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HomeMy WebLinkAboutTB-10/04/2005-S ELIZABETH NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765-1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD SPECIAL MEETING October 4, 2005 2:00 PM A Special Meeting of the Southold Town Board was held Tuesday, October 4, 2005 at the Meeting Hall, Southold, NY. Supervisor Horton opened the meeting at 2:00 PM with the Pledge of Allegiance to the Flag. Attendee Name Organization Title Status Arrived William P. Edwards Town of Southold Councilman Present 2:00 PM Daniel C. Ross Town of Southold Councilman Present 2:00 PM Thomas H. Wickham Town of Southold Councilman Present 2:00 PM John M. Romanelli Town of Southold Councilman Present 2:00 PM Louisa P. Evans Town of Southold Justice Absent 2:00 PM Joshua Y. Horton Town of Southold Supervisor Present 2:00 PM Elizabeth A. Neville Town of Southold Town Clerk Present 2:00 PM Patricia A. Finnegan Town of Southold Town Attorney Present 2:00 PM Statements SUPERVISOR HORTON: Good afternoon and welcome to the October 4th Special Meeting and Public Hearing of the Southold Town Board. Please rise and join with me in the Pledge of Allegiance. Today the Town Board has gathered for this special meeting and public hearing on an issue that I believe unites this community and we look forward to taking public comment on the proposed moratorium. Prior to recessing for purposes of than the public hearing, just to spell out the rules which are very straight forward and I have gotten good actually at spelling them out over the past couple of years. When you address the Town Board we ask that you do so from one of the two microphones located at the front of the room and that you state your name and address so we can have that as part of our public record. Town Attorney Finnegan, if you would read the public notice please. NOTICE IS HEREBY GIVEN TOWN ATTORNEY FINNEGAN: there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 19th day of Temporary Moratorium on the Processing, Review September, 2005, a Local Law entitled, “ of, and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold” ; AND Page 1 October 4, 2005 Town of Southold Board Meeting 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 the Southold Town Hall, 53095 Main Road, 4th October 20052:00p.m. Southold, New York, on the day of at at which time all interested persons will be given an opportunity to be heard. Temporary Moratorium on the Processing, Review of, and The proposed local law entitled, “ making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold ” reads as follows: LOCAL LAW NO. _______ 2005 Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1. PURPOSE AND INTENT The Town Board is considering the important recommendations of the recently adopted Hamlet Study and the Planning Board, but is faced at the same time with pending and proposed applications for development of retail, formula, and “big box” type development which could be detrimental to the character and sustainability of the hamlet centers. The Town Board recognizes that the existing Zoning Code is inadequate to deal with these chain and large-scale businesses that have been and will, in the near future, be proposed. The size and population of the Town, the scale of its existing buildings, the traffic and transportation issues facing the hamlets, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that retail and commercial limits should be established to sustain the hamlets. Regulation on the size, location and appearance of large chain retail businesses is necessary to address the problems these businesses create. It is critical that the issues be handled in a comprehensive manner, crucial legislative decisions made and those decisions implemented. The Town Planning Board and Planning Department are currently working with the Town Attorney to review the retail uses, sizes, and locations to update and create new legislation that will comprehensively meet the long-range goals of the Town. The Town Board finds that it is reasonable and in the public interest to temporarily suspend the application process for larger retail stores so that it has adequate time to examine, assess and address these uses that would otherwise be detrimental to the community. For the reasons stated above and to permit the Town Board to decide on and enact needed legislation, this moratorium is necessary. Section 2. ENACTMENT OF TEMPORARY MORATORIUM For a period of Ninety (90) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the Ninety (90) Day period: 1) the Planning Board shall not accept for review, continue review, hold a hearing Page 2 October 4, 2005 Town of Southold Board Meeting or make any decision upon any application for a site plan containing a RETAIL STORE over 3000 square feet, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §100-13 of the Code of the Town of Southold. 2) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special exception use permit containing a RETAIL STORE over 3000 square feet, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-b and Chapter 100 of the Southold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §100-13 of the Code of the Town of Southold. Section 3. APPLICATION This local law shall apply to ALL [new or pending] applications for site plans or special exception use permits for RETAIL STORES over 3000 square feet in the Town of Southold. Section 4. EXCLUSIONS This Local Law shall not apply to: 1) Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date of this local law; 2) Additions to existing retail stores provided said addition will not result in a cumulative floor area of said business in excess of 3000 square feet, and further provided such addition to retail store does not include a drive-through component; 3) Wineries; 4) Agricultural operations and accessory uses thereto. Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provision of New York State Town Law, this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town’s municipal home rule powers, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supersede any inconsistent authority. In particular, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law § 274-a, §274-b and the provisions and requirements set forth in Chapter 100 of the Southold Town Code, which require that the Page 3 October 4, 2005 Town of Southold Board Meeting Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon applications for site plans and special exception use permits within specified time periods, this local law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of the Town of Southold, or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with copies of the site development plan and any related information required in accordance with the procedures set forth in Chapter 100 of the Southold Town Code. c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board. The Town Board may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board Section 7. 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 effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 8. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. There is an affidavit here that indicates that the law was posted on the Town Clerk’s bulletin board and appeared in the local newspaper as a legal. There are comments from the Planning Board, here received, dated September 30, 2005, from Jerilyn Woodhouse, Chair. It reads: “The Planning Board does not have any comments and supports the action as proposed.” There is also a comment from the Suffolk County Department of Planning, Andrew Freleng, Chief Planner, dated September 27, 2005. “Dear Ms. Neville, Pursuant to the requirements of Section A1414 to 23 of the Suffolk County Administrative Code, the above referenced application which has been Page 4 October 4, 2005 Town of Southold Board Meeting submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant countywide or intercommunity impact. A decision of local determination should not be construed as either an approval or disapproval.” And there are no other comments in the file. I will note also that the law was forwarded to the clerks of the neighboring municipalities as well. SUPERVISOR HORTON: Thank you very much. At this point I open the floor to the public to receive public comment on this specific item before us, which is moratorium on the matters described in the legislative intent. Yes, Ms. Conway. MARGARET CONWAY: My name is Margaret Conway, I live at 6005 Horton’s Lane, Southold. We the Southold Hamlet Business community request that the Southold Town Board receive the signatures of these loyal and true Southold citizens who are vehemently opposed to our Town being overrun by big box chain stores or fast food restaurants. Our customers and we believe that these types of businesses will destroy our small town environment and devastate our small business community, permanently changing Southold for the worse as has happened in so many other communities on Long Island. We want to protect the rural character of our town for the sake of our economy and our quality of life. To these ends, we hope the Board will consider the appropriate means necessary to protect our town without hurting our local business community. Thank you and there are approximately 900 signatures. SUPERVISOR HORTON: Thank you very much. Thank you, Ms. Conway. These signatures and the comments will be incorporated into the record. Thank you very much. Would anyone else care to address the Board? Yes. DICK MARSCHEAN: Dick Marschean, Southold. Where is the (inaudible) 3,000 square feet come from? SUPERVISOR HORTON: Three thousand square feet was a number derived out of conference with the Planning Department and the Building Department, after having reviewed the number of properties in the Town of Southold as it pertains to retail space that I think can be loosely defined as local retail operators. MR. MARSCHEAN: Suppose we have a commercial entity, with a box store that comes in at 2,999, what do we do then? SUPERVISOR HORTON: The number 3,000 was determined, you know, looked at by the legal department, Planning Department and the Building Department and it was determined that in their estimation anything less than 3,000 square feet just simply wouldn’t suffice for that type of operation. MR. MARSCHEAN: You know these people have a battery of lawyers and they will seize any opportunity to get around whatever you pitch. So why don’t you just leave it open (inaudible) so therefore you don’t leave yourself open to any particular unscrupulous lawyer or his entity. Page 5 October 4, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: Okay. You are looking for, are you making comments or is this question and answer? MR. MARSCHEAN: No, I just want to know, why don’t you leave it open? SUPERVISOR HORTON: Okay. MR. MARSCHEAN: In other words, why 3,000? Also at the same time, if you could answer for me, Mr. Wickham, what does the present code state with regards to square feet? SUPERVISOR HORTON: The present code, it would actually more, that would depend on the zoning district. That would depend if it was hamlet business or business… MR. MARSCHEAN: What (inaudible) SUPERVISOR HORTON: …square footage. It depends. It is lot coverage. Hamlet business, I believe, is, is it one acre or 120,000 square foot? COUNCILMAN ROMANELLI: Yeah, I am not quite sure what it is for business but it is (inaudible) lot coverage, the way the rest of the code works. So if you have a big enough piece, you could put a big enough building. If you have a small piece… MR. MARSCHEAN: So, therefore you could have more than 3,000 square feet per the town code? SUPERVISOR HORTON: Yes. MR. MARSCHEAN: So why limit ourselves on the moratorium to something that we already have? SUPERVISOR HORTON: I am not sure I follow your questions. MR. MARSCHEAN: Well, (inaudible) you can put more than 3,000 in the present code. Why are you people seizing on 3,000 square feet as being the so-called backbone of this particular law? SUPERVISOR HORTON: Three thousand square feet was a number derived, you know, after review of let’s say, a number of pharmacies in town. Three thousand square feet was a number… MR. MARSCHEAN: Inaudible SUPERVISOR HORTON: ….I am, you know, I am talking