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HomeMy WebLinkAboutLL 2005 #15GEOB(~E E. PATAKI Elizabeth A Neville Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 STATE OF NE1N YORK DEPARTMENT OF STATE: 4 1 STATE STREE--T ALBANY, N~ i 2213 I-OOO I November 3, 2005 RECEIVED NOV 7 2005 Southold Town Clerk RE: Town of Southold, Local Law 14 & 15, 2005 filed on 10/6/05 To whom It May Concern: The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Linda Lasch Principal Clerk State Records & Law Bureau (518) 474-2755 General Code Publishers 72 Hinchey Roa Rochester, NY Phone: 800/836-8834 Fax: 585/328-8189 Email: sales@generalcode.com 10/07/2005 ~20040 Ms. Elizabeth A. Neville: - $00.239 ~0 12 20{}5 US POSTAGE The following material has been received and will be processed for inclusion in your Code as supplemental pages (where applicable): Local Law Nos. 14-05 and 15-05. RECEIVED Town of Southold CIO Clerk's Office PO Box 1179 Southold, NY 11971 OCT 1 ? 2005 Southold Town Clerk ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OTown Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765-1800 southoldtown.northfork.net RESOLUTION # 2005-617 Resolution ID: 1199 A Meeting: 10/04/05 02:00 PM Department: Town Clerk Category: Enact Local Law THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-617 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 4, 2005: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 19th day of September, 2005, a Local Law entitled, "Temvorarv Moratorium on the Processing, Review of, and makita, Decisions on al~vlications for Site Plans and Svecial Excel~tion 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 opportunit~/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 Processim,, Review of, and makin*, Decisions on al)l~lications for Site Plans and Soecial Excel~tion Use Permits for Retail Stores over 3000 square feet in the Town of Southold" which reads as follows: LOCAL LAW NO. 15 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 Depamnent 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 fi)llowing 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, 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 S outhold. 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 2;000 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 mal(~ng 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 Tc,wn of Southold. Page 2 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 iuconsistent 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 a,gt 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 effbrts being Page 3 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 ur 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. Elizabeth A. Neville Southold Town Clerk Page 4 ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765-1800 southoldtown.northfork.net RESOLUTION # 2005-616 Resolution ID: l 198 Meeting: 10/04/05 02:00 PM Department: Town Clerk Category: Seqra THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-616 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 4, 2005: RESOLVED that the Town Board of the Town of Southold hereby finds that the adootion of the local law entitled "Teml~orarv Moratorium on the Processine, Review Of, and Making, Decisions on Apl~lications for Site Plans and Sl*ecial Excel~tlon Use Permits for Retail Stores Over 3000 Square Feet In the Town of Southold" is classified as a Type II Action Imrsuant to SEORA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Elizabeth A. Neville Southold Town Clerk Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY~ NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of SOUTHOLD LOCAL ]LAW NO. 15 2005 Temporary Moratorium on the Processing, Review off 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 dewflopment 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 commemial 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 othervqise be detrimental to the comanunity. 