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HomeMy WebLinkAboutLL 2006 #08STATE OF NEVVYORK DEPARTMENT OF STATE 41 STATE STREET (~EORGE E. PATAKI GOVERNOR ELIZABETH A. NEVILLE, SOUTHOLD TOWN CLERK TOWN HALL, 53095 MAIN RD. PO BOX 1179 SOUTHOLD NY 11971 R,~,~HRt.STOPHERL. JUL Sout~id~;nClerk RE: TOWN of SOUTHOLD, Local Law 8 thru 11, 2006 filed on 6~29~2006 To Whom It May Concern: The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Linda Lasch Principal Clerk State Records & Law Bureau (518) 474-2755 WNVW. DO$.STATE.NY.U$ E-MAIL: INFOQDOS.STATE.NY.U8 #7941 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 29TM day of June , 2006. ~ Principal Clerk Sworn to before me this 2006 day of r/ · CHRISTINA VOL!NSK[ NOTARY PUBLIC,STAI~ OF NEW YORK Nc;. 0~-VO6105050 20C · The Suffolk Times · June 29, 2006 LEGALS,.. From prewous page nings, trellises with vines, or alternate architectural detail that defines human _stale. alone no less than sixty oercent (_60%3 of the facade. i¥. Buildines shall achieve architec- tural variation through the inclusion of grchitecturaI features such as columns. ribs or odasters, piers, chan~es in wall planes and chances in texture or ma- terials consistent with the architecture 9_f adiacent buildines and community character· a. Awnines shall be no lon~er than a sinele storefront, _b, Fabric awnines and canvas awnines with a matte finish are ecrm tied Aw- nines with high ~loss finish and illumi- hated, vlastic awninas are vrohibited. vi. Customer Entrances Retail buildings shall have clear- iv-defined, hiehlv-visible Customer ~ntrance(s~ featuring no less than three (~) 9f the followine: La) Cam)vies or oorficos; -b) Overhanes: lc) Recesses/vroiections; (d) Arcades: (_e) Raised corniced naraoets over the door5 (_f) Peaked roof forms: ~g) Arches: (M Outdoor vatted: (i) Disvlav windows: (j) Architectural detail such as tile work and moldines inteerated into the buildine structure and desiem or LK) Integral planters or wine walls that incoroorate landscaved areas and/ or places for sittine. vii. Buildings containin~ a drive- throueh or drive-uu window are ere- 2. Buildine Materials a. All orimarv buildings should bc constructed or clad with materials that are durable, economically maintained. and of a oualitv that will retain their appearance over time.including, but not limited to. natural or synthetic stone: _brick: stucco: inteerallv colored, tex~ lured, or dazed concrete masonry units or glass. b.~Exterior buildine materials shall not include the fogowii~ i, Smooth faced gray concrete block. painted or stained concrete block, un finished tih-uv concrete t)anels: ii. Field oainted or ore finished stan- Oard corrueated metal sidin~o: ,3. Advertisements, includine trade- mark loges, service marks may not be affixed, oaintcd or dued onto the win dews of the business or onto any exte tier struc ures includin~ waste disposal rccevlaC es and fides. bl Florescent and backlit siens Ioca~t _ed within or on a buildine or structure and facine an exterior public space are prohibited. 4, Site Dcsien a. Thc princival buildine entrance_ shg!! face th_e prilnarv street frontaee ~. Off-Street Parking ~ a. No ~reater that thirty p~rcea[ ~ oblig provided for all uses contained in the ~ained !n the if dUC d~velovment's buildineis) shall be 1o ~ an vi cared 6etween the froht facade of th~ ~cade.ot t)xe lagel building(si and thc vrimarv abutfine ~ or if have street. Adequate varking shall be pr~ ~ vided in accordance with that reouired ~ of pt b~ Article XIX. of the Town of Sodthold he Town of SoumOla Town Code. b. Parkine areas shall be screened ~s shall be screened from adjacent oroDerties streets and o erties slreets and public sidewalks, vursuant to ~ 100-214. ~ Landscaved Purkine Area. ~ kb~ The Plannine Board shall deter- ~ mine that the orooosed retail store(s~ ~ will not have an undue adverse inloact ~ ~n the community. In makM~ such a ~ ~t~udy shah be comnleteci withM nineW ~ days of receipt of all reauested materi all ~ested ~ate~n~ gl~ and the ~oplicant shhll be afforded ~e afforded the oooortunitv to submit its own such _s~gdv. The Plannine Board shall make such determination within thirty days of its receipt of the study. Such study shall include an analysis of the vroiected im- pact of the retail store(s) on: i. T~e existin~ local retail market, in: cludine market ~hares. if a~vlicable. ii. The surely and demand for local retail svace. iii. Local waees, benefit and emnlov- iv. Revenues retained within the Iv- cai economies of the Town of Southold. y, Public service and facilities costs. vi. Public revenues, vii. lmoacts on municioal taxes. viii. Iranacts of vroneriv values in the community. ix. Effects on retail ooerations in the surroundine market area· cable. ~i, The Town of Southold's ability to imolement its Comorehensive Plan con- If any clause, sentence, paragraph, section, or part of this Local Law shall be ad udged by any court of competent jurisdiction to be invalid, the udgment shall not affect thc vMidity of this law as a whole or any part thereof other than the part so decided to be unconstitu- tional or invalid. IV. EFFECTIVE DAFE This Local Law shall take effect im mediately upon filing with the Secretary of State as provided by taw. Dated: June 20, 2006 BY ORDER OF TIIEIOWN BOARD OF TH E TOWN OF SOUTHOLD Elizabeth Neville 7941 1I'6/29 onabuildin or structure ~ior ubfics ace are ~1 buildin entrance subst valid days nolte rized the C A tion[ and c Suffc paym tiveb of a~ ~ r.k~t in of bi ~ such ~ in su~ nues~ ing tt ~ or de ~ NOT Th ~v~ p!an con- B( BON any court of c?mpete;,¢nt Th )vided by law. poses BY ORDER OF years Finan subdi ten y subdi LEGAL NOTICE OF ESTOPPEL NOTICE IS HEREBY GIVEN lhat g.n.d/or sidewalk where vractical. ~ / st' 13 II AR HOMES 20C · The Suffolk Times · June 29, 2006 LEGALS... From prewous page nin[s, trellises with vines, or ahernate architectural detail that defines human scale, alon~ no less than sixtv percent (60%) of the facade. ~v. Buildings shall achieve architec- tural variation throueh the inclusion of architectural features such as columns, ribs {}r pilasters, piers, chanees itl wall planes and chances ill texture or ma- terials consistent with the architecture of adjacent buildings and community character. a. Awnings shall be no lon~er than a single storefront. ~. Fabric awnings and canvas awnings with a matte finish are permitted. Aw- nings with high gloss finish and illumi hated, plastic awnin~s are prohibited. vi. Customer Entrances Retail buildings shall have clea~ ly-defined highly-visible customer entrauce(s) fcaturin~ no less than three (3) of the following: (a) CanoPies or porticos: (bi Overhan~s: ~c) Recesses/Protections: (d) Arcades: (e) Raised corniced rmraoets over the door; £f) Peaked roof forms: (_~) Arches: (h) Outdoor patios: (ii Display windows: {j) Architectural detail such as tile work and moldin~s integrated into the buildin~ structure and desitn: or (k) lnte~ral t>lanters or win~ walls that incomorate landscaped areas and/ or places ~or sitting. vii. Buildings containin~ a drive- through or dri-ve-ut~ window are Pro- 2. Buildin~ Materials a. All primary buildings should be constructed or clad with materials that are durable~ economically-maintained. and of a oualitv that will retain their appearance over time.includinm but not limited to natural or synthetic stone: brick; stucco: integrally colored, rex tured, or glazed concrete masonry units b. Exterior buildin~ materials shall not include the followin~: i, Smooth laced ~rav concrete block, painted or stained concrete block, un- finished tilt-uo concrete oanels: ii. Field t~ainted or ~re finished stan- dard corrugated metal siding: a. Advertisements includin~ trade mark IOgOS. service marks may not be affixc& tminted or glued onto the win dows of the business or onto any cxte rior structures, includin~ waste dis¢osal receptacles and flao~s~ b. Florescent and backlit signs locat ed within or on a buildin~ or structure and facin~ an exterior public space are prohibited. 4. Site Design a. The Drincioal buildin~ entrance shall face the t~rimarv street frontage and/or sidewalk where uractical. 5. Off Street Parkina a. No arealer that thirty percent {30%) of tile off street oarkin~ soaces provided for all uses contained in the develovment's buildine(sl shall be Io cated between tile front facade of the buildine(s/ and the vrimarv abuttine street. Adequate r)arkh~g shall be pro- vided in accordance with that reouired by Article XIX ol the lbwn of Southold Town Code. b. Parkin~ areas shall be screened from adiaceni vroperties, streets and public sidewalks, t~ursuant to ~ 100 214. Landscaoed Parking Area. (bi Thc Plannine Board shall deter- mine that thc orooosed retail store(s) will not have an undue adverse imvact on the community. In makh~e such a determination, the Plannin~ Board shall conduct or hire a consultant to conduct a Market and Municival Impact Study. at the exvense of the applicant. The s!ud¥ shall be completed within ninety days of receiot of all reouested materi- als and the avvlicant shall be afforded the ovoortun]t~ to submit its own such study. The Plannin~ Board shall make ~uch determination within thirty days of its receiot of the study. Such study shall include an analysis of the r~roiected im pact of the retail store(s) on: i. The existing local retail market, in- cludine market shares, if aDvlicable. ii. The sum*Iv and demand for local retail svace. iii. Local waxes, benefit and employ ment. iv. Revenues retained within the lo cai economies of the Town of Southold. v. Public service and facilities costs. vi. Fu blic revenues. vii. ]muacts on municioal taxes. viii. Impacts of orooertv values in the community. ix. Effects on retail ooerations in the surrounding market area. x. Emolovee housin~ needs, if aDl>li- xi. The Town of Southold's ability to implement its Comprehensive Plan con- sistent with thc proposed protect. IiL SEVERABILITY If any clause, sentence, paragraph, section or part of this Local Eaw 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 bc unconstitu- tional or invalid. IV. EFFECTIVE DArE 7his Local Law shall take effect im mediately upon filing with thc Secretary of State as provided by law. Dated: June 20, 20(3b BY ORDER OF THE TOWN BOARD OFTHETOWN OF SOUTHOLD Elizabeth Neville lbwn Clerk 7941-1T 6/29 LEGAL NOTICE LEGAL NOIICE OF ESTOPPEE NOTICE IS HEREBY GIVEN that the resolution, a summary of which is published herewith, has been adopted by the Board of Trustees of the Xfillage of Greenport, Suffolk County. New York, on J[ tion if sm or if have days rized A paytr of General Code Publishers 72 Hinchey Rochester, N Y1~124 Phone: 800/836-88'54 Fax: 585/328-8189 Email: sales@generalcode.com 06/29/2006 ~27549 MS. Elizabeth A. Neville: ~ ~,~',..~.' ~i'~''.''',4: 047J82005703 .24o $oo _ · ~: - 07,10 2006 US POSTAGE The following material has been received and will be processed for inclusion in your Code as supplemental pages (where applicable): Local Law Nos. 8-2006 to 11-2006. RECEIV;~D JUL 1 4 2006 Town of Southold C/O Clerk's Office PO Box 1179 SoulfJo~ T~;n Clerk Southold, NY 11971 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.n~t OFFICE OF THE TOWN CLERK ~ I~/ · or souT o, D June 28, 2006 ~!L)~ . . }: : PLEASE TAKE NOTICE that the Town Board of the Town of Southold has I~NACTED the following on3a~ 20, 2006 Local Law No. 8 - 2006 A Local Law in relation to Size Limitations on lt[etail Uses Local Law No. 9 - 2006 A Local Law in relation to Extending the Tax Exemption for Un-remarried Spouses of Deceased Firefighters and Ambulance Workers Killed in Line of Duty Local Law No. 10 - 2006 A Local Law in relation to Amendments to the Affordable Housing District Local Law No. 11 - 2006 A Local Law in relation to the Renumbering of the Code of the Town of Southold Please sign the duplicate of this letter and remm to me at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTIL~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFGRMATION 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 June 28, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the following on June 20, 2006 Local Law No. 8 - 2006 A Local Law in relation to Size Limitations on Retail Uses Local Law No. 9 - 2006 A Local Law in relation to Extending the Tax Exemption for Un-remarried Spouses of Deceased Firefightcrs and Ambulance Workers Killed in Line of Duty Local Law No. 10 - 2006 A Local Law in relation to Amendments to the Affordable Housing District Local Law No. 11 - 2006 A Local Law in relation to the Renumbering of the Code of the Town of Southold Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments CC; Elizabeth A. Neville Town Clerk Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By Date: RECEIVED DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK JUL 3 2006 ~Joulhold Town 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.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 28, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the following on June 20, 2006 Local Law No. 8 - 2006 A Local Law in relation to Size Limitations on Retail Uses Local Law No. 9 - 2006 A Local Law in relation to Extending the Tax Exemption for Un-remarried Spouses of Deceased Firefighters and Ambulance Workers Killed in Line of Duty Local Law No. 10 - 2006 A Local Law in relation to Amendments to the Affordable Housing District Local Law No. 11 - 2006 A Local Law in relation to the Renumbering of the Code of the Town of Southold Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Si~(-~a.rre, Received gy Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN TOWN OF SOUTHOLD June 28, 2006 PLEASE TAKE NOTICE that the Town Board of the 20, 2006 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone ' S6fitholdtown~nor th~rk.net Local Law No. 8 - 2006 A Local Law in relation to Size Limitations on Retail Uses Local Law No. 9 - 2006 A Local Law in relation to Extending the Tax Exemption for Un-remarried Spouses of Deceased Firefighters and Ambulance Workers Killed in Line of Duty Local Law No. 10 - 2006 A Local Law in relation to Amendments to the Affordable Housing District Local Law No. 11 - 2006 A Local Law in relation to the Renumbering of the Code of the Town of Southold Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments CC~ Elizabeth A. Neville Town Clerk Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By DUPLICATE TO BE SIGNED AND RETURNED TO 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 June 28, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the following on June 20, 2006 Local Law No. 8 - 2006 A Local Law in relation to Size Limitations on Retail Uses Local Law No. 9 - 2006 A Local Law in relation to Extending the Tax Exemption for Un-remarried Spouses of Deceased Firefighters and Ambulance Workers Killed in Line of Duty Local Law No. 10 - 2006 A Local Law in relation to Amendments to the Affordable Housing District Local Law No. 11 - 2006 A Local Law in relation to thc Renumbering of the Code of the Town of Southold Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals So,~( Town Building Department Date: Si~re, Received B~-- / DUPLICATE TO BE SIGNED AND ~TU~E [ 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.northfbrk.net ....... :: ~::- · %-'~4~FICE OF THE TOWN CLERK ~r-~ ~' ;' ~ ' ! TOWN OF SOUTHOLD June 28, 2006 jU~I 2 8 ~ ~ PLEASE ~&KE;NOTICE that:the oT'6WJwn Board 20, 2006 of the Town of Southold has ENACTED the following on June Local Law No. 8 - 2006 A Local Law in relation to Size Limitations on Retail Uses Local Law No. 9 - 2006 A Local Law in relation to Extending the Tax Exemption for Un-remarried Spouses of Deceased Firefighters and Ambulance Workers Killed in Line of Duty Local Law No. 10 - 2006 A Local Law in relation to Amendments to the Affordable Housing District Local Law No. 11 - 2006 A Local Law in relation to the Renumbering of the Code of the Town of Southold Please sign the duplicate of this letter and retum to me at your earliest convenience. Thank you. Attachments Elizabeth A. Neville Town Clerk Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Receive~V~3y /" DUPLICATE TO BE SIGNED AND RETURNED TO 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.north£ork.net OFFICE OF TIlE TOWN CLERK TOWN OF SOUTHOLD June 28, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the following on June 20, 2006 Local Law No. 8 - 2006 A Local Law in relation to Size Limitations on Retail Uses Local Law No. 9 - 2006 A Local Law in relation to Extending the Tax Exemption for Un-remarried Spouses of Deceased Firefighters and Ambulance Workers Killed in Line of Duty Local Law No. 10 - 2006 A Local Law in relation to Amendments to the Affordable Housing District Local Law No. 11 - 2006 A Local Law in relation to the Ranumbering of the Code of the Town of Southold Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building'D6partment Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature~ Received ~y - DUPLICATE TO BE SIGNED AND RETURNED TO 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 June 28, 2006 PLEASE TAKE NOTICE that thc Town Board of the Town of Southold has ENACTED the following on June 20, 2006 Local Law No. 8 - 2006 A Local Law in relation to Size Limitations on Retail Uses Local Law No. 9 - 2006 A Local Law in relation to Extending the Tax Exemption for Un-remarried Spouses of Deceased Firefighters and Ambulance Workers Killed in Line of Duty Local Law No. 10 - 2006 A Local Law in relation to Amendments to the Affordable Housing District Local Law No. 11 - 2006 A Local Law in relation to the Renumbering of the Code of the Town of Southold Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk S~gnature, ReceiVed By Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: DUPLICATE TO BE SIGNED AND_RETURNED TO 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 June 28, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the folloxving on June 20, 2006 Local Law No. 8 - 2006 A Local Law in relation to Size Limitations on Retail Uses Local Law No. 9 - 2006 A Local Law in relation to Extending the Tax Exemption for Un-remarried Spouses of Deceased Firefighters and Ambulance Workers Killed in Line of Duty Local Law No. 10 - 2006 A Local Law in relation to Amendments to the Affordable Housing District Local Law No. 11 2006 A Local Law in relation to the Renumbering of the Code of the Town of Southold Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island : Town of Southampton Southold Town Trustees Southold Town Board of Appeals F~/~ Date: Sig~a(ure, Received [3y - - / ~ - ] RECEIVED DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK OUt 3 ~ 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 June 28, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the following on June 20, 2006 Local Law No. 8 - 2006 A Local Law in relation to Size Limitations on Retail Uses Local Law No. 9 - 2006 A Local Law in relation to Extending the Tax Exemption for Un-remasried Spouses of Deceased Firefighters and Ambulance Workers Killed in Line of Duty Local Law No. 10 - 2006 A Local Law in relation to Amendments to the Affordable Housing District Local Law No. 11 - 2006 A Local Law in relation to the Renumbering of the Code of the Town of Southold Please sign the duplicate of this letter and retum to me at your earliest convenience. Thank you. Attachments cc: Elizabeth A. Neville Town Clerk Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals (~O~,~,~ o ~-e~tOaqa~6~_ Date: ~fe~g/(~ Sigffal~re, Received By DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK C: Ex, US Airbill Express Na.