retail operations that are… MR. MARSCHEAN: Yeah, I know. (inaudible) The present thing that we, the reason this Page 6 October 4, 2005 Town of Southold Board Meeting whole thing is being proposed today is because and I am going to be very frank, you in the Town Board have been very derelict because of the fact that if you had this law in effect, you wouldn’t have the CVS in Mattituck. SUPERVISOR HORTON: Okay. We respect that but, well, Mr. Marschean, the comments for today’s purpose and your criticisms are all fair and fine but as far as the public hearing is concerned, this is about whether to enact a moratorium on this matter or not. So, your question, your recommendation as I understand it is… MR. MARSCHEAN: Strike the 3,000. SUPERVISOR HORTON: …strike the 3,000. Okay. MR. MARSCHEAN: So, you agree? COUNCILMAN WICKHAM: May I respond to that? We think, we have prepared this moratorium because we think a 3,000 square foot limit will give us the breathing space to put in place legislation that will control the types of stores that you are concerned about. The types of legislation that will come out of this might very well follow your recommendations. Three thousand may very well not ever be in that legislation but for the purposes of the moratorium, we think that this will give us the breathing space that we need. MR. MARSCHEAN: Yeah but that is your thing. COUNCILMAN WICKHAM: That is my opinion, that is right. MR. MARSCHEAN: That is your thing. The thing is, we have people out there, you know, these big box stores have stairs, they have lawyers within their company, they have lawyers on call and these guys will seize any opportunity. In fact, you only, the fact that you go to the second page here, you mention under the appeals procedures, the thing is that you mention here that the, that while the purpose and intent in the third paragraph on the second page, you mention that during the interim the Town Planning Board and Planning Department are currently working with the Town Attorney to review the retail uses, sizes and locations to update and create new legislation. So you are already negating the fact that you don’t even know whether 3,000 is the right number, as you just stated, Mr. Wickham. SUPERVISOR HORTON: No, we are not negating anything, Mr. Marschean. I mean, Mr. Marschean…. MR. MARSCHEAN: Well, you have got to have a study going on. SUPERVISOR HORTON: …it is clear that your recommendation is to be silent on the square footage. We know that. It is part of the public record. The 3,000 square foot is not necessarily what the, any legislative act is going to be married to. Three thousand square feet is A). a small structure for any commercial entity and we looked at, we used that number as, you know, we Page 7 October 4, 2005 Town of Southold Board Meeting thought it was small enough to discourage or to cast a net over any type of box store development or chain that we are trying, that we are working toward preventing. So… MR. MARSCHEAN: Alright. Tell me what the purpose of the third paragraph on purpose and intent is if you are going to have the Town Planning Board and Planning Departments review all of this. Are you going to do this within the ninety days? SUPERVISOR HORTON: Yes. MR. MARSCHEAN: This says within 90 days, this law is null and void. SUPERVISOR HORTON: Yes. We expect to have legislation passed within 90 days. MR. MARSCHEAN: (Inaudible) as Mr. Wickham said, greater than 3,000? SUPERVISOR HORTON: Yes. MR. MARSCHEAN: Or less. SUPERVISOR HORTON: Or less, exactly. Or it may not even be tied to a square footage. It may reflect more upon uses. MR. MARSCHEAN: So that is the original reason of my question. Why leave yourself open to something that may bite you someplace, and you know what I am talking about, why don’t you just leave it out? Strike it. And you don’t have any lawyer… SUPERVISOR HORTON: Because we didn’t want, there are, it is quite possible that there are some smaller mom and pop retail stores that may, you know, do work or expansion and… MR. MARSCHEAN: Yeah, but we are not worried about them because we like them… SUPERVISOR HORTON: Right, but we didn’t want to hang them up in a moratorium, is our point. And that is why we figured 3,000 square feet after… MR. MARSCHEAN: (Inaudible) SUPERVISOR HORTON: But the point is, if they are larger than, if they are 3,000 square feet or below, they can proceed and we want the small business to be able to proceed. That is the whole point of this. COUNCILMAN WICKHAM: Could I…. SUPERVISOR HORTON: I don’t think it is necessary. Okay. MR. MARSCHEAN: Alright. I have another question. The enactment of the temporary Page 8 October 4, 2005 Town of Southold Board Meeting moratorium, you again have the 3,000 square feet all over this piece of paper. Strike that. What about the Architectural Review Board, they don’t have a function anymore? SUPERVISOR HORTON: They do have a function. MR. MARSCHEAN: Then how come they are not listed along with the Planning Board… SUPERVISOR HORTON: Because if you can’t get to the Planning Board, you can’t get to the ARC. MR. MARSCHEAN: Okay. Alright. Alright. Let me keep going. I went through this thing. Exclusions. Here is where you leave yourself open. Site plans, which final or conditional final approval was granted by the Planning Board prior to the effective date of this law; why don’t you just put after approval of any retail space? Because you are not spelling out. This whole purpose of this thing is retail space… SUPERVISOR HORTON: Okay. MR. MARSCHEAN: …without regard to square feet right now. So why don’t you just put retail space? Any retail space, anything that is going on presently right now, any retail space. SUPERVISOR HORTON: Okay. MR. MARSCHEAN: Because you are not talking about homeowners, right? SUPERVISOR HORTON: No. MR. MARSCHEAN: You are talking about retail, that is all you are talking about, retail, right? SUPERVISOR HORTON: Okay. Your next point. MR. MARSCHEAN: So, after approval, why don’t you put any retail space? SUPERVISOR HORTON: Okay. I think it is inconsequential but… MR. MARSCHEAN: No. It makes it perfectly clear. SUPERVISOR