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Home My WebLink AboutTB-12/14/2005 ELIZABETH NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765-1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD SPECIAL MEETING MINUTES December 14, 2005 7:00 PM A Special Meeting of the Southold Town Board was held Wednesday, December 14, 2005 at the Meeting Hall, Southold, NY. Supervisor Horton opened the meeting at 7:00 PM with the Pledge of Allegiance to the Flag. Attendee Name Organization Title Status Arrived William P. Edwards Town of Southold Councilman Present 7:00 PM Daniel C. Ross Town of Southold Councilman Present 7:00 PM Thomas H. Wickham Town of Southold Councilman Present 7:00 PM John M. Romanelli Town of Southold Councilman Present 7:00 PM Louisa P. Evans Town of Southold Justice Absent 7:00 PM Joshua Y. Horton Town of Southold Supervisor Present 7:00 PM Elizabeth A. Neville Town of Southold Town Clerk Present 7:00 PM Patricia A. Finnegan Town of Southold tOWN Attorney Present 7:00 PM Page 1 December 14, 2005 Town of Southold Board Meeting Resolutions 2005-767 CATEGORY: Letter of Credit DEPARTMENT: Town Clerk Approve Acceptance of the North Fork Bank Letter of Credit #3330001258 In the Amount of $60,844.00 for Elysian Field Subdivision RESOLVEDaccepts the Letter of that the Town Board of the Town of Southold hereby Credit No. 050602 issued by the North Fork Bank in the amount of $60,844.00 for the proposed standard subdivision “Elysian Field” located at the north side of State Route 25, approximately 545 feet west of Maple Avenue in Peconic, New York, SCTM #1000-75-2-2 as recommended by the Southold Town Planning Board, all in accordance with the approval of the Town Attorney. Vote Record - Resolution 2005-767 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Seconder ?? Tabled ???????? John M. Romanelli Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-768 CATEGORY: Seqra DEPARTMENT: Town Attorney Determined that “A Local Law In Relation to Size Limitations on Retail Uses” is an Unlisted Action Pursuant to SEQRA, Establish the Town Board As Lead Agency, and Issue a Negative Declaration for This Action WHEREAS , the Town Board of the Town of Southold is conducting an uncoordinated SEQR Review of an Unlisted Action involving amendments to Chapter 100 of the Code of the Town of Southold, regarding limitations on the size of retail uses in the HB and B zoning districts; and Page 2 December 14, 2005 Town of Southold Board Meeting WHEREAS, the purpose of the amendments are to limit the size of retail uses in the HB Hamlet Business and B General Business zoning districts so that new retail development shall be properly integrated into the hamlets in a manner that is compatible with the character of the community, and sustains the business districts, and the amendments also require the provision of rental apartments if larger retail businesses are sought. NOW THEREFORE BE IT RESOLVED , that pursuant to Part 617 of the SEQR Regulations, designates itself as the Lead Agency for the the Town Board of the Town of Southold hereby 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 has determined that the proposed Unlisted Action will Conservation Law, the Lead Agency not have a significant adverse effect on the environment for the reasons enumerated in the Negative Declaration Form. Vote Record - Resolution 2005-768 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William P. Edwards Voter ?? Adopted as Amended ???????? Daniel C. Ross Initiator ?? Defeated ???????? Thomas H. Wickham Seconder ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter Next: Jan 3, 2006 4:30 PM ???????? Joshua Y. Horton Voter 2005-769 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact the Local Law Entitled, “A Local Law In Relation to Size Limitations on Retail Uses” WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 22nd day of November, 2005 a Local Law entitled relation to Size Limitations on Retail Uses” and Page 3 December 14, 2005 Town of Southold Board Meeting 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 RESOLVEDENACTS that the Town Board of the Town of Southold hereby the Local Law “A Local Law in relation to Size Limitations on Retail Uses” entitled, which reads as follows: LOCAL LAW NO. 2005 “A Local Law in relation to Size Limitations on Retail Uses” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose – The goals of the Town of Southold, as set forth in numerous planning documents over the past twenty years, include the preservation of land, preservation of the rural, cultural and historic character of the hamlets, preservation of the Town’s natural environment and natural resources, promotion of a range of housing and business opportunities that support a socio-economically diverse community, and an increase in transportation efficiency while preserving the scenic and historic attributes of the Town. The Town of Southold Hamlet Study, adopted by the Town Board in 2005, recommended amendments to the zoning code which would strengthen the business centers and encourage businesses that support the east end lifestyle. The study concludes that large-scale commercial activity is inconsistent with the community character of the Town, and would be inappropriate. The Local Waterfront Revitalization Plan (LWRP), also adopted by the Town Board in 2005, mandates that all new development should be integrated in the hamlets in a manner that is compatible with the community character, and the economic vitality of the business districts should be enhanced. A report prepared for the Town Board by Mark Terry, Acting Department Head, dated November 2005 titled the “Impacts of Big Box and Large Retail Stores on Community Business and Proposed Amendments to the Town of Southold Town Code” highlights the detrimental effects large scale commercial development can have on small towns. The Town of Southold’s unique geography coupled with these potential detrimental effects on the community have prompted the Town Board to prepare this Local Law. The Town Board enacted a temporary moratorium on retail site plans and special exception use permits over 3000 square feet in October 2005 in order to allow the Town the opportunity to grapple with the issue and adequately prepare a solution to the mounting pressure from large scale retailers. This Local Law is intended to place a limit on the size of retail uses in the Town of Southold, in order to preserve the community character of the hamlets and the sustainability of the business districts. In addition, the law provides that those seeking larger businesses will also provide Page 4 December 14, 2005 Town of Southold Board Meeting rental apartments in the structure, thus contributing to a wider range of new housing opportunities in the downtown areas. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 100-13. Definitions. SHOPPING CENTER – A group of retail and service businesses which have an integrated architectural and site design and which have an anchor tenant consisting of either a supermarket or a department store if the anchor tenant encompasses a minimum of 25,000 10,000 square feet of area. § 100-91. Use Regulations. In the HB 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 uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), A(2), A(3) and A(20) hereof, are subject to site plan approval by the Planning Board: (7) Retail stores, up to a maximum of 3,000 square feet of gross floor area for each retail store (inclusive of all floor area associated with the retail store) in any building. Notwithstanding the provisions of the Bulk Schedule for Business, Office and Industrial Districts, the maximum total size of any building including such retail stores shall be 15,000 square feet of gross floor area. 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, except Subsection (10) which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board. (10) Retail stores in excess of 3,000 square feet of gross floor area (inclusive of all floor area associated with the retail store), up to a maximum of 6,000 square feet of such gross floor area, subject to the following requirements: (a) For each and every additional 1,000 square feet of gross floor area (or portion thereof) associated with the retail store, the applicant shall provide an accessory apartment subject to the requirements of Subsection C below. Such accessory apartment shall either be owner-occupied or leased on a yearly basis, and the owner shall be required to provide documentation demonstrating such facts. Page 5 December 14, 2005 Town of Southold Board Meeting (b) Compliance with the design standards for retail establishments in effect as adopted by the Town Board of the Town of Southold by resolution. § 100-101. Use regulations. In the B District, no building or premises shall be used and no building or part thereof 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: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1), (12) and (13) hereof, are subject to site plan approval by the Planning Board: (2) Any permitted use set forth in and regulated by § 100-91A(3) to (21) of the Hamlet Business District, except Subsection A(7) as applicable in the Business District is herein modified as follows: (a) Retail stores, up to a maximum of 4,000 square feet of gross floor area for each retail store (inclusive of all floor area associated with the retail store) in any building. Notwithstanding the provisions of the Bulk Schedule for Business, Office and Industrial Districts, the maximum total size of any building including such retail stores shall be 15,000 square feet of gross floor area. (b) Retail stores located in a shopping center existing as of January 1, 2006, up to a maximum of 7,000 square feet of gross floor area for each retail store (inclusive of all floor area associated with the retail store). 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, except Subsections (17) and (18) which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board. (17) Retail stores in excess of 4,000 square feet of gross floor area (inclusive of all floor area associated with the retail store), up to a maximum of 7,000 square feet of such gross floor area, subject to the following requirements: (a) For each and every additional 1,000 square feet of gross floor area (or portion thereof) associated with the retail store, the applicant shall provide an accessory apartment subject to the requirements of Subsection C below. Such accessory apartment shall either be owner-occupied or leased on a yearly basis, and the owner shall be required to provide documentation demonstrating such facts. Page 6 December 14, 2005 Town of Southold Board Meeting (b) Compliance with the design standards for retail establishments in effect as adopted by the Town Board of the Town of Southold by resolution. (18) Retail stores in excess of 7,000 square feet of gross floor area (inclusive of all floor area associated with the retail store), up to a maximum of 15,000 square feet of such gross floor area, subject to the following requirements: (a) The retail store(s) shall be located in a shopping center existing as of January 1, 2006. (b) The Planning Board shall determine whether the proposed retail stores will have an undue adverse impact on the community. In making such a determination, the Planning Board shall conduct or hire a consultant to conduct a Market and Municipal Impact Study, at the expense of the applicant. Such study shall include an analysis of the projected impact of the retail store(s) on: i. The existing local retail market, including market shares, if applicable. ii. The supply and demand for local retail space. iii. Local wages, benefit and employment. iv. Revenues retained within the local economies of the Town of Southold. v. Public service and facilities costs. vi. Public revenues. vii. Impacts on municipal taxes. viii. Impacts of property values in the community. ix. Effects on retail operations in the surrounding market area. x. Employee housing needs, if applicable. xi. The Town of Southold’s ability to implement its Comprehensive Plan consistent with the proposed project. (c) Compliance with the design standards for retail establishments in effect as adopted by the Town Board of the Town of Southold by resolution. 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. Page 7 December 14,2005 Town of Southold Board Meeting ./ Vote Record - Resolution 2005-769 o Adopted o Adopted as Amended o Defeated 0" Tabled o Withdrawn Next: Jan3, 2006 4:30 PM William p, Edwards Daniel C. Ross Thomas H. Wickham John M. Romanelli Louisa p, Evans Joshua Y. Horton Voter Initiator Seconder Voter Voter Voter No/Na o o o ./ Vote Record -Motion to Adjourn Town Board Meeting Yes/Aye No/Nay Abstain Absent William P. Edwards Voter 0 0 0 611 Adopted Daniel C. Ross Voter 0 0 Defeated Thomas H. Wickham Voter 0 0 Withdrawn JOM M. Romanelli Seconder 0 Louisa P. Evans Voter 0 Joshua Y. Horton Initiator 0 RESOL VED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:05 PM Public Hearines Public Hearing # 1 SET DECEMBER 14, 2005, 7:00 PM, SOUTHOLD TOWN HALL As THE TIME AND PLACE FOR A PUBLIC HEARING ENTITLED,"A LOCAL LAW IN RELATION TO SIZE LIMITATIONS ON RETAIL USES" ./ Vote Record Public Hearin#l o 611 William P. Edwards Daniel C. Ross Thomas H. Wickham John M. Romanelli Louisa P. Evans Joshua Y. Horton Adjoumed Closed Y,':,~A.Y~ 611 611 611 611 ......0 611 ~~(~!l:y_ o o o o o D.. Abstain o o o o o o Absent o o b o 611 b ~~;J1'~ Q. ~ Eliza th A. Neville Southold Town Clerk Page 8