGi )of SOUTHOLD was duly passed by the TOWN BOARD on December 3 ,2024, in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the(County)(City)(Town)(Village)of was duly passed by the on 20 , and was(approved)(not approved)(re-passed after disapproval)by the and was deemed duly adopted on 20 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 2( , and was (approved)(not approved)(repassed after disapproval)by the on 20 . Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum,and received the affirmative vote of a majority of the qualified electors voting thereon at the(general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide basis or,If there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-239-f-I(Rev,04/14) 4 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section(36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the igina on file in is office and that the same is a correct transcript there from and of the whole of such original local aw, and a nal ado ted in the manner indicated in paragraph 1 , above. Clerk o e County legislative body, City,Town or (Seal) Village Clerk or officer designated by local legislative body Denis Noncarrow,Town Clerk Date: December 6,2024 DOS-239-f-1(Rev.04/14) 5 SUF 0 RESOLUTION 2024-899 ADOPTED DOC ID: 20703 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-899 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 3, 2024: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 30th day of July, 2024, a Local Law entitled"A Local Law in relation to Amendments to Chapter 280 Zoning" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard,Now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 Zoning"reads as follows: LOCAL LAW NO. 21 of 2024 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 Zoning" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The purpose of this local law is to allow for Day Care and Pet Care Centers. II. Chapter 280 of the Code of the Town of Southold is hereby amended to include the underlined words and remove the struck through words as follows: Article I General Provisions & 280-4 Definitions. B. Definitions and usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined.Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). DAY-CARE, HOME A residential structure and property used principally as a residence, where child care is provided by the resident for a total of five or fewer children other than those of the caregiver. This use must be in accordance with the regulations governing home occupations in this Zoning Code. DAY-CARE CENTER Any premises or part thereof maintained for the care of six or more infants, toddlers or children, away from their own homes, for more than three hours but fewer than 24 hours per day per child in accordance with all applicable regulations. HOUSEHOLD PET Any animal that has been bred or raised to live in the habitation of humans and is Resolution 2024-899 Board Meeting of December 3, 2024 food and shelter dependent. Household pets include, but are not limited to, dogs, cats, birds, fish and rabbits. PET BOARDING SERVICE The provision of housing and care of a household pet in the absence of the owner for a period of 24 hours or more with the exception of veterinary hospitals, so long as the boarding area is in accordance with the applicable town, county and state regulations. PET GROOMING ESTABLISHMENT A building, or part thereof, or premises maintained for the purpose of offering bathing, clipping or combing of animals and for which a fee is charged.This definition includes facilities that offer self-service bathing or grooming. PET DAY-CARE Any premises, or part thereof, maintained for the purpose of providing socialization, training or housing, in the absence of the owner, for less than 24 hours for household pets owned by the general public for which a fee is charged. PET CARE FACILITY A facility that provides one or more household pet care services, including a pet grooming business, pet day-care, pet boarding service, obedience training, socialization and accessory retail sales of pet products.The breeding and/or sale of animals shall not be permitted in such a facility. Use of outdoor areas for the services provided must be supervised to prevent the occurrence of objectionable noise or other nuisances beyond the boundaries of the site on which it is located. All household pets must be controlled at all times to prevent their escape or trespass onto neighboring properties Animal waste must be disposed of in a manner that will not pollute groundwater or cause odors to leave the premises, and in accordance with the applicable town, county and state regulations. Article VIII Residential Office (RO) District § 280-38 Use regulations In the Residential Office (RO) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (3) The following uses are permitted uses subject to site plan approval by the Planning Board: (h) Day-Care Center Article IX Limited Business (LB) District § 280-41 Use regulations. In the LB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses.All permitted uses except single- family and owner-occupied two-family residences require site plan approval. (13) Day-Care Center Article X Hamlet Business (HB) District § 280-45 Use regulations. Updated: 12/6/2024 11:47 AM by Sabrina Born Page 2 Resolution 2024-899 Board Meeting of December 3, 2024 In the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), (2), (3) and(20) hereof, are subject to site plan approval by the Planning Board: (24) Day-Care Center Article XI General Business (B) District § 280-48 Use regulations. In the B District, no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1), (12) and (13) hereof, are subject to site plan approval by the Planning Board: (15) Day-Care Center (16) Pet Care Facility Article XXXIII Historic Preservation District (HPD) § 280-193 Use regulations In the HPD, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. The following are permitted uses and, except for uses permitted under Subsection AL), Viand M hereof, are subject to site plan approval by the Planning Board: (8) Day-Care fa^:'�Center III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Greg Doroski, Councilman AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans Updated: 12/6/2024 11:47 AM by Sabrina Born Page 3 Invoice REVIE� MEDIA GROUP Invoice number DECO2879-0028 Date of issue December 6,2024 Date due December 11,2024 Check payable to: Times Review Media Group Line count: 28 Suffolk Times Bill to 7555 Main Road sabrina.born@town.southold.ny.us PO Box 1500 Mattituck, New York 11952 United States +1631-298-3200 Ibazata@timesreview.com $47.15 USD due December 11, 2024 Pay online Confirmation Id:d471200d Description Qty Unit price Amount Publication date: 12/12/2024 1 $22.15 $22.15 QAC Affidavit 1 $25.00 $25.00 Subtotal $47.15 Total $47.15 Amount due $47.15 USD Check payable to:Times Review Media Group Click this link for Ad copy: https://gacmainstorage.blob.core.windows.net/notices/NY/The_Suffolk-Times/Suffolk-County/Publicnotice_d471200d.pdf Ad Text: LEGAL NOTICE NOTICE OF ENACTMENT NOTICE IS HEREBY GIVEN THAT the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, and NOTICE IS HEREBY FURTHER GIVEN THAT the Town Board of the Town of Southold hereby ENACTED the proposed Local Law entitled, 'A Local Law in relation to Amendments to Chapter 280 Zoning" A copy of this Local Law is available on the Town Website www.southoldtownny.gov or at the Southold Town Clerks Office (631)765-1800. BY THE ORDER OF THE SOUTHOLD TOWN BOARD Dated December 3, 2024 Denis Noncarrow,Town Clerk DECO2879-0028•$47.15 USD due December 11,2024 Page 1 of 1 + LEGAL NOTICE NOTICE OF ENACTMENT NOTICE IS HEREBY GIVEN THAT the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, and NOTICE IS HEREBY FURTHER GIVEN THAT the Town Board of the Town of Southold hereby ENACTED the proposed Local Law entitled, "A Local Law in relation to Amendments to-Chapter 280 Zoning" A copy of this Local Law is available on the Town Website: www.southoldtownny.gov or at the Southold Town Clerks Office (631 )765-1800. BY THE ORDER OF THE SOUTHOLD TOWN BOARD Dated: December 3, 2024 Denis Noncarrow, Town Clerk LEGAL NOTICE NOTICE OF ENACTMENT NOTICE IS HEREBY GIVEN THAT the Town Board of the Town of Southold held. a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, and NOTICE IS HEREBY FURTHER GIVEN THAT the Town Board of the Town of Southold hereby ENACTED the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 Zoning" A copy of this Local Law is available on the Town Website: www.southol-dtownny.gov or at the Southold Town Clerks Office (631 )765-1800. BY THE ORDER OF THE SOUTHOLD TOWN BOARD Dated: December 3, 2024 Denis Noncarrow, Town Clerk LEGAL NOTICE NOTICE OF ENACTMENT NOTICE IS HEREBY GIVEN THAT the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, and NOTICE IS HEREBY FURTHER GIVEN THAT the Town Board of the Town of Southold hereby ENACTED the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 Zoning" A copy of this Local Law is available on the Town Website: www.southoldtow=.gov or at the Southold Town Clerks Office (631)765-1800. BY THE ORDER OF THE SOUTHOLD TOWN BOARD Dated: December 3, 2024 Denis Noncarrow, Town Clerk °�SUFFt��G RESOLUTION 2024-899 TABLED DOC ID: 20703 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-899 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 8,2024: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 30th day of July, 2024,'a Local Law entitled"A Local Law in relation to Amendments to Chapter 280 Zoning" and WHEREAS the Town Board of theTown of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard,Now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 Zoning"reads as follows: LOCAL LAW NO. 2024 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 Zoning" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose- The purpose of this local law is to allow for Day Care and Pet Care Centers. II. Chapter 280 of the Code of the Town of Southold is hereby amended to include the underlined words and remove the struck through words as follows: Article I General Provisions 4 280-4 Definitions. B. Definitions and usages. Unless otherwise expressly stated, the following terms shall, for the purpose of-this chapter, have the meanings as herein defined.Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). CHILD CARE DAY-CARE,HOME A residential structure and property used principally as a residence, where child care is provided by the resident for a total of five or fewer children other than those of the caregiver. This use must be in accordance with the regulations governing home occupations in this Zoning Code. DAY-CARE CENTER Any premises or part thereof maintained for the care of six or more infants,toddlers or children, away from their own homes, for more than three hours but fewer than 24 hours per day per child in accordance-with all applicable regulations. HOUSEHOLD PET Any animal that has been bred or raised to live in the habitation of humans and is Resolution 2024-899 Board Meeting of October 8, 2024 food and shelter dependent. Household pets include,but are not limited to, dogs, cats, birds, fish and rabbits. PET BOARDING SERVICE The provision of housing and care of a household pet in the absence of the owner for a period of 24 hours or more with the exception of veterinary hospitals, so long as the boarding area is in accordance with the applicable town, county and state regulations. PET GROOMING ESTABLISHMENT A building, or part thereof, or premises maintained for the purpose of offering bathing, clipping or combing of animals and for which a fee is charged. This definition includes facilities that offer self-service bathing or grooming. PET DAY-CARE Any premises, or part thereof, maintained for the purpose of providing socialization, training or housing,in the absence of the owner, for less than 24 hours for household pets owned by the general public for which a fee is charged. PET CARE FACILITY A facility that provides one or more household pet care services, including a pet grooming business, pet day-care, pet boarding service, obedience training, socialization and accessory retail sales of pet products. The breeding and/or sale of animals shall not be permitted in such a facility. Use of outdoor areas for the services provided must be supervised to prevent the occurrence of objectionable noise or other nuisances beyond the boundaries of the site on which it is located. All household pets must be controlled at all times to prevent their escape or trespass onto neighboring properties.Animal waste must be disposed of in a manner that will not pollute groundwater or cause odors to leave the premises, and in accordance with the applicable town, county and state regulations. Article VIII Residential Office (RO) District § 280-38 Use regulations In the Residential Office (RO) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. _Permitted uses. (3) The following uses are permitted uses subject to site plan approval by the Planning Board: (h) Day-Care Center Article IX Limited Business (LB) District § 280-41 Use regulations. In the LB District,no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses.All permitted uses except single- family and owner-occupied two-family residences require site plan approval. (13) Day-Care Center Article X Hamlet Business (HB) District § 280-45 Use regulations. Updated: 10/9/2024 7:49 AM by Lynda Rudder Page 2 -;Resolution 2024-899 1 Board Meeting of October 8, 2024 In the HB District,no building or premises shall be used and no building or part of a building . shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), (2), (3) and (20)hereof, are subject to site plan approval by the Planning Board: (24) Day-Care Center Article XI General Business (B) District § 280-48 Use regulations. In the B District,no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection (1), (12) and(13) hereof, are subject to site plan approval by the Planning Board: (15)Day-Care Center_ (16)Pet Care Facility Article XXXIII Historic Preservation District(HPD) § 280-193 Use regulations In the HPD,no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. The following are permitted uses and, except for uses permitted under Subsection A 1 ,(22) and M hereof, are subject to site plan approval by the Planning Board: (8) Day-Care faeilifies Center III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Denis Noncarrow Southold Town Clerk RESULT: TABLED [UNANIMOUS] Next: 12/3/2024 7:00 PM . MOVER: Greg Doroski, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans Updated: 10/9/2024 7:49 AM by Lynda Rudder Page 3 `IA outhold Town Board - Letter Board.Meeting of October 8, 2024 f RESOLUTION 2024-899 Item # 5.43 WITHDRAWN DOC ID: 20703 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-899 WAS WITHDRAWN AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 8, 2024: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 30th day of July, 2024, a Local Law entitled"A Local Law in relation to Amendments to Chapter 280 Zoning" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard,Now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 Zoning"reads as follows: LOCAL LAW NO. 2024 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 Zoning" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose -The purpose of this local law is to allow for Day Care and Pet Care Centers. II. Chapter 280 of the Code of the Town of Southold is hereby amended to include the underlined words and remove the struck through words as follows: Article I General Provisions 280-4 Definitions. B. Definitions and usages. Unless otherwise expressly stated,the following terms shall, for the purpose of this chapter, have the meanings as herein defined.Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). CHILD CARE DAY-CARE, HOME A residential structure and property used principally as a residence, where child care is provided by the resident for a total of five or fewer children other than those of the caregiver. This use must be in accordance with the regulations governing home occupations in this Zoning Code. DAY-CARE CENTER Any premises or part thereof maintained for the care of six or more infants, toddlers Generated October 9, 2024 Page 71 Southold Town Board - Letter Board Meeting of October 8, 2024 or children, away from their own homes, for more than three hours but fewer than 24 hours per day per child in accordance with all applicable regulations. HOUSEHOLD PET Any animal that has been bred or raised to live in the habitation of humans and is food and shelter dependent. Household pets include, but are not limited to, dogs, cats, birds, fish and rabbits. PET BOARDING SERVICE The provision of housing and care of a household pet in the absence of the owner for a period of 24 hours or more with the exception of veterinary hospitals, so long as the boarding area is in accordance with the applicable town, county and state regulations. PET GROOMING ESTABLISHMENT A building, or part thereof, or premises maintained for the purpose of offering bathing, clipping or combing of animals and for which a fee is charged. This definition includes facilities that offer self-service bathing or grooming. PET DAY-CARE, Any premises, or part thereof, maintained for the purpose of providing socialization, training or housing, in the absence of the owner, for less than 24 hours for household pets owned by the general public for which a fee is charged. PET CARE FACILITY A facility that provides one or more household pet care services, including a pet grooming business, pet day-care, pet boarding service, obedience training, socialization and accessory retail sales of pet products.The breeding and/or sale of animals shall not be permitted in such a facility. Use of outdoor areas for the services provided must be supervised to prevent the occurrence of objectionable noise or other nuisances beyond the boundaries of the site on which it is located. All household pets must be controlled at all times to prevent their escape or trespass onto neighboring properties.Animal waste must be disposed of in a manner that will not pollute groundwater or cause odors to leave the premises, and in accordance with the applicable town, county and state regulations. Article VIII Residential Office (RO)District § 280-38 Use regulations In the Residential Office (RO) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (3) The following uses are permitted uses subject to site plan approval by the Planning Board: (h) Day-Care Center Article IX Limited Business (LB) District § 280-41 Use regulations. In the LB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, Generated October 9, 2024 Page 72 Southold Town.Board - Letter Board Meeting of October.8, 2024 for any uses except the following: A. Permitted uses. The following uses are permitted uses.All permitted uses except single- family and owner-occupied two-family residences require site plan approval. (1) Day-Care Center Article X Hamlet Business (HB) District § 280-45 Use regulations. In the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), (2), (3) and (20) hereof, are subject to site plan approval by the Planning Board: (24) Day-Care Center Article XI General Business (B) District § 280-48 Use regulations. In the B District, no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1), (12) and (13)hereof, are subject to site plan approval by the Planning Board: (15) Day-Care Center (16) Pet Care Facility Article XXXIII Historic Preservation District (HPD) § 280-193 Use regulations In the HPD,no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. The following are permitted uses and, except for uses permitted under Subsection Af1l,faand (3)hereof, are subject to site plan approval by the Planning Board: (8) Day-Care facilities Center III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Generated October 9;2024 Page 73 Southold Town Board - Letter Board Meeting of October 8, 2024 ,L ;�� Denis Noncarrow Southold Town Clerk RESULT: NO ACTION Generated October 9, 2024 Page 74 COUNTY OF SUFFOLK EDWARD P.ROMAINE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING SARAH LANSDALE COMMISSIONER ELISA PICCA CHIEF DEPUTY COMMISSIONER RECEIVED August 29,2024 Town of Southold SEP - 1 2024 53095 Main Road P.O. Box 1179 ®u 011 row Clerk Southold,NY 11971 Attn: Denis Noncarrow, Town Clerk Applicant: Town of Southold Zoning Action: Adopted Resolution 2024-686 Amend Chapter 280 Zoning To Include Day Care Centers and Pet Care Centers S.C.P.D. File No.: -SD-24-LD Dear Mr. Noncarrow: Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County Administrative Code,the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, By Christine DeSalvo Joseph E. Sanzano, Planning Director Division of Planning &Environment JES/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,21d FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 T `' MAILING ADDRESS: OFFICE LOCATION: ;'' '"d�.t ,.®�.. ,,` Town Hall Annex ' ° _` P.O.Box 1179 54375 State Route 25 ;X ', i Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) ?' ';,t/0? Southold,NY 11971 '' ' ',. •' Off' , Telephone: 631 765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Boar Denis Noncarrow, Town C rk From: Mark Terry,AICP �& Assistant Town Planning Director LWRP Coordinator Date: October 8, 2024 Re: Local Waterfront Revitalization Coastal Consistency Review"A Local Law in Relation to Amendments to Chapter 280 Zoning Day-Care Center,Pet Care Facility" The Local Law in Relation to adding definitions of Day Care Center and Pet Care Facility was reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP) Policy Standards. Based upon the information provided to this department, the proposed action is recommended as CONSISTENT with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Paul DeChance, Town Attorney State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significance October 8, 2024 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Local Law Southold Town Code Amendments for Day-Care Center& Pet Care Facility SCTM#: Town of Southold Location: Southold, New York SEAR Status: Type I (X) Unlisted ( ) 617.4(b)(2) "the adoption of changes in the allowable uses within any zoning district, affecting 25 or more acres of the district;" Conditioned Negative Declaration: Yes( No (X) Description of Action: The proposed local law will add the following definitions and uses to Chapter 280, Zoning of the Southold Town Code. § 280-4 Definitions. SEQRA Negative Declaration - Page 12—October 8, 2024 B. Definitions and usages. Unless otherwise expressly stated,the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). DAY-CARE, HOME A residential structure and property used principally as a residence, where child care is provided by the resident for a total of five or fewer children other than those of the caregiver. This use must be in accordance with the regulations governing home occupations in this Zoning Code. DAY-CARE CENTER Any premises or part thereof maintained for the care of six or more infants, toddlers or children, away from their own homes,for more than three hours but fewer than 24 hours per day per child in accordance with all applicable regulations. HOUSEHOLD PET Any animal that has been bred or raised to live in the habitation of humans and is food and shelter dependent. Household pets include, but are not limited to, dogs, cats, birds, fish and rabbits. PET BOARDING SERVICE The provision of housing and care of a household pet in the absence of the owner for a period of 24 hours or more with the exception of veterinary hospitals, so long as the boarding area is in accordance with the applicable town, county and state regulations. PET GROOMING ESTABLISHMENT A building, or part thereof, or premises maintained for the purpose of offering bathing, clipping or combing of animals and for which a fee is charged.This definition includes facilities that offer self-service bathing or grooming. PET DAY-CARE Any premises, or part thereof, maintained for the purpose of providing socialization, training or housing, in the absence of the owner,for less than 24 hours for household pets owned by the general public for which a fee is charged. PET CARE FACILITY A facility that provides one or more household pet care services, including a pet grooming business, pet day-care, pet boarding service, obedience training, socialization and accessory retail sales of pet products. The breeding and/or sale of animals shall not be permitted in such a facility. Use of outdoor areas for the services provided must be supervised to prevent the occurrence of objectionable noise or other nuisances beyond the boundaries of the site on which it is located. All household pets must be controlled at all times to prevent their escape or trespass onto neighboring properties. Animal waste must be disposed of in a manner that will not pollute groundwater or cause odors to leave the premises and in accordance with the applicable town, county, and state regulations. The Day-Care Center use is being added to the RO (Residential Office), Limited Business (LB) District Hamlet Business (HB) District, General Business (B) District and Historic Preservation District (HPD) zoning districts. The Pet Care Facility use is being added to the Historic Preservation District (HPD) zoning district. Reasons Supporting This Determination: Numbers coincide with Part II Form. 1. Impact on Land The determination was based upon the following: SEQRA Negative Declaration - Page 13 —October 8, 2024 The proposed amendments apply to the zoning districts RO (Residential Office), Limited Business (LB) District Hamlet Business (HB) District, General Business (B) District and Historic Preservation District (HPD). The amendments apply to each respective zone townwide as a permitted use. Site plan approval is required for each use. Zoning The purposes of the zoning district are defined as: Residential Office RO §280-37 Purpose. The purpose of the Residential Office (RO) District is to provide a transition area between business areas and low-density residential development along major roads which will provide opportunity for limited nonresidential uses in essentially residential areas while strongly encouraging the adaptive reuse of existing older residences, to preserve the existing visual character of the Town and to achieve the goal(s) of well-planned, environmentally sensitive, balanced development, which the Town has determined to be desirable. The proposal does not conflict with the purpose of the RO zone. Limited Business LB §280-40 Purpose. [Amended 4-22-2008 by L.L. No. 4-2008] The purpose of the Limited Business (LB) District is to provide an opportunity to accommodate limited business activity along highway corridors, but in areas outside the hamlet's central business areas, that is consistent with the rural and historic character of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area. The proposal is not in conflict with the LB zone's purpose. Hamlet Business HB §280-44Purpose. [Amended 12-5-2017 by L.L. No. 20-2017] The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, including retail, office and service uses, public and semipublic uses, as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area. The proposal does not conflict with the purpose of the HB zone. General Business B SEQRA Negative Declaration - Page 14—October 8, 2024 §280-47 Purpose. The purpose of the General Business (B) District is to provide for retail and wholesale commercial development and limited office and industrial development outside of the hamlet central business areas, generally along major highways. It is designed to accommodate uses that benefit from large numbers of motorists, that need fairly large parcels of land and that may involve characteristics such as heavy trucking and noise. The proposal does not conflict with the purpose of the B zone. §280-190 Purpose; applicability of amendments. The Town Board of the Town of Southold has found that there exists within the Town certain structures with historic or community significance that are in danger of being permanently removed from the Town's scenic viewshed. The Town Board further finds these structures are deserving of preservation for this and future generations. The Town Board has determined that it is necessary to create a floating zone, which will be known as a Historic Preservation District, to afford an opportunity to protect these structures from demolition by providing an incentive to developers to maintain the fagade of said structures, in exchange for the ability to enjoy additional uses not currently permitted in the underlying zoning district. The proposal does not conflict with the purpose of the HPD zone. A community benefit from the proposed use includes providing accessible child and pet care to the population of the Town. Moderate to large adverse impacts on land are not expected to occur due to the action. 3. Impact on Water The parcel is located within Groundwater Management Zone IV. There are two Special Groundwater Protection Areas. No site plans have been submitted for the new uses. Chapter 275 Wetlands and Shorelines, administered by the Southold Town Board of Trustees, protects freshwater and tidal wetlands from actions through mitigation. Chapter 275 Wetlands and Shorelines requires a minimum setback of 100 feet from freshwater wetlands. NYSDEC Article 24 Permit may also be required under site plan review. As indicated above, Mitigation to protect ground and surface waters is possible and could include, requiring maximum structural setbacks (100') from wetlands, protecting existing vegetation, establishing vegetated non- disturbance buffers to minimize turf areas, limiting irrigated areas, requiring native and drought- tolerant plant species and restricting or prohibiting the application of fertilizer and herbicides on a parcel. Stormwater runoff and its effect on adjacent properties, public lands and waterbodies are a town concern. Chapter 236 Stormwater Management of the Southold Town Code applies to all parcels in the Town. All Stormwater must remain on-site. Further, for actions that disturb equal to or greater than 1 acre, New York State Department of Environmental Conservation (NYSDEC) SWPPP will be required to further address stormwater and erosion. SEQRA Negative Declaration - Page 15—October 8, 2024 No moderate to large adverse impacts to groundwater quality or quantity are expected to occur from the proposed uses. 4. Impact from Flooding Impacts on parcels occur during storm events, including hurricanes area concern. The rise of sea level overtime is also a concern. Future site plans will be evaluated to FEMA flood zones, and those areas located in structural hazard areas will require flood design mitigation. Structures will be located outside of the FEMA 0.2- percent-annual-chance (or 500-year) mapped flood zone to the greatest extent practicable. Additionally, any site plan submitted with the subject use will be evaluated for hurricane and sea level rise tolerance. The SLOSH (Sea, Lake, and Overland Surges from Hurricanes) model is a numerical model used by National Weather Service to compute storm surge will be consulted. Storm surge is defined as the abnormal rise of water generated by a storm, over and above the predicted astronomical tides. Flooding from storm surge depends on many factors, such as the track, intensity, size, and forward speed of the hurricane and the characteristics of the coastline where it comes ashore or passes nearby. For planning purposes,the National Hurricane Center uses a representative sample of hypothetical storms to estimate the near worst—case scenario of flooding for each hurricane category(NOAA). The Suffolk County Multi-Jurisdictional Multi-Hazard Mitigation Plan will also be consulted. Drainage areas contribute to the hydroperiods of wetland systems. The interruption of drainage areas that effect a wetland could alter the hydrology of these systems and the ecology. No moderate to large adverse impacts to floodways are expected to occur. 