HORTON: Okay. MR. MARSCHEAN: Alright, again in the second section on 3,000 square feet, I think it should be stricken. Alright, the conflict with state statutes and authority to supersede, New York State Town Law (inaudible) check to make sure that the Home Rule supersedes, I assume that the attorney has checked that the Home Rule supersedes New York State Town Law. Is that correct? Page 9 October 4, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: It always does, unless it comes to purposes of funding and taxing. Then the state seems to supersede all. MR. MARSCHEAN: I am thinking there are real smart ass lawyers way out there someplace that’s (inaudible) right now. SUPERVISOR HORTON: We worked on this, actually, with the Department of State. Very closely. MR. MARSCHEAN: Now, the next page. You have got a section here which god almighty, I don’t know who the hell wrote this but it doesn’t make any sense at all. The thing is, in the second paragraph you are saying here that there is a, the, the extent of any, degree of any (inaudible) which require that the Planning Board or the Zoning Board of Appeals during this 90 day period these guys have to process, review, hold hearings on and act upon this local law and I think you should say this local law so we know what we are talking about, suspends and stays; now what’s ‘stays’ mean? What is the period of time here for stays? COUNCILMAN WICKHAM: The period of time… MR. MARSCHEAN: Are they going to be a 90 day limit? SUPERVISOR HORTON: No, it stays… MR. MARSCHEAN: Because if they don’t (inaudible) within the 90 day limit, we are back to the present law. SUPERVISOR HORTON: It stays for the period of the moratorium. MR. MARSCHEAN: Well, why don’t you write that then, in plain English? SUPERVISOR HORTON: Okay. MR. MARSCHEAN: Because (inaudible) of the running time, I mean, we are not all that (inaudible) alright, so then it rambles on, it says, for processing, review, holding hearings or making decisions and taking actions on such applications provided for in those laws, which I don’t know what you are referring to, and is intended to supersede and amend any said inconsistent authority. What does that all mean? It doesn’t mean anything, you can probably just strike that all out. It doesn’t add anything to the paragraph. The whole purpose of this paragraph is to make sure that the Planning Board and the Zoning Board stay within the 90 day time limit, write it. Get rid of all the gooblydegook. SUPERVISOR HORTON: Okay. MR. MARSCHEAN: Alright? Just so you don’t think I am picking on lawyers, I have a daughter that is a lawyer. Alright, now the appeals procedures, now this is another one which is Page 10 October 4, 2005 Town of Southold Board Meeting really wild. And in the first paragraph, we are now talking about after we have this law, we are now talking upon that the Town Board will have the option here of, in its discretion, to require a variance or a waiver. Okay? So the thing is right away now where you are thinking about waivering this law that we now have in effect for 90 days and then the next sentence actually negates the first sentence because it says to grant such requests the Town Board must first find that the variance or waiver will not, and you should underline not, adversely affect the purpose of this local law. It negates the first sentence, so you can’t have a waiver. Why don’t you just get rid of this… SUPERVISOR HORTON: It doesn’t negate the first sentence… MR. MARSCHEAN: Yes, it does. SUPERVISOR HORTON: and…alright. It doesn’t. But continue on with your comments. MR. MARSCHEAN: Alright, so the thing is, if you are going to grant the waiver then you are going to have to test it to see that it doesn’t interfere with the purpose of the law. I think you should decide first before you grant the waiver and if you know that it is going to interfere with the law, then there is no waiver. SUPERVISOR HORTON: Okay. MR. MARSCHEAN: So that is my position. That whole paragraph should be stricken. Alright, then the last paragraph c., that is back to these famous words that lawyers like to get around, the last sentence, the application and recommendation (inaudible) shall be transmitted to the Town Board. The Town Board may, may not shall, may conduct a public hearing… SUPERVISOR HORTON: That is correct. That word was chosen precisely and carefully. May, exactly. At the Town Board’s discretion. Well, you don’t have to like that. It is the Town Board’s discretion. MR. MARSCHEAN: Yeah, I know. Hey, we are the people here. We elected you to office. SUPERVISOR HORTON: Exactly. MR. MARSCHEAN: For you to use your own discretion and I don’t like what you are doing, I would rather have you have the word ‘shall’ conduct a public hearing and make a final decision on the application, with or without conditions. And then it says final approval is reserved to the absolute legislative discretion of the Board. So this means that after all is said and done, you people may decide that the word ‘may’ not to come back to us people sitting here in the audience. SUPERVISOR HORTON: No, this is for the applicant. If somebody…. MR. MARSCHEAN: I know. Page 11 October 4, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: …if somebody is seeking relief from the moratorium… MR. MARSCHEAN: You guys are the ones that are going to decide if you have a public hearing or not… SUPERVISOR HORTON: No, no, no. MR. MARSCHEAN: That is what it says here. SUPERVISOR HORTON: It is what it says. MR. MARSCHEAN: The Town Board may conduct a public hearing. SUPERVISOR HORTON: Exactly. Exactly. But without a public hearing, you can’t grant relief. So if you don’t grant a public hearing, that applicant is not getting relief. So we have the discretion to move the process forward or not. For that applicant. MR. MARSCHEAN: I don’t agree with you. All I can say is, I just went through this in 10 minutes before and I don’t consider this a good piece of legislation, the moratorium. SUPERVISOR HORTON: Okay. Thank you. Would anyone else care to address the Board? Yes, Mr. May. JOHN MAY: John May, I live on Town Harbor Lane in Southold. And I would like to