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HomeMy WebLinkAboutLL 2006 #04GEORGE E. PATAKI GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231-0001 Mamh 31,2006 RECEIV:'-D Town of Southold Office of the Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 RE: Town of Southold, Local Law 4, 2006, filed on 3~23~2006 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 LL:cb WWW.DOS.$TATE.NY.US · E-MAIL: INFO,DOS.STATE.NY.US Gerj~] Code Publishers 72 I~hey Road Roch-%rster, NY 14624 Phone: 800/836-8834 Fax: 585/32~8-~9;'~;: ?~ ;' ,, Emad. 03/24~2006 /~2486~ ~::;~ -*.~; ?~ C~::;~~ ,~ :: Ms ElizabethA Neville: ~' ~' US POSTAGE We have received the following from your municipals[y: Local Law No 4-2006. Town of Southotd CIO Clerk's Office PO Box 1179 Southcld, NY 11971 DEPARTMENT OF PLANNING OUNTY OF SUFFOLK, STEVE LEVY SUFFOLK COUNTY EXECUTIVE May 8, 2006 THOMAS ISLES, AICP DIRECTOR OF PLANNING RECEIVED Ms. Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 MAY 15 ~006 $outhoN Town Cled~ Re: A Ninety (90) Day Extension of the Temporary Moratorium on the processing, Review of, and Making Decisions or Applications for Site Plans and Special Exception Use Permits for Retail Stores Over 3,000 sq. fi. SCPC File No.: SD-06-01 Dear Ms. Neville: Pursuant to Sections A 14-21 of the Suffolk County Administrative Code, the Suffolk County Planning Commission has notified the neighboring town(s) and/or village(s) concerning the above captioned zoning action(s). Having received no adverse response, the Commission will take no further action. Very truly yours, Thomas Isles Director of Plauning Chief Planner APF:cc G:\CCHORNh~ZONING~ZONING\WORKING\NAR~005~SD04-01 ,JAN LOCATION MAILING ADDRESS H. LEE DENNISON BLDG.- 4TH FLOOR P.O. BOX 6100 (631) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631 } 853-4044 DEPARTMENT OF PLANNING OUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE April 17, 2006 Ms. Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 THOMAS ISLES, AICP DIRECTOR OF PLANNING RECEI'v'L:D 2 Re: A Ninety (90) Day Extension of the Temporary Moratorium on the processing, Review of, and Making Decisions or Applications for Site Plans and Special Exception Use Permits for Retail Stores Over 3,000 sq. ft. SCPC File No.: SD-05-09 Dear Ms. Neville: Pursuant to Sections A 14-21 of the Suffolk County Administrative Code, the Suffolk County Planning Commission has notified the neighboring town(s) and/or village(s) concerning the above captioned zoning action(s). Having received no adverse response, the Commission will take no further action. Very truly yours, Thomas Isles Chief Planner APF:cc G:ICCHORNY~.ONING~.ONINGIWORKING~NAR~2005\SD04-01 .JAN LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR · P.O. BOX 6100 * (631) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 Fe~x 84~ 3035 5990 ' US Airbill ..... A~Jdress 53095 ROUTE 25 Phone( 63!) 765-!S0© Ouestions? Visit our Web site at fedex.corn 4a Express Package Service Packa~upml.~OIb~ · ~ FedEx Prbrrb/Overnight Ex Standard Ovemigh~ FedEx Frs~ Overnight ~ Fed~x2Oa¥ ~= FedExExpressSaver ~ 6 Special Handling ,~ ....... 8 Sign to Authorize Deliver/Without a Signature 0287331970 ,. .... ,, ~.,~ ............. ~ · t · · SOUTHOLD TOWN BOARD PUBLIC HEARING March 14, 2006 8:00 PM COUNCILMAN WICKHAM: WHEREAS there has been presented to the To~vn Board of the Town of Southold, Suffolk County, New York, on the 28th day of February, 2006, a Local Law entitled, "An Additional Ninety day Extension of the Temporary Moratorium on the Processing~ Review oh and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold"; now thereforc, 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 14th day of March at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "An Additional Ninety day Extension of the Temporary Moratorium on the Processing~ Review of~ and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold" reads as follows: LOCAL LAW NO. 2006 An Additional Ninety Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1. PURPOSE AND INTENT The Town Board is considering the important recommendations of the recently adopted Hamlet Study and the Planning Board, but is faced at the same time with pending and proposed applications for development of retail, formula, and "big box" type development which could be detrimental to the character and sustainability of the hamlet centers. The Town Board recognizes that the existing Zoning Code is inadequate to deal with these chain and large-scale businesses that have been and will, in the near future, be proposed. The size and population of the Town, the scale of its existing buildings, the traffic and transportation issues facing the hamlets, and the long-range goals of the Town (as set tbrth in the recently adopted Hamlet Study and other past planning studies) dictate that retail and commercial limits should be established to sustain the hamlets. Regulation on the size, location and appearance of large chain retail businesses is necessary to address the problems these businesses create. It is critical that the issues be handled in a comprehensive manner, crucial legislative decisions made and those decisions implemented. The To~vn Plarming Board, Planning Department and Town Attorney Department have been working hard since the enactment of the original moratorium in October 2005 to review retail uses, sizes, and locations to update and create new legislation that will comprehensively meet the long- range goals of the Town. The Town Board held a hearing on