6. Impact on Air Air pollution can harm human health, and damage elements of the ecosystem. Exposure to air pollution is associated with numerous effects on human health, including pulmonary, cardiac, vascular, and neurological impairments: No significant emissions from the uses are expected. No substantial adverse change in existing air quality is expected to occur. 7. Impact on Plants and Animals Site plans, once received, are assessed to the NYSDEC Environmental Mapper,to determine if a parcel is located within a Rare Plants and Animal area. This layer shows generalized locations of animals and plants that are rare in New York State, including but not limited to those listed as Endangered and Threatened. It is expected that may of the subject parcels will be identified as a location is in the vicinity of Animals Listed as Endangered or Threatened; including the northern long- eared bat (NLEB) (My_otis septentrionalis) a species listed as endangered by both New York State and the US Fish &Wildlife Service SEQRA Negative Declaration - Page 16—October 8, 2024 9. Impact on Aesthetic Resources The parcel is visible from NYS Route 25; a New York State Designated Scenic Byway. The applicant has indicated that future development would be screened by a vegetative buffer from occupants in vehicles. Specifications and details of the buffer will be addressed during site plan review. Year-round vegetative screening of the facility greater than 90 percent is recommended. It was verified that the house and shed are visible from protected open space owned by Suffolk County and the Bay to Sound Trail. Both are publicly accessible. The applicant has offered to plant vegetation to provide screening of the facility from the trail in a March 3, 2021 letter. Details of the screening will be outlined during site plan review. The screening of the facility from NYS Route 25 and the Bay to Sound Trail will result in no moderate to large adverse impacts to aesthetic resources. 10. Impact on Historical and Archeological Resources Site plans, once received, are assessed to the NYS OPRHP CRIS to assess the presence or absence of cultural resources. Mitigation imposed by the Planning Board would be responsive to the level of cultural surveys requested. 12. Impact on Critical Areas Some parcels that would allow the proposed uses are expected to be located within the Peconic Bay watershed a New York State Department of Environmental Conservation (NYSDEC) Critical Environmental Area (CEA) listed as: Peconic Bay and Environs. Southold Town contains 23 NYSDEC Critical Environmental Areas. To be designated as a CEA, an area must have an exceptional or unique character with respect to one'or more of the following: • A benefit or threat to human health. • A natural setting (e.g., fish and wildlife habitat, forest and vegetation, and/or open space and areas of important aesthetic or scenic quality). • Agricultural, social, cultural, historic, archaeological, recreational, or educational values. • An inherent ecological, geological, or hydrological sensitivity that may be adversely affected by any change. The designations are important in review of development actions because the State Environmental Quality Review Act requires that a potential impact on the environmental characteristics of a CEA must be evaluated. Adverse impacts to ecological and hydrological sensitivity are expected and mitigation will be required by the Southold Zoning Board of Appeals, Southold Planning Board or Southold Board of Trustees. Adverse impacts to unprotected and protected species will be assessed during site plan review. SEQRA Negative Declaration - Page 17 —October 8, 2024 13. Impact on Transportation The proposed uses will not generate moderate to large traffic.Traffic impacts are expected to be low. Traffic to and from the parcel will increase during peak hours, a.m. and p.m., which is indicative of the type of operations and services these uses provide. Further assessment of vehicle trip generation, flow, and safety on a case-by-case basis will be achieved during the site plan review. 14. Impact on Energy The proposed uses are not large energy consumers. Further assessment will be achieved during the site plan review. 15. Impact from Noise,Odor and Light Noise will be assessed to parcel characteristics and potential receptors. The Planning Board is expected to apply best management practices to mitigate noise capable of impacting the quality of life of receptors. A sound analysis model may be required during the site plan review depending on the use. Lighting on site will comply with Chapter 172. Lighting, Outdoor in the Southold Town Code and will not adversely impact adjacent properties or the night sky. Lighting will be further assessed during site plan review. 17. Consistency with Community Plans The proposal is consistent with community plans. The Southold Town Comprehensive Plan This code change is consistent with the Southold Town Comprehensive Plan's Economic Development Chapter goal to encourage new businesses. It is also consistent with the Community Character Chapter which calls for encouraging businesses that fit the character of the community. Pet care facilities provide a service business that is compatible with Southold's character as they are not expected to produce a lot of traffic, and provide a needed service to the community. Town of Southold LWRP The action has been,reviewed to the policies of the Town of Southold Local Waterfront Revitalization Program (2005) and is recommended as consistent in an October 8, 2024 memorandum. Long Island North Shore Heritage Area The proposed facility is consistent with the Long Island North Shore Heritage Area, a Regional Special Planning District designed to organize people, places, and connections into a comprehensive and understandable approach. 18. Consistency with Community Character SEQRA Negative Declaration - Page 18—October 8, 2024 No development it proposed at this time. Any impacts to the character of the Town will be assessed in detail during the site plan review. Based upon such, no significant adverse impacts to the environment are expected to occur should the action be approved. For Further Information: Contact Person: Mark Terry, Assistant Town Planning Director Telephone Number: (631) 765-1938 cc: Southold Town Clerk Southold Planning Board Southold Town Building Department Appendix A - County Referral Form Appendix A—Suffolk County Planning Commission Guidebook Suffolk • Planning Commission Submission Cover Form for Planning and Zoning Referrals Municipality: Town of Southold Hamlet: Local Case Number: 2024-686 District: Section: Block: Lot: Local Meeting Date: 10/8/24 Application/Action Name: Chapter 280 amend Daycare/Pets Public Hearing: @(es No Referring Agency: Southold Town Board Type of Referral: 0 Planning Board or Commission 1-1GML239/A14-14 S.C.P.C. Regulatory Review Zoning Board of Appeals ❑SEQRA Coordination &Advisory Town Board/Village Board of Trustees ©Request for Informal Input from S.C.P.C. SEQRA Action: ❑EAF ❑Lead Agency ❑Draft Scope ❑Draft EIS ❑Final EIS ❑Findings Brief description of application or proposed action: Amending Chapter 280 zoning to include day care centers and pet care facilities Type of Action Please check appropriate box below if action is located within the Suffolk County Pine Barrens Zone, within one mile of a nuclear power plant or airport or within 500 feet of.- • A municipal boundary, • The boundary of any existing or proposed county, state, or federal park or other recreation area, • The right-of-way of any existing or proposed county or state road, • An existing or proposed county drainage channel line, • The Atlantic Ocean, Long Island Sound, any bay in Suffolk County or estuary of any of the foregoing bodies of water, • The boundary of county, state, or federally owned land held or to be held for governmental use, • The boundary of a farm located in an agricultural district. ❑Comprehensive Plan (Adoption or Amendment) —]Subdivision ❑SEQRA Only ®Zoning Ordinance or Map (Adoption or Amendment) ❑Use Variance Moratorium ❑Special Use Permit/Exception/Conditional Use ❑Area Variance Site Plan 0ode Amendment ❑Official Map Note:The above represents a summary of the required actions subject to referral to the Suffolk County Planning Commission.The provisions of GML and Laws of Suffolk County must be used to verify which actions are subject to referral and the related procedural requirements. Contact Information Municipality Contact Name: Denis Noncarrow Department/Agency: Southold Town Clerk Phone Number: (631)765-1800 Email Address: lynda.rudder(&-town.southold.nv.us Applicant Contact Name: Denis Noncarrow Applicant Address: 53095 Main Road, PO Box 1179, Southold, NY 11971 Rudder, Lynda From: Rudder, Lynda Sent: Wednesday,August 7, 2024 12:42 PM To: SC Dept of Planning Subject: Town of Southold Chapter 280 Day Care& Pet Care referral Attachments: scpc_20240807123744.pdf Importance: High Your message is ready to be sent with the following file or link attachments: scpc_20240807123744.pdf Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. PLANNING BOARD S Southold,NY 11971 MEMBERS , '� c?� . OFFICE LOCATION: DONALD J.WILCENSKI Town Hall Annex Chair ^t:= 54375 State Route 25 WILLIAM J.CREMERS -�;: � ' ., (cor.Main Rd. &Youngs PIERCE RAFFERTY ( Ave.) DAMES H. RICH 111 �' U ., Southold, NY MARTIN H. SIDOR Telephone: 631 765-1938 MAILING ADDRESS: P.O. www.southoldtownny.gov Box 1179 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED Oct 8 2� •. To: Albert J. Krupski Jr., Town Supervisor Members of the Town Board Denis Noncarrow, Town Clerk Southold Town Clerk From: James H. Rich Ill, Chairman Members of the Planning Board Date: October 7, 2024 Re: Local Law entitled A Local Law in Relation to Amendments to Chapter 280 Zoning Day- Care Center, Pet Care Facility The Planning Board supports the proposed amendments. Day Care Center U.S. Census data indicates that, in a 2023 estimate,the population of Southold Town is 23,854 persons, and 3.1 percent or 729 persons are under 5 years old. Daycare centers are needed for working families; however,the Town Code does not include this use in the commercial zoning districts. As a result, there are few options for parents that need day care for their children. The proposed additions of the use to the Residential Office, Limited Business, Hamlet Business, and General Business zoning districts will provide the opportunity for the development of day care centers. Supporting our working families in this way is consistent with the Southold Town ti � 4 Comprehensive Plan's Economic Development Chapter goal to facilitate the growth of existing business sectors. Increasing day care options is one step towards ensuring there are available workers for local businesses. Pet Care Facility Southold Town Planning Board Page 2 October 7,2024 The demand for pet-related services has grown in recent years along with our population, yet there are limited options in our current zoning for this type of business. The proposed change to allow Pet Care Facilities in the General Business zoning district as a permitted use provides a service to the community, and greater economic opportunity to business owners. It may also operate year-round,providing much-needed year-round jobs. This code change is consistent with the Southold Town Comprehensive Plan's Economic Development Chapter goal to encourage new businesses. It is also consistent with the Community Character Chapter which calls for encouraging businesses that fit the character of the community. Pet care facilities provide a service business that is compatible with Southold's character as they are not expected to produce a lot of traffic, and provide a needed service to the community. The Planning Board appreciates the opportunity to comment on this local law. Please contact the department with any questions. cc. Paul DeChance, Town Attorney OFFICE LOCATION: AL41L NG ADDRESS: Town Hall Annex SQUr P.O.Box 1179 54375 State Route 25 ^�� y� ._ _ Southold,NY 11971 (cor.Main Rd.&Youngs Ave.) h0• �O ' Southold,NY Telephone:631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: .i Albert-J.,Krupski Jr., Town Supervisor Members of the Town Board Denis"Noncarrow, Town Clerk From: James H. Rich III, Chairman OCT 1 Members of the Planning Board Date: October 7, 2024 SOUL vova Town C gk Re: Local Law entitled A Ldcaflaw in Relation'to Aritendments to Chapter 280 Zoning Day-Care Center, Pet Care Fd&ility The Planning Board supports the proposed amendments. Day Care Center U.S..Ceri"sus-data'ihdicates that, in a 2023 estimate,the population of Southold.Town is'23•,85,4 persons,a.and 3.l'percent or.729 persons are under . yearn old. Daycare centers are needed'for working families;'however, the Town Code does not include this use in the commercial zoning districts. Asa result,there are few options for parents that need day care for their children. The , proposed additions of the use to the Residential Office, Limited Business, Hamlet Business, and General Business zoning districts will provide the opportunity for the development of day care centers. Supporting our working families.in this,way is,consistent with the-Southold Town Comprehensive Plan's Economic Development Chapter goal to facilitate the growth of existing business sectors. Increasing day care options is one step towards ensuring there are available workers for local businesses. 