speak in favor of the moratorium. I was a member of the hamlet study group, our Chair is here and she is going to address you also, and I really want to support Tom Wickham’s comments 100 percent. And that is, the moratorium is fine, it buys you time and that is all it says. When you get to consider the legislation, I would like to put forth the point of view that only the size is only one of the factors many people, most people object to. The local ownership versus remote ownership is very important because the people who own and run stores in Southold have a part in the community, they contribute to our charities. The money that they make stays here. I think that’s important. I think design is important. I think these remotely owned chain stores all look the same and that is not good for Southold. And I think that there are lots of other factors. I was encouraged and I believe, Tom, that is what you indicated when you said that you were looking at all this, I just want to encourage you that when you look at the legislation, to consider more than, consider all these factors. SUPERVISOR HORTON: Right. MR. MAY: I was encouraged and sure everybody saw it, by the Newsday article that said that town’s across the country have prohibited formula, chain stores. I wasn’t sure whether it was possible, constitutionally to prohibit (inaudible) whether privately owned (inaudible) but evidently it is and they mention that communities in California, Washington, New York, Florida, Rhode Island and Maine have passed similar legislation against chain stores. They did mention Page 12 October 4, 2005 Town of Southold Board Meeting that Port Jefferson village, which leads me to think it might be possible in New York State. So, I would only just ask which I think you are planning to do anyway, to see what is possible legally to prohibit these stores without being arbitrary and prohibiting one individual from owning a store and not another. SUPERVISOR HORTON: Right. MR. MAY: I am sure you are going to do that. If you do that now (inaudible). Thank you. SUPERVISOR HORTON: Thank you, Mr. May. Yes, Mr. Wills. FRANK WILLS: Good afternoon, Frank Wills, Mattituck. I would like to go back in history a little bit and review CVS and their philosophy and their way of doing business. SUPERVISOR HORTON: Mr. Wills? If we may, for the record, this is about the moratorium. MR. WILLS: This is about the moratorium and the effects and the fact that the moratorium is a great idea but it is too late. CVS and a Canadian company bought Eckerd from JC Penney because CVS has 5,000 stores, most of them in the northeast, there was concern about anti-trust and monopoly considerations. So the Canadian company took over Eckerd. A month later or two months later, CVS applied, got permission and started building a store, what, 300 feet away from Eckerd? That is the kind of people they are. Now they are trying to apply in Southold. I approve and recommend the moratorium but I think its time is past time. Where this town, especially the Board, should wake up. If you look west to Riverhead, go back 10 years and look at 58, and look what it looks like now. And you knew it was coming but never did anything about it. So, as I said, the moratorium might be a good idea but you are ignoring not only the supersize stores but also the implication of tremendous growth, increased population, and (inaudible). It is like Katrina, there were warnings ahead of time but most of the people, especially in government, ignored them. Wake up. Thank you. SUPERVISOR HORTON: Thank you. Just for the record, one point I definitely want to make clear and this pertains to administrations over the past ten years, Route 58, Riverhead legally cannot happen in the Town of Southold, as it is. I think the Town of Southold, planning wise, while there has been quite a bit of controversy over the years as it pertains to you know, zoning and business uses and where things should be, the Town has been diligent. Because what has taken place on Route 58 in Riverhead, just simply can’t if you look at our zoning code, simply cannot happen in the Town of Southold, where we are is a much better position than Riverhead. We are at a point of refining and strengthening our hamlet centers and protecting the small businesses that make our town so great and so strong. Would anyone else care to address the Board on this moratorium? Yes, sir and then I will get you, Mrs. Wiseman. JAMES DEBRUIN: My name is DeBruin, I live in Southold. I have two questions of you. The first is, can you tell me the size of the CVS store, square feet, in Mattituck? And secondarily, do you know the largest retail store that exists in the Town of Southold today? The area of it? Page 13 October 4, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: The CVS, I believe, in Mattituck is 10,000 square feet, if I am not mistaken. So I would say that is, it is11,000 square feet. It is difficult to say what the largest retail store is because you have places like Mattituck shopping plaza or the Southold Commons which have a number of, you know, one building with a number of stores in them. MR. DEBRUIN: The reason I ask the question is because I think that ultimately you would have some moral ground to stand on to say we don’t want a store 30,000 square feet or 50,000 or some very large number… SUPERVISOR HORTON: We already don’t allow that. MR. DEBRUIN: You do have it? SUPERVISOR HORTON: We already don’t allow stores that large. TOWN ATTORNEY FINNEGAN: No. We don’t have that. SUPERVISOR HORTON: In the hamlet. TOWN ATTORNEY FINNEGAN: Oh, in the hamlet. MR. DEBRUIN: I can’t see that you could ever deny an applicant simply because they are owned (inaudible). SUPERVISOR HORTON: Right. MR. DEBRUIN: They are international, but anyhow, this is America. We can do with it what we want within the boundaries of the law. But if you are trying to preserve a community or some aspect or a facet of a community, I can see where you don’t want a 30,000 square foot retail store in town. In which case, define it in those terms. But make sure that it doesn’t conflict with some Feather Hill or a mall or some