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HomeMy WebLinkAboutLL 2006 #01STAT~ OF N~Z¢ ¥o~ 'DEPARTMENT OF STATE ALBANY, ~' 1223 I.~)O0 I February 2, 2006. Town of Southold Town Clerk 53D95 Main Road PO Box 1179 Sodthold, NY 11971 RE: Town of Southold, Local Law 1, 2006, filed on 1/6/2006 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. LL:cb Sincerely, Linda Lasch Principal Clerk State Records & Law Bureau (518) 474-27.55, 'i, SOUTHOLD TOWN BOARD PUBLIC HEARING HEARING ON AN EXTENSION OF THE TEMPORARY MORATORIUM ON RETAIL STORES COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN TltAT there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 20th day of December, 2005, a Local Law entitled, "A Ninety day Extension of the Teml~orarv Moratorium on the Processing, Review of. and making Decisions on a~lications for Site Plans and SI)ecial Exception Use Permits for Retail Stores over 3000 stmare feet in the Town of Southold"; AND NOTICE IS HEREBY FURTItER GIVEN the Town Board of the Town of Southold will hold a oublic hearing on the aforesaid Local Law at the Southold Town Itali, 53095 Main Road, Southold, New York, on the 3rd day of January at 5:00 ~.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Ninety day Extension of the Teml~orarv Moratorium on the Processing, Review of, and making Decisions on al~nlications for Site Plans and Sl~ecial Excention Use Permits for Retail Stores over 3000 sauare feet in the Town of Southold" reads as follows: LOCAL LAW NO. 2005 A Ninety Day Extension of the 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 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, Planning Department and Town Attorney Department have been working hard since the enactment of the moratorium to review 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 held a heating on January 3, 2006 2 Public Heating-Extension of Moratorium on Retail Stores proposed legislation on December 14, 2005, at which time valuable public comments were received. The Town Board would like to review the public input, and revise the proposed legislation to better serve the needs of the community. Further, on January 1, 2006, there will he a new Town Supervisor and one new Councilperson, who will provide input into the crafting of legislation. The Town Board finds that it is reasonable and in the public interest to further temporarily suspend the application process for larger retail stores so that it has adequate time to examine, assess and address these uses that would othemVise be detrimental to the community. For the reasons stated above and to permit the Town Board to decide on and enact needed legislation, the extension of 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 afier 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 afier 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 Lm~ 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 heating 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 afier 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 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 ex/sting retail stores or restaurants, 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 or restaurant does not include a drive-through component; 3) Wineries; January 3, 2006 3 Public Heating-Extension of Moratorium on Retail Stores 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 Hoxne 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 running of time periods for processing, review, holding heatings 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 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 WICKHAM: There is a rather lengthy recitation here of the original law that was put in place earlier last year. That law, the original moratorium, would expire later this week. The January 3, 2006 4 Public Hearing-Extension of Moratorium on Retail Stores purpose of this extension is to give it an additional 90 days from this week, to extend out into the future an opportunity for the town to put in place legislation that the Board deems appropriate to control the big box stores that would, that could otherwise be established here in the Town of Southold. There is a purpose and an intent but it is all part of the original law and I think it is fairly clear what this calls for. The limit is still the 3,000 square feet limit that was there when we first took up this law last year. This public heating has been duly noticed on the Town Clerk's bulletin board out there, it has appeared as a legal in the local newspaper and I do have several communications about it from interested parties. First, from the Suffolk County Department of Planning, 'Pursuant to the requirements of Section A 1414 to 23 of the Suffolk County Administrative code, this referenced application is considered to be a matter of local determination as there is no apparent significant countywide, inter-community impact. A decision of local determination should not be construed as either an approval or disapproval.' On December 28, 2005, Jerilyn B. Woodhouse, the Planning Board chair released a memo to the Town Board on this application, which reads as follows: 'We have received your request for comments regarding the above referenced local law extension. The Planning Board supports the extension. We have no further comments or recommendations at this time.' And I believe that is all the information I have at this public hearing at this time. SUPERVISOR RUSSELL: Would anybody like to comment on the proposal? John Nickles, Junior. JOHN NICKLES, JR.: Hi. John Nickles, Jr., Southold. I don't have a lot to say on this, I think it is something the Town should look more into and I would support the 90 day extension here. Some of the avenues I thought the Town might take with redefining specific types of retail uses apparently may not be the way to go for the town from a legal standpoint but I would be interested in helping the town explore what are the other possibilities might be out there to achieve our