~e ELIz. AP~E~H N_~VTII E 6025 4a Express Package Service /0='9=8 FedEx Prior~ Overnight T.,;~?-e~edEx Standard Overnight c0mpa,¥ TOWN OF SOLI"[~IDLD ~dd~hs~ 53Q~5 ~RQUTE 25 ~ state NY zip ! ~.97!-4643 2 Your Internal Billing Reference Address A ~ Questions? Visit our Web site at fedex.com FedEx 20 ay FedEx Express Saver 4b Express Freight Service ' ' FedExlOa Freight* ~ FedEx2OayFreight ~r Recipient ~ ThirdParW ] Cred~tCard Cash/Check 8 Sign to Authorize Delivery Without a Signature r-e Ex USAirbitl ..... ......~,,,~ .,~.. 3035 6036 Express !067-7029-~ Co.~p~av TOWN OF I&OUTHOLD Address ~5 ROUTE 25 ~ ~OUTHOLD 2 Your Internal Billing Reference 3 To 4a Express Package Sewice FedEx Pfiarm/Overnight Fed Ex Standa rd Ovemight ~ FedEx2D~y ~- FedExExpressSavel 4b Express Freight Service ~ FedEx Da Fegh* FedEx 20 ay Fre~ht 5 Packaging · FedExPak* ~ FedEx ~ FedEx ~ Other 6 Special Handling _--n at FedEX LocaMm ~ at FedEx Locabon Address 7 Payment Billt~ 8 Sign to Authorize Delivery Without a Signature n,,estions? Visit our Web site at fedex.com or call 1.80G GoFedEx 1.800 463.333~ Date ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS M~.NAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, Ne~v York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfm-k.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Shirley Flint Code Supplement General Code Publishers Corp. 72 Hinchey Road Rochester, NY 14624 Re: Town of Southold Code Local Law Number 8-11 of 2006 June 27, 2006 Dear Ms. Flint: Transmitted herewith please find the Local Law Numbers 8-11 of 2006. Please make the appropriate amendments to the Southold Town Code. Thank you. Very truly yours, Southold Town Clerk Enclosures cc: Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS M.M~RIAGE 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 June 27, 2006 Federal Express New York State Department of State State Records and Law Bureau 41 State Street Albany, NY 12231 RE: Local Law Number 8-11 of 2006 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 Numbers 8-11 of 2006 of the Town of Southold suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. EnClosures Very truly yours, Elizabeth A. Neville Southold Town Clerk cc: Town Attomey 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. 8 OF 2006 A Local Law entitled, "A Local Law in relation to Size Limitations on Retail Uses". 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 conm~ercial 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 limits on the sizes of retail structures 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 retail businesses will comply with the Town's design standards and to demonstrate that the new structure will be in harmony with surrounding community and local economy. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev. 11/99) II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 100-13. Definitions. GROCERY STORE - A retail establishment dedicating 70 percent or more of its floor area to the sale of prepackaged or perishable food items. § 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 6,000 total square feet of gross floor area in any building (excluding unfinished basement and attic areas), notwithstanding the provisions of the Bulk Schedule for Business, Office and Industrial Districts. Such retail stores greater than 3,000 total square feet shall comply with the retail building standards for HB Districts listed below, in addition to the site plan requirements of this Chapter. Building Massing and Facade Treatment i. Variation in Massing a. A standardized building mass shall be prohibited. For the purposes of this Section, the term "standardized" shall include an array of articulated elements, layout, design, logos or similar exterior features that have been applied to four (4) or more retail buildings nationwide. b. Exterior building walls facing side yards shall include materials and design characteristics consistent with those on the front of the building. ii. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. (b) To maintain the "Main Street" character in the Hamlet Centers, where practical buildings shall be sited with a zero (0) or minimum setback from the front property line or primary pedestrian walkways and be transparent between the height of three (3) feet and eight (8) feet above the grade of the walkway for no less than sixty 60% of the horizontal length of the building facade. (a) 2 Co) (c) iii. Awnings. (a) Awnings shall be no longer than a single storefront. Co) Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. iv. Customer Entrances Buildings shall have clearly-defined, highly-visible customer entrance(s) featuring no fewer than three (3) of the following: (a) CO) (c) (d) (e) (0 (g) (h) (i) (k) Canopies or porticos; Overhangs; Recesses/projections; Arcades; Raised corniced parapets over the door; Peaked roof forms; Arches; Outdoor patios; Display windows; Architectural detail such as tile work and moldings integrated into the building structure and design; or Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. v. Buildings containing a drive-through or drive-up window are prohibited. Building Materials All buildings should be constructed or clad with materials that are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. 2. Exterior building materials shall not include the following: Smooth-faced gray concrete block, painted or stained concrete block, unfinished tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; Signage Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. 2. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. (d) Site Design The principal building entrance shall face the primary street frontage and/or sidewalk where practical. New construction along primary pedestrian walkways within the Hamlet Centers shall have a zero (0) or minimum setback from the sidewalk/front property line, whenever possible, to reinforce the "Main Street" street wall. (e) Off-Street Parking Off -street parking shall not be located in the front yard between the front facade of the building (s) and the primary abutting street Parking areas must be located in the side and rear yards of the building. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to § 100-214. landscaped Parking Area. (22) Grocery Stores up to a maximum of 25,000 square feet of gross floor area, exclusive of unfinished basements or attic areas, notwithstanding the provisions of the bulk schedule. 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 hereinaRer 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 6,000 total square feet of gross floor area in any building, up to a maximum of 12,000 total square feet of such gross floor area in any building (excluding unfinished basement and attic areas), subject to the following requirements: (a) Compliance with the retail building standards listed below, in addition to the site plan requirements of this Chapter. 1. Building Massing and Facade Treatment a. Variation in Massing A standardized dominant building mass shall be prohibited. For the purposes of this Section, the term "standardized" shall include an array of architectural elements, layout, design, logos or similar exterior features that have been applied to four (4) or more retail buildings nationwide. ii. Exterior building walls facing side yards shall include materials and design characteristics consistent with those on the front of the building. iii. iv. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. Co) To maintain the "Main Street" character in the Hamlet Centers, where practical buildings shall be sited with a zero (0) or minimum setback from the front property line or primary pedestrian walkways and be transparent between the height of three (3) feet and eight (8) feet above the grade of the walkway for no less than sixty 60% of the horizontal length of the building facade (c) Buildings shall achieve architectural variation through the inclusion of architectural features such as columns, ribs or pilasters, piers, changes in wall planes and changes in texture or materials consistent with the architecture of adjacent buildings and community character. Awnings. (a) Awnings shall be no longer than a single storefront. Co) Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. Customer Entrances Buildings shall have clearly-defined, highly-visible customer entrance(s) featuring no fewer than three (3) of the following: (a) Canopies or porticos; (b) Overhangs; (c) Recesses/projections; (d) Arcades; (e) Raised corniced parapets over the door; (f) Peaked roof forms; (g) Arches; (h) Outdoor patios; (i) Display windows; (j) Architectural detail such as tile work and moldings integrated into the building structure and design; or (k) Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. vi. Buildings containing a drive-through or drive-up window are prohibited. Building Materials All buildings should be constructed or clad with materials that are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. b. Exterior building materials shall not include the following: Smooth-faced gray concrete block, painted or stained concrete block, unfinished tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; Signage Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. Site Design The principal building entrance shall face the primary street frontage and/or sidewalk where practical. New construction along primary pedestrian walkways within the Hamlet Centers shall have a zero (0) or minimum setback from the sidewalk/front property line, whenever possible, to reinforce the "Main Street" street wall. Off-Street Parking Off -street parking shall not be located in the front yard between the front facade of the building (s) and the prixnary abutting street. Parking areas must be located in the side and rear yards of the building. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to § 100-214. Landscaped Parking Area. (b) The Planning Board shall determine that the proposed retail store(s) will not 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. The study shall be completed within ninety days of receipt of all requested materials and the applicant shall be afforded the opportunity to submit its own such study. The Planning Board shall make such determination within thirty days of its receipt of the study. Such study shall include an analysis of the projected impact of the retail store(s) on: ii. iii. iv. vi. vii. viii. ix. X. xi. The existing local retail market, including market shares, if applicable. The supply and demand for local retail space. Local wages, benefit and employment. Revenues retained within the local economies of the Town of Southold. Public service and facilities costs. Public revenues. Impacts on municipal taxes. Impacts of property values in the community. Effects on retail operations in the surrounding market area. Employee housing needs, if applicable. The Town of Southold's ability to implement its Comprehensive Plan consistent with the proposed project. §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 (22) 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 8,000 total square feet of gross floor area in any building (excluding unfinished basement and attic areas), notwithstanding the provisions of the Bulk Schedule for Business, Office and Industrial Districts. Such retail stores greater than 4,000 total square feet shall comply with the retail building standards for B Districts listed below, in addition to the site plan requirements of this Chapter. 1. Building Massing and Fagade Treatment a. Variation in Massing A standardized building mass shall be prohibited. For purposes of this Section, the term "standardized" shall include an array of architectural elements, layout, design, logos or similar 7 exterior features that have been applied to four (4) or more retail buildings nationwide. ii. Exterior building walls facing side yards shall include materials and design characteristics consistent with those on the front of the building. iii. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. iv. Awnings. a. Awnings shall be no longer than a single storefront. Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. v. Customer Entrances Retail buildings shall have clearly-defined, highly-visible customer entrance(s) featuring no less than three (3) of the following: (a) (b) (c) (d) (e) (0 (g) (h) (i) (J) (k) Canopies or porticos; Overhangs; Recesses/projections; Arcades; Raised corniced parapets over the door; Peaked roof forms; Arches; Outdoor patios; Display windows; Architectural detail such as tile work and moldings integrated into the building structure and design; or Integral planters or wing walls that incorporate laudscaped m'eas and/or places for sitting. vi. Buildings containing a drive-through or drive-up window are prohibited. Building Materials a. All primary buildings should be constructed or clad with materials that are ura e, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. b. Exterior building materials shall not include the following: Smooth-faced gray concrete block, painted or stained concrete block, unfinished tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; 3. Signage Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. 4. Site Design The principal building entrance shall face the primary street frontage and/or sidewalk where practical. 5. Off-Street Parking No greater that thirty percent (30%) of the off street parking spaces provided for all uses contained in the development's building(s) shall be located between the front facade of the building(s) and the primary abutting street. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. b. Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to § 100-214. Landscaped Parking 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 (17) 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 8,000 total square feet of gross floor area in any building, up to a maximum of 15,000 total square feet of such gross floor area in any building (excluding unfinished basement and attic areas), subject to the following requirements: (a) Compliance with the retail building standards for B Districts listed below, in addition to the site plan requirements of this Chapter. Building Massing and Facade Treatment a. Variation in Massing A standardized building mass shall be prohibited. For purposes of this Section, the term "standardized" shall include an array of architectural elements, layout, design, logos or similar exterior features that have been applied to four (4) or more retail buildings nationwide. ii. Exterior building walls facing side yards shall include materials and design characteristics consistent with those on the front of the building. iii. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. iv. Buildings shall achieve architectural variation through the inclusion of architectural features such as columns, ribs or pilasters, piers, changes in wall planes and changes in texture or materials consistent with the architecture of adjacent buildings and community character. Awnings. a. Awnings shall be no longer than a single storefront. Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. Customer Entrances Retail buildings shall have clearly-defined, highly-visible customer entrance(s) featuring no less than three (3) of the following: (a) (b) (c) (d) (e) (0 (g) (h) Canopies or porticos; Overhangs; Recesses/projections; Arcades; Raised comiced parapets over the door; Peaked roof forms; Arches; Outdoor patios; l0 (i) ODisplay windows; 0) Architectural detail such as tile work and moldings integrated into the building structure and design; or (k) Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. vii. Buildings containing a drive-through or drive-up window are prohibited. 2. Building Materials All primary buildings should be constructed or clad with materials that are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. b. Exterior building materials shall not include the following: Smooth-faced gray concrete block, painted or stained concrete block, unfinished tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; 3. Signage Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. 4. Site Design The principal building entrance shall face the primary street frontage and/or sidewalk where practical. 5. Off-Street Parking No greater that thirty percent (30%) of the off street parking spaces provided for all uses contained in the development's building(s) shall be located between the front facade of the building(s) and the primary abutting street. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to § 100-214. Landscaped Parking Area. (b) The Planning Board shall determine that the proposed retail store(s) will not have an undue adverse impact on the community. In making such a determination, the Plauning~l)oard shall conduct or hire a consultant to conduct a Market and Municipal Impact Study, at the expense of the applicant. The study shall be completed within ninety days of receipt of all requested materials and the applicant shall be afforded the opportunity to submit its own such study. The Planning Board shall make such determination within thirty days of its receipt of the study. Such study shall include an analysis of the projected impact of the retail store(s) on: III. SEVERABILITY 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. 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. law. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by 12 (Complete the certification 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. 8 of 20 06 . of the (Czux'~y)(C:tyXTown) (V~'.'.~gz) of. SOUTHOLD was duly passed by the TOWN BOARD on June 20 ,20 06 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 __., and was (approved)(not approved)(repassed after disapproval) by the and was deemed duly adopted on 20 in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20__, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20__ Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 13 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 ora 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 therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Elizabeth A. Neville, Town Clerk (Seal) Date: June 27, 2006 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local have been had or taken for the enactment of the local law T contains the correct text and that all proper proceedings ran Corcoram Esq.~ Assistant Town Attorney tie Town of SOUTHOLD Date: June 27, 2006 14 NOTICE OF ENACTMEN~ NOTICE IS HEREBY GIVEN THAT the Southold Town Board has hereby ENACTED the Local Law entitled, "A Local Law in relation to Size Limitations on Retail Uses" on June 20, 2006, which reads as follows: LOCAL LAW NO. 8 OF 2006 A Local Law entitled, "A Local Law in relation to Size Limitations on Retail Uses". 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 he 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 limits on the sizes of retail structures 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 retail businesses will comply with the Town's design standards and to demonstrate that the new structure will be in harmony with surrounding community and local economy. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 100-13. Defin~ns. GROCERY STORE - A retail establishment dedicating 70 percent or more of its floor area to the sale of prepackaged or perishable food items. § 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 6,000 total square feet of gross floor area in any building (excluding unfinished basement and attic areas), notwithstanding the provisions of the Bulk Schedule for Business, Office and Industrial Districts. Such retail stores greater than 3,000 total square feet shall comply with the retail building standards for HB Districts listed below, in addition to the site plan requirements of this Chapter. (a) Building Massing and Facade Treatment i. Variation in Massing a. A standardized building mass shall be prohibited. For the purposes of this Section, the term "standardized" shall include an array of articulated elements, layout, design, logos or similar exterior features that have been applied to four (4) or more retail buildings nationwide. b. Exterior building walls facing side yards shall include materials and design characteristics consistent with those on the front of the building. ii. Building walls that face public streets, connecting pedestrian walkways, or adiacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. (b) To maintain the "Main Street" character in the Hamlet Centers, where practical buildings shall be sited with a zero (0) or minimum setback from the front property line or primary pedestrian walkways and be (b) transparent between the hei~ of three (3) feet and eight (8) feet above the grade of the walkway for no less than sixty 60% of the horizontal length of the building facade. iii. Awnings. (a) Awnings shall be no longer than a single storefront. (b) Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. iv. Customer Entrances Buildings shall have clearly-defined, highly-visible customer entrance(s) featuring no fewer than three (3) of the following: (a) (b) (c) (d) (e) (g) (h) (i) 0) Canopies or porticos; Overhangs; Recesses/projections; Arcades; Raised corniced parapets over the door; Peaked roof forms; Arches; Outdoor patios; Display windows; Architectural detail such as tile work and moldings integrated into the building structure and design; or Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. v. Buildings containing a drive-through or drive-up window are prohibited. Building Materials 1. All buildings should be constructed or clad with materials that are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. 2. Exterior building materials shall not include the following: i. Smooth-faced gray concrete block, painted or stained concrete block, unfinished tilt-up concrete panels; ii. Field-painted or pre-~lYiished standard corrugated metal siding; (c) Signage 1. Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. 2. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. (d) Site Design 1. The principal building entrance shall face the primary street frontage and/or sidewalk where practical. 2. New construction along primasw pedestrian walkways within the Hamlet Centers shall have a zero (0) or minimum setback from the sidewalk/front property line, whenever possible, to reinforce the "Main Street" street wall. (e) Off Street Parking 1. Off-street parking shall not be located in the front yard between the front facade of the building (s) and the primary abutting street Parking areas must be located in the side and rear yards of the building. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. 2. Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to § 100-214. landscaped Parking Area. (22) Grocery Stores up to a maximum of 25,000 square feet of gross floor area, exclusive of unfinished basements or attic areas, notwithstanding the provisions of the bulk schedule. 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 6,000 total square feet of gross floor area in any building, up to a maximum of 12,000 total square feet of such gross floor area in any building (excluding unfinished basement and attic areas), subiect to the following requirements: (a) Compliance with the retail b~l~lding standards listed below, in addition to the site plan requirements of this Chapter. 1. Building Massing and Facade Treatment a. Variation in Massing i. A standardized dominant building mass shall be prohibited. For the purposes of this Section, the term "standardized" shall include an array of architectural elements, layout, design, logos or similar exterior features that have been applied to four (4) or more retail buildings nationwide. ii. Exterior building walls facing side yards shall include materials and design characteristics consistent with those on the front of the building. iii. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. (b) To maintain the "Main Street" character in the Hamlet Centers, where practical buildings shall be sited with a zero (0) or minimum setback from the front property line or primary pedestrian walkways and be transparent between the height of three (3) feet and eight (8) feet above the grade of the walkway for no less than sixty 60% of the horizontal length of the building facade (c) Buildings shall achieve architectural variation through the inclusion of architectural features such as columns, ribs or pilasters, piers, changes in wall planes and changes in texture or materials consistent with the architecture of adjacent buildings and community character. iv. Awnings. (a) Awnings shall be no longer than a single storefront. (b) Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. v. Customer Entrances Buildings shall have clearly-defined, highly-visible customer entrance(s) featuring no fewer than three (3) of the following: (a) Canopies or porticos; (b) Overhangs: (c) Recesses/projections: (d) Arcades; (e) Raised corniced parapets over the door; (f) Peaked roof forms; (g) Arches; (h) Outdoor patios; (i) Display windows; (j) Architectural detail such as (k) tile work and moldings integrated into the building structure and design; or Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. vi. Buildings containing a drive-through or drive-up window are prohibited. Building Materials a. All buildings should be constructed or clad with materials that are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. b. Exterior building materials shall not include the following: i. Smooth-faced gray concrete block, painted or stained concrete block, unfinished tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; Signage a. Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. b. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. Site Design a. The principal building entrance shall face the primary street frontage and/or sidewalk where practical. b. New construction along primary pedestrian walkways within the Hamlet Centers shall have a zero (0) or minimum setback from the sidewalk/front property line, whenever possible, to reinforce the "Main Street" street wall. 5. Off-Street Parking a. Off-street parking shall not be located in the front yard between the front facade of the building (s) and the primary abutting street. Parking areas must be located in the side and rear yards of the building. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. b. Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to § 100-214. Landscaped Parking Area. (b) The Planning Board shall determine that the proposed retail store(s) will not 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. The study shall be completed within ninety days of receipt of all requested materials and the appl?/~nt shall be afforded the opportunity to submit its own such study. The Planning Board shall make such determination within thirty days of its receipt of the study. Such study shall include an analysis of the proiected impact of the retail store(s) on: ii. iii. iv. vii. viii. ix. The existing local retail market, including market shares, if applicable. The supply and demand for local retail space. Local wages, benefit and employment. Revenues retained within the local economies of the Town of Southold. Public service and facilities costs. Public revenues. Impacts on municipal taxes. Impacts of property values in the community. Effects on retail operations in the surrounding market area. Employee housing needs, if applicable. The Town of Southold's ability to implement its Comprehensive Plan consistent with the proposed proiect. § 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 2(_~) 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 8,000 total square feet of gross floor area in any building (excluding unfinished basement and attic areas), notwithstanding the provisions of the Bulk Schedule for Business, Office and Industrial Districts. Such retail stores greater than 4,000 total square feet shall comply with the retail building standards for B Districts listed below, in addition to the site plan requirements of this Chapter. 1. Building Massing and FaCade Treatment a. Variation in Massing i. A standardized building mass shall be prohibited. For purposes of this Section, the term "standardized" shall include an array of architectural element~, layout, design, logos or similar exterior features that have been applied to four (4) or more retail buildings nationwide. ii. Exterior building walls facing side yards shall include materials and design characteristics consistent with those on the front of the building. iii. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. iv. Awnings. a. Awnings shall be no longer than a single storefront. b. Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. v. Customer Entrances Retail buildings shall have clearly- defined, highly-visible customer entrance(s) featuring no less than three (3) of the following: (a) (b) (c) (d) (e) (0 (g) (h) (i) (J) Canopies or porticos; Overhangs; Recesses/projections; Arcades; Raised corniced parapets over the door; Peaked roof forms; Arches; Outdoor patios; Display windows; Architectural detail such as tile work and moldings integrated (k) into t'l~building structure and design; or Integral planters or wing walls That incorporate landscaped areas and/or places for sitting. vi. Buildings containing a drive-through or drive-up window are prohibited. Building Materials a. All primary buildings should be constructed or clad with materials that are durable, economically- maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally- colored, textured, or glazed concrete masonry units or glass. b. Exterior building materials shall not include the following: i. Smooth-faced gray concrete block, painted or stained concrete block, unfinished tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; Signage a. Advertisements, including trademark logos, service marks ma,/not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. b. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. Site Design a. The principal building entrance shall face the primary street frontage and/or sidewalk where practical. Off Street Parking a. No greater that thirty percent (30%) of the off street parking spaces provided for all uses contained in the development's building{s) shall be located between the front facade of the building(s) and the primary abutting street. A~quate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. b. Parking areas shall be screened from adjacent properties, treets and public sidewalks, pursuant to § 100-214. Landscaped Parking 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 (17) 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 8,000 total square feet of gross floor area in any building, up to a maximum of 15,000 total square feet of such gross floor area in any building (excluding unfinished basement and attic areas), subiect to the following requirements: (a) Compliance with the retail building standards for B Districts listed below, in addition to the site plan requirements of this Chapter. 1. Building Massing and Facade Treatment a. Variation in Massing i. A standardized building mass shall be prohibited. For purposes of this Section, the term "standardized" shall include an array of architectural elements, layout, design, logos or similar exterior features that have been applied to four (4) or more retail buildings nationwide. ii. Exterior building walls facing side yards shall include materials and design characteristics consistent with those on the front of the building. iii. Building walls that face public streets, connecting pedestrian walkways, or adiacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. iv. Buildings shall achieve architectural variation through the inclusion of architectural features such as columns, ribs or pilasters, piers, changes in wall planes and changes in texture or materials consistent with the architecture of adjacent buildings and community character. v. Awnings. a. Awnings shall be no longer than a single storefront. b. Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. vi. Customer Entrances Retail buildings shall have clearly-defined, highly- visible customer entrance(s) featuring no less than three (3) of the following: (a) (b) (c) (d) (e) (0 (g) (h) (i) 0) (k) Canopies or porticos; Overhangs; Recesses/projections; Arcades; Raised corniced parapets over the door; Peaked roof forms; Arches; Outdoor patios; Display windows; Architectural detail such as tile work and moldings integrated into the building structure and design; or Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. vii. Buildings containing a drive-through or drive-up window are prohibited. 