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HomeMy WebLinkAboutLL 2005 #18GEORGE ~'. PATAKI STATE OF N~1/¢ YORK 'DEPARTMENT OF STATE 4 I STA~:E STREET~' ALBANY~ NY I 2~'31-000 I RECEIVED NOV 2 9 '2005 Southold Town Clerk November 23, 2005 Town of Southold Town Hall, 53095 Main Road PO ,Box 1179 Sout,hold, NY 11971 RE: Town of Southold, Local Law 18, 2005, filed on 1119/2005 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 LL:cb ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATIST[CS 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 # 2005-677 Resolution ID: 1257 Meeting: 10/25/05 07:30 PM Department: Town Clerk Category: Seqra THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-677 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 25, 20(}5: WHEREAS, the Town Board of the Town of Southold is conducting an uncoordinated SEQR Review of an Unlisted Action involving an amendment to Chapter 1002 of the Code of the Town of Southold, regarding the use regulations in the AC, R-80, ]?,-120, R-200, R-400 and HD zoning districts and historic buildings; and WHEREAS, the purpose of the amendment is to allow the use of historic buildings, particularly those identified on the State and National Registers of Historic Places, to permit, through special exception, the use of the building for community events, professional offices and an apartment. The density, bulk and area regulations for these uses districts not be changed. NOW THEREFORE BE IT RESOLVED, that pursuant to Part 617 of the SEQR Regulations, the Town Board of the Town of Southold hereby desi~,nates itself as the Lead Agency for the SEQR Review of this Unlisted Action. BE IT FURTHER RESOLVED, that pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, the Lead Agency has determined that the VrOlmsed Unlisted Action will not have a significant adverse effect on the environment for the reasons enumerated in the attached Negative Declaration Form. Elizabeth A. Neville Southold Town Clerk .! TOWN BOARD RESOLUTION ,2005 SEQR DETERMINATION OF SIGNIFICANCE NEGATIVE DECLARATION FOR A LOCAL LAW AMENDING CHAPTER 100 OF THE CODE OF THE TOWN OF SOUTHOLD REGARDING THE USE REGULATIONS IN THE AC, R-40, R-80, R-120, R-200, R-400 AND HD ZONING DISTRICTS AND USES IN HISTORIC BUILDINGS WHEREAS, the Town Board of the Town of Southold is conducting an uncoordinated SEQR Review of an Unlisted Action involving an amendment to Chapter 1002 of the Code of the Town of Southold, regarding the use regulations in the AC, R-40, R-80, R-120, R-200, R-400 and HD zoning districts and historic buildings; and WHEREAS, the purpose of the amendment is to allow the use of historic buildings, particularly those identified on the State and National Registers of Historic Places, to permit, through special exception, the use of the building for community events, professional offices and an apartment. The density, bulk and area regulations for these uses districts not be changed. NOW THEREFORE BE IT RESOLVED, that pursuant to Part 617 of the SEQR Regulations, the Town Board of the Town of Southold hereby designates itself as the Lead Agency for the SEQR Review of this Unlisted Action. BE IT FURTHER RESOLVED, that pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, the Lead Agency has determined that the proposed Unlisted Action will not have a significant adverse effect on the environment for the reasons enumerated in the attached Negative Declaration Form. On the motion of , seconded by , it was adopted by the following vote: AYES: NAYS: ABSTAINED: ABSENT: Jo~ua Y. H6rtdfi, SupervisoTie resolution was thereupon duly adopted. 617,21 Appendix F State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance SEQR Project Number Date November 2005 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of Southold Town Board as lead agency, has determined that the proposed action described below will not have a significant effect on the environmental and a Draft Environmental Impact Statement will not be prepared. Name of Action: Use of Historic Buildings SEQR Status: Type I [] Unlisted [] Conditioned Negative Declaration: Yes [] No [] Description of Action: The purpose of the amendment is to allow the use of historic buildings located in the AC, R-40, R-80, R-120, R-200, R-400 and HD zoning districts, particularly those identified on the State and National Registers of Historic Places, to permit, through special exception, the use of the building for community events, professional offices and an apartment. The density, bulk and area regulations for these uses districts will not be changed. Location: (Include street address and the name of the municipality/county. A location map of appropriate scale is also recommended.) The AC, R-40, R-80, R-120, R-200, R-400 and HD zoning districts in the Town of Southold, Suffolk County SEQR Negative Declaration Page 2 REASONS SUPPORTING THIS DETERMINATION: (See 617.6(g) for requirements of this determination; see 617.6(h) for Conditioned Negative Declaration) See Attached If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed. For Further Information: Contact Person: Address: Telephone Number: Elizabeth A. Neville, Town Clerk Town Hall, 53095 Route 25, Southold, NY 11971 631-765-1800 For Type I Actions and Conditioned Negative Declarations, a Copy of this Notice Sent to: Commissioner, Dep't of Environmental Conservation, 50 Wolf Road, Albany, NY 12233-0001 NYSDEC Region 1, SUNY, Building 40, Stony Brook, NY 11790 Supervisor, Town of Southold, Town Hall 53095 Route 25, Southold, NY 11971 Applicant (if any) Other Involved Agencies (if any) REASONS SUPPORTING THIS DETERMINATION: The purpose of the amendment is to allow the use of historic buildings located in the AC, R-40, R-80, R-120, R~200, R-400 and HD zoning districts, particularly those identified on the State and National Registers of Historic Places, to permit, through special exception, the use of the building for community events, professional offices and an apartment. The density, bulk and area regulations for these uses districts will not be changed. The action will not result in a significant adverse change in existing air quality. The proposed amendments to the use of existing historic buildings in the AC, R- 40, R-80, R-120, R-200, R-400 and HD zoning districts will not change the number or size of dwelling units that could otherwise be constructed. No adverse air quality impacts are anticipated as a result of the proposed amendments. No negative impacts to surface or ground water features will result from the proposed action. Re-use of historic buildings permitted under the amendments would continue to be required to adhere to all applicable Department of Health regulations and requirements. All subsurface sanitary disposal systems must still be approved by' the Suffolk County Department of Health. As a result, the proposed amendments will not result in any significant adverse impacts to the Town's surface or ground water features. New long term, permanent noise impacts are not anticipated. Once again, the adoption of the amendments allows for additional uses within existing historic buildings. The office and apartment uses will not result in any noise impacts. Community events, which may result in short term noise impacts, will be controlled through the special exception process and the imposition of appropriate controls and limitations. The proposed action will therefore, not result in adverse noise impacts. The project will not create any new flooding impacts. The amendments address uses in existing historic strictures. As a result, no new construction in flood prone areas will be allowed by this action. New development must comply with all applicable development regulations, including compliance with flood damage and prevention provisions. The adoption of the amendments will not result in any new significant flooding impacts. As previously noted, the adoption of the amendments will not result in an increase in any overall development yield opportunities beyond that which already exists under current zoning and land use controls. New uses in the existing historic buildings may modify existing traffic generation rates and/or traffic patterns somewhat. These potential changes will be reviewed on a case by case basis during the special exception and site plan reviews. Appropriate controls, limitations and mitigation measures will be imposed as necessary. It can therefore be anticipated that the adoption of the proposed amendments will not result in a significant adverse impact to existing traffic conditions. 