HomeMy WebLinkAboutLocal Law Day-Care, Pet Care Facility 0"
OFFICE LOCATION: � ��®_` MAILING
p.0.BoADDRESS:
Town Hall Annex
54375 State Route 25 Southold, NY 11971
(cor. Main Rd. &Youngs Ave.)
Telephone: 631765-1938
Southold, NY 11971
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. 4-20081
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. 20-20171
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 1.5—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
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DENIS NONCARROW �� G.y Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
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REGISTRAR OF VITAL STATISTICS p .F Fax(631)765-6145
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER l .� Telephone 765-18
FREEDOM OF INFORMATION OFFICER www southoldtldtownny.gov
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
Mi
RECEIVED
Mark Terry, LWRP Coordinator AUG 0 7 2024
Southold Town Planning Department
54375 State Route 25 Southold Town
Post Office Box 1179 Planning Board
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
C 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,
kyd
Y►�M Rudder
Southold Deputy Town Clerk
Enc
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 fees to be determined by Town Board
resolution.
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 CENTER
Any premises or part thereof maintained for the care of infants, toddlers and 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.
Resolution 2024-686 Board Meeting of July 30, 2024
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: 7/30/2024 1:11 PM by Lynda Rudder Page 2
Resolution 2024-686 Board Meeting of July 30, 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
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: 7/30/2024 1:11 PM by Lynda Rudder Page 3