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Home My WebLink AboutOutdoor Sale or Display 1995,NIDII'IJ T. TERRY TO~rN CLERK REGISTRAR OF VITAl, STATISTICS MARRIAGE OFFICER RECORDS MANAGEiViENT OFFICER FREEDOM OF INFORMATION OiTFICER Town Hall, 53095 Main Read P.O. Box 1179 Southold, New York 11971 Fax (516) 765-t823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 17, 1995 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted herewith is a proposed Local Law entitled, "A Local Law in Relation Outdoor Sale or Display". Please prepare an official report defining the Planning Board's recommendations with relation to this proposed Local Law and forward same to me. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Attachment cc: Board of Appeals JUDITH T. TEP. EY TOWN CLERK REGISTRAR OF %TTAL STATISTICS MARRIAGE OFFICER RECORDS Ag-ANAGEMENT OFFICER FP. EEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON NOVEMBER lq, 1995: RESOLVED that pursuant to 'Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter 4~, of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, in conducting an uncoordinated review of this unlisted action, has determined that there will be no significant effect on the environment. DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Outdoor Sale or Display", which amends Chapter 100 (Zoning) of the Cod~ of the Town of Southold to provide uniformity in provisions regarding out door sales in all zones. The proposal has been determined not to have a significant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the proposal be implemented as planned. Southold Town Clerk November 15. 1995 JUDITH T. TEILRY TOWN CLERK REGISTRAR OF ~TAL STATISTICS MARRIAGE OFFICER. RECORDS MANAGEMENT OFFICER FREEDOM OF INFORkLATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southo]d, New York 11971 Fax (516) 765-1823 Te]epllone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CER':rlFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT' A REGULAR MEETING HELD ON NOVEMBER 14. 1995: WHEREAS, there was presented to the Town Board of the Town of Southo[d, on the 14th day of November, 1995, a Local Law entitled, "A Local Law in Relation to Outdoor Sale or Display"; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is directed to transmit this proposed Local Law to the Southold Town Planning Board and the Suffolk County Department of Planning, all in accordance with .the Southold Town Code and the Suffolk County' Charter. This Local Law reads as follows: LOCAL LAW NO. - 1995 A Local Law in Relation to Outdoor Sale or Display INTENT - To provide uniformity in provisions reaarding outdoor sales in ali zones. BE IT ENACTED, by the Town Board of the Town of Southold as follows: Chapter 100 (Zoning) of the Cod'e of the Town of Southold is hereby amended as follows: 1. Section 100-93 (Uses confined to enclosed buildings) is hereby deleted as follows: A~Puses-pormitted in the HB District, including tho 'display and sale eCmeFchandisc and [ho storage of all property, .except living plants, shrubs and trees, shall be confined to fully enclosed buildings on the promises. 2. Section 100-239.6 is hereby added as follows: Outdoor sale or display. There shall be no outdoor sale or display of goods unless such activity is an extension of the retail business operatinq on site. The storaqe or display of c~oods shall not interfere with public access or egress and ma,/not restrict the public riqht-of-wav or be placed in the land- scape buffer areas. II. This Local Law shall take effect upon filing with the Secretary of Slate. * Underline represents additions Strikethrough represents deletions Southold Town Clerk November 15, 1995 LAURY L. DOWD Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD THOMAS H. WICKHAM Supervisor Town Hall, 53095 Main Road P.O. Box 1179 $outhold. New York 11971 Telephone (5 161 765-1889 Fax (516) 765-1823 MEMORANDUM TO: FROM: RE: DATE: TOWN BOARD TOWN ATTORNEY OUTDOOR SALES NOVEMBER 8, 1995 The Code Committee discussed the issue of outdoor sales while it was considering the flea market ordinance. The commonly expressed view was part of the ambiance of the community was that businesses could display and sell goods outdoors. However, it was suggested that the display should not be placed too near the road or otherwise interfere with foot traffic. I agreed to try to draft an ordinance along these guidelines. The attached ordinance attempts to do this on a town-wide basis. It would loosen restrictions in hamlet business zones, where outdoor displays are currently prohibited. It would tighten restrictions in other zones where businesses are displaying their wares in the landscape buffer zones along the road. You may wish to refer this to the Code Committee for further review, though since it has already been discussed somewhat in committee, you may wish to act on it now. LOCAL LAW NO. , 1995 A Local Law in Relation to Outdoor Sale or Display INTENT - To provide uniformity in provisions reqardin.q outdoor sales in all zones. BE I'r ENACTED, by the Town Board of the Town of Southold as follows: Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-93 (Uses confined to enclosed buildings) is hereby deleted as A~use~m~tted in tho HB District, inclu~ng thc display and sale ofmcrchandisc and tho storage of a!!