2. Building Materials a. All primary buildings should be constructed or clad with materials that are durable, economically- maintained, and of a quality that will retain their appearance over time,including, but not limited to, natural or synthetic stone; brick; stucco; integrally- colored, textured, or glazed concrete masonry units or glass. b. Exterior building materials shall not include the following: i. Smooth-faced gray concrete block, painted or stained concrete block, unfinished tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; 3. Signage a. Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. b. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. 4. Site Design a. The principal building entrance shall face the primary street frontage and/or sidewalk where practical. 5. Off-Street Parking a. No greater that thirty percent (30%) of the off street parking spaces provided for all uses contained in the development's building(s) shall be located between the front facade of the building(s) and the primary abutting street. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. b. Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to § 100-214. Landscaped Parking Area. (b) The Planning Board shall determine that the proposed retail store(s) will not 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. The study shall be completed within ninety days of receipt of all requested materials and the applicant shall be afforded the opportunity to submit its own such study. The Planning Board shall make such determination within thirty days of its receipt IlL SEVERABILITY of the study. Such study shall inclu'~ an analysis of the projected impact of the retail store(s) on: ii_. vii~. viii. The existing local retail market, including market shares, if applicable. The supply and demand for local retail space. Local wages, benefit and employment. Revenues retained within the local economies of the Town of Southold. Public service and facilities costs. Public revenues. Impacts on municipal taxes. Impacts of property values in the community. Effects on retail operations in the surrounding market area. Employee housing needs, if applicable. The Town of Southold's ability to implement its Comprehensive Plan consistent with the proposed project. 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. Dated: June 20, 2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JUNE 29, 2006, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Clerk's Bulletin Board Planning Board Zoning Board of Appeals Town Attorney Building Department STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being that on the ~ day of l~--~ ,2006, she affixed a duly SWOITI~ says notice of which the annexed printed notice is a t~ue copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Enact Local law # 8 of 2006 ~_l~abeth-A'. Nevil~ - - - Southold Town Clerk Sworn before roe this .day of ~n------~ ,2006. \~otary Public LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 B06020932 {3ualified in Suffolk Count~ Term Expires March 8, 20 ~'3 Town of Southold - Letter Board Meeting of June 20, 2006 RESOLUTION 2006-532 ADOPTED Item # 5 DOC ID: 1919A THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-532 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 20, 2006: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 9th day of May, 2006 a Local Law entitled "A Local Law in relation to Size Limitations on Retail Uses", 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; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 95 of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; now therefore be it RESOLVED that the Town Board hereby ENACTS the Local Law entitled, "A Local Law in relation to Size Limitations on Retail Uses" which reads as follows: LOCAL LAW NO. 8 OF 2006 A Local Law entitled, "A Local Law in relation to Size Limitations on Retail Uses". 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. Generated June 23, 2006 Page 9 Town of Southold - Lett~Ill Bo~d Meeting of June 20, 2006 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 tmnporary 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 limits on the sizes of retail structures 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 retail businesses will comply with the Town's design standards and to demonstrate that the new structure will be in harmony with surrounding community and local economy. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 100-13. Definitions. GROCERY STORE - A retail establishment dedicating 70 percent or more of its floor area to the sale of prepackaged or perishable food itmns. § 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 6,000 total square feet of gross floor area in any building (excluding unfinished basement and attic areas), Generated June 23, 2006 Page 10 Town of Southold - Letter Board Meeting of June 20, 2006 notwithstanding the provisions of the Bulk Schedule for Business, Office and Industrial Districts. Such retail stores greater than 3,000 total square feet shall comply with the retail building standards for HB Districts listed below, in addition to the site plan requirements of this Chapter. (a) Building Massing and Facade Treatment i. Variation in Massing a. A standardized building mass shall be prohibited. For the purposes of this Section, the term "standardized" shall include an array of articulated elements, layout, design, logos or similar exterior features that have been applied to four (4) or more retail buildings nationwide. b. Exterior building walls facing side yards shall include materials and design characteristics consistent with those on the front of the building. ii. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. (b) To maintain the "Main Street" character in the Hamlet Centers, where practical buildings shall be sited with a zero (0) or minimum setback from the front property line or primary pedestrian walkways and be transparent between the height of three (3) feet and eight (8) feet above the grade of the walkway for no less than sixty 60% of the horizontal length of the building facade. iii. Awnings. (a) Awnings shall be no longer than a single storefront. (b) Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. iv. Customer Entrances Generated June 23, 2006 Page 11 Town of Southold - Lette Meeting of June 20, 2006 Buildings shall have clearly-defined, highly-visible customer entrance(s) featuring no fewer than three (3) of the following: (a) (b) (c) (d) (e) (0 (g) (h) Canopies or porticos; Overhangs; Recesses/proiections; Arcades; Raised corniced parapets over the door; Peaked roof forms; Arches; Outdoor patios; (b) (i) (J) (k) Display windows; Architectural detail such as tile work and moldings integrated into the building structure and design; or Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. Buildings containing a drive-through or drive-up window are prohibited. Building Materials 1. All buildings should be constructed or clad with materials that Are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. 2. Exterior building materials shall not include the following' Smooth-faced gray concrete block, painted or stained concrete block, unfinished tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; Signage 1. Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. Generated June 23, 2006 Page 12 Town of $outhold - Letter Board Meeting of June 20, 2006 (d) 2. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. Site Design 1. The principal building entrance shall face the primary street frontage and/or sidewalk where practical. 2. New construction along primary pedestrian walkwavs within the Hamlet Centers shall have a zero (0) or minimum setback from the sidewalk/front property line, whenever possible, to reinforce the "Main Street" street wall. (e) Off-Street Parking 1. Off-street parking shall not be located in the front yard Between the front facade of the building (s) and the primary abutting Street Parking areas must be located in the side and rear yards of the building. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. 2. Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to § 100-214. Landscaped Parking Area. (22) Grocery Stores up to a maximum of 25,000 square feet of gross floor area, exclusive of unfinished basements or attic areas, notwithstanding the provisions of the bulk schedule. 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 6,000 total square feet of gross floor area in any building, up to a maximum of 12,000 total square feet of such gross floor area in any building (excluding unfinished basement and attic areas), subject to the following requirements: (a) Compliance with the retail building standards listed below, in addition to the site plan requirements of this Chapter. 1. Building Massing and Facade Treatment Generated June 23, 2006 Page 13 Town of Southold - Lett~I Meeting of June 20, 2006 Variation in Massing A standardized dominant building mass shall be prohibited. For the purposes of this Section, the term "standardized" shall include an array of architectural elements, layout, design, logos or similar exterior features that have been applied to four (4) or more retail buildings nationwide. Exterior building walls facing side yards shall include materials and design characteristics consistent with those on the front of the building. iii. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. (b) To maintain the "Main Street" character in the Hamlet Centers, where practical buildings shall be sited with a zero (0) or minimum setback from the front property line or primary pedestrian walkways and be transparent between the height of three (3) feet and eight (8) feet above the grade of the walkway for no less than sixty 60% of the horizontal length of the building facade Buildings shall achieve architectural variation through the inclusion of architectural features such as columns, ribs or pilasters, piers, changes in wall planes and changes in texture or materials consistent with the architecture Generated June 23, 2006 Page 14 Town of Southold - Letter Board Meeting of June 20, 2006 of adjacent buildings and community character. iv. Awnings. (a) Awnings shall be no longer than a single storefront. Co) Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. v. Customer Entrances Buildings shall have clearly-defined, highly- visible customer entrance(s) featuring no fewer than three (3) of the following: (a) Canopies or porticos; (b) Overhangs; (c) Recesses/projections; (d) Arcades; (e) Raised corniced parapets over the door; (f) Peaked roof forms; (g) Arches; (h) Outdoor patios; (i) Display windows; 0) Architectural detail such as tile work (k) and moldings integrated into the building structure and design; or Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. vi. Buildings containing a drive-through or drive- u~p window are prohibited. Building Materials a. All buildings should be constructed or clad with materials that are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units Generated ]une 23, 2006 Page 15 Town of Southold - Lettl~ Bo~d Meeting of June 20, 2006 or glass. b. Exterior building materials shall not include the following: Smooth-faced gray concrete block, painted or stained concrete block, unfinished tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; Signage a. Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. b. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. Site Design a. The principal building entrance shall face the primary street frontage and/or sidewalk where practical. b. New construction along primary pedestrian walkways within the Hamlet Centers shall have a zero (0) or minimum setback from the sidewalk/front property line, whenever possible, to reinforce the "Main Street" street wall. Off-Street Parking a. Off-street parking shall not be located in the front yard between the front facade of the building (s) and the primary abutting street. Parking areas must be located in the side and rear yards of the building. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. b. Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to § 100-214. Generated June 23, 2006 Page 16 Town of Southold - Letter Board Meeting of June 20, 2006 Landscaped Parking Area. (b) The Planning Board shall determine that the proposed retail store(s) will not 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. The study shall be completed within ninety days of receipt of all requested materials and the applicant shall be afforded the opportunity to submit its own such study. The Planning Board shall make such determination within thirty days of its receipt of the study. Such study shall include an analysis of the projected impact of the retail store(s) on: ii. iii. iv. vii. viii. ix. The existing local retail market, including market shares, if applicable. The supply and demand for local retail space. Local wages, benefit and employment. Revenues retained within the local economies of the Town of Southold. Public service and facilities costs. Public revenues. Impacts on municipal taxes. Impacts of property values in the community. Effects on retail operations in the surrounding market area. Employee housing needs, if applicable. The Town of Southold's ability to implement its Comprehensive Plan consistent with the proposed project. § 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 (22) of the Hamlet Business District, except Subsection A(7) as applicable in the Business District is herein modified as follows: Generated June 23, 2006 Page 17 Town of Southold - Lettt~Illl Bo~d Meeting of June 20, 2006 (a) Retail stores, up to a maximum of 8,000 total square feet of gross floor area in any building (excluding unfinished basement and attic areas), notwithstanding the provisions of the Bulk Schedule for Business, Office and Industrial Districts. Such retail stores greater than 4,000 total square feet shall comply with the retail building standards for B Districts listed below, in addition to the site plan requirements of this Chapter. 1. Building Massing and Faqade Treatment a. Variation in Massing i. A standardized building mass shall be prohibited. For purposes of this Section, the term "standardized" shall include an array of architectural elements, layout, design, logos or similar exterior features that have been applied to four (4) or more retail buildings nationwide. ii. Exterior building walls facing side yards shall include materials and design characteristics consistent with those on the front of the building. iii. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. iv. Awnings. Awnings shall be no longer than a single storefront. b. Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. Generated June 23, 2006 Page 18 Town of $outhold - Letter Board Meeting of .~une 20, 2006 v. Customer Entrances Retail buildings shall have clearly-defined, highly-visible customer entrance(s) featuring no less than three (3) of the following: (a) Canopies or porticos; Co) Overhangs; (c) Recesses/proiections; (d) Arcades; (e) Raised corniced parapets over the door; (f) Peaked roof forms; (g) Arches; (h) Outdoor patios; (i) Display windows; 0) Architectural detail such as tile work and (k) moldings integrated into the building structure and design; or Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. vi. Buildings containing a drive-through or drive- u_E window are prohibited. Building Materials a. All primary buildings should be constructed or clad with materials that are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. b. Exterior building materials shall not include the following: Smooth-faced gray concrete block, painted or stained concrete block, unfinished tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; Generated June 23, 2006 Page 19 Town of Southold I Lett~I~l Bo~d Meeting of .lune 20, 2006 3. Signage a. Advm'tisements, including trademark logos, service marks ma,/not be affixed, painted or glued onto the windows of the business or onto an,/exterior structures, including waste disposal receptacles and flags. b. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. 4. Site Design a. The principal building entrance shall face the primary street frontage and/or sidewalk where practical. 5. Off-Street Parking a. No greater that thirty percent (30%) of the off street parking spaces provided for all uses contained in the development's building(s) shall be located between the front facade of the building(s) and the primary abutting street. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. b. Parking areas shall be screened from adjacent properties, treets and public sidewalks, pursuant to § 100- 214. Landscaped Parking 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 (17) which may be permitted as a special exception b,/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 8,000 total square feet of gross floor area in any building, up to a maximum of 15,000 total square feet of such gross floor area in an,/building (excluding unfinished basement and attic areas), subject to the following requirements: (a) Compliance with the retail building standards for B Districts listed below, in addition to the site plan requirements of this Chapter. Generated June 23, 2006 Page 20 Town of Southold - Letter Board Meeting of June 20, 2006 1. Building Massing and Facade Treatment a. Variation in Massing i. A standardized building mass shall be prohibited. For purposes of this Section, the term "standardized" shall include an array of architectural elements, layout, design, logos or similar exterior features that have been applied to four (4) or more retail buildings nationwide. ii. Exterior building walls facing side yards shall include materials and design characteristics consistent with those on the front of the building. iii. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. iv. Buildings shall achieve architectural variation through the inclusion of architectural features such as columns, ribs or pilasters, piers, changes in wall planes and changes in texture or materials consistent with the architecture of adjacent buildings and community character. v. Awnings. a. Awnings shall be no longer than a single storefront. b. Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. vi. Customer Entrances Generated June 23, 2006 Page 21 Town of $outhold Bo~d Meeting of June 20, 2006 Retail buildings shall have clearly-defined, highly-visible customer entrance(s) featuring no less than three (3) of the following: (a) Canopies or porticos; (b) Overhangs; (c) Recesses/projections; (d) Arcades; (e) Raised corniced parapets over the door; (f) Peaked roof forms; (g) Arches.; (h) Outdoor patios; (i) Display windows; (j) Architectural detail such as tile work and moldings (k) integrated into the building structure and design; or Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. vii. Buildings containing a drive-through or drive-up window are prohibited. 2. Building Materials a. All primary buildings should be constructed or clad with materials that are durable, economically-maintained, and ora quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. b. Exterior building materials shall not include the following: Smooth-faced gray concrete block, painted or stained concrete block, unfinished tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; 3. Signage a. Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including Generated June 23, 2006 Page 22 Town of Southold - Letter Board Meeting of .lune 20, 2006 waste disposal receptacles and flags. b. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. 4. Site Design a. The principal building entrance shall face the primary street frontage and/or sidewalk where practical. 5. Off-Street Parking a. No greater that thirty percent (30%) of the off street parking spaces provided for all uses contained in the development's building(s) shall be located between the front facade of the building(s) and the primary abutting street. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. b. Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to § 100-214· Landscaped Parking Area. (b) The Planning Board shall determine that the proposed retail store(s) will not 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. The study shall be completed within ninety days of receipt of all requested materials and the applicant shall be afforded the opportunity to submit its own such study. The Planning Board shall make such determination within thirty days of its receipt of the study. Such study shall include an analysis of the projected impact of the retail store(s) on: ii_. iii_~. ivy. The existing local retail market, including market shares, if applicable. The supply and demand for local retail space. Local wages, benefit and employment. Revenues retained within the local economies of the Town of Southold. Public service and facilities costs. vi_~. Public revenues. vii. Impacts on municipal taxes. Generated June 23, 2006 Page 23 Town of Southold - Lett~I~ Bo~d Meeting of June 20, 2006 IlL SEVERABILITY viii. ix~ Impacts of property values in the community. Effects on retail operations in the surrounding market area. Employee housing needs, if applicable. The Town of Southold's ability to implement its Comprehensive Plan consistent with the proposed proiect. 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: Louisa P. Evans, Justice AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated June 23, 2006 Page 24 RESOLUTION 2006-518 ADOPTED DOC ID: 1917 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-518 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 6, 2006: 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; and 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. 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Wickham, Ross, Edwards, Russell, Krupski Jr. ABSENT: Louisa P. Evans SEQR 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular 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 been 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: Part 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. Part 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 potentiallyJarge impact. The form also identifies whether an impact can be mitigated or reduced. Part 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 Identify 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 result 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, B. 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 Size Limitations on Retail Uses Name of Action Town of Southold - Town Board Name of Lead Agency Scott A. Russell Supervisor Print or Type Name of Responsible Office in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) June 2006 Date 1 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 envirenmenL Flease 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 Size Limitations on Retail Uses LOCATION OF ACTION HB and B zoning districts NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE Town of Southold (631) 764-1939 ADDRESS Town Hall, 53095 Route 25 CITY/PO I STATE ZIP CODE Southold I New York 11971 NAME OF OWNER(if different) BUSINESS TELEPHONE ADDRESS CITY/PO I STATE IZIP CODE DESCRIPTION OF ACTION This action involves limiting the size of retail uses in the HI] Hamlet Business and B General Business zoning districts so that new retail development shall be property integrated into the hamlets in a manner that is compatible with the character of the community, and sustains the business districts. 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 E~]lndustrial [] Commercial [] Residential(suburban) []Rural(non-farm) [] Forest [] Agriculture []Other Total acreage of project area: Approximately 425 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 Vacant Land Roads, buildings and other paved surfaces Other (Indicate type) (Park Open Space) PRESENTLY AFTER COMPLETION NIA N/A NIA N/A N/A N/A N/A NIA N/A NIA 3 acres 3 acres 413 acres 413 acres 9 acres 9 acres 5. Approximate percentage of proposed project site with slopes: [] 0-10% 85% [--~15% or greater __ What is predominant soil type(s) on project site? Urban Land, Carver-PIymouth-Riverhead, Haven-Riverhead Association a. Soil drainage: [] Well drained 80% of site [] Moderately well drained 20% of site [] Poorly drained __ % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 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% 15% 2 6. Is project substantially contiguous to,~r contain a building, site, or district, listed onl~e 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 ia the depth of the water table? ~ 5' .(in feet) 9. Is site located over a primary, 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 Heritage 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 open spaces 14. Does the present site include scenic views known to be important 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 Long Island Sound~ Peconic Bay 16. Lakes ponds, wetland areas within or contiguous to project area: a. Name Laurel Laker 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 NYCRR 6177 [] 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 or control[ed by project sponsor N/A b. Project acreage to be developed: 425 acres initially; 425 acres ultimately. c. Project acreage to remain undeveloped N/A d. Length of project, in miles: N/A (if appropriate). e. If the project is an expansion, indicate percent of expansion proposed N/A f. Number of off-street parking spaces existing No Change ; proposed N/A g. Maximum vehicular trips generated per hour No Change h. If residential, Number and type of housing units: N/A Initially Ultiumately One Family (2) Two Family Multiple Family 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. Condominium length 3 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 period of construction 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 N/A months, (including demolition). .year,(including demolition). year. [] Yes [] No N/A 12. Surface liquid waste disposal involved? [] Yes [] No a. If yes, indicate type of waste (sewage, industrial, etc.) and 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 [] No 15. Is project, or any portion of project, located in a 100 year flood plain? [] Yes [] No 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 facility 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? [] Yes e. If Yes, explain [] No 17. Will the project involve the disposal of solid waste? [] Yea [] No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? [] Yes [] No 19. Will project routinely produce odors (more than one hour per day)? [] Yes [] No 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) [] No 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 Federal funding? [] Yes [] No If yes, explain 4 25. Approvals Required: City, Town, Village Board City, Town, Village Planning Board City, Town Zoning Board City, County Health Department Other Local Agencies Other Regional Agencies State Agencies Federal Agencies [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] 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 [~site plan [] new/revision of master plan [] resource management plan [] other 2. What is the zoning classification(s) of the site? HB, B zoning 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 site7 N/A 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning7 Reduced per new zoning requirements 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? Commerclal~ Residential~ Recreational~ A~ricultural~ Open Space 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 subdivision 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. If 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. Applicant/Sponsor Name Town of Southold Date June~ 2006 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. 5 Part 2 - PROJECT IMPACTS AND THFIR 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 1 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 r YES Examples that would apply to column 2 · Any construction on slopes of 15% or 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 r~YES · Specific land forms: I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Proiect Change [] [] [] Yes [] No [] [] [] Yes [] NO [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Froject Chanae [] [] [] 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 [] [] [] 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 more than 100 cubic yards of 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: 4. Will Proposed Action affect any non-protected existing or new body of water? [] NO []YES Examples that would apply to column 2 · A 10% increase or decrease in the sun"ace area 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 sun"ere area. · Other impacts: of water to the extent that there 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 commercial 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 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. · Froposed 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 7 · 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 F~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 podion 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 intedere 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 imporlant vegetation. · Other impacts: IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? [] NO [~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.) 8 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 [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] Ne [] [] [] 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: IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources? [] NO E~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 resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. · Project components that wirl result in the elimination or significant screening of scenic views known to be important to the area. · Other impacts: 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 archaeological 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: IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity 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: Ilk lW I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Chan~le [] [] [] 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 IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR617.14(g)? [] NO E~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 wilt result in a reduction in the quantity of the resource? · Proposed Action will result in a reduction in the quality of the resource? · Proposed Action will impact the use, function or enjoyment of the resource? · Other impacts: IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? [] NO E]YES Examplea 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: IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? [] NO E~]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: 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: 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Chan~le [] [] [] 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 10 IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? [] NO [~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 ~IyEs 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 community. · 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: Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Proiect Chan~le [] [] [] 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 20. Is there, or is there 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 (If 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 applicable) 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 HB and B 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. 12 617.21 Appendix F State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance SEQR Project Number Date June 2006 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: Retail Use Size Limitations SEQR Status: Type I [] Unlisted [] Conditioned Negative Declaration: Yes [] No [] Description of Action: 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. Location: (Include street address and the name of the municipality/county. A location map of appropriate scale is also recommended.) The HB and B 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 amendments involve limiting 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. The amendments will restrict the amount of new retail space that can be constructed, and as such, will correspondingly reduce potential adverse environmental impacts resulting from future retail development. The action will not result in a significant adverse change in existing air quality. The proposed amendments to the size of retail development in the HD and B zoning districts will limit retail development which will in turn reduce the number of vehicle trips (including truck delivery trips) in the Town's hamlets and general business districts. As a result, the action will decrease the potential for adverse air quality impacts. No significant negative impacts to surface or ground water features will result from the proposed action. The amendments will limit the size of new retail development. It should be noted that the B and particularly the HD districts are substantially built-out already. The limited amount of new development that might have otherwise been permitted, would be further restricted under the proposed action. 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 will limit the size of new retail development. The proposed action will therefore, not result in adverse noise impacts. The project will not create any new flooding impacts. Most of the Town's HD and B zoning districts are located outside of flood prone areas. New retail 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 reduce overall new retail development square footages. New retail uses may modify existing traffic generation rates and/or traffic patterns somewhat. These potential changes will be reviewed on a case by case basis during site plan reviews. Appropriate controls, limitations and mitigation measures will be imposed as necessary. However, it is important to note that the proposed amendments reduce potential retail square footages. It can therefore be anticipated that the adoption of the proposed amendments will not result in a significant adverse impact to traffic conditions. 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 potential new retail development in the B and HB zoning districts. Both of these districts are nearly fully built-out today. No large undeveloped areas with undisturbed vegetation exist in these areas. The proposed limitations on the size of new retail development will likely allow the Planning Board to preserve existing significant trees. As a result; the proposed action will have no significant negative impact to vegetation. No rare, threatened or endangered species of animals, or the habitat of such species have been identified in the hamlet centers and business areas of the Town zoned HB and B. New retail development, even that allowed under the restrictions and limitations proposed in the current action, will not result in any significant adverse impact to any rare, threatened or endangered species of animals, or the habitat of such species The proposed action does not create a material conflict with the community's current development plans or goals. In fact, the proposed action is wholly consistent with the Town's vision for the future and comprehensive plan. 10.The proposed amendments are not anticipated to result in any adverse impacts to historical or archaeological resources. 