6. The proposed amendments will not result in a substantial change to existing solid waste generation. Existing and future solid waste generated will continue to be disposed of in accordance with existing Town procedures. 7. The proposed amendments address permissible uses within existing historic buildings. The amendments will have no effect on new constriction or additional development. As a result, the proposed action will have no significant negative impact to vegetation. 8. As noted above, the amendments address permissible uses within existing historic buildings. The amendments will have no effect on new constriction or additional development. As a result, no impacts are anticipated to rare, threatened or endangered species of animals, or the habitat of such species. 9. The proposed action does not create a material conflict with the community's current development plans or goals. 10.The proposed amendments address the use of existing historic buildings. The three new permitted use categories, office, one residential apartment and community events, can be easily accommodated within existing buildings without radical alterations. Therefore, the ability to continue to use historic buildings in an economically viable manner will serve to assure that the buildings remain intact. Individual alterations will be reviewed during the course of site plan and special exception review to assure that all alterations are done in a historically sensitive manner and in accordance with the Secretary of the Interior's Standards. As a result, the proposed amendments are not anticipated to result in ay adverse impacts to historical or archaeological, resources. Il.Varying the uses within existing historic buildings is not expected to result in adverse aesthetic impacts. However, if concerns do arise, site plan and special exception use review provides a mechanism to assure that adverse impacts do not occur. 12.The proposed action will not result in as a major change in the quantity or type of energy currently used. The overall development yield of the Town will remain unchanged as a result of the adoption of the amendments. No significant adverse environmental impacts are anticipated. 13.The proposed adoption of the amendments will not create a hazard to human health. 14.This action will not result in changes in two or more elements of the environment, which alone would not have as a significant effect on the environment, but when considered together, would result in as a substantial adverse impact on the environment. SEQR 6t 7.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purl: ,se: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be si lificant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a pmj~ that are subjective or unmeasurable. It Js also understood that those who determine significance may have little or no formal kno~ ;dge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one rticular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has t ~en orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Pe[ 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. P; t 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. P~ rt 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE -- Type '1 and Unlisted Actions I, lentify the Portions of EAF completed for this project: [] Part 1 [] Part 2 [] Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: A. The project will not resuh in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared, Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* [] C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Use of Historic Buildings in Residential Districts Name of Action Town of Southold - Town Board Name of Lead Agency Joshua Y. Horton Supervisor Print/er Type Name of Responsible Office in Lead Agency Title of Responsible Officer [ .._._ /~ianatu~'-e~f R!s~l o~sTb/e O~(~lC~A en Signature of Preparer (If different from responsible officer) /~g p' ~ g cy November 2005 Date PART 1 - PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION Use of Historic Buildings in Residential Districts LOCATION OF ACTION AC, R-40, R-80, R-120, R-200, R-400 and HD zoning districts NAME OF APPLICANT/SPONSOR Town of Southold ADDRESS Town Hall, 53095 Route 25 CITY/PO Southold NAME OF OWNER(if different) BUSINESS TELEPHONE (631) 764-1939 STATE ~ ZIP CODE New YorkI 11971 BUSINESS TELEPHONE ADDRESS CiTY/PO STATE [ ZIP CODE DESCRIPTION OF ACTION This action involves amending the use regulations of the AC, R-40, R-80, R-120, R-200, R-400 and HD zoning districts to allow the use of historic buildings, particularly those identified on the State and National Registers of Historic Places, to permit, through special exception, the use of the building for community events, professional offices and an apartment. Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: [] Urban [Industrial [] Commercial [] Residential(suburban) E~Rural(non-farm) [] Forest [] Agriculture [-]Other Total acreage of project area: Approximately 41,119 acres APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc Wetland(Freshwater or tidal as per Articles 24,25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) (Park Open Space) PRESENTLY AFTER COMPLETION 5,700 acres 5,700 acres 5,990 acres 5,990 acres 14,329 acres 14,329 acres N/A N/A N/A N/A N/A N/A 11,900 acres 11,900 acres 3,200 acres 3,200 acres 5. Approximate percentage of proposed project site with slopes: [] 0-10% 40% []15% or greater What is predominant soil type(s) on project site? Carver-Plvmouth-Riverhead, Haven-Riverhead Associations a. Soil drainage: []Well drained 40% of site [] Moderately well drained 40% of site [] Poorly drained 20% % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group I through 4 of the NYS Land Classification System? -0- acres (See 1 NYCRR 370). Are there bedrock outcroppings on project site? []Yes [] No a. What is depth to bedrock? 