-creper~, except living plants, shrubs and trees, shall be confined to fully onclosed buildings eR-the premises. 2 Section 100-239.6 is hereby added'as follows: Outdoor sale or display. There shall be no outdoor sale or display of .qoods unless such activity is an extension,of the retail business operating on site. The storable or display of qoods shall not interfere with oublic access or e.qress and may not restrict the public ri.qht-of-way or be placed in the land- scape buffer areas. II. This Local Law shall take. effect upon filing with the Secretary of State. Underline represents additions Strikethrough represents deletions PROJECT I.D. NUMBER ~T 617.21 SEQR ' / Appendix C · = State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPL]CANTISPONSOR' 2. PROJECT NAME A Local Law in Relation to TOWN OF SOUTHOLD Ob. tdoor Sales or Display 3. PROJECT LOCATION: Municipality Town of Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, ~tc., or brovide map) Entire Town of Southold 5. IS PROPOSED ACTION: [] New [] Expansion 6. DESCRIBE PROJECT BRIEFLY: Amends Chapter of goods. [] Modification/alt oration 100 (Zoning) by adding provisions for outdoor sale or display 7. AMOUNT OF t.AND AFFECTED: N/A Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly WHAT IS PRESENT LAND USS IN VICINITY OF PROJECT? [] Residential [] !ndustrial [] Commercial [] Agriculture [] P~rk/ForesUOpen space [] Other Describe: N/A lO_ DOES ACTION INVOLVE A PERMIT APPROVAL~ OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY IFEDERAL~ STATE OR LOCAL)? [] Yes [] No If yes, list agency(sI and bermit/~pprovals 11 _ DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~Yes [] ~qo ~f yes, fist agency name and permitJappreval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes ' ~'.o /~ I CE/~r~FY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF~MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II--ENVIRONMENTAL ASeESSMENT (To be completed by Agency) .~ A. DOES ACTION EXCEED ANY TYPL .HRESHOLD iN 6 NYCRR. PART 617.127 If yes1 CC. ~lnate the review process and use the FULL EAF. S. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART S17.67 ;f No, A negst[ve declaration may be superseded by another invoIveO agency. ~Y.s F~No C. COULD ACTION RESULT IN ANY ADVERSE EFFEb~FS ASSOCIATED WITH THE FOLLOWING: IADSWeFS may be bandwd~en, i~ leglblel NO C2. Aesthetic, ~gricultoral, ~rchaeoJog~cal, ~istoric, or other natural or cultural resources; or community or neighbor~od chAracte~ ~pl~in brlefl~ NO C3. VegetAtion or fauna, fish, sheUfish or wiidlife species, significant habitats, or threatened or endangered species? E.xpiain briefly: NO C4. A community's existing plans or goals as officially adopted, or a change in use or' intensity et use o~ land or other natural resources? Explain briefly. NO C5. Growth, subsequent development, or related aclivities likely to be induced by the proposed action? Explain briefly. NO C6. Long term, shor~ term, cumulative, or other effects not identi[ied in Cl-C57 Explain brie[ly NO C7. Other impacts (including changes ir[ use of either quantity or type of energy)? ~xplain briefly. NO o. is THERE, OR IS THERE LIKELY TO BE. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL iMPACTS? ~ Yes [] No If Yes, explain brie[ly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse efi:ect identffied ~bove, determine whether it is substantial, ~arge, important or otherwise significant. Each effect should be assessed in connection with its (a,) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) [rreversibility; (et geographic scope: end ([) magnitude_ If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that sll relevant adverse impacts have been identified and adequately addressed_ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly ~o the FULL EAF and/or prepare a positive declaration. Check ~his box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide ~/~ attachments as necessary, the reasons supporting this determ~ination: I/ ' // ,,, C, nu_thnld Tqwn ~oard // ,Name or Lead Agency . / Thomas Wick~a~////~ Supervisor ' [ ~' .~,*'t~L~ '~-er ~/~/f ' ~"~' $i na ..... t Pre .... Ill different rrom re~ onsi~le officer) November 14. 1995