goals. Thanks. SUPERVISOR RUSSELL: Thanks, John. Thank you very much. Would anybody else like to comment? Mrs. Egan. JOAN EGAN: Joan Egan, East Marion. Sorry I missed the beginning, I thought it was at 7:30. I wish you all a very happy, holy and why not wealthy year. Mr. Krupski, Mr. Edwards, Mr. Ross, Judge Evans, you got sworn in today? Good. Mr. Wickham, Mrs. Neville, Mrs. Finnegan and our new supervisor. I don't think I have an awful lot to say. I think the moratorium should be extended. I think it was mostly proposed because of the CVS here in Southold. And I don't know why you don't want so many people here but I am sure they will start coming once they see some results from you. Thank you very much. SUPERVISOR RUSSELL: Thank you very much. Anybody else? (No response) Okay. We are going to close that hearing. Southold Town Clerk 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 # 2006-110 Resolution ID: 1401 Meeting: 01/03/06 04:30 PM Department: Town Clerk Category: Seqra THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-110 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 3, 2006: RESOLVED that the Town Board of the Town of Southold hereby finds that the adootion of the local law entitled "A Ninety day Extension of the Temoorarv Moratorium on the Processing, Review of, and makino Decisions on aoolications for Site Plans and Soecial Execution Use Permits for Retail Stores over 3000 square feet in the Town of Southold" is classified as a Tvoe H Action oursuant to SEORA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Elizabeth A. Neville Southold Town Clerk #7703 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Jean Bumon of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 12th day of Januarv ,2006 ~d~~- ~clerk Sworn to before me this I of(~.--~.,/'~ 2006 NOTAI~Y ~tJSt,lC.~I'ATE OF NEW YORK NO. 01.V06'105050 gucitifleC~ I~1 Suffolk county Com~ltll01~ EXDIteI FebruaW 28, 2008 LEGAL NOT~CE NOTICE OF ENACTMENT NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 20th day of December~ 200fi~ a Local Law entitled, "A Nine~ day Extension ol lb~ Teml~rar~ Moratorium on the processing. Review of, and making Decisions on appficatio~ for Site P~a~s and Special Exception Use permits for Retail Stores over 3000 square feet in the Town of Southold': and NOTICE IS HEREBY FURTHER GIVEN the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard,AND NOTICE IS HEREBY FURTHER GIVEN that the Town Board of thc Town of Southold hereby ENACTS local law entitle& "A Ninely day Exlension of the Temporary Morsturium oll the Processing. Review of. and making Decisions on applications for Site Plans and Special Exception Use Permits for the Town of Southold' which reads as follows: Processing, Review of, and making the Town of Southold BE IT ENACTED BY, the Town Board of thc Town of Southold as follows: Section L PURPOSE AND INTENT The Town Board is considering chain and large-scale businesses that be proposed. The size and population of the Town, the hamlets, and the long-range goals planning studies) dictate that retail and 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. Planning Department and Town Attorney Department have been working hard since the enactment of the moratorium to review retail uses, sizes, and locations to update and create new }egislation that will comprehensively meet the long-range goals of the Town. The Town Board held a hearing on proposed legislation on December 14, 2005, at which time valuable public comments were received. The Town Board would like to review the public input, and revise the proposed legislation to better serve the needs of the community. Further, on January 1,2006.there will be a newTown Supervisor and one new Councilperson, who will provide input into the crafting of legislation. The Town Board finds that it is reasonable and in the public interest to further 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, the extension of this moratorium is necessary. Section 2. ENACTMENT OF TEMPO- RARY 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 farther 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 30{10 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-ermcted time periods for processing and malting 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. 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 exceplion 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 §10{I-13 of the Code of the Town of Southoid. Section 3. APPLICATION This local law shall apply to ALI. [new or pending] applications for site plans or special exception use pern/its for RETAIL STORES over 3{)00 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; 2i Additions to existing retail stores or restaurants, 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 or restaurant 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 sl~persedes, 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)0ii(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 § g74-a. §g74-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 iLin 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 fred 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 thc 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, l~inal 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 firing with the Secretary of State. Dated: January 3, 2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the _ day of 2006~ she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold. Suffolk County, New York. to wit: Town Clerk's Bulletin Board. 