600' - 1,000' (in feet) []10-15% 40% 2O% 6. Is: project substantially contiguous re, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? [] Yes [] No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? [] Yes [] No 8. What is the depth of the water table? ~ 5' (in feet) 9. Is site located over a pdmary, principal, or sole source aquifer? [] Yes [] No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? [] Yes [] No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? [] Yes [] No According to New York State Natural Heritaqe Inventory Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) [] Yes [] No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? [] Yes []No If yes, explain local parks and o~en spaces 14. Does the present site include scenic views known to be impodant to the community? [] Yes []No 15. Streams within or contiguous to project area: Mattituck Creek a. Name of Stream and name of River to which it is tributary Lonq Island Sound. Peconic Bav 16. Lakes ponds, wetland areas within er contiguous to project area: a. Name Laurel Lake. Maratooka Pond. Great Pond. Hashamomomuck Pond b, Size (In acres) 17. Is the site served by existing public utilities? [] Yes []No a) If Yes, does sufficient capacity exist to allow connection? [] Yes [] No [] N/A b) If Yes, will improvements be necessary to allow connection? [] Yes [] No [] N/A 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? [] Yes []No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR6177 [] Yes []No 20. Has the site ever been used for the disposal of solid or hazardous wastes? [] Yes [] No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned er controlled by project sponsor N/A b. Project acreage to be developed: 41,119 acres initially; 41,119 acres ultimately. c. Project acreage to remain undeveloped N/A d. Length of project, in miles: N/A (if appropriate). e. Jf the project is an expansion, indicate percent of expansion proposed N/A %. f. Number of off-street parking spaces existing N/A ; proposed N/A . g. Maximum vehicular trips generated per hour N/A h. If residential, Number and type of housing units: N/A One Family (2) Two Family Initially Ultiumately Multiple Family Condominium I. Dimensions (in feet) of largest proposed structure__ height; width; j. Linear feet of frontage along a public thoroughfare project will occupy is? N/A ft. length 2. How much natural material (i.e., rock, earth, etc.)will be removed from the site? -0- tons/cubic yards. 3. Will disturbed areas be reclaimed? [] Yes [] No [] N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? [] Yes [] No c. Will upper subsoil be stockpiled for reclamation? [] Yes [] No 4. How many acres of vegetation (trees~ shrubs, ground covers) will be removed from site? N/A 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? [] Yes [] No [] N/A 6. If single phase project: Anticipated pedod of construction N/A 7. If multi-phased: a. Total number of phases anticipated N/A (number). b. Anticipated date of commencement phase 1 month c. Approximate completion date of final phase month d. Is phase 1 functionally dependent on subsequent phases? 8. Will blasting occur during construction? [] Yes [] No [] N/A 9. Number of jobs generated: during construction N/A ; after project is complete? 10. Number of jobs eliminated by this project? 0 '11. Will project require relocation of any projects or facilities? [] Yes [] No If yes, explain '12. Surface liquid waste disposal involved? [] Yes [] No a. If yes, indicate type of waste (sewage, industrial, etc.) end amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? [] Yes [] No Type '14. Will surface area of an existing water body increase or decrease by proposal? [] Yes Explain 15. Is project, or any portion of project, located in a 100 year flood plain? [] Yes 16. Will the project generate solid waste? [] Yes [] No a. If yes, what is the amount per month? tons. b. If yes, will an existing solid waste i~acility be used? [] Yes [] No c. If yes, give name __; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain 17. Will the project involve the disposal o[ solid waste? [] Yes [] No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site rife? years. '18. Will project use herbicides or pesticides? [] Yes [] No '19. Will project routinely produce odors (more than one hour per day)? [] Yes 20. Will project produce operating noise exceeding the local ambient noise levels? [] Yes 21. Will project result in an increase in energy use? [] Yes [] No If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity N/A gallons/minute. 23. Total anticipated water usage per day N/A gallons/day. 24. Does project involve Local, State or F~deral funding? [] Yes ~ No If yes, explain months, (including demolition). year,(including demolition). .year. [] Yes [] No N/A [] No [] No [] Yes [] No [] No [] No 25. Approvals Required: City, Town, Village Board [] Yes [] No City, Town, Village Planning Board [] Yes [] No City, Town Zoning Board [] Yes [] No City, County Health Department [] Yes [] No Other LocalAgencies [] Yes [] No Other Regional Agencies [] Yes [] No State Agencies [] Yes [] No Federal Agencies [] Yes [] No Type Local Law Submittal Date C. ZONING and PLANNING INFORMATION 1. Does proposed action involve a planning or zoning decision? [] Yes [] No If Yes, indicate decision required: [] zoning amendment [] zoning variance [] special use permit []subdivision [] new/revision of master plan [] resource management plan [] other [-]site plan 2. What is the zoning classification(s) of the site? AC, R-40, R-80, R-120, R-200, R-400 and HD zonin{3 districts 3. What is the maximum potential development of the site if developed as permitted by the present zoning? No Change 4. What is the proposed zoning of the site? N/A 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? The amendments will not change the existin¢l deneitv, bulk or area zonino re;lulations of the AC. R.40,R-80, R-'I20, R-200, R-400 and HD zoning districts. The amendment ;3rovides for additional uses within exisfin¢3 historic buildings. 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? [] Yes [] No 7. What are the predominant land use(s) and zoning classifications within a 1/4 mile radius of proposed action? Commercial, Residential, Recreational, A~ricultural. Open Sl~ace 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? [] Yes [] No 9. If the proposed action is the subdivisien of land, how many lots are proposed? N/A a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? [] Yes [] No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? [] Yes [] No a. If yes, is existing capacity sufficient to handle projected demand? [] Yes [] No [] N/A 12. Will the proposed action result in the generation of traffic significantly above present levels? [] Yes [] No a. Jf yes, is the existing road network adequate to handle the additional traffic? [] Yes [] No [] N/A D. Informational Details Attach any additional information as may be needed to clarify your project. If there are, or may be, any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. ApplicantJSponsor Name Town of Southold Date November. 2005 Signature Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Part 2 .. PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) · In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. · Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. · The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. The number of examples per question does not indicate the importance of each question. · In identifying impacts, consider long term, short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box(column I or 2)to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. Impact on Land 1. Will the Proposed Action result in a physical change to the project site? [] NO ~-~YES Examples that would apply to column 2 · Any construction on slopes of 15% er greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%, · Construction on land where the depth to the water table is less than 3 feet. · Construction of paved parking area for 1,000 or more vehicles. · Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. · Construction that will continue for more than 1 year or involve more than one phase or stage. · Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. · Construction or expansion of a santary landfill. · Construction in a designated floodway. · Other impacts: 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) [] NO J-]YES · Specific land forms: 1 2 3 Small to Potential Can impact Be Moderate Large Mitigated By impact Impact Project Change [] [] [] Yes [] NO [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] NO [] [] [] Yes [] No [] [] [] Yes [] NO [] [] [] Yes [] No [] [] [] Yes [] No Impact on Water 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) [] NO [~YES Examples that would apply to column 2 · Developable area of site contains a protected water