proposed legislation on December 14, 2005, at ~vhich time valuable public comments were received. The Town Board has reviewed the public input, held work session meetings and Code Committee meetings and revised the proposed legislation to better serve the needs of the community. Further, on January 1, 2006 a new Town Supervisor and one new Councilperson took office, and have provided input into the crafting of legislation. On February 28, 2006, the Planning Department provided the Town Board with a draft of design standards to be incorporated into the proposed law. The Town Board needs time to review and provide comments on this draft, and share the document with the Planning Board and Architectural Review Committee. The Town Board finds that it is reasonable and in the public interest to further temporarily suspend the application process for larger retail stores so that it has adequate time to examine, assess and address these uses that would other~vise be detrimental to the community. For the reasons stated above and to permit the Town Board to decide on and enact needed legislation, the extension of this moratorium is necessary. Section 2. ENACTMENT OF TEMPORARY MORATORIUM For a period of Ninety (90) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Toxvn Board during the Ninety (90) Day period: i) the Planning Board shall not accept for revie~v, continue review, hold a hearing or make any decision upon any application for a site plan containing a RETAIL STORE over 3000 square feet, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §100-13 of the Code of the Town of Southold. 2) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special exception use permit containing a RETAIL STORE over 3000 square feet, whether submitted prior to or after the effective date of this la,v, and shall not be subject to the time periods specified in Town Law § 274-b and Chapter 100 of the Southold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in 5100-13 of the Code of the Town of Southold. Section 3. APPLICATION This local law shall apply to ALL [new or pending] applications for site plans or special exception use permits for RETAIL STORES over 3000 square feet in the Town of Southold. Section 4. EXCLUSIONS This Local Law shall not apply to: 1 ) Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date of this local law; 2) Additions to existing retail stores or restaurants, provided said addition will not result in a cumulative floor area of said business in excess of 3000 square feet, and further provided such addition to retail store or restaurant does not include a drive-through component; 3) Wineries; 4) Agricultural operations and accessory uses thereto. Section 5. CONFLICT WiTH STATE STATUTES AND AUTHORITY TO SUPERSEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provision of New York State Town Law, this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town's municipal home rule po~vers, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supersede any inconsistent authority. In particular, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law § 274-a, §274-b and the provisions and requirements set forth in Chapter 100 of the Southold Town Code, ,vhich require that the Plmming Board or Zoning Board of Appeals process, review, hold hearings on, and act upon applications for site plans and special exception use permits within specified time periods, this local law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of the Town of Southold, or any comprehensive planning eflbrts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the To~vn Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with copics of the site development plan and any related information required in accordance with the procedures set forth in Chapter 100 of the Southold Town Code. c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board. The Town Board may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board Section 7. SEVERABILiTY If any clause, sentence, paragraph, section, or part of this Local La~v shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 8. EFFECTIVE DATE This Local Law shall take effect on April l, 2006, after filing with the Secretary of State. I have a communication here from the Suffolk County Department of Planning. The Planning Commission, 'pursuant to section A1421 of the Suffolk County administrative code, the Planning Commission has notified the neighboring towns and villages concerning this and having received no adversc response, the Commission will take no further action.' I have a memorandum from the Planning Board, Jerilyn B. Woodhouse, the chair. 'As requested, the Planning Board has prepared those comments in reference to the above captioned local la~v. The Planning Board supports extending the moratorium for the following reason, additional time is needed to make certain that the proposed legislation and the accompanying code changes will accomplish the Town's goal of limiting the size of retail buildings in the HB and B zones, while at the same time promoting economic growth within our local business communities.' I have a notice that this has been published in the Suffolk Times as a legal and it has also appeared outside on the Town Clerk's bulletin board. And I believe those are the only communications I have today. TOWN ATTORNEY FINNEGAN: I also had a conversation with Suffolk County Planning. They indicated that they would be sending over a letter as they did with the previous extension saying that this is a matter