other provision that you already have, so that a CVS can say, we are a drug store, we are a supermarket, we are this and that. Several different types of operations and simply divide their operations into elements and get individual applications for each one. Thank you. SUPERVISOR HORTON: Thank you for your point, sir. Are there other…. Yes, Ms. Weisman. LESLIE WEISMAN: I am Leslie Weisman, the Chairperson of the Southold Town Stakeholders Committee and I am here today for a couple of reasons. The first is to add my voice, along with the 16 other voices that belong to the 17 members of the Southold Hamlet Stakeholders Committee in support of the 900 voices that Ms. Conway has presented to you; that support not only our local businesses but the entire quality of life that we all enjoy here. I want to enter into the record, I know all of you are very well aware of everything that is in the hamlet report and that it has been adopted and that it is being taken very seriously. It has been already quoted by the Planning Department staff in part for both justification and in terms of language for the draft Page 14 October 4, 2005 Town of Southold Board Meeting legislation that is before you. But since these documents are not widely known by the public, I would just like to enter into the record a very brief couple of paragraphs from that part of the study that is pertinent, so that our community understands that that piece of participatory democracy that this Town Board initiated with Cleary Consultants, a professional planner, to develop what will eventually become a comprehensive plan for our town’s future. Not piecemeal, myopic legislation; based upon the fact that because of that historic myopia we have been blindsided more often than we care to remember, by CVS and McDonalds and other entities that have absolutely no concern with our community. Their concern is with corporate greed. So, let me read to you what your neighbors who are on that committee had to say about that subject. “Southold’s quality of life, central business district and location were viewed as its primary strengths. Farmlands and open spaces, the hamlets quaint and charming character, walkability, diverse shops with local owners are examples of elements to be preserved. Larger scale commercial development is clearly inconsistent with the hamlet centers character. Large scale in this context not only refers to the square footage of a given facility but also to the intensity of use, the volume of traffic generated, the nature of the intended market, i.e. targeting a larger market and not simply the hamlet itself, the extent of site improvements-like off-street parking lots or sewage disposal systems, etc. A strength of Southold hamlet center are its local entrepreneurs. These individuals have a commitment not only to the success of their individual business enterprise but to the collective success of the hamlet center and the North Fork as a whole. Should the face of Southold’s merchants change from local neighbors to inter- changeable, nondescript chain store managers, then the heart and soul of the hamlet will suffer. This policy is not intended to be discriminatory but rather to reflect the desired character characterized by the local, small scale nature of the existing hamlet center. Permitted uses should accommodate businesses that support the unique interests of residents living on the east end’s lifestyle, not up island trends and marketing approaches. The use categories of the zoning ordinance that must be revised and refined to take into account the universe of potential uses that are bearing down on Southold.” Those words were presented in writing to the Town Board at a public hearing, in an evening of March of this year. And while I do understand and appreciate that the political process does take time and I applaud this Board for moving forward with necessary legislation to implement this recommendation, clearly no one who has a concern for Southold would do otherwise. I don’t believe there is anybody here or up there or anywhere that I know of, in any political party, with any particular kind of occupational background, who wants to see us become anything like what has happened in Riverhead. As a matter of fact, many of us grieve with our friends and relatives who live in Mattituck over what happened west of Love Lane. And certainly that is not really, I think, what the issue is here today. It is a matter of moving very swiftly. Because I think is what is being said today is the anxiety is being expressed, about the details, about the impact, about will it happen anyway? Can it happen while we are waiting? You know. And how, you know, the extent of the legal resources available in the face of our relatively small resources here. And so, I simply want to, with I think everyone else, add my vote of thanks to your moving ahead and my caution and sense of urgency about the priority this represents for our future and to encourage this to move even sooner than the 90 days, if possible. That legislation does exist in other communities and can be appropriated to make it work here as well. Thank you. SUPERVISOR HORTON: Thank you, Ms. Weisman. Would anybody else care to address the Page 15 October 4, 2005 Town of Southold Board Meeting Board on this matter? Yes, sir. CHARLIE REICHERT: My name is Charlie Reichert, I am with the Southold IGA. My question to you is 3,000 moratorium, we are bigger than 3,000 now. If we wanted to make the store bigger, where it is; would this affect us? That would be my question. SUPERVISOR HORTON: I think we can answer that for you right now. Yes. It would. But there is an appeals procedure built into this that you could follow to seek relief from the moratorium. MR. REICHERT: If we could not physically make our store bigger now, could we build a new store? SUPERVISOR HORTON: That is a question we can’t answer because we haven’t introduced or passed legislation that would speak to that matter. TOWN ATTORNEY FINNEGAN: Is your question, could you do it during the moratorium? MR. REICHERT: No. TOWN ATTORNEY FINNEGAN: Okay. MR. REICHERT: (Inaudible) would