body, · Dredging mom than 100 cubic yards ef material from channel of a protected stream. · Extension of utility distribution facilities through a protected water body. · Construction in a designated freshwater or tidal wetland. · Other impacts: Small to Moderate Impact 2 3 Potential Can Impact Be Large Mitigated By Impact Project Change [] [] Yes [] No [] [] Yes [] NO [] [] Yes [] No [] [] Yes [] No [] [] Yes [] No 4. Will Proposed Action affect any nompmtected existing or new body of water? [] NO E]¥ES Examples that would apply to column 2 · A 10% increase or decrease in the surface ama of any body of water or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres of surface area. · Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity? [] NO []YES Examples that would apply to column 2 · Proposed Action will require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. · Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. · Construction or operation causing any contamination of a water supply system, · Proposed Action will adversely affect groundwater. · Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20,000 gallons per day. · Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that them will be an obvious visual contrast to natural conditions, · Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. · Proposed Action will allow residential uses in areas without water and/or sewer services. · Proposed Action locates commemial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. · Other impacts: 6. Will Proposed Action alter drainage flow or patterns, or surface water runoff? [] NO ~]YES Examples that would apply to column 2 · Proposed Action would change flood water flows [] [] Yes [] No [] [] Yes [] NO [] [] Yes [] NO [] [] [] Yes [] NO [] [] [] Yes [] NO [] [] [] Yes [] NO [] [] [] Yes [] No [] [] [] Yes [] NO [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] Yes [] No · Proposed Action may cause substantial erosion. · Proposed Action is incompatible with existing drainage patterns. · Proposed Action will allow development in a designated floodway. · Other impacts: IMPACT ON AIR 7. Will Proposed Action affect air quality? [] NO [~YES Examples that would apply to column 2 · Proposed Action will induce 1,000 or more vehicle trips in any given hour. · Proposed Action will result in the incineration of more than 1 ton of refuse per hour. · Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. · Proposed Action will allow an increase in the amount of land committed to industrial use. · Proposed Action will allow an increase in the density of industrial development within existing industrial areas. · Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? [] NO [--]YES Examples that would apply to column 2 · Reduction of one or more species listed on the New York or Federal list, using the site, over or near the site, or found on the site. · Removal of any portion of a critical or significant wildlife habitat. · Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. · Other impacts: 9. Will Proposed Action substantially affect non-threatened or non-endangered species? [] NO [~YES Examples that would apply to column 2 · Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. · Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. · Other impacts: IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? [] NO r']YES Examples that would apply to column 2 · The Proposed Action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc,) 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change [] Yes [] No [] Yes [] NO [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] NO [] Yes [] No · Construction activity would excavate or compact the soil profile of agricultural land. · The Proposed Action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. · The Proposed Action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff). · Other impacts: 1 Small to Moderate Impact 2 3 Potential Can Impact Be Large Mitigated By Impact Project Change [] [] Yes [] NO [] [] Yes [] No [] [] Yes [] No [] [] Yes [] No IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic: resources? [] NO []YES (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) Examples that would apply to column 2 · Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. · Proposed land uses, or project components visible to users of aesthetic resoumes which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. · Project components that will result in the elimination or significant screening of scenic views known to be important to the area. · Other impacts: [] [] Yes [] No [] [] Yes [] No [] [] Yes [] NO [] [] Yes [] No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? [] NO []YES Examples that would apply to column 2 · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. · Any impact to an amhaeological site or' fossil bed located within the project site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. · Other impacts: [] [] [] [] [] Yes [] NO [] [] Yes [] NO [] [] Yes [] NO [] [] Yes [] NO IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quanti[y or quality of existing or future open spaces or recreational opportunities? [] NO []YES Examples that would apply to column 2 · The permanent foreclosure of a future recreational opportunity. · A major reduction of an open space important to the community. · Other impacts: [] [] [] [] [] Yes [] NO [] [] Yes [] NO [] [] Yes [] No 9 IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. wifl Proposed Act[on impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.14(g)? [] NO [~YES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 · Proposed Action to locate within the CEA? · Proposed Action will result in a reduction in the quantity ofthe resource? · Proposed Action will result in a reduction in the quality ofthe resource? · Proposed Action win impact the use, function or enjoyment of the resource? · Other impacts: 1 Small to Moderate Impact 2 3 Potential Can Impact Be Large Mitigated By Impact Project Change [] [] Yes [] No [] [] Yes [] No [] [] Yes [] NO [] [] Yes [] NO [] [] Yes [] No IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? [] NO r-lYES Examples that would apply to column 2 · Alteration of present patterns of movement of people and/or goods. · Proposed Action will result in major traffic problems. · Other impacts: [] [] Yes [] No [] [] Yes [] No [] [] Yes [] No IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? [] NO []YES Examples that would apply to column 2 · Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. · Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. · Other impacts: [] [] Yes [] No [] [] Yes [] No [] [] Yes [] No NOISE AND ODOR IMPACT 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? [] NO []YES Examples that would apply to column 2 · Blasting within 1,500 feet of a hospital, school or other sensitive facility. · Odors will occur routinely (more than one hour per day). · Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. · Proposed Action will remove natural barriers that would act as a noise screen. · Other impacts: [] [] Yes [] No [] [] Yes [] NO [] [] Yes [] NO [] [] Yes [] NO [] [] Yes [] No 10 IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? [] NO E]YES Examples that would apply to column 2 · Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic Iow level discharge or emission. · Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) · Storage facilities for one million or more gallons of liquefied natural gas or other flammable liquids. · Proposed Action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. · Other impacts: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? [] NO [~YES Examples that would apply to column 2 · The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. · The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. · Proposed