53095 Main Road, Southold. New York. Enactment of Tcmp Moraturium Elizabeth A. Neville Southold Town Clerk Sworn before me this day ot .2006. Notary Public LEGAL NOTICE NOTICE OF ENACTMENT NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 20th day of December, 2005, a Local Law entitled, "A Ninety day Extension of the Temoorarv Moratorium on the Processing, Review of, and makine Decisions on a~olications for Site Plans and Soecial Excel)tion Use Permits for Retail Stores over 3000 square feet in the Town of Southold"; and NOTICE IS HEREBY FURTHER GIVEN 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 opportnnity to be heard, AND NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold hereby ENACTS local law entitled, "A Ninety day Extension of the Temporary Moratorium on the Processing, Review of, and makin~ Decisions on apnlications for Site Plans and Sl~ecial Excevtion Use Permits for Retail Stores over 3000 square feet in the Town of Southold" which reads as follows: LOCAL LAW NO. 1 2006 A Ninety Day Extension of the Temporary Moratorium on the Processing, Review of, and m~kJng 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 tnade and those decisions implemented. The Town Planning Board, Planning Department and Town Attorney Department have been working hard since the enactment of the moratorium to review 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 held a hearing on proposed legislation on December 14, 2005, at which time valuable public comments were received. The Town Board would like to review the public input, and revise the proposed legislation to better serve the needs of the community. Further, on January 1, 2006, there: will be a new Town Supervisor and one new Councilperson, who will provide input into the crafting of legislation. The Town Board finds that it is reasonable and in the public interest to further 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, the extension of 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, 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 2) 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 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 or restaurants, 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 or restaurant 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 req~aire 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 running of time periods for processing, review, holding heatings 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 wilh 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 n~ake 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. Dated: January 3, 2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JANUARY 12, 2006, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Attorney Planning Board Zoning Board of Appeals Town Board Members Town Clerk's Bulletin Board Building Department STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Cler~f the Town of Southold, New York being duly swom, says that on the ~___.~[ dayof ,~q~-'-II- ,2006, she affixed a notice of which the ,mnexed printed notice is a tmt~6py, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Enactment of Temp Moratorium Swolt rn dbaeyfOreo f th~ LYNDA M BOHN NOTARY PUBLIC, State of New York No. 01 BO6020932 Qualified in Suffolk County Term Expires March 8, 20 ~ (_~glizabeth A. Ne~---llk Southold Town Clerk NEW YORK STATE DEPARTMENT OF STATE Local Law Filing-- 4, STATE S ET, (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. 1 2006 A Ninety Day Extension of the 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 INTElxr]? 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, Planning Department and Town Attorney Department have been working hard since the enactment of the moratorium to review 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 held a hearing on proposed legislation on December 14, 2005, at which time valuable public comments were received. The Town Board would like to review the public input, and revise the proposed legislation to better serve the needs of the community. Further, on January 1, 2006, there will be a new Town Supervisor and one new Councilperson, who will provide input into the crafting of legislation. The Town Board finds that it is reasonable and in the public interest to further temporarily suspend the application process for larger retail stores so that it has adequate time to examine, assess and address these uses that (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev. 11/99) 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, the extension of 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, 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 perrrfits 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 pernY~ts 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 2) 4) Additions to existing ret2[i'l~ores or restaurants, provided said addition'~[ll not result in a cumulative floor area of said business in excess of 3000 square feet, and further provided such addition to retail store or restaurant does not include a drive-through component; Wineries; 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 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 PROCEDURE[', 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 plannmg 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 vahance 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 I00 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 3 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. 4 (Complete the certifica~n in the paragraph that applies to the fi~g 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. __ 1 of 20 06 . of the (Coanty)(CJt39(Town) ~f:21.~g:) of SOUTHOLD was duly passed by the TOWN BOARD on January 3__, 20 06 , 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 of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20__ Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20__, in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Chartel~'ews]on proposed by peOOon.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon all 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 secfion 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 original 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 of thg..