this stop us, you know, from doing that? TOWN ATTORNEY FINNEGAN: Right. SUPERVISOR HORTON: Yeah, we actually don’t have legislation before us now that would enable us to answer that question. MR. REICHERT: You know, we have been in the village for 15 years now, we keep trying to improve our store to help the people… SUPERVISOR HORTON: You have actually done a remarkable job, too. MR. REICHERT: …you know, and we want to continue making it better, you know, for the people here in Southold. So just wondering how this law would, you know, stop us from making our store better. SUPERVISOR HORTON: And while you are here, let me thank you on behalf of the Town Board and the Planning Board for the voluntary reformation of your parking lot and your traffic scheme there. That has done wonders for not only your patrons but for people passing in front of your store. So, thank you. You have done a marvelous job with that. MR. REICHERT: Anything we can do to help the Town. Page 16 October 4, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: Oh, you are a great partner. Thank you. Would anybody else care to address the Board on this matter? Yes, sir, in the back. DON ANNINO: My name is Don Annino, I am a resident. I have no affiliation with business. A moratorium is necessary, the time factor so that you can come to a fair and just decision. I am here because I am very concerned with this aspect of large building. I understand that it is an application for a 12,000 square foot building in addition to this CVS. That whole aspect scares me. The gentleman brought out a very good point about the legal end of things and I personally think that if you need additional legal advice that you should spend the money for that. Because you’re certainly going, your adversary will have all of the tools to address. And I think the community, the consensus of the community, if you were to have something at the ballot box in November, okay? They would vote this thing down, not the moratorium, but the aspect of allowing business such expansive size. Thank you. SUPERVISOR HORTON: Thank you, sir. MR. ANNINO: I just want to add, I am from western Suffolk originally via Vermont. I have seen what has happened as the result, okay? Bay Shore used to have a very nice, little retail community many years ago. Family ran a small grocery store. We know what it is to compete against large competitors. Thank you. SUPERVISOR HORTON: Thank you, sir. Are there other comments from the floor on this matter? Yes, Mr. Wills. MR. WILLS: While we are talking about up western Suffolk. All you have to do is visit Bellport. Bellport had rules and regulations in effect in the mid 50’s to prevent this sort of thing. That visit might be helpful. SUPERVISOR HORTON: Thank you. No other comments from the floor? We will close this hearing. Oh, Ms. Adams. I didn’t see you. JODY ADAMS: One, CVS has a store in Port Jefferson which is under a hotel, actually under an apartment house. Very elegant, very nice, very inconspicuous. It is something that could be done. Two, some people cannot afford your local businesses and they welcome CVS and its (inaudible) they need drugs, hopefully, you know, what everybody, whatever… SUPERVISOR HORTON: Ones you can buy in a store. MS. ADAMS: They can’t afford the Southold Pharmacy. Right. Or whatever. I don’t like huge box stores but then I don’t like the community, either. So, as you all know. I just, you know, I think you already limited (inaudible) the way you are looking at, my neighbors have to make money, other people are going to come in, they are going to take it out of here. They aren’t going to take it out of here anymore than anyone else does. That is all. I mean essentially I don’t have much to say. Page 17 October 4, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: Thank you, Ms. Adams. Other comments from the floor on this matter? Yes. UNIDENTIFIED: Inaudible comments from floor. SUPERVISOR HORTON: Okay. Thank you. Thank you. MS. ADAMS: (from audience) One more thing from me, also. From here. SUPERVISOR HORTON: No, not from there. MS. ADAMS: Why me? What do you mean I have to get up? SUPERVISOR HORTON: Please, to the podium. MS. ADAMS: I think what you have done to the Cross Sound ferry has ruined ….. SUPERVISOR HORTON: This is, this is not relevant… MS. ADAMS: You say you are saving the community, you have ruined it. SUPERVISOR HORTON: Okay. Thank you. If nothing further, we will close this hearing. Vote Record - Public Hearing #1 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ???????? Daniel C. Ross Voter ? Adjourned ???????? Thomas H. Wickham Voter ?? Closed ???????? John M. Romanelli Voter ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Initiator 2005-616 CATEGORY: Seqra DEPARTMENT: Town Clerk Determine that the Adoption of the Local Law Entitled "Temporary Moratorium on the Processing, Review Of, and Making Decisions on Applications for Site Plans and Special Exception Use Permits for Retail Stores Over 3000 Square Feet In the Town of Southold" In a Type II Action and Not Subject to Review Under SEQRA Rules and Regulations RESOLVEDfinds that the adoption of the local that the Town Board of the Town of Southold hereby law entitled “Temporary Moratorium on the Processing, Review Of, and Making Decisions on Applications for Site Plans and Special Exception Use Permits for Retail Stores Over 3000 Square Page 18 October 4, 2005 Town of Southold Board Meeting Feet In the Town of Southold” is classified as a Type II Action pursuant to SEQRA Rules and Regulations , 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Vote Record - Resolution 2005-616 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? ?? Daniel C. Ross Voter Adopted as Amended ?????????? Defeated Thomas H. Wickham Seconder ?? Tabled ???????? John M. Romanelli Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-617 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact Local Law Entitled “Temporary Moratorium on the Processing, Review Of, and Making Decisions on Applications for Site Plans and Special Exception Use Permits for Retail Stores Over 3000 Square Feet In the Town of