Action will conflict with officially adopted plans or goals. · Proposed Action will cause a change in the density of land use. · Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the cornmunity. · Development will create a demand for additional community services (e.g. schools, police and fire, etc.) · Proposed Action will set an important precedent for future projects. · Proposed Action will create or eliminatE; employment. · Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] NO [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No 20, Is them, or is them likely to be, public controversy related to potential adverse environment impacts? [] NO []YES 11 If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions (rf you need more space, attach additional sheets) Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicabre) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: · The probability of the impact occurring · The duration of the impact · Its irreversibility, including permanently lost resources of value · Whether the impact can or will be controlled · The regional consequence of the impact · Its potential divergence from local needs and goals · Whether known objections to the project relate to this impact. (Continue on attachments) Comprehensive Implementation Strategy - Generic Environmental Impact Statement: A full and complete evaluation of AC, R-40, R-80, R-120, R-200, R-400 and HD zoning districts and the potential impacts associated with the development in these areas is set forth in the 2003 Town of Southold Comprehensive Implementation Strategy, Generic Environmental Impact Statement, and subsequent Findings adopted by the Town Board, and the Town of Southold Hamlet Study, 2005. These documents are hereby incorporated herein by reference. 12 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 # 2005-684 Resolution ID: 1261 Meeting: 10/25/05 07:30 PM Department: Town Clerk Category: Enact Local Law THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-684 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 25, 2005: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of September, 2005 a Local Law entitled "A Local Law in relation to Use of Historic Buildines in Residential Districts" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board hereby ENACTS the Local Law entitled, "A Local Law in relation to Use of Historic Buildings in Residential Districts" which reads as follows: LOCAL LAW NO. 18 2005 A Local Law entitled, "A Local Law in relation to Use of Historic Buildings in Residential Districts". BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Purpose, The Town Board recognizes that the Town's historic buildings, particularly those with national or state status, are an important cultural, historic and architectural resource to Sonthold. The upkeep and maintenance of these buildings is significant and organizations that seek to maintain the buildings in their historic status will be permitted, by special exception from the Board of Appeals, to use the building for community events, professional offices and an apartment. Section 2. Code Amendment. §100-31. Use regulations. In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinaRer provided, and, except for two-family dwellings and the uses set forth in Subsection B(14) hereof, are subject to site plan approval by the Planning Board: (16) Preservation and use of a federal or state desienated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one (1) apartment, not to exceed a total of three uses per building, l~rovided that such building is owned and maintained by a not-for-profit historic organization. In no event shall there: be more than one (1) apartment per building. {}100-42. Use regulations. In the HI) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (5) Preservation and use of a federal or state desienated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one (1) apartment, not to exceed a total of three uses per building, provided that such building is owned and maintained by a not-for-profit historic organization. In no event shall there be more than one (1) apartment per building. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jtmsdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk Page 2 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 3, 2005 Certified Mail New York State Department of State State Records and Law Bureau 41 State Street Albany, NY 12231 RE: Local Law Numbers 18 of 2005 Town of Southold, Suffolk County Dear Sirs: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law Number 18 of 2005 of the Town of Southold suitable for filing in your nffice. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Enclosures cc: Town Attorney Very truly yours, Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 3, 2005 Attention: Shirley Flint Code Supplementation General Code Publishers Corp. 72 Hinchey Road Rochester, NY 14624 Re: Town of Southold Code Local Law Numbers 18 of 2005 Dear Ms. Flint: Transmitted herewith please find the Local Law Numbers 18 of 2005. Please make the appropriate amendments to the Southold Town Code. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures cc: Town Attorney NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 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. 18 2005 A Local Law entitled, "A Local Law in relation to Use of Historic Buildings in Residential Districts". BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Purpose. The Town Board recognizes that the Town's historic buildings, particularly those with national or state stares, are an important cultural, tfistoric and architectural resource to Southold. The upkeep and maintenance of these buildings is significant and organizations that seek to maintain the buildings in their historic status will be permitted, by special exception from the Board of Appeals, to use the building for community events, professional offices and an apartment. Section 2. Code Amendment. §100-31. Use regulations. In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as ,special exception by the Board of Appeals, as hereinafter provided, and, except for two-family dwellings and the uses set forth in Subsection B(14) hereof, are subject to site plan approval by the Planning Board: (16) Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one (1) apartment, not to exceed a total of tkree uses per building, provided that such building is owned and maintained by a not-for-profit historic organization. In no event shall there be more than one (1) apartment per building. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev. 11/99) §100-42. Use regulations. In the HD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (5) Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one (1) apartment, not to exceed a total of three uses per building, provided that such building is owned and maintained by a not-for-profit historic organization. In no event shall there be more than one (1) apartment per building. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. · · (Complete the certificatlon in the paragraph that applies to the filing 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. 