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 TEMPOP, ARY 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 rome 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 heating 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 (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev. 11/99) 2) 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. The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a heating or make any decision upon any application for a special exception use permit containing a R£TAIL 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 heatings 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 21000 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 role powers, pursuant to Mtmicipal 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 heatings on, and act upon applications for site plans and special exception use permits within specified time periods, this local law suspends and stays the minting of time periods for processing, review, holding hearings on, making deci:sions, 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 haw, 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 2 an extraordinary hardship. To gr clh request, the Town Board must fin t 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 stm'ounding 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 heating 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. 3 (Complete the certiflcaNTSn in the paragraph that applies to the fl~lig of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 15 of 20 05 of the (Ccun~')(C/~j)(Town) (V~]]c~gz) of SOUTHOLD was duly passed by the TOWN BOARD on October 4 ; 20 05 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with :approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the and was deemed duly adopted on 20 in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason ofa (mandatory)(pem~issive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed ihereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition :requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 4 5. (City local law concerning Char evision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the City of having been snbmitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rnle Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 __ became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the or/ginal on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Clerk o~Fth¢ C~ty Iegislative'~o~y. Cit~ T~wn or Village Clerk or officer designated by local legislative bod~ Elizabeth A. Neville, Town Clerk (Sea/.) Date: __October 4, 2005 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law ~lontains the correct text and that all proper proceedings have been had or taken for the enactment of the local law ann~ed~ Sign~tth'e ' { ~,~ { ~ Patric'la A. Finne~a~, Esq.,~oflvn Attorney Title Town of SOUTHOLD Date: October 4, 2005 5 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 19th day of September, 2005, a Local Law entitled, Moratoripm on the Processing. Review of. and maldnn Deeiaions on ~plicafions for Site Plans and Special ]~xceptinn Use Permits for Retail Stores over 3000 square feet in the Town of Southold'; NOTICE IS HEREBY FUR- THER G/VEN 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, Southold, New York, on the 4th day of October 2005 at 2:00p.m. at which time all inter- csted persons will be given an opportunity to be heard. The proposed local law entitled, "Temporary Moratorium on the Proeessinp.. Review of. and making Decisions on applic, a- tions fg.r 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 prTemporary Moratorium on the ocessing, Review of, and mak- ing 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 IN I'ENT The Town Board is considering the important recommendations of the recently adopted Hamlet Study and the Planning Board, but is faced at the same tune with ~nding and proposed a~pplica- om for development olretail, formula, and "big box" type development which could be detrimental to the character and sustainability of the hamlet cen- ters. The Town Board recognizes that the existing Zoning Cede 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 buildipgs,, the traffic and mms- FeOrtation issues facing the ham- ts, and the long-range goals of the Town {as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that retailand commercial limits should be established to sustain the hamlets. Regulation on the size, location and appear- ance of large chain retail busi- nesses is necessary ~o address the problems these businesses create. It is critical that the issues be handled in a comprehensive man- ocr, crucial legislative decisions made and those decisions imple- mented. 