for local determination. We didn't receive the letter this afternoon but when we receive the letter we will include it in the record but that is what they had indicated when we initially enacted the moratorium and when we extended it the first time. So it would be the same. SUPERVISOR RUSSELL: As a point of clarification, the moratorium extension affects no application currently pending but for one in Southold. So, I don't think we are, 1 actually advocated for the extension of the moratorium because we still have a little bit more work on the box store legislation and seeing that it didn't impose on anybodies right to pursue their dream on their property, ! though it was a good thing. Would anybody like to address the Board on the issue of the moratorium extension? (No response) We will close the hearing. Southold Town Clerk LEGAL NOTICE NOTICE OF ENACTMENT NOTICE IS HEREBY GIVEN there bas been presented to the Town Board of the Town of Southold, Suflblk County, New York, on the 28th day of February, 2006, a Local Law entitled, "An Additional Ninety day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold"; and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, AND NOTICE IS HEREBY G1VEN that the Town Board of the Town of Southold hereby ENACTS the local law entitled, "An Additional Ninety day Extension of the Temporary Moratorium on the Processing~ Review of~ and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold" reads as follows: LOCAL LAW NO. 4 of 2006 An Additional Ninety Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1. PURPOSE AND INTENT The Town Board is considering the important recommendations of the recently adopted Hamlet Study and the Planning Board, but is faced at the same time with pending and proposed applications for development of retail, formula, and "big box" type development which could be detrimental to the character and sustainability of the hamlet centers. The Town Board recognizes that the existing Zoning Code is inadequate to deal with these chain and large-scale businesses that have been and will, in the near future, be proposed. The size and population of the Town, the scale of its existing buildings, the traffic and transportation issues facing the hamlets, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that retail and commercial limits should be established to sustain the hamlets. Regulation on the size, location and appearance of large chain retail businesses is necessary to address the problems these businesses create. It is critical that the issues be handled in a comprehensive manner, crucial legislative decisions made and those decisions implemented. The Town Planning Board, Planning Department and Town Attorney Department have been working hard since the enactment of the original moratorium in October 2005 to review retail uses, sizes, and locations to update and create new legislation that will comprehensively meet the long-range goals of the Town. The Town Board held a hearing on proposed legislation on December 14, 2005, at which time valuable public comments were received. The To~vn Board has reviewed the public input, held work session meetings and Code Committee meetings and revised the proposed legislation to better serve the needs of the community. Further, on January 1, 2006 a new Town Supervisor and one new Councilperson took office, and have provided input into the crafting of legislation. On February 28, 2006, the Planning Department provided the Town Board with a draft of design standards to be incorporated into the proposed law. The Town Board needs time to review and provide comments on this draft, and share the document with the Planning Board and Architectural Review Committee. The Town Board finds that it is reasonable and in the public interest to further temporarily suspend the application process for larger retail stores so that it has adequate time to examine, assess and address these uses that would otherwise be detrimental to the community. For the reasons stated above and to permit the Town Board to decide on and enact needed legislation, the extension of this moratorium is necessary. Section 2. ENACTMENT OF TEMPORARY MORATORIUM For a period of Ninety (90) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the Ninety (90) Day period: 1) the Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a site plan containing a RETAIL STORE over 3000 square feet, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to 2) the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §100-13 of the Code of the Town of Southold. The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special exception use permit containing a RETAIL STORE over 3000 square feet, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-b and Chapter 100 of the Southold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §100-13 of the Code of the Town of Southold. Section 3. APPLICATION This local law shall apply to ALL [new or pending] applications for site plans or special exception use permits for RETAIL STORES over 3000 square feet in the Town of Southold. Section 4. EXCLUSIONS This Local Law shall not apply to: 1) Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date of this local law; 2) Additions to existing retail stores or restaurants, provided said addition will not result in a cumulative floor area of said business in excess of 3000 square feet, and further provided such addition to retail store or restaurant does not include a drive-through component; 3) Wineries; 4) Agricultural operations and accessory uses thereto. Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provision of New York State Town Law, this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supersede any inconsistent authority. In particular, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law § 274-a, §274-b and the provisions and requirements set forth in Chapter 100 of the Southold Town Code, which require that the Planning Board or Zoning Board of Appeals process, review, hold heatings on, and act upon applications for site plans and special exception use permits within specified time periods, this local law suspends and stays the running of time periods for processing, review, holding heatings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of the Town of Southold, or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with copies of the site development plan and any related information required in accordance with the procedures set forth in Chapter 100 of the Southold Town Code. c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board. The Town Board may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board Section 7. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 8. EFFECTIVE DATE This Local Law shall take effect on April 1, 2006, after filing with the Secretary of State. Dated: March 14, 2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON MARCH 23, 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 Attorney Town Clerk's Bulletin Board STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being dulyswom, says that on the IT dayof B/~C~-~ ,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 SouthoId, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Enactment of Moratorium dated 3/14/06 l~zabeth d. tNevi-~4 Southold Town Clerk Sworn before me this \~ dayof '~AC~7.D~ ,2006. No[a}~ Public LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 BO6020932 OualifJed in Suffolk County Term Expires March 8, 20.0--7, 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 Marqh 17, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the aforesaid Local Law on March 14, 2006, the Local Law is entitled, "A Local Law in relation to An Additional Ninety Day Extension of the Temporary Moratorium on the Processing~ Review oft and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold". Thank you. Attachments Please sign the duplicate of this letter and return to me at your earliest convenience. 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 DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIVED 2 7 %utholrl Town Cled; 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 March 17, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the aibresaid Local Law on March 14, 2006, the Local Law is entitled, "A Local Law in relation to An Additional Ninety Day Extension of the Temporary Moratorium on the Processing, Review of~ and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold". 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 March 17, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENAC]~ED:~rli~ ~'f6fe~'~i'd"Local Law on March 14, 2006, the Local Law is entitled, "A Local Law in relation to An Additional Ninety Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Elizabeth A. Neville Town Clerk Attachments CC2 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 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 March 17, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the aforesaid Local Law on March 14, 2006, the Local Law is entitled, "A Local Law in relation to An Additional Ninety Day Extension of the Temporary Moratorium on the Processing~ Review of~ and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold". 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 · Si~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 March 17, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the aforesaid Local Law on March 14, 2006, the Local Law is entitled, "A Local Law in relation to An Additional Ninety Day Extension of the Temporar~ Moratorium on the Processing, Review oft and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold". 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°uth°ld Town Building~partment Signature, Received By 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 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1600 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 17, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the aforesaid Local Law on March 14, 2006, the Local Law is entitled, "A Local Law in relation to An Additional Ninety Day Extension of the Temporary Moratorium on the Processing~ Review oh and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Attachments CC; Signature, Received By Elizabeth A. Neville Town Clerk Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors .qouthold Town Board of Appeals SoutholdTownBuildingDepartment R~,-~JU~]~ / l. ......... 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 March 17, 2006 Attention: Shirley Flint Code Supplementation General Code Publishers Corp. 72 Hinchey Road Rochester, NY 14624 Re: Town of Southold Code Local Law Number 4 of 2006 Dear Ms. Flint: Transmitted herewith please find the Local Law Number 4 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 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 March 17, 2006 New York State Department of State State Records and Law Bureau 41 State Street Albany, NY 12231 RE: Local Law Number 4 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 Number 4 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, Southold Town Clerk cc: Town Attorney Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREETl ALBANYI 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 LAWNO. 