18 of 20 05 . of the (Coun~)O(Gity)(Town) (V~P.:.gz) of SOUTHOLD was duly passed by the TOWN BOARD on October 25 ,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 alter 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)(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 ~ed requesting referendum.) I hereby certify that the local law snnexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the mi 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, thc mayor of a city or village, or thc 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 Charter revision 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 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 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 original on file in this office and that the same is a correct transcript therefi'om and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. CI legislative bbdy. or Village Clerk or officer designated by local legislative bOdy Elizabeth A. Neville, Town Clerk (Seal) Date: __November 3, 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 ~ntains the correct~te.~ have been had or taken for the enactment of the local law ann.~e,,d~ Patricia A. Finnegan, Es, Title ad that all proper proceedings ~orne¥ Town of SOUTHOLD Date: November 3, 2005 ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF iNFORMATION OFFICER {~Fown Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (63 I) 765-6145 Telephone: (631) 765-1800 southoldtown.northfork.net RESOLUTION # 2005-6841 Resolution ID: 1267 Meeting: 10/25/05 07:30 PM Department: Town Clerk Category: Enact Local Law THIS IS TO CERTIFY THAT THE FOLLOW-lNG RESOLUTION NO. 2005-6841 OF 2005 WAS DEFEATED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 25, 2005: RESOLVED that the Town Board of the Town of Southold hereby amends "A Local Law In Relation to Use of Historic Buildines In Residential Districts" to include the words "as lone as oarkine is orovided on site". Elizabeth A. Neville Southold Town Clerk ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ~own Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765-1800 southoldtown.northfork.net RESOLUTION # 2005-678 Resolution ID: 1258 Meeting: 10/25/05 07:30 PM Department: Town Clerk Category: L W R P THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-678 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 25, 2005: WHEREAS the Town Board of the Town of Southold has proposed Local Law entitled "A Local Law in relation to Use of Historic Buildings in Residential Districts", and WHEREAS the Town Board of the Town of Southold adopted a negative declaration under the SEQRA roles and regulations relating to the proposed Local Law, and WHEREAS the Town Board is in receipt of the Town of Southold Local Waterfront Revitalization Program (LWRP) Consistency Coordinator's recommendation that the proposed Local Law is consistent with the Town of Southold LWRP, now therefor be it RESOLVED by the Town Board of the Town of Southold that the orooosed local law entitled "A Local Law in relation to Use of Historic Buildings in Residential Districts" is consistent with the Town's LWRP and the oolicv ooals stated therein. Elizabeth A. Neville 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 tl 2005-677 Resolution ID: 1257 Meeting: 10/25/05 07:30 PM Department: Town Clerk Category: Seqra THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-677 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 25, 2005: WHEREAS, the Town Board of the Town of Southold is conducting an uncoordinated SEQR Review of an Unlisted Action involving an amendment to Chapter 1002 of the Code of the Town of Southold, regarding the use regulations in the AC, R-80, R-120, R-200, R-400 and HD zoning districts and historic buildings; and WHEREAS, the purpose of the amendment is to allow the use of historic buildings, particularly those identified on the State and National Registers of Historic Places, to permit, through special exception, the use of the building for community events, professional offices and an apartment. The density, bulk and area regulations for these uses districts not be changed. NOW THEREFORE BE IT RESOLVED, that pursuant to Part 617 of the SEQR Regulations, the Town Board of the Town of Southold hereby designates itself as the Lead Agency for the SEOR Review of this Unlisted Action. BE IT FURTHER RESOLVED, that pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, the Lead A~,encv has determined that the l~rOl~osed Unlisted Action will not have a significant adverse effect on the environment for the reasons enumerated in the attached Negative Declaration Form. Elizabeth A. Neville Southold Town Clerk OCOUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES, AICP DIRECTOR OF PLANNING October 24, 2005 Ms. Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Applicant: RECEIVED Southold Town Clerk ]'own o£ Southold Zoning Action: Amenchnent to Section 100-31 and 100-42 "Historic Buildings in Residential Districts" Public Hearing Date: 10/25/05 SCPC File No.: SD-05-10 Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application, 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 J~~r '~t~r~'~'~DirectOr of PI?~~"~~ ~TLndrew P. Frelen ,~I~t~ Chief Planner APF:cc G:\CCHORNY~ZONING'~.ONING\WORKING\LD2005~PRISH05-9 APR LOCAIION MAILING ADDRESS H. LEI-- DENNISON BLDG. - 4TH FLOOR · P. O, BOX 6100 (631} 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 PLANNING BOARD MEMBERS JER1LYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of Southold Town Board Kieran Corcoran, Assistant Town Attorney From: Mark Terry, Senior Environmental Planner LWRP Coordinator MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED Date: October 24, 2005 Soufhold Town Re: "A Local Law in Relation to Use of Historic Buildings in Residential Districts" The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to me, it is my determination that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRPo Pursuant to Chapter 95, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Patricia Finnegan, Town Attorney ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Gown Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631 ) 765-1800 southoldtown.northfork.net RESOLUTION # 2005-612 Resolution ID: 1191 Meeting: 09/27/05 07:30 PM Department: Town Attorney Category: Legislation THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005~612 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 27, 2005: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the I~rOl~osed Local Law entitled, "A Local Law in Relation to Use of Historic Buildings in Residential Districts", to the Southold Town Plannin~ Board and thc Suffolk County Plannine Commission for comments and recommendations. Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE NOTICE OF PI.[8I,IC NOTICE .IS HEREBY GIVEN, there has been present- ed to the Town Board of the Town of Southold, Suffolk County, New York, on-the 27th day of September, 2005 a Local Law entitled "b I.~*~ I~w jn relation to Use of Historic Buildi~l~S in Reside~ial NOTICE IS HEREBY FUR- TILER GIVEN that the Town Board of the Town of $outhold will hold · i~ 'h~'q~q on the alror~*tdL~,~l Law at the Southold Town H~II. S3095 Main Road. So~tho~, N~w York on the 25th day of O~tobe~. 