3 Southold Town Planning Board Page 2 . October 7,2024 Pet Care Facility The demand for pet-related services has grown in recent years along with our population,yet there are limited options in our current zoning for this type of business. The proposed change to allow Pet Care Facilities in the General Business zoning district as a permitted use provides a service to the community, and greater economic opportunity to business owners. It may also operate year-round,providing much-needed year-round jobs. This code change is consistent with the Southold Town Comprehensive Plan's Economic Development.Chapter goal to encourage new businesses. It is also consistent with the Community Character Chapter which calls for encouraging businesses that,fit the,character of. the community. Pet care facilities provide a service business that is compatible with Southold's character as they are not expected to produce a lot of traffic, and provide a needed service to the community. The Planning Board appreciates the opportunity to comment on this local law. Please contact the department with any questions. cc. Paul DeChance, Town Attorney DENIS NONCARROW �� �� Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 COO Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER �° RECORDS MANAGEMENT OFFICER ®,� �® Telephone oldt nny.gov FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 7, 2024 RE: Resolution Number 2024-686 A Local Law in Relation to amendments to Chapter 280—Day & Pet Care James Rich III, Chairman Southold Town Planning Board 54375 Main Road PO Box 1179 Southold,NY 11971 Dear James Rich, III: The Southold Town Board, at their regular Town Board meeting held on July 30, 2024, adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed Local Law and forward it to me at your earliest convenience. This proposed Local Law is also being sent to the Suffolk County Department of Planning for their review. The date and time for this public hearing is October 8, 2024 at 4:30 p.m.. Please do not hesitate to contact me if you have any questions. Sincerely, 0 Lynda M Rudder Deputy Town Clerk Enc _ W Rudder, Lynda From: Rudder, Lynda Sent: Wednesday,August 7, 2024 12:39 PM To: Michaelis,Jessica; Lanza, Heather(heather.lanza@town.southold.ny.us) Subject: Chapter 280 Daycare & Petcare Attachments: pb request_20240807123816.pdf Importance: High Original interoffice mail Your message is ready to be sent with the following file or link attachments: pb request_20240807123816.pdf Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 DENIS NONCARROW �� �� Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 COD Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER ® ®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER d `� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 7, 2024 Re: Resolution Number 2024-686 A Local Law in relation to Chapter 280 Day Care and Pet Care Mark Terry, LWRP Coordinator Southold Town Planning Department 54375 State Route 25 Post Office Box 1179 Southold,New York 11971 Dear Mr. Terry, The Southold Town Board, at their regular meeting held on July 30, 2024, adopted the resolution referenced above. Certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to these proposed Local Laws and forward it to me at a suitable time in order to allow sufficient time for the Town Board to review it before the public hearing. This proposed local law will also be transmitted to the Southold Town Planning Department and to the Suffolk County Planning Department for their review. The date and time for these public hearing is October 8, 2024. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, kyd11 Y�Rudder Southold Deputy Town Clerk Enc 7 Rudder, Lynda From: Rudder, Lynda Sent: Wednesday,August 7, 2024 12:39 PM To: Terry, Mark Cc: Michaelis,Jessica Subject: Chapter 280 referral daycare &petcare Attachments: Iwrp req_20240807123841.pdf Importance: High Your message is ready to be sent with the following file or link attachments: Iwrp req_20240807123841.pdf Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 Agency Use Only]If applicable] Full Environmental Assessment Form Project:Part 2- Identification of Potential Project Impacts Date: Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency=s reviewer(s)will not necessarily be environmental professionals. So,the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2,the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed,the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area,complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: • Review all of the information provided in Part 1. • Review any application,maps, supporting materials and the Full EAF Workbook. • Answer each of the 18 questions in Part 2. • If you answer"Yes"to a numbered question,please complete all the questions that follow in that section. • If you answer"No"to a numbered question,move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box"Moderate to large impact may occur." • The reviewer is not expected to be an expert in environmental analysis. • If you are not sure or undecided about the size of an impact,it may help to review the sub-questions for the general question and consult the workbook. • When answering a question consider all components of the proposed activity,that is,the Awhole action@. Consider the possibility for long-term and cumulative impacts as well as direct impacts. • Answer the question in a reasonable manner considering the scale and context of the project. 1. Impact on Land © NO © YES Proposed action may involve construction on, or physical alteration of, the land surface of the proposed site. (See Part 1. D.1) If"Yes", answer questions a-j. If"No", move on to Section 2. Moderate t No,or M Relevant o Part I small large Question(s) impact may impact may occur occur a.The proposed action may involve construction on land where depth to water table is less than 3 feet. E2d 9 9 b.The proposed action may involve construction on slopes of 15%or greater. Elf 9 9 c.The proposed action may involve construction on land where bedrock is exposed,or E2a 9 9 generally within 5 feet of existing ground surface. d.The proposed action may involve the excavation and removal of more than 1,000 tons D2a 9 9 of natural material. e.The proposed action may involve construction that continues for more than one year Dle 9 9 or in multiple phases. f.The proposed action may result in increased erosion,whether from physical D2e,D2q 9 9 disturbance or vegetation removal(including from treatment by herbicides). g.The proposed action is,or may be,located within a Coastal Erosion hazard area. B 1 i 9 9 h. Other impacts: 9 9 FEAF 2019 Page 1 of 10 2. Impact on Geological Features The proposed action may result in the modification or destruction of,or inhibit access to, any unique or unusual land forms on the site(e.g., cliffs, dunes, © ©YES NO minerals,fossils, caves). (See Part 1. E.2.g) If"Yes", answer questions a-c. If"No", move on to Section 3. Relevant No,or Moderate to Part I small large Question(s) impact may impact may occur occur a.Identify the specific land form(s)attached: Egg 9 9 b.The proposed action may affect or is adjacent to a geological feature listed as a E3c 9 9 registered National Natural Landmark. Specific feature: c. Other impacts: 9 9 3. Impacts on Surface Water ©NC ©YES The proposed action may affect one or more wetlands or other surface water bodies(e.g., streams, rivers,ponds or lakes). (See Part 1. D.2,E.21) If"Yes", answer questions a- 1. If"No", move on to Section 4. Relevant No,or Moderate to Part I small large Question(s) impact may impact may a occur occur a.The proposed action may create a new water body. D2b,Dlh 9 9 b.The proposed action may result in an increase or decrease of over 10%or more than a D2b 9 9 10 acre increase or decrease in the surface area of any body of water. c.The proposed action may involve dredging more than 100 cubic yards of material D2a 9 9 from a wetland or water body. d.The proposed action may involve construction within or adjoining a freshwater or E2h 9 9 tidal wetland,or in the bed or banks of any other water body. e.The proposed action may create turbidity in a waterbody,either from upland erosion, D2a,132h 9 9 runoff or by disturbing bottom sediments. f.The proposed action may include construction of one or more intake(s)for withdrawal D2c 9 9 of water from surface water. g.The proposed action may include construction of one or more outfall(s)for discharge D2d 9 9 of wastewater to surface water(s). h. The proposed action may cause soil erosion,or otherwise create a source of D2e 9 9 stormwater discharge that may lead to siltation or other degradation of receiving water bodies. i.The proposed action may affect the water quality of any water bodies within or E2h 9 9 downstream of the site of the proposed action. j.The proposed action may involve the application of pesticides or herbicides in or D2q,E2h 9 9 around any water body. k.The proposed action may require the construction of new,or expansion of existing, D 1 a,D2d 9 9 wastewater treatment facilities. Page 2 of 10 1.Other impacts: 9 9 4. Impact on groundwater © YES The proposed action may result in new or additional use of ground water, or © NO may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1.D.2.a,D.2.c,D.2.d,D.2.p,D.2.q,D.2.t) If"Yes", answer questions a-h. If"No", move on to Section 5. „ Relevant No,or Moderate to Part I small large Question(s) impact may impact may occur occur a.The proposed action may require new water supply wells,or create additional demand D2c 9 9 on supplies from existing water supply wells. b. Water supply demand from the proposed action may exceed safe and sustainable D2c 9 9 withdrawal capacity rate of the local supply or aquifer. Cite Source: c.The proposed action may allow or result in residential uses in areas without water and Dla,132c 9 9 sewer services. d.The proposed action may include or require wastewater discharged to groundwater. D2d,E21 9 9 e.The proposed action may result in the construction of water supply wells in locations D2c,Elf, 9 9 where groundwater is,or is suspected to be,contaminated. Elg,Elh f.The proposed action may require the bulk storage of petroleum or chemical products 132p,E21 9 9 over ground water or an aquifer. E2h,D2q, 9 9 g.The proposed action may involve the commercial application of pesticides within 100 E21,D2c feet of potable drinking water or irrigation sources. h. Other impacts: 9 9 5. Impact on Flooding ©NO O YES The proposed action may result in development on lands subject to flooding. (See Part 1.E.2) If"Yes", answer questions a-g. If"No", move on to Section 6. Relevant No,or Moderate to Part I small large Question(s) impact impact may may occur occur a.The proposed action may result in development in a designated floodway. Eli 9 9 b.The proposed action may result in development within a 100 year floodplain. E2j 9 9 c.The proposed action may result in development within a 500 year floodplain. Elk 9 9 d.The proposed action may result in,or require,modification of existing drainage 132b,D2e 9 9 patterns. e.The proposed action may change flood water flows that contribute to flooding. D2b,E2i, 9 9 E2j,E2k Page 3 of 10 f.If there is a dam located on the site of the proposed action,is the dam in need of repair, E 1 e 9 9 or upgrade? g. Other impacts: 9 9 6. Impacts on Air ©NO © YES The proposed action may include a state regulated air emission source. (See Part 1.D.2.£, D.21,D.2.g) If"Yes", answer questions a-f. If"No", move on to Section 7. Relevant No,or Moderate to Part I small large = estio Qu n(s) impact impact may may occur occur a.If the proposed action requires federal or state air emission permits,the action may also emit one or more greenhouse gases at or above the following levels: i. More than 1000 tons/year of carbon dioxide(CO2) D2g 9 9 ii. More than 3.5 tons/year of nitrous oxide(N20)iii.More than 1000 tons/year 9 9 D2g of carbon equivalent of perfluorocarbons(PFCs)iv.More than.045 tons/year of D2 9 9 g sulfur hexafluoride(SF6) D2g 9 9 v.More than 1000 tons/year of carbon dioxide equivalent of D2g 9 9 hydrochloroflourocarbons(HFCs)emissions vi.43 tons/year or more of methane D2h 9 9 b.The proposed action may generate 10 tons/year or more of any one designated D2g 9 9 hazardous air pollutant,or 25•tons/year or more of any combination of such hazardous air pollutants. c.The proposed action may require a state air registration,or may produce an emissions D2f,D2g 9 9 rate of total contaminants that may exceed 5 lbs.per hour,or may include a heat source capable of producing more than 10 million BTU=s per hour. d.The proposed action may reach 50%of any of the thresholds in"a"through"c", D2g 9 9 above. e.The proposed action may result in the combustion or thermal treatment of more than 1 D2s 9 9 ton of refuse per hour. f.Other impacts: 9 9 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m.-q.) _ ©NO © YES If"Yes", answer questions a-j. If"No", move on to Section 8. • •• Relevant No,or small Moderate to Part I impact may large Question(s) occur impact may occur a.The proposed action may cause reduction in population or loss of individuals of any Ego 9 9 threatened or endangered species,as listed by New York State or the Federal government,that use the site, or are found on, over,or near the site. b.The proposed action may result in a reduction or degradation of any habitat used by E2o 9 9 any rare,threatened or endangered species,as listed by New York State or the federal government. c.The proposed action may cause reduction in population,or loss of individuals,of any E2p 9 9 species of special concern or conservation need,as listed by New York State or the Federal government,that use the site,or are found on,over, or near the site. Page 4 of 10 d.The proposed action may result in a reduction or degradation of any habitat used by E2p 9 9 any species of special concern and conservation need,as listed by New York State or the Federal government. e.The proposed action may diminish the capacity of a registered National Natural E3c 9 9 Landmark to support the biological community it was established to protect. f.The proposed action may result in the removal of,or ground disturbance in,any E2n 9 9 portion of a designated significant natural community. Source: g.The proposed action may substantially interfere with nestingibreeding,foraging,or over-wintering habitat for the predominant species that occupy or use the project site. Elm 9 9 h.The proposed action requires the conversion of more than 10 acres of forest, Elb 9 9 grassland or any other regionally or locally important habitat. Habitat type&information source: i.Proposed action(commercial,industrial or recreational projects,only)involves use of D2q 9 9 herbicides or pesticides. j.Other impacts: 9 9 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1.E.3.a. and b.) ©NO © YES If"Yes", answer questions a-h. If"No", move on to Section 9. Relevant No,or Moderate to Part I small large Question(s) impact impact may may occur occur a.The proposed action may impact soil classified within soil group 1 through 4 of the E2c,E3b 9 9 NYS Land Classification System. b.The proposed action may sever, cross or otherwise limit access to agricultural land Ela,Elb 9 9 (includes cropland,hayfields,pasture,vineyard,orchard,etc). c.The proposed action may result in the excavation or compaction of the soil profile of E3b 9 9 active agricultural land. d.The proposed action may irreversibly convert agricultural land to non-agricultural Elb,E3a 9 9 uses,either more than 2.5 acres if located in an Agricultural District, or more than 10 acres if not within an Agricultural District. e.The proposed action may disrupt or prevent installation of an agricultural land El a,Elb 9 9 management system. f.The proposed action may result,directly or indirectly,in increased development C2c,C3, 9 9 potential or pressure on farmland. D2c,D2d g.The proposed project is not consistent with the adopted municipal Farmland C2c 9 9 Protection Plan. h.Other impacts: 9 9 Page 5 of 10 9. Impact on Aesthetic Resources © NO © YES The land use of the proposed action are obviously different from, or are in sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E.La,E.Lb,E.31.) If"Yes", answer questions a-g. If "No", go to Section 10. Relevant No,or small Moderate to Part I impact may large Question(s) occur impact may b . w :•;" occur a.Proposed action may be visible from any officially designated federal,state,or local E3h 9 9 scenic or aesthetic resource. b.The proposed action may result in the obstruction,elimination or significant E3h,C2b 9 9 screening of one or more officially designated scenic views. c.The proposed action may be visible from publicly accessible vantage points: E3h i. Seasonally(e.g.,screened by summer foliage,but visible during other seasons) 9 9 ii.Year round 9 9 d.The situation or activity in which viewers are engaged while viewing the proposed action E3h is: i.Routine travel by residents,including travel to and from work 1 E2q, 9 9 Recreational or tourism based activities Elc 9 9 e.The proposed action may cause a diminishment of the public enjoyment and E3h 9 9 appreciation of the designated aesthetic resource. Dla,Ela, 9 9 f.There are similar projects visible within the following distance of the proposed project: Dlf,Dlg 0-1/2 mile '/2-3 mile 3-5 mile 5+ mile g. Other impacts: 9 9 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological ©NO O YES resource. (Part 1.E.3.e, f. and g.) If"Yes", answer questions a-e. If"No", go to Section IL " Relevant No,or Moderate to Part I small large Question(s) Qu n(s) impact may impact may occur occur a.The proposed action may occur wholly or partially within,or substantially contiguous E3e 9 9 to,any buildings,archaeological site or district which is listed on the National or State Register of Historical Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places. b.The proposed action may occur wholly or partially within,or substantially contiguous E3f 9 9 to, an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory. c. The proposed action may occur wholly or partially within, or substantially contiguous E3g 9 9 to,an archaeological site not included on the NY SHPO inventory. Source: Page 6 of 10 d.Other impacts: 9 9 If any of the above(a-d)are answered"Moderate to large impact may e' occur",continue with the following questions to help support conclusions in Part 3: E3e,E3g, L The proposed action may result in the destruction or alteration of all or part of E3f the site or property. 