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 inter- est 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 oth- erwise be detrimental to the com- munity. For the reasons stated above and to permit the Town Board to decide on ' enact.neec~ed legis- lation, thL ,omtonum is neces- S'~s~ction~' 2. ENACTMENT OF TEMPORARY MORATORIUIvl For a period of Ninety (90) Days following the effective date of this I q Law aRer which date this ,:al Law shall lapse and be without further force and effect and st~bject to any other Local Law ad6pted by the Town Board during the Ninety (90) Day period: the Planfiing 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, and shall not be sub- iect to the time periods specified n Town Law § 274-a and Article XXV of the Southold Town Code, including without limita- tion, 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 8100-13 of the Code of the Town of Southold. The Zoning Board of Appeals shall not accept for review, con- tinue review,hold a hearing on, continue a heating or make any decision upon any application for a special exception use permit containing a RETAIL STORE over 3000 Square feet, whether submittedpnor 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 usepermits 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] applica- tions for site plags or special exception usepermits for RETAIL STORES over 3000 square feet in the Town of Southold. Section 4. EXCLUSIONS This Local Law shall not apply to: Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date of this local law; Additions to existing retail stores provided said addition will not result in a cumulative floor area of said business in excess of reserved to the absolute legisla- 3000 square feet, and further pro- tire discretion of the Town Board vided such addition to retail store Section 7. SEVERABILITY does not include a drive-through If any clause, sentence, para- co,,m, pong'nt; graph, section, or part of this wmenes; Local Law shall be adjudged by Agricultural operations and any court of competent jurisdic- accessory uses thereto, tion to be invalid, the judgment Section 5. CONFLICT WITH shall not effect the validity of this STATE STATUTES AND law as a whole or any part thereof AUTHORITY TO SUPERSEDE other than the part so decided To the extent that any provi- be unconstitutional or invalid. sions of this Local Law are in Section 8. EFFECTIVE DATE conflict with or are construed as This Local Law shall take effect inconsistent with the provision of immediately upon filing with the New York State Town Law, this Secretary of State. Local Law supersedes, amends Dated: September 19, 2005 and takes precedence over NYS BY ORDER OF THE TOWN Town Law pursuant to the Town's BOARD OF THE TOWN OF municipal home role powers,put- SOUTHOLD suant to Municipal Home Rule F':zabethNeville Law § I0(l)(ii)(d)(3);§ Town Clerk 10(1)t ,)(14) and § 22 to super- 1X 09/22/05 (098) sede 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 Tow ~ aw § 274-a. ~274-b and ~ ions 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,K uoon applications for site plans,~ and special exception use permits ~ ss within specified time periods, thisin, bein~ duly local law susDends and stays the · running of time periods for pro-: ~s the Legal cessing, review, holding heatings:, of the D'at,eler on. making decisions, and taking · ' * 4 action on such applications pro-'Wspaper prime,, vided for in those laws and is County; and that intended to supersede and amend aqy said inconsistent authority, ae annexeo is a section 6. APPEAL PROCE-published in said DURES_ a. The Town Board shallncc each week have the authority to vary or ...4;ttccessively, waive the ~pplicafion of any pro- /¢,d'A; vision of this Local Law if, in its' ;:' legislative discretion, upon its .... LY005L! 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 fred that a variance or waiver will not adversely affect the purpose of this local law, the health, safe- f~,L~c>~ o f ty or welfare of the Town olthis. J ....... day Southold, or any comprehensivq5 planningefforts being undertaker' ' in the Town. The Town Boarc shall take into account the exist- ~?'~ lng land use in the immediate. ~ · vicinity of the properVd, the range¢i ~?/..". ~7. ! ........ of business opportunities in the~blic vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the,ill impact of the variance or waiver teof New York on the open and recreational 9984 space, and transportation inf~a- kCoumy structure of the Town. The appli- day 0~, 2006 cation must comply with all other applicable provisions of the Southold Town Code. b. Any request for a van- once or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the process- ing of such application, along with copies of the site develop- ment plan and any related infor- mation 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 recommenda- tion to approve or disapprove a variance or waiver of this Local Law. The application and recom- mandation shall be transmitted to the Town Board. The Town Board may conduct a public hearing and make a final decision on the ~tPlicatinn. with or without con- ions. Final approval is ~all o . dock's public tire natura  Thc psecl serve denyir, kest ki" flo ~mste~ ~eks 12. ess -uc- poles iro- the ad OF FO mstallc jnstalla the Tm ~htion~ amen/t: ted doc Trustee Length 1. exten& T~stec advemc n ehes, si ~ ity~ hab ~ 2. Wi ¢ shall ex  thc war{ the lcr include vessel. r 3. Pr L- AclivJli i- [a] Gi ?