11. Limiting retail development to conform to the character of the community will not result in any significant adverse aesthetic impacts. 12,The proposed action will not result in a major change in the quantity or type of energy currently used. The proposed action will actually limit the amount of future retail development that might otherwise be permitted if the action were not adopted. No significant adverse energy 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. Hometown Proud ]'own Southold Town Board Route 25 Southold, NY 11971 Re: Big Box Legislation June 6, 2006 To the Members of the Town Board, I have some serious concerns regarding the proposed big box legislation that you are about to enact. As previously stated in my correspondence to your Board on December 14, 2005, I feel that this law will have a detrimental effect on my business and its future in Southold. I feel that grocery stores should be wholly exempt from this legislation. I will reiterate some of these concerns. I presently own the 16,000 square foot IGA building in the Hamlet Business Zone in Southold. My building also houses a luncheonette as a tenant. Under the proposed legislation, I would become non-conforming. Your legislation says that I am not a welcome business within the Town. If the Luncheonette closes or decides to move, 1 can't occupy this space that I already own, because I would not conform to the new legislation. I have constant requests from our customers who love our store but wish for us to expand in order to provide a greater variety of food choices. I presently can not accommodate them and many travel to Cutchogue or Mattituck for their shopping. At the price of gas today this becomes an increasing burden. I feel that you're are creating a virtual monopoly for the other food stores in Town, (ie: King Kullen and Waldbaums at well over 40,000 sq f~ each, not including the other tenants in their shopping centers).As I understand your law, your definition of retail includes my supermarket. Is it a supermarket that serves the daily needs of our residents what your are trying to stop? The way that I understand it, none of the three major grocery stores in Town will ever be able to have one more additional square foot of space, regardless of how many people move here. I understand and appreciate the development pressures that are on our Town. However, with the inevitable growth that we will experience as we get to our ultimate buildout, all of our residents still need to eat every day. Why does this proposed law affect me? i urge this Board to change its definition of retail at the very same moment that it passes any new legislation that would negatively affect my business. This plan has far reaching effects that still have not been properly dealt with to my satisfaction. Thank you for your time and serious consideration. Charlie Reichert Southold IGA PLANNING BOARD MEMBERS~ JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED MEMORANDUM JUN 6 2006 To: From: Scott Russell, Town Supervisor Members of the Town Board Kieran Corcoran, Assistant Town Attorney Jerilyn B. Woodhouse, Planning Board Chairperson ~,Y Members of the Planning Board Date: June 1,2006 Re: Local Law entitled "A local law in Relation to Size Limitations on Retail Uses." The Planning Board supports the adoption of the, above referenced, Local Law with consideration of the following comments: 1. Insert the term "standardized" in (7) (a), i., (a) to clarify the prohibited building types. 2. Define the term "Hamlet Centers" as indicated in (10), (a), 1., a., iii, (b) If you have any questions or need additional information, please contact this office. 0610512006 12;33 631-~5304~ S C PLANING cOUNTY OF SUFFOLK SL FFOLK COUND' E~ECUTIVE DEPARTMENT OF pLAIq. NING" N~ay 24, ~.006 PAGE 02 TI-lOMaS iSLES, JUN 5 2006 Ms, Elizabeth Neville~ To~n Cl~rk Town of Rotnbold 53095 ~ l~.~ad - P.O. Box 1179 ScrcthoJ~ ~ 11971 Applicant: To'~v'a of Sou~old Zr,nir~ ActiolX: Am~ndmellt to Sect~o~ 100-91 & 10l "Use Public llearh~,g D~e: 6/6//06 SC. PC File No.: 8D-06-03 Dear Ms. N~dlle: to 23 of the Suffolk County Aamini.¢wative Code, · c above ~cf~c~ ~ w~ct~ h~ ~ sub~Rc~ to ~¢ $~olk Co~ p~nnmg conSi~¢d to be a ~R~ f~ local ~aU~ ~ ~ is ~o a~t d~ co~W-~fide or Very truly yoms, Thoma~ Ist¢% AICP Director of planning Chief Planne~ .t~F:cc MAILING ADDRF.~ P, O, SOX 6100 HAUPPAUGE, NY 1178,tt.43099 ~oo v~L 'd~s N~Iil~ 6 l 'ON"~HWAX ~1} 853-5t 90 TELI~CO?IER 65 853.,4,044 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Town of Southold Town Board Kieran Corcoran, Assistant Town Attorney From: Mark Terry, Senior Environmental Planner LWRP Coordinator RECEIVED dUN - 2 kl)06 Date: June 1, 2006 $oaIbold Iowa Clad Re: "A Local Law in relation to Amendments to Size Limitations on Retail Uses" 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 this department as well as the records available to me, it is my determination that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 95, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. 1.2006 ':20PM PLANNL~G BOARD MEMBERS JERIL';ffN B. WOODHOUSE Cha~r KENNETPf L. EDW~DS ~ H, SIDOE GEORGE D. SOLOMON JOSEPH L- TO--SEND PLANNrI~G BOARD OFFICE TOWN OF SOUTHOLD NO, '76 P. 2 /~f~" MAILING ADDRESS: P.O. Box 1179 Southold, ICY 11971 OFIFICE LOCATION: Tow~ Hall Annex 54375 State Route 25 (cor. 1Vlai~ Rd, ~ Youngs Ave.) Southold, N~ Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED To~ Town of Southold Town Board Kieran Corcoran, Assistant Town Attorney From: Mark Terry, Senior Environmental Planner LWRP Coordinator JUN 1 2006 $outh~hl Er.'. (lerk Date; lune 1, 2006 Ko: "A Local Law in relation to Amendments to Size Limitations on Retail Uses" 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 provkled to this department as well as the records available to me, it is my deterrn[nation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 95, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action, ~. 1.2006 1:20PM N0,176 p, 1 SCOT1~ A. RUSSELL Supervisor Town I-Iall ~z, nex, 64375 Route 25 P,O, Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1989 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD FAX TRANSMISSION SHEET FAX TO: FROM: DATE: RE: FAX NO.: Number of pages including transmittal sheet: Ms. Linda Cooper Ms. Lynda Bohn Southold Town Clerk's Office Lynne Krauza Secretary to the Town Attorney June 1, 2006 LL Amendments to Size Limitations on Retail Uses (631) 765-6145 2 MESSAGE: Kieran asked me to fax to you and Lynda Bohn the attached Memo from Mark Terry, LWRP Coordinator, in connection with the referenced matter. Please, include this in your public hearing file. Thank you, PLEASE CALL 631-765-1939 WITH ANY QUESTIONS OR TRANSMrVI-AL PROBLEMS. PLEASE NOTE: The information contained in this facsimile message is privileged and confidential, and is intended only for the individual named above and others who have been specifically authorized to receive it. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, or if any problems occur with transmission, kindly contact the office of the Southold Town Attorney at (631) 765-1939. Thank you. _~73 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, m said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for t weeks, successively, comr~ncing on the 18th.day of May , 2006. Principal Clerk Sworn to before me this 2006 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01 -VO61050.50 Qualified In Suffolk Courtly Commission Expires February 28, 2008 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 SOUTItOLD May 25, 2006 RECEIVED JUN 2 8 3)06 %uthold 1'own Cler~ PLEASE TAKE NOTICE that thc Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Laws on JUNE 6~ 2006, thc Local Laws arc entitled, "A Local Law in relation to Size Limitations on Retail Uses" and "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law." Please sign the duplicate o£this letter and return to me at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK NOTE: Copies of these Local Laws were sent May 17, 2006 with wrong date of meeting on cover letter. Above date is corrected date of hearings. ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER ~orthfork.net OFFICE OF THE TOWN CLERk_ R[C?~:~, ~. May 25, 2006 ~~~ : ~?~ PLEASE, TAKE NOTICE that the Town Board of thc Town of Southold will holdW-public hearing on the aforesaid Local Laws on SEINE 6~ 2006, the Local Laws are entitled, "A Local Law in relation to Size Limitations on Retail Uses" and "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law." Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK NOTE: Copies of these Local Laws were sent May 17, 2006 with wrong date of meeting on cover letter. Above date is corrected date of hearings. 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 May 25, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Laws on JUNE 6, 2006, the Local Laws are entitled, "A Local Law in relation to Size Limitations on Retail Uses" and "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law." Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals signatu-~e.~ Redeived B~ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK NOTE: Copies of these Local Laws were sent May 17, 2006 with wrong date of meeting on cover letter. Above date is corrected date of hearings. 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 ~ ao~rtholdtown~nor t hfork:rret', ........ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 25, 2006 PLEASE TAKE NOTICE that the Town Board of thc Town of Southold , hearing ott~th~ aforesaid Local Laws on JUNE 6, 2006, the Local Laws are entitled, "A.L~oe._al~:in ~relatlO~i:.~: Limitations on Retail Uses" and "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law." Please sign the duplicate of this letter and return to mc at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK NOTE: Copies of these Local Laws were sent May 17, 2006 with wrong date of meeting on cover letter. Above date is corrected date of hearings. 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 May 22, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Laws on JUNE 6~ 2006, the Local Laws are entitled, "A Local Law in relation to Size Limitations on Retail Uses" and "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law." Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors S~Town Building Department ~S {g~ture, Receiv ~ ~e~7~ Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: ~-/~//~ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK NOTE: Copies of these Local Laws were sent May 17, 2006 with wrong date of meeting on cover letter. Above date is corrected date of hearings. B~ARD OF ASSESSORS TOWN Oi: SOU~HOLD 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 Fox (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 25, 2006 PLEASE OTICE that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Laws on JUNE 6~ 2006, the Local Laws are entitled, "A Local Law in relation to Size Limitations on Retail Uses" and "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law." Please sign thc duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Grecnport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK NOTE: Copies of these Local Laws were sent May 17, 2006 with wrong date of meeting on cover letter. Above date is corrected date of hearings. 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 May 25, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Laws on JUNE 6~ 2006, the Local Laws are entitled, "A Local Law in relation to Size Limitations on Retail Uses" and "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law." Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors ~' Southold Town Buil~g~ Department Signature, Received B~, Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK NOTE: Copies of these Local Laws were sent May 17, 2006 with wrong date of meeting on cover letter. Above date is corrected date of hearings. 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 May 25, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Laws on JUNE 6, 2006, the Local Laws are entitled, ~A Local Law in relation to Size Limitations on Retail Uses" and "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law." Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, RecaP/red ~3y' ~/ Date: DUPLICATE TO BE SIGNED AND RETURNED SOUTHOLD TOWN CLERK NOTE: Copies of these Local Laws were sent May 17, 2006 with wrong date of meeting on cover letter. Above date is corrected date of hearings. 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 May 25, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Laws on JUNE 6~ 2006, the Local Laws are entitled, "A Local Law in relation to Size Limitations on Retail Uses" and "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Re-dew Law." Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By / DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK NOTE: Copies of these Local Laws were sent May 17, 2006 with wrong date of meeting on cover letter. Above date is corrected date of hearings. 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 May 25, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Laws on JUNE 6~ 2006, the Local Laws are entitled, "A Local Law in relation to Size Limitations on Retail Uses" and "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law." Please sign the duplicate of this letter and return to mc at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Slgn'~afure, Received By Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK NOTE: Copies of these Local Laws were sent May 17, 2006 with wrong date of meeting on cover letter. Above date is corrected date of hearings. ELIZABETH A. NEVILLE TOWN CLERK REGISTI~R 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 May 17, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the aforesaid Local Laws on May 23, 2006, the Local Laws are entitled, "A Local Law in relation to Size Limitations on Retail Uses" and "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By Date: J//f/7/~6 DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIVED ~/AY 2 4 2006 qoutht, l,t fown Clef[ 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 May 17, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the aforesaid Local Laws on May 23, 2006, the Local Laws are entitled, "A Local Law in relation to Size Limitations on Retail Uses" and "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department ~d~e, Rcc,.tved t~yJ Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIVED gAY 2 4 2ffi6 Southol& 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 May 17, 2006 PLEASE TAKE NOTICE that thc Town Board of the Town of Southold will hold a PUBLIC HEARING on the aforesaid Local Laws on May 23, 2006, the Local Laws are entitled, "A Local Law in relation to Size Limitations on Retail Uses" and "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Plarming Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By DUPLICATE TO BE SIGNED AND RETURNED TO 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 May 17, 2006 PLEASE TAKE NOTICE that thc Town Board of the Town of Southold will hold a PUBLIC HEARING on the aforesaid Local Laws on May 23, 2006, the Local Laws are entitled, "A Local Law in relation to Size Limitations on Retail Uses" and "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Sig~t~l~, Received~By/ // DUPLICATE TO BE SIGNED AND RETURNED TO (~ ' SOUTHOLD TOWN CLERK RECEIVED MAY 2 4 2006 %utholrl Town Clef! ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER "OFFICE OF THE TOWN CLERK MAY I 8 ~ ~ ' · TOWN OF SOUTHOLD ~ May 17, 2006 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the aforesaid Local Laws on May 23, 2006, the Local Laws are entitled, "A Local Law in relation to Size Limitations on Retail Uses" and "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Si~,..ature, Recei~d~y~ Date: DUPLICATE TO BE SIGNED AND RETURNED TO 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 May 17, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARiNG on the aforesaid Local Laws on May 23, 2006, the Local Laws are entitled, "A Local Law in relation to Size Limitations on Retail Uses" and "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law". Please sign thc duplicate of this letter and return to me at your earliest convenience. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Signature, Rc~iBy~( '~'''t/'~'~ {''c''''~// Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS 1V~X. RRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 17, 2006 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net RECEIVED t AY 2 2 2005 Southolrl Town Cler~ PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the aforesaid Local Laws on May 23, 2006, the Local Laws are entitled, "A Local Law in relation to Size Limitations on Retail Uses" and "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals "! MAY 18 Date: ij~l DUPLICATE TO BE SIGNED AND RETU~ SOUTHOLD TOWN CLERK ELIZukBETH 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 May 17, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEAR1NG on the aforesaid Local Laws on May 23, 2006, the Local Laws are entitled, "A Local Law in relation to Size Limitations on Retail Uses" and "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By ~ Date: DUPLICATE TO BE SIGNED AND RETURNED TO 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 May 17, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the aforesaid Local Laws on May 23, 2006, the Local Laws are entitled, "A Local Law in relation to Size Limitations on Retail Uses" and "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Sign"~a{'ure, Received By Date: DUPLICATE TO BE SIGNED AND RETURNED TO 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 May 17, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the aforesaid Local Laws on May 23, 2006, the Local Laws are entitled, "A Local Law in relation to Size Limitations on Retail Uses" and "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signa~r~, l~ec/ei~ed B-y DUPLICATE TO BE SIGNED AND RETURN-~ SOUTHOLD TOWN CLERK LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 9th day of May, 2006 a Local Law entitled "A Local Law in relation to Size Limitations on Retail Uses", and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 6th of June, 2006 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 Size Limitations on Retail Uses" reads as follows: LOCAL LAW NO. OF 2006 A Local Law entitled, "A Local Law in relation to Size Limitations on Retail Uses". 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 geo'~:aphy 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 limits on the sizes of retail structures 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 retail businesses will comply with the Town's design standards and to demonstrate that the new structure will be in harmony with surrounding community and local economy. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 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 6,000 total square feet of gross floor area in any building (inclusive of all floor area associated with the retail store(s)), notwithstanding the provisions of the Bulk Schedule for Business, Office and Industrial Districts. Such retail stores greater than 3,000 total square feet shall comply with the retail building standards for HB Districts listed below, in addition to the site plan requirements of this Chapter. (a) Building Massing and Facade Treatment i. Variation in Massing (a) A single, large, dominant building mass shall be prohibited. (b) There shall be no blank, unarticulated, exterior building walls. All exterior building walls shall include materials and design characteristics consistent with those on the front of the building. ii. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using -2- features such as windows, entrance'g~, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. (b) To maintain the "Main Street" character in the Hamlet Co) Centers (requires definition), buildings shall be sited with a zero (0) or minimum setback from the front property line or primary pedestrian walkways and be transparent between the height of three (3) feet and eight (8) feet above the grade of the walkway for no less than sixty 60% of the horizontal length of the building facade. iii. Awnings. (a) Awnings shall be no longer than a single storefront. (b) Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. iv. Customer Entrances Buildings shall have clearly-defined, highly-visible customer entrance(s) featuring no fewer than three (3) of the following: (a) (b) (c) (d) (e) (g) (h) (i) O) (k) Canopies or porticos; Overhangs; Recesses/proiections; Arcades; Raised corniced parapets over the door; Peaked roof forms; Arches; Outdoor patios; Display windows; Architectural detail such as tile work and moldings integrated into the building structure and design; or Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. v. Buildings containing a drive-through or drive-up window are prohibited. Building Materials 1. All buildings should be constructed or clad with materials that are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. -3- 2.~ Exterior building materials shall no~nclude the following: i. Smooth-faced gray concrete block, painted or stained concrete block, tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; (c) Signage 1. Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. 2. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. (d) Site Design 1. The principal building entrance shall face the primary street frontage and/or sidewalk. 2. New construction along primary pedestrian walkways within the Hamlet Centers (requires definition) shall have a zero (0) or minimum setback from the sidewalk/front property line, whenever possible, to reinforce the "Main Street" street wall. (e) Off-Street Parking 1. Off-street parking shall not be located in the front yard between the front facade of the building (s) and the primary abutting street. Parking areas must be located in the side and rear yards of the building. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. 2. Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to § 100-214. Landscaped Parking 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 6,000 total square feet of gross floor area in any building, up to a maximum of 12,000 total square feet of such gross floor area in any building (inclusive of all floor area associated with the retail store(s)), subject to the following requirements: -4- to the site plan requirements of this Chapter. 1. Building Massing and Facade Treatment a. Variation in Massing i_. A single, large, dominant building mass shall be prohibited. ii_. There shall be no blank, unarticulated, exterior building walls. All exterior building walls shall include materials and design characteristics consistent with those on the front of the building. iii. Building walls that face public streets, connecting pedestrian walkways, or adiacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. (b) To maintain the "Main Street" character in the Hamlet Centers (requires definition), buildings shall be sited with a zero (0) or minimum setback from the front property line or primary pedestrian walkways and be transparent between the height of three (3) feet and eight (8) feet above the grade of the walkway for no less than sixty 60% of the horizontal length of the building facade (c) Buildings shall consist of a building bay or structural building system that is a maximum of thirty feet (30') in width. Bays shall be visually established by architectural features such as columns, ribs or pilasters, piers, changes in wall planes and changes in texture or materials. -5- NO YES iv. Awnings. (a) Awnings shall be no longer than a single storefront. (b) Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. v. Customer Entrances Buildings shall have clearly-defined, highly-visible customer entrance(s) featuring no fewer than three (3) of the following: ( ) Canopies or porticos; ( ) Overhangs; ( ) Recesses/projections; ( ) Arcades; ( ) Raised corniced parapets over the door; ( ) .Peaked roof forms; ( ) Arches; ( ) Outdoor patios: ( ) Display windows: ( ) Architectural detail such as tile work and () moldings integrated into the building structure and design; or Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. vi. Buildings containing a drive-through or drive- u~ window are prohibited. -6- 2. Building Materials a. All buildings should be constructed or clad with materials that are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. b. Exterior building materials shall not include the following: i. Smooth-faced gray concrete block, painted or stained concrete block, tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; Signage a. Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. b. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. Site Design a. The principal building entrance shall face the primary street frontage and/or sidewalk. b. New construction along primary pedestrian walkways within the Hamlet Centers (requires definition) shall have a zero (0) or minimum setback from the sidewalk/front property line, whenever possible, to reinforce the "Main Street" street wall. Off Street Parking a. Off-street parking shall not be located in the front yard between the front facade of the building (s) and the primary abutting street. Parking areas must be located in the side and rear yards of the building. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to § 100-214. Landscaped Parking Area. (b) The Planning Board shall determine that the proposed retail store(s) will not 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: ii. iii. iv. vii. viii. ix. The existing local retail market, including market shares, if applicable. The supply and demand for local retail space. Local wages, benefit and emplownent. Revenues retained within the local economies of the Town of Southold. Public service and facilities costs. Public revenues. Impacts on municipal taxes. Impacts of property values in the community. Effects on retail operations in the surrounding market area. Employee housing needs, if applicable. The Town of Southold's ability to implcnnent its Comprehensive Plan consistent with the proposed project. § 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 8,000 total square feet of gross floor area in any building (inclusive of all floor area associated with the retail store(s), notwithstanding the provisions of the Bulk Schedule for Business, Office and Industrial Districts. Such retail stores greater than 4,000 total square feet shall comply with the retail building standards for B Districts listed below, in addition to the site plan requirements of this Chapter. Building Massing and FaCade Treatment Variation in Massing i. A single, large, dominant building mass shall be prohibited. ii. There shall be no blank, unarticulated, exterior building walls. All exterior building walls shall include materials and design characteristics consistent with those on the front of the building. iii. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. iv. Awnings. a. Awnings shall be no longer than a single storefront. b. Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. v. Customer Entrances Retail buildings shall have clearly-defined, highly- visible customer entrance(s) featuring no less than three (3) of the following: (a) Canopies or porticos; (b) Overhang; (c) Recesses/projections; (d) Arcades; (e) Raised corniced parapets over the door; (0 Peaked roof forms; (g) Arches; (h) Outdoor patios; (i) Display windows; (.j) Architectural detail such as tile work and moldings integrated into the building structure and design; or -9- (k) Integral planters"lSl~ wing walls that incorporate landscaped areas and/or places for sitting. vi. Buildings containing a drive-through or drive- up window are prohibited. 2. Building Materials a. All primary buildings should be constructed or clad with materials that are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. b. Exterior building materials shall not include the following: i. Smooth-faced gray concrete block, painted or stained concrete block, tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; 3. Signage a. Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. b. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. 4. Site Design a. The principal building entrance shall face the primary street frontage and/or sidewalk. 5. Off Street Parking a. No greater that thirty percent (30%) of the off street parking spaces provided for all uses contained in the development's building(s) shall be located between the front facade of the building(s) and the primary abutting street. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. Parking areas shall be screened from adjacent -10- properties, streets and'~blic sidewalks, pursuant to § 100-214. Landscaped Parking 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 (17) 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 8,000 total square feet of gross floor area in any building, up to a maximum of 15,000 total square feet of such gross floor area in any building (inclusive of all floor area associated with the retail store(s), subject to the following requirements: (a) Compliance with the retail building standards for B Districts listed below, in addition to the site plan requirements of this Chapter. 1. Building Massing and Facade Treatment a. Variation in Massing i. A single, large, dominant building mass shall be prohibited. ii. There shall be no blank, unarticulated, exterior building walls. All exterior building walls shall include materials and design characteristics consistent with those on the front of the building. iii. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. iv. Buildings shall consist of a building bay or structural building system that is a maximum of thirty feet (30') in width. Bays shall be visually established by architectural features such as columns, ribs or pilasters, piers, changes in wall planes and changes in texture or materials. -11- NO YES v. Awnings. a. Awnings shall be no longer than a single storefront. b. Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. vi. Customer Entrances Retail buildings shall have clearly-defined, highly- visible customer entrance(s) featuring no less than three (3) of the following: Canopies or porticos; Overhangs; Recesses/proiections; Arcades; Raised corniced parapets over the door; Peaked roof forms; Arches; Outdoor patios; Display windows; Architectural detail such as tile work and moldings integrated into the building structure and design; or Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. -12- vii. Buildings containing a drive-through or drive- up window are prohibited. Building Materials a. All primary buildings should be constructed or clad with materials that are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. b. Exterior building materials shall not include the following: i. Smooth-faced gray concrete block, painted or stained concrete block, tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; Signage a. Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. b. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. Site Design a. The principal building entrance shall face the primary street frontage and/or sidewalk. Off-Street Parking No greater that thirty percent (30%) of the off street parking spaces provided for all uses contained in the development's building(s) shall be located between the front facade of the building(s) and the primary abutting street. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. i. Parking areas shall be screened from adiacent properties, streets and public sidewalks, pursuant to § 100-214. Landscaped Parking Area. -13- (b) The Planning Board shall determine that the proposed retail store(s) will not 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 proiected impact of the retail store(s) on: ii. iii. iv. vii. viii. ix. The existing local retail market, including market shares, if applicable. The supply and dcnnand for local retail space. Local wages, benefit and employment. Revenues retained within the local economies of the Town of Southold Public service and facilities costs. Public revenues. Impacts on municipal taxes. Impacts of property values in the community. Effects on retail operations in the surrounding market area. Employee housing needs, if applicable. The Town of Southold's ability to implement its Comprehensive Plan consistent with the proposed proiect. 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. Dated: May 9, 2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON MAY 18, 2006, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Clerk's Bulletin Board Planning Board Zoning Board of Appeals Town Attorney Building Department -14- STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the I (~ day of t/V~c~,.y~ ,2006, she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Size Limitations on Retail Uses June 6, 2006 at 8:00 pm - ~lizabet'h A. N~vill~/ Southold Town Clerk Sworn before me this I?_ day of }q/~ ~ _, 2.006. '~ Nd~r~' ~ublic LYNDA M. BOHN NOTARY PUBLIC, State of New Yo~ No. 01 BO6020932 Qualified in Suffolk Coun~ Term Expires March 8, 20 ~ 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 sout holdtown.northfork,net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 11, 2006 Re: Resolution No. ~l~l~regarding proposed Local Law in relation to "A Local Law in relation to Size Limitations on Retail Uses". Thomas Isles, Director of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Isles: The Southold Town Board at their regular meeting on May 9, 2006 adopted the above resolution.. A certified copy of this resolution is enclosed. Please prepare an official report defining the Planning Commissions recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law has also been sent to the Southold Town Planning Board for their review. The date and time for the public heating is 8:00 PM, Tuesday, June 6,2006. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Southold Town Clerk Enclosures (1) cc: Town Board Town Attorney 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 May 11, 2006 Re: Resolution No. 442 regarding proposed Local Law in relation to Size Limitations on Retail Uses Jeri Woodhouse, Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Ms. Woodhouse: The Southold Town Board at their regular meeting held on May 9, 2006 adopted the above resolution. A certified copy of same is enclosed. Please prepare an official report defining the Planning Board's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law has also been sent to the Suffolk County Planning Department for their review. The date and time for the public hearing on the Local Law in relation to Size Limitations on Retail Uses is 8:00 PM, Tuesday, June 6, 2006. Should you have any questions, please do not hesitate to contact me. Thank you. ~v~truly yours, · ~eville~ Southold Town Clerk Enclosures (1) cc: Town Board Town Attorney Town of Southold - Letter Board Meeting of May 9, 2006 RESOLUTION 2006-442 ADOPTED Item # 45 DOC ID: 1839 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-442 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 9, 2006: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 9th day of May, 2006 a Local Law entitled "A Local Law in relation to Size Limitations on Retail Uses"., now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 6th of June, 2006 at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard; and be it further RESOLVED that the Town Board of the Town of Southold hereby directs the Town Clerk to transmit this proposed Local Law to the Suffolk County Planning Commission and the Town of Southold Planning Board for their reports and recommendations. The proposed Local Law entitled, "A Local Law in relation to Size Limitations on Retail Uses" reads as follows: LOCAL LAW NO. OF 2006 A Local Law entitled, "A Local Law in relation to S~ze L~mitations on Retail Uses . 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 Generated May 11, 2006 Page 55 Town of Southold - Letter Board Meeting of Nay 9, 2006 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 limits on the sizes of retail structures 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 retail businesses will comply with the Town's design standards and to demonstrate that the new structure will be in harmony with surrounding community and local economy. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 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 Plmming Board: (7) Retail stores, up to a maximum of 6,000 total square feet of gross floor area in any building (inclusive of all floor area associated with the retail store(s)), notwithstanding the provisions of the Bulk Schedule for Business, Office and Industrial Districts. Such retail stores greater than 3,000 total Generated May 11, 2006 Page 56 Town of Southold - Letter Board Meeting of May 9, 2006 square feet shall comply with the retail building standards for HB Districts listed below, in addition to the site plan requirements of this Chapter. (a) Building Massing and Facade Treatment i. Variation in Massing a. A single, large, dominant building mass shall be prohibited. b. There shall be no blank, unarticulated, exterior building walls. All exterior building walls shall include materials and design characteristics consistent with those on the front of the building. ii. Building walls that face public streets, connecting pedestrian walkwavs, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. (b) To maintain the "Main Street" character in the Hamlet Centers (requires definition), buildings shall be sited with a zero (0) or minimum setback from the front property line or primary pedestrian walkways and be transparent between the height of three (3) feet and eight (8) feet above the ~rade of the walkway for no less than sixty 60% of the horizontal length of the building facade. iii. Awnings. (a) Awnings shall be no longer than a single storefront. (b) Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. iv. Customer Entrances Buildings shall have clearly-defined, highly-visible customer entrance(s) featuring no fewer than three (3) of the following: Generated May 11, 2006 Page 57 Town of Southold - Letter Board Meeting of May 9, 2006 ¢c) rd) (a) (b) (c) (d) (e) (0 (h) (i) (k) Canopies or porticos; Overhangs; Recesses/projections; Arcades; Raised corniced parapets over the door; Peaked roof forms; Arches; Outdoor patios; Display windows; Architectural detail such as tile work and moldings integrated into the building structure and design; or Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. Buildings containing a drive-through or drive-up window are prohibited. Building Materials 1. All buildings should be constructed or clad with materials that Are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. 2. Exterior building materials shall not include the following: Smooth-faced gray concrete block, painted or stained concrete block, tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; Signage l. Advertisements, including trademark logos, service marks ma,/ not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. 2. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. Site Design Generated May 11, 2006 Page 58 Town of $outhold - Letter Board Meeting of May 9, 2006 1. The principal building entrance shall face the primary street fi.ontage and/or sidewalk. 2. New construction along primary pedestrian walkways within the Hamlet Centers (requires definition) shall have a zero (0) or minimum setback fi.om the sidewalk/front property line, whenever possible, to reinforce the "Main Street" street wall. (e) Off-Street Parking 1. Off-street parking shall not be located in the fi.ont yard Between the front facade of the building (s) and the primary abutting Street Parking areas must be located in the side and rear yards of the building. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. 2. Parking areas shall be screened fi.om adjacent properties, streets and public sidewalks, pursuant to § 100-214. Landscaped Parking 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 6,000 total square feet of gross floor area in any building, up to a maximum of 12,000 total square feet of such gross floor area in any building (inclusive of all floor area associated with the retail store(s)), subject to the following requirements: (a) Compliance with the retail building standards listed below, in addition to the site plan requirements of this Chapter. 1. Building Massing and Facade Treatment a. Variation in Massing L A single, large, dominant building mass shall be prohibited. There shall be no blank, unarticulated, exterior building walls. All exterior building walls shall include materials and design characteristics Generated May 11, 2006 Page 59 Town of Southold ~ Letter Board Meeting of May 9, 2006 consistent with those on the front of the building. iii. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. (b) To maintain the "Main Street" character in the Hamlet Centers (requires definition), buildings shall be sited with a zero (0) or minimum setback from the front property line or primary pedestrian walkways and be transparent between the height of three (3) feet and eight (8) feet above the grade of the walkway for no less than sixty 60% of the horizontal length of the building facade Buildings shall consist of a building bay Or structural building system that is a maximum of thirty feet (30') in width. Bays shall be visually established by architectural features such as columns, ribs or pilasters, piers, changes in wall planes and changes in texture or materials. iv. Awnings. (a) Awnings shall be no longer than a single storefront. (b) Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. v. Customer Entrances Generated May 11, 2006 Page 60 Town of Southold - Letter Board Meeting of May 9, 2006 Buildings shall have clearly-defined, highly- visible customer entrance(s) featuring no fewer than three (3) of the following: (a) Canopies or porticos; (b) Overhangs; (c) Recesses/projections; (d) Arcades; (e) Raised corniced parapets over the door; (f) Peaked roof forms; (g) Arches; (h) Outdoor patios; (i) Display windows; (j) Architectural detail such as tile work and moldings integrated into the building structure and design; or (k) Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. Buildings containing a drive-through or drive- u~p window are prohibited. Building Materials a. All buildings should be constructed or clad with materials that are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. b. Exterior building materials shall not include the following: Smooth-faced gray concrete block, painted or stained concrete block, tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; Signage Generated May 11, 2006 Page 61 Town of Southold - Letter Board Meeting of May 9, 2006 a. Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. b. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. Site Design a. The principal building entrance shall face the primary street frontage and/or sidewalk. b. New construction along primary pedestrian walkways within the Hamlet Centers (requires definition) shall have a zero (0) or minimum setback from the sidewalk/front property line, whenever possible, to reinforce the "Main Street" street wall. 5. Off-Street Parking a. Off-street parking shall not be located in the front yard between the front facade of the building (s) and the primary abutting street. Parking areas must be located in the side and rear yards of the building. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. b. Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to § 100-214. Landscaped Parking Area. (b) The Planning Board shall determine that the proposed retail store(s) will not 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 proiected impact of the retail store(s) on: ii. iii. The existing local retail market, including market shares, if applicable. The supply and demand for local retail space. Local wages, benefit and employment. Generated May 11, 2006 Page 62 Town of $outhold - Letter Board Meeting of May 9, 2006 iv. vi. vii. viii. ix. Revenues retained within the local economies of the Town of Southold. Public service and facilities costs. Public revenues. Impacts on municipal taxes. Impacts of property values in the community. Effects on retail operations in the surrounding market area. Employee housing needs, if applicable. The Town of Southold's ability to implement its Comprehensive Plan consistent with the proposed proiect. § 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 8,000 total square feet of gross floor area in an,/building (inclusive of all floor area associated with the retail store(s), notwithstanding the provisions of the Bulk Schedule for Business, Office and Industrial Districts. Such retail stores greater than 4,000 total square feet shall comply with the retail building standards for B Districts listed below, in addition to the site plan requirements of this Chapter. 1. Building Massing and Fagade Treatment a. Variation in Massing A single, large, dominant building mass shall be prohibited. Generated May 11, 2006 Page 63 Town of Southold - Letter Board Meeting of May 9, 2006 ii. There shall be no blank, unmticulated, exterior building walls. All exterior building walls shall include materials and design characteristics consistent with those on the fi'ont of the building. iii. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scal~, along no less than sixty percent (60%) of the facade. iv. Awnings. Awnings shall be no longer than a single storefront. b. Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. v. Customer Entrances Retail buildings shall have clearly-defined, highly-visible customer entrance(s) featuring no less than three (3) of the following: (a) Canopies or porticos; (b) Overhangs; (c) Recesses/projections; (d) Arcades; (e) Raised corniced parapets over the door; (f) Peaked roof forms; (g) Arches; (h) Outdoor patios; (i) Display windows; Generated May 11, 2006 Page 64 Town of Southold - Letter Board Meeting of May 9, 2006 (j) Architectural detail such as tile work and moldings integrated into the building structure and design; or (k) Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. vi. Buildings containing a drive-through or drive- uv window are prohibited. Building Materials a. All primary buildings should be constructed or clad with materials that are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. b. Exterior building materials shall not include the following: Smooth-faced gray concrete block, painted or stained concrete block, tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; Signage a. Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or onto an,/exterior structures, including waste disposal receptacles and flags. b. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. Site Design a. The principal building entrance shall face the primary street frontage and/or sidewalk. Off-Street Parking Generated May 11, 2006 Page 65 Town of Southold - Letter Board Meeting of May 9, 2006 a. No greater that thirty percent (30%) of the off street parking spaces provided for all uses contained in the development's building(s) shall be located between the front facade of the building(s) and the primary abutting street. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. b. Parking areas shall be screened from adjacent properties, treets and public sidewalks, pursuant to § 100- 214. Landscaped Parking 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 hereina~er provided, except Subsection (17) 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 8,000 total square feet of gross floor area in any building, up to a maximum of 15,000 total square feet of such gross floor area in any building (inclusive of all floor area associated with the retail store(s), subject to the following requirements: (a) Compliance with the retail building standards for B Districts listed below, in addition to the site plan requirements of this Chapter. 1. Building Massing and Facade Treatment a. Variation in Massing A single, large, dominant building mass shall be prohibited. ii. There shall be no blank, unarticulated, exterior building walls. All exterior building walls shall include materials and design characteristics consistent with those on the front of the building. iii. Building walls that face public streets, cormecting pedestrian walkways, or adjacent development shall meet the following standards: Generated May 11, 2006 Page 66 Town of Southold - Letter Board Meeting of May 9, 2006 iv. (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. Buildings shall consist of a building bay or structural building system that is a maximum of thirty feet (30') in width. Bays shall be visually established by architectural features such as columns, ribs or pilasters, piers, changes in wall planes and changes in texture or materials. vi. Awnings. a. Awnings shall be no longer than a single storefront. b. Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. Customer Entrances Retail buildings shall have clearly-defined, highly-visible customer entrance(s) featuring no less than three (3) of the Generated May 11, 2006 Page 67 Town of Southold - Letter Board Meeting of May 9, 2006 following: (a) Canopies or porticos; (b) Overhangs; (c) Recesses/projections; (d) Arcades; (e) Raised corniced parapets over the door; (f) Peaked roof forms; (g) Arches; (h) Outdoor patios; (i) Display windows; (j) Architectural detail such as tile work and moldings (k) integrated into the building structure and design; or Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. Buildings containing a drive-through or drive-up window are prohibited. 2. Building Materials a. All primary buildings should be constructed or clad with materials that are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. b. Exterior building materials shall not include the following: Smooth-faced gray concrete block, painted or stained concrete block, tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; 3. Signage a. Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. b. Florescent and backlit signs located within or on a Generated May 11, 2006 Page 68 Town of Southold - Letter Board Meeting of May 9, 2006 building or structure and facing an exterior public space are prohibited. 4. Site Design a. The principal building entrance shall face the primary street frontage and/or sidewalk. 5. Off-Street Parking a. No greater that thirty percent (30%) of the off street parking spaces provided for all uses contained in the development's building(s) shall be located between the front facade of the building(s) and the primary abutting street. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. b. Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to § 100-214. Landscaped Parking Area. (b) The Planning Board shall determine that the proposed retail store(s) will not 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: ii_. iii~. ivy. vii. viii. ix~. The existing local retail market, including market shares, if applicable. The supply and demand for local retail space. Local wages, benefit and employment. Revenues retained within the local economies of the Town of Southold. Public service and facilities costs. Public revenues. Impacts on municipal taxes. Impacts of property values in the community. Effects on retail operations in the surrounding market area. Employee housing needs, if applicable. The Town of Southold's ability to implement its Comprehensive Plan consistent with the proposed proiect. Generated May 11, 2006 Page 69 Town of Southold - Letter Board Meeting of May 9, 2006 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED IUNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated May 11, 2006 Page 70