9 9 E3e,E3f, ii. The proposed action may result in the alteration of the property's setting or E3g,Ela, integrity. E l b 9 9 E3e,E3f, iii. The proposed action may result in the introduction of visual elements which E3g,E3h, are out of character with the site or property,or may alter its setting. C2,C3 1 9 9- 11. Impact on Open Space and Recreation © NO © YES The proposed action may result in a loss of recreational opportunities or a reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c,E.l.c.,E.2.q.) If"Yes", answer questions a-e. If"No", go to Section 12. Relevant No,or Moderate to Part I small large Question(s) impact impact may may occur occur D2e Elb 9 9 a. The proposed action may result in an impairment of natural functions,or"ecosystem ' services",provided by an undeveloped area,including but not limited to stormwater E2h, storage,nutrient cycling,wildlife habitat. Elm,Ego, E2n,E2p b.The proposed action may result in the loss of a current or future recreational resource. C2a,Elc, 9 9 C2c,E2q c.The proposed action may eliminate open space or recreational resource in an area C2a, C2c 9 9 with few such resources. Elc,E2q d.The proposed action may result in loss of an area now used informally by the C2c,Elc 9 9 community as an open space resource. e. Other impacts: 9 9 12.Impact on Critical Environmental Areas ©NO © YES The proposed action may be located within or adjacent to a critical environmental area(CEA). (See Part 1.E.3.d) If"Yes", answer questions a-c. If"No", go to Section 13. Relevant No,or Moderate to Part I small large Question(s) impact impact may may occur occur a.The proposed action may result in a reduction in the quantity of the resource or E3d 9 9 characteristic which was the basis for designation of the CEA. b.The proposed action may result in a reduction in the quality of the resource or E3d 9 9 characteristic which was the basis for designation of the CEA. c.Other impacts: 9 9 Page 7 of 10 13.Impact on Transportation ©NO © YES The proposed action may result in a change to existing transportation systems(See Part 1.D.2.j) If"Yes", answer questions a-f. If"No", go to Section 14. A ' Relevant No,or Moderate Part I small to large - _ Question(s) impact impact may may occur occur a.Projected traffic increase may exceed capacity of existing road network. D2j 9 9 b.The proposed action may result in the construction of paved parking area for 500 or D2j 9 9 more vehicles. c.The proposed action will degrade existing transit access. D2j 9 9 d.The proposed action will degrade existing pedestrian or bicycle accommodations. D2j 9 9 e.The proposed action may alter the present pattern of movement of people or goods. D2j 9 9 f. Other impacts: 9 9 14.Impact on Energy ©NO © YES The proposed action may cause an increase in the use of any form of energy. (See Part 1.D.21) If"Yes", answer questions a-e. If"No", go to Section 15. Relevant No,or small Moderate to Part I impact may large 4' Question(s) occur impact may occur a.The proposed action will require a new,or an upgrade to an existing,substation. D2k 9 9 b.The proposed action will require the creation or extension of an energy transmission or lf, 9 9 supply system to serve more than 50 single or two-family residences or to serve a lq,D2k commercial or industrial use. c.The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k 9 9 d.The proposed action may involve heating and/or cooling of more than 100,000 square lg 9 9 feet of building area when completed. e. Other Impacts: 15.Impact on Noise,Odor,and Light © YES The proposed action may result in an increase in noise,odors,or outdoor lighting. ©NO (See Part 1.D.2.m.,n., and o.) If"Yes", answer questions a-f. If"No", go to Section 16. Relevant No,or small Moderate to Part I impact may large Question(s) occur impact may occur a.The proposed action may produce sound above noise levels established by local D2m 9 9 regulation. b.The proposed action may result in blasting within 1,500 feet of any residence,hospital, 2m,Eld 9 9 school, licensed day care center,or nursing home. �c.The proposed action may result in routine odors for more than one hour per day. D2o 9 9 Page 8 of 10 d.The proposed action may result in light shining onto adjoining properties. D2n 9 9 e.The proposed action may result in lighting creating sky-glow brighter than existing D2n,Ela 9 9 area conditions. f.Other impacts: 9 9 16.Impact on Human Health The proposed action may have an impact on human health from exposure ©NO © YES to new or existing sources of contaminants. (See Part 1.D.2.q.,E.1. d. f. g. and h.)If"Yes", answer questions a-in. If "No", go to Section 17. a Relevant No,or Moderate to Part I small large Question(s) impact impact may may cccur occur a.The proposed action is located within 1500 feet of a school,hospital,licensed day Eld 9 9 care center,group home,nursing home or retirement community. b.The site of the proposed action is currently undergoing remediation. Elg,Elh 9 9 c.There is a completed emergency spill remediation,or a completed environmental site Elg,Elh 9 9 remediation on,or adjacent to,the site of the proposed action. d.The site of the action is subject to an institutional control limiting the use of the Elg,Elh 9 9 property(e.g.,easement or deed restriction). e.The proposed action may affect institutional control measures that were put in place Elg,Elh 9 9 to ensure that the site remains protective of the environment and human health. f.The proposed action has adequate control measures in place to ensure that future D2t 9 9 generation,treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g.The proposed action involves construction or modification of a solid waste D2q,Elf 9 9 management facility. h.The proposed action may result in the unearthing of solid or hazardous waste. D2q,E 1 f 9 9 i. The proposed action may result in an increase in the rate of disposal, or processing, of D2r,D2s 9 9 solid waste. j.The proposed action may result in excavation or other disturbance within 2000 feet of Elf,Elg 9 9 a site used for the disposal of solid or hazardous waste. Elh k. The proposed action may result in the migration of explosive gases from a landfill Elf,Elg 9 9 site to adjacent off site structures. 1.The proposed action may result in the release of contaminated leachate from the 132s,E If, 9 9 project site. D2r in. Other impacts: 17. Consistency with Community Plans ©NO O YES The proposed action is not consistent with adopted land use plans. (See Part 1. CA, C.2. and C.3.) If"Yes", answer questions a-h. If"No", go to Section 18. Page 9 of 10 Relevant No,or Moderate to Part I small large Question(s) impact impact may may occur occur a.The proposed action's land use components may be different from,or in sharp C2, C3,Dla 9 9 contrast to,current surrounding land use pattern(s). Ela,Elb b.The proposed action will cause the permanent population of the city,town or village C2 9 9 in which the project is located to grow by more than 5%. c.The proposed action is inconsistent with local land use plans or zoning regulations. C2,C2,C3 9 9 d. The proposed action is inconsistent with any County plans, or other regional land use C2,C2 9 9 plans. e.The proposed action may cause a change in the density of development that is not C3,Dlc, 9 9 supported by existing infrastructure or is distant from existing infrastructure. Dld,Dlf, Dld,Elb f.The proposed action is located in an area characterized by low density development C4,132c,D2d 9 9 that will require new or expanded public infrastructure. D2j g.The proposed action may induce secondary development impacts(e.g.,residential or C2a 9 9 commercial development not included in the proposed action) h. Other: 9 9 18. Consistency with Community Character ©NO © YES The proposed project is inconsistent with the existing community character. (See Part 1. C.2, C.3,D.2,E.3) If"Yes", answer questions a-g. If"No",proceed to Part 3. Relevant No,or Moderate to 41 ' Part I small large Question(s) impact impact may may occur occur a.The proposed action may replace or eliminate existing facilities,structures,or areas of E3e,E3f,E3g 9 9 historic importance to the community. b.The proposed action may create a demand for additional community services(e.g. C4 9 9 schools,police and fire) c.The proposed action may displace affordable or low-income housing in an area where C2,C3,Dlf 9 9 there is a shortage of such housing. D 1 g,E t a d.The proposed action may interfere with the use or enjoyment of officially recognized C2,E3 9 9 or designated public resources. e. The proposed action is inconsistent with the predominant architectural scale and C2, C3 9 9 character. f.Proposed action is inconsistent with the character of the existing natural landscape. C2,C3 9 9 Ela,Elb E2g,E2h g. Other impacts: 9 9 Page 10 of 10 MEMORANDUM To: Town of Southold Town Board Denis Noncarrow, Town Clerk From: Mark Terry,AICP Assistant Town Planning Director LWRP Coordinator Date: October 8, 2024 Re: Local Waterfront Revitalization Coastal Consistency Review"A Local Law in Relation to Amendments to Chapter 280 Zoning Day-Care Center,Pet Care Facility" The Local Law in Relation to add definitions of Day Care Center and Pet Care Facility was reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP) Policy Standards. Based upon the information provided to this department,the proposed action is recommended as CONSISTENT with the LWRP. Pursuant to Chapter 268,the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Paul DeChance, Town Attorney State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significance October 8, 2024 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Local Law Southold Town Code Amendments for Day-Care Center& Pet Care Facility SCTM#: Town of Southold Location: Southold, New York SEAR Status: Type I (X) Unlisted ( ) 617.4(b)(2) "the adoption of changes in the allowable uses within any zoning district, affecting 25 or more acres of the district;" Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: The proposed local law will add the following definitions and uses to Chapter 280, Zoning of the Southold Town Code. § 280-4 Definitions. SEQRA Negative Declaration - Page 12 —October 8, 2024 B. Definitions and usages. Unless otherwise expressly stated,the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). DAY-CARE, HOME A residential structure and property used principally as a residence, where child care is provided by the resident for a total of five or fewer children other than those of the caregiver. This use must be in accordance with the regulations governing home occupations in this Zoning Code. DAY-CARE CENTER Any premises or part thereof maintained for the care of six or more infants, toddlers or children, away from their own homes, for more than three hours but fewer than 24 hours per day per child in accordance with all applicable regulations. HOUSEHOLD PET Any animal that has been bred or raised to live in the habitation of humans and is food and shelter dependent. Household pets include, but are not limited to, dogs, cats, birds, fish and rabbits. PET BOARDING SERVICE The provision of housing and care of a household pet in the absence of the owner for a period of 24 hours or more with the exception of veterinary hospitals, so long as the boarding area is in accordance with the applicable town, county and state regulations. PET GROOMING ESTABLISHMENT A building, or part thereof, or premises maintained for the purpose of offering bathing, clipping or combing of animals and for which a fee is charged. This definition includes facilities that offer self-service bathing or grooming. PET DAY-CARE Any premises, or part thereof, maintained for the purpose of providing socialization, training or housing, in the absence of the owner, for less than 24 hours for household pets owned by the general public for which a fee is charged. PET CARE FACILITY A facility that provides one or more household pet care services, including a pet grooming business, pet day-care, pet boarding service, obedience training, socialization and accessory retail sales of pet products. The breeding and/or sale of animals shall not be permitted in such a facility. Use of outdoor areas for the services provided must be supervised to prevent the occurrence of objectionable noise or other nuisances beyond the boundaries of the site on which it is located. All household pets must be controlled at all times to prevent their escape or trespass onto neighboring properties. Animal waste must be disposed of in a manner that will not pollute groundwater or cause odors to leave the premises and in accordance with the applicable town, county, and state regulations. The Day-Care Center use is being added to the RO (Residential Office), Limited Business (LB) District Hamlet Business (HB) District, General Business (B) District and Historic Preservation District (HPD) zoning districts. The Pet Care Facility use is being added to the Historic Preservation District (HPD) zoning district. Reasons Supporting This Determination: Numbers coincide with Part II Form. 1. Impact on Land The determination was based upon the following: SEQRA Negative Declaration - Page 13—October 8, 2024 The proposed amendments apply to the zoning districts RO (Residential Office), Limited Business (LB) District Hamlet Business (HB) District, General Business (B) District and Historic Preservation District (HPD). The amendments apply to each respective zone townwide as a permitted use. Site plan approval is required for each use. Zoning The purposes of the zoning district are defined as: Residential Office RO §280-37 Purpose. The purpose of the Residential Office (RO) District is to provide a transition area between business areas and low-density residential development along major roads which will provide opportunity for limited nonresidential uses in essentially residential areas while strongly encouraging the adaptive reuse of existing older residences, to preserve the existing visual character