~ounty legislative body. CiW. To~n or Village Clerk or officer designated by local legislative body~ Elizabeth A. Neville, Town Clerk (Seal) Date: __January 4, 2006 (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/~tains the correct text have been had °r taken f°r the enactment °f the l°cal law aV~ {~ Patricia A. Finneflan, E~ Title ld that all proper proceedings Town of SOUTHOLD Date: January 4, 2006 6 #7677 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Jean Burqon of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 22nd day of December ,2005 Sworn to before me this 2005 CHRI$11NA NOTARY PUBLIC-STATE OF NEW yORK No, 01.V06105050 Qualified If~ Suffolk CoUr~t¥ ~©mrniss on Expires February 26. 2008 LEGAL NOTICES LEGAl. NDT1CE NOITCE OF PUBLIC HEARIN(; NOTICE IS HEREBY GIVEN ~m applications for Site Plans and Spe- cis! Exeeotion Use Pernlits for Retail of Southold"~ A ND the aforesaid Local Law at the Southold Ninei) day Extension of the Temporar-¢ of. and making Derisions on applica. lions for Site Plans and Special Exceo- ~ square feet in the Town of South- ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ~Fown Hall, i3095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765-1800 southoldtown.northfork.net RESOLUTION # 2005-774 Resolution ID: 1377 Meeting: 12/20/05 07:30 PM Department: Town Clerk Category: Legislation THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-774 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 20, 2005: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the orooosed Local Law entitled, "A Ninety day Extension of the Temoorarv Moratorium on the Processina, Review of, and making Decisions on aoolications for Site Plans and Soecial Exceotion Use Permits for Retail Stores over 3000 Stluare feet in the Town of Southold", to the Southold Town Planning Board and the Suffolk County Planniw, Commission for comments and recommendations. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFF]~CER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1500 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 23, 2005 Jerilyn B. Woodhouse, Chairman Southold Town Planning Board Southold Town Hall Southold, New York 1195'1 Dear Ms. Woodhouse: The Southold Town Bozucd at their regular meeting held on December 20, 2005 adopted resolution no. 774 regarding a proposed local law entitled "A Ninety day Extension of the Temoorarv Moratorium on the Processing, Review of, and makine Decisions on aoolications for Site Plans and Soeeial Exceotion Use Permits for Retail Stores over 3000 square feet in the Town of Southold". A certified copy of this resolution is attached. Please prepare an official report defining the Planning Board's recommendations with regard to this proposed local law and forwa?d same to me at your earliest convenience. This proposed local laws have also been sent to the Suffolk County Planning Department for their review. The public hearing is scheduled for 5:00 P.M. on January 3, 2005. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly y,q~ .~ Elizabeth A. Neville Southold Town Clerk Enclosure cc: Town Board Town Attomey LEGAL NOTICE NOITCE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 20th day of December, 2005, a Local Law entitled, "A Nin~et¥ day Extension of the Temoorarv Moratorium on the Processing, Review of, and making, Decisions on aoolications for Site Plans and Special Exceotion Use Permits for Retail Stores over 3000 square feet in the Town of Southold"; AND NOTICE IS I-EEREBY FURTHER GIVEN the Town Board of the Town of Southold will hold a oublic hearin~ on the aforesaid Local Law at the Southoid Town Hall, 53095 Main Road, Southold, New York, on the 3rd day of January at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Ninety day Extension of the Temoorarv Moratorium on the Processine, Review of, and makin~ Decisions on aoolications for Site Plans and Soecial Exceotion Use Permits for Retail Stores over 3000 st~uare feet in the Town of Southold" reads as follows: LOCAL LAW NO. 2005 A Ninety Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Site Plans and Special Exception Use Penff~ts 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 l[arge 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, Planning Department and Town Attorney Department have been working hard since the enactment of the moratorium to review retail uses, sizes, and locations to update and create new legislation that will compreher~tsively meet the long-range goals of the Town. The Town Board held a hearing on proposed legislation on December 14, 2005, at which time valuable public comments were received. The Town Board would like to review the public input, and revise the proposed legislation to better serve the needs of the community. Further, on January 1, 2006, there will be a new Town Supervisor and one new Councilperson, who will provide input into the crafting of legislation. The Town Board finds that it is reasonable and in the public interest to further 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, the extension of 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, 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 Tl-fis 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 or restaurants, 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 or restaurant 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 inconsistenl 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 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. Dated: December 20, 2005 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON DECEMBER 22, 2005, AND FORWARD ONE (I) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, IqY 11971. Copies to the following: Suffolk Times Town Attorney Planning Board Zoning Board of Appeals Town Board Members Town Clerk's Bulletin Board Building Department STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the r~On41day of~~ ,2005, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Public Hearing: January 3, 2005 5:00 pm ~tElizabeth A. Ne~fle Southold Town Clerk Sworn before._.m.e this ~O'~day of t[~,.~ ~, ,,~s~,, 2005. LYNDA M. BOHN NOTARY PUBiLIC, State of New York No. 01 B06020932 Qualified in Suffolk County Term Expires March 8, 20 ~