2005 at 8:00 i~m. at which time all interested persons will be given an opportunity to be heard. · The proposed Local Law enti- tied, "& Lo~l L~w in to Un o! Historic B~ilai~ in Residential Di~ieW' _read~ as follows: LOCAL LAW NO. A Local Law entitled, "A Local Law in rdatinn to Use of Historic Buildings in Residential Districts". BE IT ENACTED by the ~Yown Board of the Town of Southold as follows: Section 1. Purpose. The Town Board recognizes that the Town's historic build- ings, particularly those with national or state status, are an imp.o, rtant cultural, hiswric and afcAitectural ' resource to Southold. The upkeep, and maintenance of these braidings is significant and organizations that seek to maintain the build- ings in their historic status will be permitted, by special excep- tion from the Board of Appeals, to use the building for communi- ty events, professional offices and an apartment. Section 2. Code Amendment. In100-31. Use regulations. ~ A-C, R-80, R-120, R-200 and R400 Districts, no building or p~mises shall be used and no building or part .of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by spe- cial exception by the Board of Appeals. The fo[lowing uses are permitted as special exception by COUNTY OF SUFFOLK the Board of Appeals, as here- - {5/ Preservation and nag of a inafier provided, and, except for federal or state dasi~n.t~ his- two-family dwellings and the toric building for the purpose of uses set forth in Subsection l~osting community events. B(14) hereof, are subject to site together with the use of part of plan apliroval by the Planning such building for professional Board: offices and/or one U)aoartment. (16) Preservation and use of a not to exceed a total of throe uses federal or state dasi, gp~ted his- per buildln~f provided that such toric building for the l~llgose of' building is ov~ed and main- hostiRg community events, rained by a not-for-profit historig Wgetber with the me of part of organization. In no event shall sneh building for professional there be r0ore than one (D apart- offices and/or one (1'~ apartmefiL ment per building. pot to exceed a total of three uses m. SEVERABILITY per building, provided that such building is owned aild main- tained by a not-for-profit historic organization. In no event shall there be more than one (1) apart- ment per building. §10042. Use regnlations. In the HD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: B. Uses permitted by spe- cial exception by the Board of Appeals. The following uses 9re permitted as a special exception by the Board of Appeals, as here- inaf~ar provided, and subject to site .olan approval by the Planm~g Board: If any clause, sentm~ce, para- graph, section, or part of this Local Law shall be adjudged by any court of competent jurisdic- tion to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be uncoustitut~onal or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as PrDOvided by law. ated: September 27, 2005 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 1X 10/13/05 (144) No. 01 HA5059984 Qualified in Suffolk County Commission expires May 06, 2006 LEGAL NOTICE NOTICE OF PUBLIC NOTICE IS HEREBY GIVEN, them has been present- ed to the Town Board- of the Towja of Southold, Suffolk County, New York, on-the 27th day of September, 2005 a Local Law entitled "A Local Law jn relation to Use of Historic Buildings in Residential NOTICE IS HEREBY FUR- THER GIVEN that the Town Board of the Town of S'outhold will hold apublfi: .heartnl, on the aforelnldL~w~l Law ai the Southold Town ltall. 53095 Main R~sd. Solltho]d. New York- on the 2$th day of October. 2005 at 8:00 I} m. at which time all interested persons will be given an opportunity to be heard. . The, proposed Local Law enti- tled, A Lo~e! Law in l~lntion to Use of Historic ]}uildlu~o~ in Residential Distriets" reacts as follows: LOCAL LAW NO~ 2005 A Local Law entitled, ;'A Local Law in relation to Use of COUNTY OF SUFFOLK -O) Preservation and t~qe of. a FATE OF NEW YORK ss: Hit fe~'i~fl or state desi~,~t~d his-ancy M. Mclaughlin, being duly Dff ~ric bnildi~g for the pu~ose of 'To~ hosting community events, vorn, says that she is the Legal logetlxer with the use of 1~n of flvertising Coordinator, of the Traveler S~ ~uqh b~fildiRg for professional T offices spa/or one (1) al~nment- 'atchman, a public newspaper printed tl~ not to exeeod a total ofVaree uses Southold, in Suffolk Cotmty; and that · . ~ builclil~, provided that such ~at,~ b~ilfliRg Is owned apd main- ~ notice of which the annexed is a ~amedby anot-for-profithistori~ inted copy, has been published in said ~n~.~, op~mi~fition. In no event shall So,~ there be mom than one O~ ~art- 'aveler Watchman once each week ma pnent per buildinm . r....[ ....... week(s) ~, successively, is ~ m. SEVERABILITY e,ncing,on the..J.~ ........... day of it~a'g~If any clause, sentence, para- graph, section, or part of this .l~,J~(O~ ............ ,2005. Local Law shall be adjmt, g~d..by tio~ any court of competent.junsatc- ~ .............. ~ ........... to uI: fion to be invalid, the judgment shall not affect the validity of ~and this law as a whole or any part S g thereof other than the part so ~o decided to be unconstitutional or o~ invalid. ',o_m. t.o b, efore me this..['~....day of IV. EFFECTIVE DATE This Local Law shall take .~.'t. 0.~..[..~.~......., 2005. effect inunediately upon filing .sha~: providedwith the bySe~mtarYlaw, of State as *'-----~.=~ (~,~:' '~ TOWN BOARD OF THE Notary Public }~l~ By ORDER OF THE B~e- TOWN OF sOUTHOLD Elizabeth Neville ~}th~ Town Clerk IX 10/13/05 (144) tinily ltamfil ~ .... -~- s~ .... ,~1 - ~RI~ NOTARy PUBLIC, State of New York No. 01 HAft059984 Qualified in Suffolk County Commission expires May 06, 2006 SOUTHOLD TOWN BOARD PUBLIC HEARING October 25, 2005 "A LOCAL LAW IN RELATION TO USE OF HISTORIC BUILDINGS IN RESIDENTIAL DISTRICTS" COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 27th day of September, 2005 a Local Law entitled "A Local Law in relation to Use of Historic Buildines in Residential Districts" AND NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearine on the aforesaid Local Law at the South old Town Hall. 53095 Main Road. Southold. New York. on the 25th day of October. 2005 at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Use of Historic Buildines in Residential Districts" reads as follows: LOCAL LAW NO. 2005 A Local Law entitled, "A Local Law in relation to Use of Historic Buildings in Residential Districts". BE IT ENACTED by the Town Board of the Town of South old as follows: Section 1. Purpose. The Town Board recognizes that the Town's historic buildings, particularly those with national or state status, are an important cultural, historic and architectural resource to Southold. The upkeep and maintenance of these buildings is significant and organizations that seek to maintain the buildings in their historic status will be permitted, by special exception from the Board of Appeals, to use the building for community events, professional offices and an apartment. Section 2. Code Amendment. 9100- 31. Use regulations. In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for two-family dwellings and the uses set forth in Subsection B(14) hereof, are subject to site plan approval by the Planning Board: (16) Preservation and use of a federal or state designated historic building for the purpose of hosting communitv events. together with the use of part of such building for professional offices and/or one (1) apartment. not to exceed a total of three uses per building. provided that such building is owned and maintained bv a not-for-profit historic organization. In no event shall there be more than one (1 ) apartment per building. SlOO-42. Use regulations. In the HD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the PI arming Board: (5) Preservation and use of a federal or state designated historic building for the purpose of hosting communitv events, together with the use of part of such building for professional offices and/or one (1) apartment. not to exceed a total of three uses per building, provided that such building is owned and maintained bv a not-for-profit historic organization. In no event shall there be more than one (1) apartment per building. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. That is in the use regulations, that same language is essentially repeated. I think it is verbatim in the use part as well. In effect, what we are, if this law is enacted, what it would do would be to allow those organizations which own and operate an historic building that is listed on the state or federal registers and they could use them for hosting community events and also have one apartment and or one office. That is what this would permit. There are other things here, it has appeared as a legal notice in the Traveler-Watchman newspaper, this legal notice has appeared in the Town Clerk's bulletin board outside the room and I have several communications. One of them is from Jerilyn Woodhouse, the chair of our Planning Board dated October 24th. "The Plarming Board recommends approval of this referenced law with consideration to the following comment: We could require that parking for the community event be on-site and not within a public right of way." I have also a notice from the County, which I can't put my fingers on but essentially says that this is a matter of local determination and the county does not have an opinion one way or the other. And I have notice from our L WRP coordinator that states "It is my determination that the proposed action is consistent with the policy standards and therefore is consistent with the L WRP." And I believe that is all I have on this. SUPERVISOR HORTON: Thank you, Councilman Wickham. Would anybody care to address the Town Board on this matter? Yes, former Councilwoman Hussie. ALICE HUSSIE: Good evening, Alice Hussie, Southold but wearing my Brecknock Hall hat. I am thanking you for passing this law or this code change.... COUNCILMAN ROMANELLI: We didn't do it yet. MS. HUSSIE: ...I am going to be thanking you anyway. Well, that it is on the docket, let's say that. And not only for Brecknock Hall but for other historic buildings that may be in that condition. It is absolutely imperative as far as Brecknock Hall is concerned because it would be impossible to operate that place without some income. It is an 8,000 square foot building, it needs heat, in this day and age you can imagine what that is going to cost and electricity. So that when we run it, if we can, for a public events office and an apartment, we would need that income. As you know and what was mentioned in the reading, we were designated as historic designation from both the state and the federal government which we are very proud of, and it is very good because with an historic designation you can't really do much alteration and that is fine because we do not want to alter anything, the inside Brecknock Hall is being maintained exactly as it is now, the rooms will not be, some of the places where they put up little wooden partitions will be taken down; the main floor plan will be kept the same. We've already had two requests for wedding receptions and one for a chamber concert but of course, we couldn't do anything about them because we are not ready for that sort of thing. We are not going into the catering business. We are going to put in a kitchen that will serve as a clean-up place and maybe heating something in an oven. But we don't know how to cater, we don't want to, we don't have any experience; this is going to be available for outside caterers. There is just one thing I have a problem with and that is on the part that says and/or an apartment. Could you clarify that, somebody? Or perhaps Ms. Finnegan could do that? SUPERVISOR HORTON: I will clarify that for you, Alice. And Pat, if I start to go astray, feel free to jump in. But the and/or allows, in the instance of office/apartment, if it said office and apartment, that would require that if you came for this permit, you would have to do both. This allows the applicant to request an apartment or the office or both. That is the intent of it, that is how that law will be interpreted and let the record of this public hearing reflect that moving forward, should there be question in the future. MS. HUSSIE: Thank you. You didn't need any help, either. COUNCILMAN WICKHAM: Alice? MS. HUSSIE: Yes? COUNCILMAN WICKHAM: Would Brecknock Hall be able to comply with the Planning Board's proposal to require that parking for the event be on-site and not within the public right of way? MS. HUSSIE: yes. There is no problem with that at all. As you probably know, some of you were there when Eastern Long Island Hospital had it's gala in August and we parked the cars over in front of the barn and in back of Brecknock Hall. So there was no problem. There is many acres of nothing. COUNCILMAN ROSS: I will make a motion to amend the proposed law to provide that... COUNCILMAN WICKHAM: The Planning Board's proposal? COUNCILMAN ROSS: ...the Planning Board's proposal. COUNCILMAN WICKHAM: I would second it. SUPERVISOR HORTON: Well, it is seconded so is there any discussion? COUNCILMAN ROMANELLI: Someone is going to have to read those Planning Board's proposals, hand them down to me. MS. HUSSIE: I will let you do your thing now. SUPERVISOR HORTON: Actually, this is the time to, we are still in the public hearing. So, consider that motion not a motion at this point and we will wait until we adjourn from the public hearing. Are there other comments on this? Yes, Ms. Moore. PATRICIA MOORE: Thank you. In listening to the proposal I think it is a wonderful proposal, I don't think that Brecknock Hall may be the only one that might benefit from it. You might have the Prince Building, the Historical Society in Southold that I know has the Prince Building that has the little retail shop on the first floor but I think the second floor is under utilized and it would seem to me that many of our historic buildings, some of the very beautiful buildings that could have this alternative for generating income. The Planning Board's suggestion may not work, works fine with Brecknock Hall but it may not work so easily with some of the other buildings that are inside the hamlets of Southold or Mattituck or wherever. So it seems to me that that would be something that on a case by case, if it is going through a special permit, would be looking at the parking considerations at the time rather than implementing it as a condition in your code, it is something that the Board considers on any application either through the Zoning Board through a special permit or the Planning Board through a site plan process. And I would urge the Board to always leave flexibility in the law rather than micro-managing in the sense of legislating it, so you can take a situation that we may not be thinking of off the top of our heads but would be a perfect re-use of a building, that is one point. My second point is that if there is any way of getting your intentions known through the state building code or the state building code process, my own, a red flag goes off any time that a re-use of a building, the problem has always been in taking historic structures or even old structures and re-using them because they don't comply with the state building code of today and there are ways in which, certainly there are board ofreview, Building Department board of review issues but if they get a message from a municipality maybe in your own legislation or through whatever communications you have with the state that would enable the re-use of buildings without taking such costly and really undermining your law because to make a building that is 1800's construction even 1900's construction prior to today's standards meet with today's standards particularly for assembly space, which is what they are talking about as a state label, you are going to find or the organization's are going to find real frustration in re-use of these buildings because of the state building code. So if there is anything that you can do, either through legislation, through this code provision or through a memorandum of understanding with the state on state building codes, fire codes; please consider that. Because that has always been the frustration on the re-use of buildings and it is not just for not-for-profit, for any building that tries to re-use. That is an impediment that is commonly found. So I ask you to keep that in mind. Thank you. SUPERVISOR HORTON: Thank you, Pat. We will close this hearing. * * * * * Elizabeth A. Neville Southold Town Clerk