of the Town and to achieve the goal(s) of well-planned, environmentally sensitive, balanced development, which the Town has determined to be desirable. The proposal does not conflict with the purpose of the RO zone. Limited Business LB §280-40 Purpose. [Amended 4-22-2008 by L.L. No. 4-2008] The purpose of the Limited Business (LB) District is to provide an opportunity to accommodate limited business activity along highway corridors, but in areas outside the hamlet's central business areas, that is consistent with the rural and historic character of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area. The proposal is not in conflict with the LB zone's purpose. Hamlet Business HB §280-44Purpose. [Amended 12-5-2017 by L.L. No. 20-2017] The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, including retail, office and service uses, public and semipublic uses, as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area. The proposal does not conflict with the purpose of the HB zone. General Business B SEQRA Negative Declaration - Page 14— October 8, 2024 §280-47 Purpose. The purpose of the General Business (B) District is to provide for retail and wholesale commercial development and limited office and industrial development outside of the hamlet central business areas, generally along major highways. It is designed to accommodate uses that benefit from large numbers of motorists, that need fairly large parcels of land and that may involve characteristics such as heavy trucking and noise. The proposal does not conflict with the purpose of the B zone. §280-190 Purpose; applicability of amendments. The Town Board of the Town of Southold has found that there exists within the Town certain structures with historic or community significance that are in danger of being permanently removed from the Town's scenic viewshed. The Town Board further finds these structures are deserving of preservation for this and future generations. The Town Board has determined that it is necessary to create a floating zone, which will be known as a Historic Preservation District, to afford an opportunity to protect these structures from demolition by providing an incentive to developers to maintain the fagade of said structures, in exchange for the ability to enjoy additional uses not currently permitted in the underlying zoning district. The proposal does not conflict with the purpose of the HPD zone. A community benefit from the proposed use includes providing accessible child an&pet care to the population of the Town. Moderate to large adverse impacts on land are not expected to occur due to the action. 3. Impact on Water The parcel is located within Groundwater Management Zone IV. There are two Special Groundwater Protection Areas. No site plans have been submitted for the new uses. Chapter 275 Wetlands and Shorelines, administered by the Southold Town Board of Trustees, protects freshwater and tidal wetlands from actions through mitigation. Chapter 275 Wetlands and Shorelines requires a minimum setback of 100 feet from freshwater wetlands. NYSDEC Article 24 Permit may also be required under site plan review. As indicated above, Mitigation to protect ground and surface waters is possible and could include, requiring maximum structural setbacks (100') from wetlands, protecting existing vegetation, establishing vegetated non- disturbance buffers to minimize turf areas, limiting irrigated areas, requiring native and drought- tolerant plant species and restricting or prohibiting the application of fertilizer and herbicides on a parcel. Stormwater runoff and its effect on adjacent properties, public lands and waterbodies are a town concern. Chapter 236 Stormwater Management of the Southold Town Code applies to all parcels in the Town. All stormwater must remain on-site. Further, for actions that disturb equal to or greater than 1 acre, New York State Department of Environmental Conservation (NYSDEC) SWPPP will be required to further address stormwater and erosion. SEQRA Negative Declaration - Page 15—October 8. 2024 No moderate to large adverse impacts to groundwater quality or quantity are expected to occur from the proposed uses. 4. Impact from Flooding Impacts on parcels occur during storm events, including hurricanes area concern. The rise of sea level overtime is also a concern. Future site plans will be evaluated to FEMA flood zones, and those areas located in structural hazard areas will require flood design mitigation. Structures will be located outside of the FEMA 0.2- percent-annual-chance (or 500-year) mapped flood zone to the greatest extent practicable. Additionally, any site plan submitted with the subject use will be evaluated for hurricane and sea level rise tolerance. The SLOSH (Sea, Lake, and Overland Surges from Hurricanes) model is a numerical model used by National Weather Service to compute storm surge will be consulted..Storm surge is defined as the abnormal rise of water generated by a storm, over and above the predicted astronomical tides. Flooding from storm surge depends on many factors, such as the track, intensity, size, and forward speed of the hurricane and the characteristics of the coastline where it comes ashore or passes nearby. For planning purposes, the National Hurricane Center uses a representative sample of hypothetical storms to estimate the near worst—case scenario of flooding for each hurricane category (NOAA). The Suffolk County Multi-Jurisdictional Multi-Hazard Mitigation Plan will also be consulted. Drainage areas contribute to the hydroperiods of wetland systems. The interruption of drainage areas that effect a wetland could alter the hydrology of these systems and the ecology. No moderate to large adverse impacts to floodways are expected to occur. 6. Impact on Air Air pollution can harm human health, and damage elements of the ecosystem. Exposure to air pollution is associated with numerous effects on human health, including pulmonary, cardiac, vascular, and neurological impairments. No significant emissions from the uses are expected. No substantial adverse change in existing air quality is expected to occur. 7. Impact on Plants and Animals Site plans, once received, are assessed to the NYSDEC Environmental Mapper, to determine if a parcel is located within a Rare Plants and Animal area. This layer shows generalized locations of animals and plants that are rare in New York State, including but not limited to those listed as Endangered and Threatened. It is expected that may of the subject parcels will be identified as a location is in the vicinity of Animals Listed as Endangered or Threatened; including the northern long- eared bat (NLEB) (Myotis septentrionalis) a species listed as endangered by both New York State and the US Fish & Wildlife Service SEQRA Negative Declaration - Page 16—October 8, 2024 9. Impact on Aesthetic Resources The parcel is visible from NYS Route 25; a New York State Designated Scenic Byway. The applicant has indicated that future development would be screened by a vegetative buffer from occupants in vehicles. Specifications and details of the buffer will be addressed during site plan review. Year-round vegetative screening of the facility greater than 90 percent is recommended. It was verified that the house and shed are visible from protected open space owned by Suffolk County and the Bay to Sound Trail. Both are publicly accessible. The applicant has offered to plant vegetation to provide screening of the facility from the trail in a March 3, 2021 letter. Details of the screening will be outlined during site plan review. The screening of the facility from NYS Route 25 and the Bay to Sound Trail will result in no moderate to large adverse impacts to aesthetic resources. 10. Impact on Historical and Archeological Resources Site plans, once received, are assessed to the NYS OPRHP CRIS to assess the presence or absence of cultural resources. Mitigation imposed by the Planning Board would be responsive to the level of cultural surveys requested. 12. Impact on Critical Areas Some parcels that would allow the proposed uses are expected to be located within the Peconic Bay watershed a New York State Department of Environmental Conservation (NYSDEC) Critical Environmental Area (CEA) listed as: Peconic Bay and Environs. Southold Town contains 23 NYSDEC Critical Environmental Areas. To be designated as a CEA, an area must have an exceptional or unique character with respect to one or more of the following: • A benefit or threat to human health. • A natural setting (e.g., fish and wildlife habitat, forest and vegetation, and/or open space and areas of important aesthetic or scenic quality). • Agricultural, social, cultural, historic, archaeological, recreational, or educational values. • An inherent ecological, geological, or hydrological sensitivity that may be adversely affected by any change. The designations are important in review of development actions because the State Environmental Quality Review Act requires that a potential impact on the environmental characteristics of a CEA must be evaluated. Adverse impacts to ecological and hydrological sensitivity are expected and mitigation will be required by the Southold Zoning Board of Appeals, Southold Planning Board or Southold Board of Trustees. Adverse impacts to unprotected and protected species will be assessed during site plan review. SEQRA Negative Declaration - Page 17 — October 8, 2024 13. Impact on Transportation The proposed uses will not generate moderate to large traffic. Traffic impacts are expected to be low. Traffic to and from the parcel will increase during peak hours, a.m. and p.m., which is indicative of the type of operations and services these uses provide. Further assessment of vehicle trip generation, flow, and safety on a case-by-case basis will be achieved during the site plan review. 14. Impact on Energy The proposed uses are not large energy consumers. Further assessment will be achieved during the site plan review. 15. Impact from Noise, Odor and Light Noise will be assessed to parcel characteristics and potential receptors. The Planning Board is expected to apply best management practices to mitigate noise capable of impacting the quality of life of receptors. A sound analysis model may be required during the site plan review depending on the use. Lighting on site will comply with Chapter 172. Lighting, Outdoor in the Southold Town Code and will not adversely impact adjacent properties or the night sky. Lighting will be further assessed during site plan review. 17. Consistency with Community Plans The proposal is consistent with community plans. The Southold Town Comprehensive Plan This code change is consistent with the Southold Town Comprehensive Plan's Economic Development Chapter goal to encourage new businesses. It is also consistent with the Community Character Chapter which calls for encouraging businesses that fit the character of the community. Pet care facilities provide a service business that is compatible with Southold's character as they are not expected to produce a lot of traffic, and provide a needed service to the community. Town of Southold LWRP The action has been reviewed to the policies of the Town of Southold Local Waterfront Revitalization Program (2005) and is recommended as consistent in an October 8, 2024 memorandum. Long Island North Shore Heritage Area The proposed facility is consistent with the Long Island North Shore Heritage Area, a Regional Special Planning District designed to organize people, places, and connections into a comprehensive and understandable approach. 18. Consistency with Community Character SEQRA Negative Declaration - Page 18— October 8, 2024 No development it proposed at this time. Any impacts to the character of the Town will be assessed in detail during the site plan review. Based upon such, no significant adverse impacts to the environment are expected to occur should the action be approved. For Further Information: Contact Person: Mark Terry, Assistant Town Planning Director Telephone Number: (631) 765-1938 cc: Southold Town Clerk Southold Planning Board Southold Town Building Department _ Q��gUFFO(�►�o . DENIS NONCARROW =� G.j� Town Hall,53095 Main Road TOWN CLERK p P.O.Box 1179 y 2 Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS O � � Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ��l `1►a www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 13, 2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on October 8, 2024 at 4:30 p.m. at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280 Zoning Please sign this letter and return to me at your earliest convenience. Thank you. Denis Noncarrow Southold Town Clerk Attachments cc: J Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island J Town of Southampton f Southold Building Dept J Southold Planning Dept ,/Southold Trustees ./ Southold Assessors Southold ZBA Village of Greenport Signature, Received by Date Please print name Title IMMIS NONCAIMOW t Towu ball,0309S Ma,n R(�ru1 TOWN CLEIM � � � RO.Cox 11.70, ':it>a,tlxkild,NecPYork 1197.1 VMG191'I M?OF V17..AI,STM ISTIC5 f Fax(631)76541141 A'IA13RIAGE C1ItI'IC;f:lt a'� ��y�: ,fit Telephone(6311 765.1800 RECORDS AININAGEAIENT OFFICL:It � Y wcvw.so,tholrl4nsvr,ny.{c,ti F TIEi,I)OAT OF INFOM4ATION OFF10EFi OFFICE OF TLTE TOWN CLERK TOWN Ole'SOUTHOLD August 13.2024 PI. ASFI'TAKIT NOTTCE;that the`Down Board of the Town of Southold will hold a PUBLIC 1-MARING,on the.proposed I,oc'al Law listed below bn October 8,2024 at 4:30 p.m, at t}ic Southold Town Mall,53095 Main Road. Southold,NY: A Local 1_aw in relation to Amendments to Chaple'r 281)Zoning Please sign this letter and return to me.at your earliest convenience. Thank you. Denis Noncarrow Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton'. Southold Building Dept Southold Plaruring Dept Southold Trustees Southold!assessors Southold ZBA Village of Greenport _ . 91231 2oz4 ignature,Received by Date �ESSIG'h t�ICE+AE1—IS .. %_U'ayLr>TowN PLAN►--,rA3b p6 (yr. Please print name Title 11FF®t DENIS NONCARROW Town Hall,53095 Main Road TOWN CLERK ? ` P.O.Box 1179 ram; . Southold,New York 11971 REGISTRAR OF VITAL STATISTICS' Fax(631)765-6145 MARRIAGE OFFICER = , Q Telephone(681)765-1800 RECORDS MANAGEMENT OFFICER l'�: ` .` wwwsoutholdtownnygov FREEDOM OF INFORMATION.OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 13,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on October 8,2024 at 4:30 p.m. at the Southold Town Hall, 53095 Main Road,Southold,NY: A Local Law in relation to Amendments to Chapter 280 Zoning Please sign this letter and return to me at your earliest convenience. Thank you. Denis Noncarrow Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter'Island Town of Southampton Southold Building Dept Southold Planning Dept ,/Southold Trustees Southold Assessors Southold ZBA Village of'Greenport Sig• `e,Received by Date cc— Please-print name, Title DENIS NONCARROW o~� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 y Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p .F Fax(631)765-6145 MARRIAGE OFFICER yijJO aQ`' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ! '1► www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August,l 3, 2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed'below on October 8, 2024 at 4:30 p.m. at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280 Zoning .a Please sig um to me at your earliest convenience. Thank you. � D - S E P - 6 2024 - Denis Noncarrow S0111hOld Town Clerk Southold Town Clerk Attachments cc: SuffoI�k County Dept of-P1ann ng Long•,Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport %-20.3tA ignature, Received by Date Please print name itle DEMS NONCARROW $ Thwn Hall,53095 Main Road TOWN CLERK o P.O.Bog 1179 02 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS :p + ,► . Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER :�j 'Z►�. ' FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 13,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on October 8,2024 at 4:30 p.m. at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280 Zoning Please sign this letter and return to me at your earliest convenience. Thank you. Denis Noncarrow Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of G reenpo S A.s� � Signature,Received by Date SUN a y A. EC84ERNEWi'�' 50 UThAvypj-C�V MbV/V GLEAX Please print name Title o�a�uEFa���o • DENIS NONCARROW Town Hall,53095 Main Road TOWN CLERK co P.O.Box 1179 coa Southold,New York 11971 REGISTRAR OF VITAL STATISTICS :p , :`. Fax(631)765-6145 MARRIAGE OFFICER Q�• , Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER Ol '�► .: wwwsoutholdtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 13,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on October 8,2024 at 4:30 p.m. at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280 Zoning Please sign this letter and return to me at your earliest convenience. Thank you. 'A. 1014 Denis Noncarrow Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenpo SA�-�A. -7,3/ Signature,Received by Date SUNOy A. SCHIERN-"W? 6oU7-1YAIYpI—OV TObV1V Gt.EpfC, Please print name Title DENIS NONCARROW ®� �. Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER •��® Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER g www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 13,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on October 8,2024 at 4:30 p.m. at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280 Zoning Please sign this letter and return to me at your earliest convenience. Thank you. 9'�Q )�� Denis Noncarrow Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees j Southold Assessors Southold ZBA Village of Greenport 3 Signature, Received by Date A&5 0II� Please print name Title . o�osufFoc��o DENIS NONCARROW �, G� Town Hall,53095 Main Road TOWN CLERK p P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 0 Fax(631)765-6145 MARRIAGE OFFICER !f'� �� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER 4j �►a FREEDOM OF INFORMATION OFFICER www southoldtownnygov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 13,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on October 8,2024 at 4:30 p.m. at the Southold'Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280 Zoning Please sign-this letter and return to me at your earliest convenience. Thank you. Denis Noncarrow Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Green rt . Signature, R eived by Date Please print name Title Rudder, Lynda From: Rudder, Lynda Sent: Friday,August 23, 2024 11:16 AM To: Bunch, Connie;Candice Hall; Cantrell, Elizabeth; Fuentes, Kim;Glew, Claire;Jean Marie Oddon Omoddon@greenportvillage.org); Lanza, Heather, Michaelis,Jessica; Noncarrow, Denis; Norklun, Stacey, Nunemaker,Amanda; Riverhead Town Clerk; Sepenoski,John; Shelter Island Clerk; Southampton Town clerk(TownClerk@southamptontownny.gov); Verity, Mike;Webster, Kevin;Weisman, Leslie Subject: Notice of Public Hearing Attachments: nta_20240823100746.pdf Importance: High Your message is ready to be sent with the following file or link attachments: nta_20240823100746.pdf Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 Od4adb86 lynda.rudder@town.southold.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk County, The undersigned is the authorized designee of'Ihe Suffolk Times,a Weekly Newspaper published in Suffolk County, New York.I certify that the public notice,a printed copy of which is attached hereto,was printed and published in this newspaper on the following dates: 09/19/2024 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county, and as such,is eligible to publish such notices. Signature Christina Henke Rea Printed Name Subscribed and sworn to before me, This 20 day of September 2024 Digitally signed DOUGLAS W REA by douglas w rea Notary Public•State of New York Date: 2024.09.20 NO,OfRE6398443 20:07:12 +00:00 Qualified in Albany County My Commission Expires Sep 30,2027 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 30th day of July, 2024, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280 Zoning" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 8thday of October, 2024 at 4:30 PM., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to . Amendments to Chapter 280 Zoning" reads as follows: LOCAL LAW NO. 2024 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 Zoning" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The purpose of this local law is to allow for Day Care and Pet Care Centers. The entire proposed Local Law is available on the Town website: southoldtownny.gov Or by contact the Town Clerk's office during normal business hours. BY ORDER OF THE TOWN BOARD Dated: July 30, 2024 Denis Noncarrow Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 30th day of July, 2024, a Local Law entitled"A Local Law in relation to Amendments to Chapter 280 Zoning"and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 8thday of October, 2024 at 4:30 PM., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 Zoning"reads as follows: LOCAL LAW NO. 2024 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 Zoning" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose-The purpose of this local law is to allow for Day Care and Pet Care Centers. II. Chapter 280 of the Code of the Town of Southold is hereby amended to include the underlined words and remove the struck through words as follows: Article I General Provisions §280-4 Definitions. B. Definitions and usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged(or latest edition). C14ILB Q DAY-CARE,HOME-A residential structure and property used principally as a residence, where child care is provided by the resident for a total of five or fewer children other than those of the caregiver. This use must be in accordance with the regulations governing home occupations in this Zoning Code. DAY-CARE CENTER-Any premises or part thereof maintained for the care of six or more infants,toddlers or children, away from their own homes, for more than three hours but fewer than 24 hours per day per child in accordance with all applicable regulations. HOUSEHOLD PET -Any animal that has been bred or raised to live in the habitation of _humans and is food and shelter dependent. Household pets include, but are not limited to, dogs, cats, birds, fish and rabbits. PET BOARDING SERVICE - The provision of housing and care of a household pet in the absence of the owner for a period of 24 hours or more with the exception of veterinary hospitals, so long as the boarding area is in accordance with the applicable town, county and state regulations. PET GROOMING ESTABLISHMENT -A building, or part thereof, or premises maintained for the purpose of offering bathing, clipping or combing of animals and for which a fee is charged. This definition includes facilities that offer self-service bathing or grooming. PET DAY-CARE -Any premises, or part thereof, maintained for the purpose of providing socialization, training or housing, in the absence of the owner, for less than 24 hours for household pets owned by the general public for which a fee is charged. PET CARE FACILITY-A facility that provides one or more household pet care services, including a pet grooming business, pet day-care, pet boarding service, obedience training, socialization and accessory retail sales of pet products. The breeding and/or sale of animals shall not be permitted in such a facility. Use of outdoor areas for the services provided must be supervised to prevent the occurrence of objectionable noise or other nuisances beyond the boundaries of the site on which it is located.All household pets must be controlled at all times to prevent their escape or trespass onto neighboring properties. Animal waste must be disposed of in a manner that will not pollute groundwater or cause odors to leave the premises, and in accordance with the applicable town, county and state regulations. Article VIII Residential Office (RO) District § 280-38 Use regulations In the Residential Office (RO) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (3) The following uses are permitted uses subject to site plan approval by the Planning Board: (h) Day-Care Center Article IX Limited Business (LB) District § 280-41 Use regulations. In the LB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses. All permitted uses except Single family and owner-occupied two-family residences require site plan approval. (13) Day-Care Center Article X Hamlet Business (HB) District § 280-45 Use regulations. In the FIB District,no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A (1), (2), (3) and(20)hereof, are subject to site plan approval by the Planning Board: (24) Day-Care Center Article XI General Business (B)District § 280-48 Use regulations. In the B District, no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:' A. Permitted uses. The following uses are permitted uses and, except for those uses Permitted under Subsection A(1), (12) and(13)hereof, are subject to site plan approval by the Planning Board: (15) Day-Care Center (16) Pet Care Facility Article XXXIII Historic Preservation District (HPD) § 280-193 Use regulations In the HPD,no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used; in whole or in part, for any use except the following: A. Permitted uses. The following are permitted uses and, except for uses permitted Under Subsection A(1), (2) and(3)hereof, are subject to site plan approval by the Planning Board: (8) Day-Care fps Center III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. BY ORDER OF THE TOWN BOARD Denis Noncarrow Dated: July 30, 2024 Southold Town Clerk LOCAL NV I IVC NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 30th day of July, 2024, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280 Zoning" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 8thday of October, 2024 at 4:30 PM., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 Zoning" reads as follows: LOCAL LAW NO. 2024 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 Zoning" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The purpose of this local law is to allow for Day Care and Pet Care Centers. The entire proposed Local Law is available on the Town website: southoldtownny.gov Or by contact the Town Clerk's office during normal business hours. BY ORDER OF THE TOWN BOARD Dated: July 30, 2024 Denis Noncarrow . Rudder, Lynda From: Reisenberg, Lloyd Sent: Friday,August 23, 2024 10:44 AM To: Rudder, Lynda Subject: RE:Chapter 280 daycare All set Lloyd H. Reisenberg Network and Systems Administrator Town of Southold, New York www.southoldtownny.gov Iloyd.reisenberg@town.southold.ny.us 0: 631-765-1891 1 1VI:631-879-1554 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Rudder, Lynda<lynda.rudder@town.southold.ny.us> Sent: Friday,August 23, 2024 9:51 AM To: Lisa Finn (lisaahfinn@gmail.com)<lisaahfinn@gmail.com>; Reisenberg, Lloyd <Lloyd.Reisenberg@town.southold.ny.us>;Tomaszewski,Zachary<zact@southoldtownny.gov>; Doherty,Jill <jill.doherty@town.southold.ny.us>; Doroski,Greg<greg.doroski@town.southold.ny.us>; Krupski,Al <alk@town.southold.ny.us>; Louisa Evans<Ipevans06390@gmail.com>; Mealy, Brian <brian.mealy@town.southold.ny.us>; Noncarrow, Denis<denisn@southoldtownny.gov>; Norklun,Stacey <Stacey.Norklun@town.southold.ny.us>;Smith,Anne<anne.smith@town.southold.ny.us>;Standish, Lauren <Lauren.Standish@town.southold.ny.us>;Tomaszewski, Michelle<michellet@town.southold.ny.us>; DeChance, Paul <pauld@southoldtownny.gov>;Johnson, Benjamin <benjaminj@southoldtownny.gov>; McGivney,Julie <juliem@southoldtownny.gov>;Schlachter,Amy<amys@southoldtownny.gov> Subject:Chapter 280 daycare Importance: High Please post 1 n STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Lynda M Rudder,Deputy Town Clerk of the Town of Southold,New York being duly sworn, says that on the 23rd day of August, 2024, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York and the Southold Town website, www.southoldtownny.gov . PH 10/8 4:30pm—LL Chapter 280 Day Care Lynda M Rudder Southold Deputy Town Clerk Sworn before me this 23rd day of August , 2024. Notary Public SABRINA M BORN Notary Public,State of New York No.01 B06317038,Suffolk CotM Commission Expires Dec.22,20 161,9 O-. a°`�tFo`4°°° RESOLUTION 2024-686 ADOPTED DOC ID: 20517 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2024-686 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DULY 30,2024: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 30th day of July,2024, a Local Law entitled"A Local Law in relation to Amendments to Chapter 280 Zoning" and now therefor be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 8th day of October, 2024 at 4:30 PM., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 Zoning"reads as follows: LOCAL LAW NO. 2024 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 Zoning" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose -The purpose of this local law is to allow for Day Care and Pet Care Centers. II. Chapter 280 of the Code of the Town of Southold is hereby amended to include the underlined words and remove the struck through words as follows: Article I General Provisions 280-4 Definitions. B. Definitions and usages. Unless otherwise expressly stated,the following terms shall, for the purpose of this chapter,have the meanings as herein defined.Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged(or latest edition). CHILD CARE DAY-CARE,HOME A residential structure and property used principally as a residence, where child care is provided by the resident for a total of five or fewer children other than those of the caregiver. This use must be in accordance with the regulations governing home occupations in this Zoning Code. DAY-CARE CENTER Any premises or part thereof maintained for the care of six or more infants,toddlers or children, away from their own homes, for more than three hours but fewer than 24 hours per day per child in accordance with all applicable regulations. HOUSEHOLD PET Resolution 2024-686 Board Meeting of July 30, 2024 Any animal that has been bred or raised to live in the habitation of humans and is food and shelter dependent. Household pets include, but are not limited to,dogs, cats, birds, fish and rabbits. PET BOARDING SERVICE The provision of housing and care of a household pet in the absence of the owner for a period of 24 hours or more with the exception of veterinary hospitals,so long as the boarding area is in accordance with the applicable town, county and state regulations. PET GROOMING ESTABLISHMENT A building, or part thereof, or premises maintained for the purpose of offering bathing, clipping or combing of animals and for which a fee is charged. This definition includes facilities that offer self-service bathing or grooming. PET DAY-CARE Any premises, or part thereof, maintained for the purpose of providing socialization, training or housing, in the absence of the owner,for less than 24 hours for household pets owned by the general public for which a fee is charged. PET CARE FACILITY A facility that provides one or more household pet care services, including a pet grooming business, pet day-care, pet boarding service,obedience training, socialization and accessory retail sales of pet products. The breeding and/or sale of animals shall not be permitted in such a facility. Use of outdoor areas for the services provided must be supervised to prevent the occurrence of objectionable noise or other nuisances beyond the boundaries of the site on which it is located. All household pets must be controlled at all times to prevent their escape or trespass onto neighboring properties.Animal waste must be disposed of in a manner that will not pollute groundwater or cause odors to leave the premises, and in accordance with the applicable town, county and state regulations. Article VIII Residential Office(RO)District § 280-38 Use regulations In the Residential Office (RO)District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (3) The following uses are permitted uses subject to site plan approval by the Planning Board: (h)Day-Care Center Article IX Limited Business (LB)District § 280-41 Use regulations. In the LB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses.All permitted uses except single- family and owner-occupied two-family residences require site plan approval. (13)Day-Care Center Article X Hamlet Business (HB)District Updated: 8/19/2024 12:14 PM by Lynda Rudder Page 2 Resolution 2024-686 Board Meeting of July 30, 2024 § 280-45 Use regulations. In the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection (1), (2), (3) and(20) hereof, are subject to site plan approval by the Planning Board: (24) Day-Care Center Article XI General Business (B)District § 280-48 Use regulations. In the B District, no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1), (12) and(13)hereof, are subject to site plan approval by the Planning Board: (15)Day-Care Center (16)Pet Care Facility Article XXXIII Historic Preservation District(HPD) § 280-193 Use regulations In the HPD,no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. The following are permitted uses and, except for uses permitted under Subsection AA 11 gland (3)hereof, are subject to site plan approval by the Planning Board: (8)Day-Care fheilities Center III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Brian O. Mealy, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Doroski,Mealy, Smith,Krupski Jr,Doherty,Evans Updated: 8/19/2024 12:14 PM by Lynda Rudder Page 3 f RESOLUTION 2024-686 u` ADOPTED DOC ID: 20517 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2024-686 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 30,2024: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 30th day of July, 2024, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280 Zoning" and now therefor be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 8th day of October, 2024 at 4:30 PM., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 Zoning"reads as follows: LOCAL LAW NO. 2024 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 Zoning" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose -The purpose of this local law is to allow for Day Care and Pet Care Centers. II. Chapter 280 of the Code of the Town of Southold is hereby amended to include the underlined words and remove the struck through words as follows: Article I General Provisions 4 280-4 Definitions. B. Definitions and usages. Unless otherwise expressly stated,the following terms shall, for the purpose of this chapter,have the meanings as herein defined.Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). C14ILD CARE DAY-CARE,HOME A residential structure and property used principally as a residence,where child care is provided by the resident for a total of five or fewer children other than those of the caregiver. This use must be in accordance with the regulations governing home occupations in this Zoning Code. DAY-CARE CENTER Any premises or part thereof maintained for the care of six or more infants, toddlers or children, away from their own homes, for more than three hours but fewer than 24 hours per day per child in accordance with all applicable regulations. HOUSEHOLD PET Resolution 2024-686 Board Meeting of July 30, 2024 Any animal that has been bred or raised to live in the habitation of humans and is food and shelter dependent.Household pets include, but are not limited to,dogs, cats, birds, fish and rabbits. PET BOARDING SERVICE The provision of housing and care of a household pet in the absence of the owner for a period of 24 hours or more with the exception of veterinary hospitals,so long as the boarding area is in accordance with the applicable town, county and state regulations. PET GROOMING ESTABLISHMENT A building, or part thereof, or premises maintained for the purpose of offering bathing, clipping or combing of animals and for which a fee is charged. This definition includes facilities that offer self-service bathing or grooming. PET DAY-CARE Any premises, or part thereof,maintained for the purpose of providing socialization, training or housing, in the absence of the owner, for less than 24 hours for household pets owned by the general public for which a fee is charged. PET CARE FACILITY A facility that provides one or more household pet care services, including a pet miming business, pet day-care, pet boarding service,obedience training, socialization and accessory retail sales of pet products. The breeding and/or sale of animals shall not be permitted in such a facility. Use of outdoor areas for the services provided must be supervised to prevent the occurrence of objectionable noise or other nuisances beyond the boundaries of the site on which it is located. All household pets must be controlled at all times to prevent their escape or trespass onto neighboring properties.Animal waste must be disposed of in a manner that will not pollute groundwater or cause odors to leave the premises, and in accordance with the applicable town, county and state regulations. Article VIII Residential Office(RO)District § 280-38 Use regulations In the Residential Office (RO)District,no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (3) The following uses are permitted uses subject to site plan approval by the Planning Board: (h)Day-Care Center Article IX Limited Business (LB)District §280-41 Use regulations. In the LB District,no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses.All permitted uses except single- family and owner-occupied two-family residences require site plan approval. (13)Day-Care Center Article X Hamlet Business (HB) District Updated: 8/19/2024 12:14 PM by Lynda Rudder Page 2 Resolution 2024-686 Board Meeting of July 30,2024 § 280-45 Use regulations. In the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), (2), (3) and (20) hereof, are subject to site plan approval by the Planning Board: (24) Day-Care Center Article XI General Business (13)District § 280-48 Use regulations. In the B District, no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1), (12) and (13) hereof, are subject to site plan approval by the Planning Board: (15) Day-Care Center (16) Pet Care Facility Article XXXIII Historic Preservation District(HPD) § 280-193 Use regulations In the HPD, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. The following are permitted uses and, except for uses permitted under Subsection A(l),22and(3)hereof, are subject to site plan approval by the Planning Board: (8)Day-Care f4eilifies Center III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Brian O. Mealy, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Doroski,Mealy, Smith,Krupski Jr,Doherty, Evans Updated: 8/19/2024 12:14 PM by Lynda Rudder Page 3 1 i RESOLUTION 2024-686 ADOPTED DOC ID: 20517 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-686 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 30,2024: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 30th day of July, 2024, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280 Zoning" and now therefor be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 8th day of October, 2024 at 4:30 PM., at which time all interested persons will be given an opportunity to be heard. _ The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 Zoning"reads as follows: LOCAL LAW NO. 2024 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 Zoning" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose -The purpose of this local law is to allow for Day Care and Pet Care Centers. II. Chapter 280 of the Code of the Town of Southold is hereby amended to include the underlined words and remove the struck through words as follows: Article I General Provisions 280-4 Definitions. B. Definitions and usages. Unless otherwise expressly stated,the following terms shall, for the purpose of this chapter, have the meanings as herein defined.Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). CHILD CA DAY-CARE,HOME A residential structure and property used principally as a residence, where child care is provided by the resident for a total of five or fewer children other than those of the caregiver. This use must be in accordance with the regulations governing home occupations in this Zoning Code. DAY-CARE CENTER Any premises or part thereof maintained for the care of six or more infants, toddlers or children, away from their own homes, for more than three hours but fewer than 24 hours per day per child in accordance with all applicable regulations. HOUSEHOLD PET r Resolution 2024-686 Board Meeting of July 30, 2024 Any animal that has been bred or raised to live in the habitation of humans and is food and shelter dependent.Household pets include, but are not limited to, dogs, cats, birds, fish and rabbits. PET BOARDING SERVICE The provision of housing and care of a household pet in the absence of the owner for a period of 24 hours or more with the exception of veterinary hospitals,so long as the boarding area is in accordance with the applicable town, county and state regulations. PET GROOMING ESTABLISHMENT A building, or part thereof, or premises maintained for the purpose of offering bathing, clipping or combing of animals and for which a fee is charged. This definition includes facilities that offer self-service bathing or grooming. PET DAY-CARE Any premises, or part thereof, maintained for the purpose of providing socialization, training or housing, in the absence of the owner,for less than 24 hours for household pets owned by the general public for which a fee is charged. PET CARE FACILITY< A facility that provides one or more household pet care services, including a pet grooming business, pet day-care, pet boarding service,obedience training, socialization and accessory retail sales of pet products. The breeding and/or sale of animals shall not be permitted in such a facility.Use of outdoor areas for the services provided must be supervised to prevent the occurrence of objectionable noise or other nuisances beyond the boundaries of the site on which it is located. All household pets must be controlled at all times to prevent their escape or trespass onto neighboring properties.Animal waste must be disposed of in a manner that will not pollute groundwater or cause odors to leave the premises, and in accordance with the applicable town, county and state regulations. Article VIII Residential Office(RO)District § 280-38 Use regulations In the Residential Office (RO)District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (3) The following uses are permitted uses subject to site plan approval by the Planning Board: (h)Day-Care Center Article IX Limited Business (LB) District § 280-41 Use regulations. In the LB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses.All permitted uses except single- family and owner-occupied two-family residences require site plan approval. (13) Day-Care Center Article X Hamlet Business (HB) District Updated: 8/19/2024 12:14 PM by Lynda Rudder Page 2 f l T Resolution 2024-686 Board Meeting of July 30, 2024 § 280-45 Use regulations. In the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), (2), (3) and (20) hereof, are subject to site plan approval by the Planning Board: (24) Day-Care Center Article XI General Business (B)District § 280-48 Use regulations. In the B District, no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,for any uses except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1), (12) and(13)hereof, are subject to site plan approval by the Planning Board: (15) Day-Care Center (16) Pet Care Facility Article XXXIII Historic Preservation District(HPD) § 280-193 Use regulations In the HPD, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. The following are permitted uses and, except for uses permitted under Subsection A 1 ,Viand (3) hereof, are subject to site plan approval by the Planning Board: (8)Day-Care farilities-Center III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Brian O. Mealy, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Doroski,Mealy, Smith,Krupski Jr,Doherty, Evans Updated: 8/19/2024 12:14 PM by Lynda Rudder Page 3 MAILING ADDRESS: PLANNING BOARD MEMBERS OF so yo Southold,Box 1179 1971 DONALD J.WILCENSKI �� l� Chair OFFICE LOCATION: WILLIAM J.CREMERS N 4ftr Town Hall Annex PIERCE RAFFERTY G aQ 54375 State Route 25 JAMES H.RICH III �IiYCO ,� (cor.Main South d, NY Youngs Ave.) MARTIN H.SIDOR U Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Albert J. Krupski Jr.,Town Supervisor Members of the Town Board Denis Noncarrow, Town Clerk From: James H. Rich III, Chairman Members of the Planning Board Date: October 7, 2024 Re: Local Law entitled A Local Law in Relation to Amendments to Chapter 280 Zoning Day-Care Center, Pet Care Facility The Planning Board supports the proposed amendments. Day Care Center U.S. Census data indicates that, in a 2023 estimate, the population of Southold Town is 23,854 persons, and 3.1 percent or 729 persons are under 5 years old. Daycare centers are needed for working families; however, the Town Code does not include this use in the commercial zoning districts. As a result, there are few options for parents that need day care for their children. The proposed additions of the use to the Residential Office, Limited Business, Hamlet Business, and General Business zoning districts will provide the opportunity for the development of day care centers. Supporting our working families in this way is consistent with the Southold Town Comprehensive Plan's Economic Development Chapter goal to facilitate the growth of existing business sectors. Increasing day care options is one step towards ensuring there are available workers for local businesses. Pet Care Facility Southold Town Planning Board Page 2 October 7,2024 The demand for pet-related services has grown in recent years along with our population, yet there are limited options in our current zoning for this type of business. The proposed change to allow Pet Care Facilities in the General Business zoning district as a permitted use provides a service to the community, and greater economic opportunity to business owners. It may also operate year-round, providing much-needed year-round jobs. This code change is consistent with the Southold Town Comprehensive Plan's Economic Development Chapter goal to encourage new businesses. It is also consistent with the Community Character Chapter which calls for encouraging businesses that fit the character of the community. Pet care facilities provide a service business that is compatible with Southold's character as they are not expected to produce a lot of traffic, and provide a needed service to the community. The Planning Board appreciates the opportunity to comment on this local law. Please contact the department with any questions. cc. Paul DeChance, Town Attorney