~ tire )' ameristi ~ of Sou e Revi~li r ~3rk S~ COUNTY OF SUFFOLK STATE OF NEW YORK ss: Nancy M. Mclaughlin, being duly sworn, says that shc is thc Legal Advertising Coordinator, of thc D'aveler WaWhman, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the aimexed is a printcd copy, has been published in said Traveler Watchman once each week for ..... ~....week(s) ~cessively, co~menging o¢ the ...... ~.~c. eT ..... day - d /.'"" ;//" ~' 57/ Swo~rc-to b,0(om me this ,~'~day of ...... ~.7~!~L~oos. ' ........ * ..... .- ~_ .~' //5- ....... ~d ::. (:' ~. . ~ ~:-:~ :. ~d~ ....... Notary Public NOTARY PUBLIC, State of New York No. 01 HA5059984 Qualified in Suffolk County Commission expires May 06, 2006 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK SIEVE LEVY SUFFOLK COUNTY EXECUTIVE September 27, 2005 ~lJaD u~01 I~10qln0S §00~ [ [ ±30 THOMAS ISLES, AICP DIRECTOR OF PLANNING Ms. Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road - P.O. Box 11'79 Southold, NY 11971 Applicant: Town of Southold Zoning Action: Temporary Moratorium on Site Plans and Special Exceptions for retail stores greater than 3,000 sq. fi. Public Hearing Date: 10/4/05 SCPC File No.: SD-05-09 Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced appliication, which has been submitted, to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Thomas Isles, AICP Director of Planmn~ Chief Planner APF:cc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG.- 4IH FLOOR P.O. BOX 6100 (631) 853~5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788~0099 TELECOPIER (631) 853-4044 oc'r~ 42o~ ' ' We, the Southold Hamlet Business Community S0uth0~ ~o,,. Cirri request that the Southold Town Board receive the signatures of these loyal and true Southold citizens who are most vehemently opposed to our town being overrun by any "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. COPY OF SAVE OUR SOUTHOLD PETITION WE, THE UNDERSIGNED RESIDENTS SUPPORT THE LOCAL BUSINESS COMMUNITY OF SOUTHOLD TOWN AND WE HEREBY REQUEST THE SOUTHOLD TOWN BOAPd) DRAW UP ZONING CODE LEGISLATION TO PREVENT BIG BOX STORES, FAST FOOD RESTAURANTS AND ANY OTHER CHAIN STORES COMING INTO SOUTHOLD. WE BELIEVE THESE TYPES OF BUSINESSES WILL DESTROY OUR SMALL TOWN ENVIRONMENT AND DEVASTATE OUR SMALL BUSINESS COMMUNITY. o< o,.~ U ~om~ oZmO o~ ©< © < © 5~ ~o~ <~ oZmO ~o~< ~mz o~ © ~. O0 ~0~ oou~ ~0~ 0 0 © 88 ~ 0 o L L ¢! ©.~ [.~ © 0 o L o~ ©Z © moO< ©< ~' . < o 0 0 ©< b 0~0 ~o ©< b L © ~0~ ~<~ C ~o~d oZmO ~o~< 0<o~ ~m~Z ~0 <~ ~0~ ~o~ ~o L k o~ o moO< °~ < k © o~ ~00 0~ r~ 0 0 0 0 ~ o o~° p. 0 [-~ 0 0 0 ~< < ~ o o~ DEP^RTMENT OF PLANNING 1Vm. Blizabcth Neville, Town of $outholcl 53095 Main Road - P.O,:Box Southold. NY' 119'71 SC Pl_~b~l I NG I;OUNTY OF SUFFOLK STEV~ LWY SUFFOLK COUNTY EXECUTIVE S~ptember 27, 2005 o47 p, ! THOMAS ISLes, AICP DIRECTOR OF PL~NNINO k~rk t79 Applicairt; Zoning Action: Town of Southold Temporary Moratorium on Site ?las nd Special Excepiio~ for r~*xil stor~s greater tha~ 3,000 sq. ft, P~lic Flcaring Date: 10/,1/05 I SC?C File No.: SD-05-09 Dcar Ms. Ncwille: ! Commissi~ is condd~d to ~o a ~ for loc~ dctcm~fion ~ ~c ~ no ~cnt ,i~ficmt co~-wide or ~tcr-co~ impact(s). A decision of local ~t~ago~ ~ho~d not be cou~ as cith~ ~ apply, I or di~pproval. ve~ ~ly yom, ~om~ ~1~, ~CP Dk torofE ~ ~~ Chief Planner A,PF:ee LQCATION H. L~E OENNi$ON BkgO.-4"1~ ~OOR., I~ VETE~Iq,CM~J~ORIAL H OHW~.T., i MAILING ~,DDR~S [~. O, BOX 61C0 HAUPP&UGE, I~.Y 117118-0099 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON PI.~tNNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Icor. Main Rd. & Youngs Ave. Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED To: Joshua Horton, Supervisor Members of the Town Board From: Jerilyn Woodhouse, Chair Members of the Planning Board OCT - [ Southold Town Clerlc Re: Comments on Public Hearing on the "Temporary Moratorium on the Processing, Review of and making Decisions on applications for Site Plan and Special ', Exception Use Permits for Retail Stores over 3000 square feet in the To~vn of Southold". Date: September 30, 2005 The Planning Board does not have any comments and supports the action as proposed.