Southold” WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New Temporary Moratorium on the York, on the 19th day of September, 2005, a Local Law entitled, “ Processing, Review of, and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold” ; 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 local law entitled, Temporary Moratorium on the Processing, Review of, and making Decisions on applications for “ Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold ” which reads as follows: LOCAL LAW NO. __15_ 2005 Page 19 October 4, 2005 Town of Southold Board Meeting Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1. PURPOSE AND INTENT The Town Board is considering the important recommendations of the recently adopted Hamlet Study and the Planning Board, but is faced at the same time with pending and proposed applications for development of retail, formula, and “big box” type development which could be detrimental to the character and sustainability of the hamlet centers. The Town Board recognizes that the existing Zoning Code is inadequate to deal with these chain and large-scale businesses that have been and will, in the near future, be proposed. The size and population of the Town, the scale of its existing buildings, the traffic and transportation issues facing the hamlets, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that retail and commercial limits should be established to sustain the hamlets. Regulation on the size, location and appearance of large chain retail businesses is necessary to address the problems these businesses create. It is critical that the issues be handled in a comprehensive manner, crucial legislative decisions made and those decisions implemented. The Town Planning Board and Planning Department are currently working with the Town Attorney to review the retail uses, sizes, and locations to update and create new legislation that will comprehensively meet the long-range goals of the Town. The Town Board finds that it is reasonable and in the public interest to temporarily suspend the application process for larger retail stores so that it has adequate time to examine, assess and address these uses that would otherwise be detrimental to the community. For the reasons stated above and to permit the Town Board to decide on and enact needed legislation, this moratorium is necessary. Section 2. ENACTMENT OF TEMPORARY MORATORIUM For a period of Ninety (90) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the Ninety (90) Day period: 1) the Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a site plan containing a RETAIL STORE over 3000 square feet, whether submitted prior to or after the effective date of this law, Page 20 October 4, 2005 Town of Southold Board Meeting and shall not be subject to the time periods specified in Town Law § 274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §100-13 of the Code of the Town of Southold. 2) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special exception use permit containing a RETAIL STORE over 3000 square feet, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-b and Chapter 100 of the Southold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §100-13 of the Code of the Town of Southold. Section 3. APPLICATION This local law shall apply to ALL [new or pending] applications for site plans or special exception use permits for RETAIL STORES over 3000 square feet in the Town of Southold. Section 4. EXCLUSIONS This Local Law shall not apply to: 1) Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date of this local law; 2) Additions to existing retail stores provided said addition will not result in a cumulative floor area of said business in excess of 3000 square feet, and further provided such addition to retail store does not include a drive-through component; 3) Wineries; 4) Agricultural operations and accessory uses thereto. Page 21 October 4, 2005 Town of Southold Board Meeting Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provision of New York State Town Law, this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town’s municipal home rule powers, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supersede any inconsistent authority. In particular, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law § 274-a, §274-b and the provisions and requirements set forth in Chapter 100 of the Southold Town Code, which require that the Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon applications for site plans and special exception use permits within specified time periods, this local law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of the Town of Southold, or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with copies of the site development plan and any related information required in accordance with the procedures set forth in Chapter 100 of the Southold Town Code. c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall Page 22 October 4, 2005 Town of Southold Board Meeting be transmitted to the Town Board. The Town Board may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board Section 7. 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 effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 8. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. COUNCILMAN ROMANELLI: Yes but I do want to make a quick comment that I support it, this moratorium, in general because I am concerned about the hamlet but I also find some of the comments, I want to say somewhat hypocritical because a landowner who owns a piece of business or land should have as much rights to his property as a farmer. So, let’s all keep that in mind as we draw this law that property rights are a big issue and they have proven to be a big issue in this town. So, let’s not be hypocritical in our feelings on the property rights of a business owner versus farmer. So I vote yes. Vote Record - Resolution 2005-617 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Seconder ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter SUPERVISOR HORTON: Thank you Councilman Romanelli. This meeting is adjourned. * * * * * * * Elizabeth A. Neville Southold Town Clerk Page 23