4 of 2006 An Additional Ninety Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold BE IT ENACTED BY, the To~vn Board of the Town of Southold as follows: Section 1. PURPOSE AND INTENT The Town Board is considering the important recommendations of the recently adopted Hamlet Study and the Planning Board, but is faced at the same time with pending and proposed applications for development of retail, formula, and "big box" type development which could be detrimental to the character and sustainability of the hamlet centers. The Town Board recognizes that the existing Zoning Code is inadequate to deal with these chain and large-scale businesses that have been and will, in the near future, be proposed. The size and population of the Town, the scale of its existing buildings, the traffic and transportation issues facing the hamlets, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that retail and commercial limits should be established to sustain the hamlets. Regulation on the size, location and appearance of large chain retail businesses is necessary to address the problems these businesses create. It is critical that the issues be handled in a comprehensive manner, crucial legislative decisions made and those decisions implemented. The Town Planning Board, Planning Department and Town Attorney Department have been working hard since the enactment of the original moratorium in October 2005 to review retail uses, sizes, and locations to update and create new legislation that will comprehensively meet the long-range goals of the Town. The Town Board held a hearing on proposed legislation on December 14, 2005, at which time valuable public comments were received. The Town Board has reviewed the public input, held work session meetings and Code Committee meetings and revised the proposed legislation to better serve the needs of the community. Further, on January 1, 2006 a new Town Supervisor and one new Councilperson took office, and have provided input into the crafting of legislation. On February 28, 2006, the Planning Department provided the Town Board with a draft of design standards to be incorporated into the proposed law. The Town Board needs time to review and provide comments on this draft, and share the document with the Planning Board and Architectural Review Committee. The Town Board finds that it is reasonable and in the public interest to further temporarily suspend the application process for larger retail stores so that it has adequate time to examine, assess and address these uses that would otherwise be detrimental to the community. For the reasons stated above and to permit the To~vn Board to decide on and enact needed legislation, the extension of this moratorium is necessary. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.11/99) Section 2. ENACTMENT OF TEMPORARY MORATORIUM For a period of Ninety (90) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the Ninety (90) Day period: 1) the Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a site plan containing a RETAIL STORE over 3000 square feet, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in § 100-13 of the Code of the Town of Southold. 2) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special exception use permit containing a RETAIL STORE over 3000 square feet, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-b and Chapter 100 of the Southold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §100-13 of the Code of the Town of Southold. Section 3. APPLICATION This local law shall apply to ALL [new or pending] applications for site plans or special exception use permits for RETAIL STORES over 3000 square feet in the Town of Southold. Section 4. EXCLUSIONS This Local Law shall not apply to: 1) Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date of this local law; 2) Additions to existing retail stores or restaurants, provided said addition will not result in a cumulative floor area of said business in excess of 3000 square feet, and further provided such addition to retail store or restaurant does not include a drive-through component; 3) Wineries; 4) Agricultural operations and accessory uses thereto. Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provision of New York State Town Law, this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supersede any inconsistent authority. In particular, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law § 274-a, §274-b and the provisions and requirements set forth in Chapter 100 of the Southold Town Code, which require that the Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act 2 upon applications for site plans and s~l~al exception use permits ~vithin specified~!~e periods, this local law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of the Town of Southold, or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with copies of the site development plan and any related information required in accordance with the procedures set forth in Chapter 100 of the Southold Town Code. c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board. The Town Board may conduct a public hearing and make a final decision on the application, ~vith or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board Section 7. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 8. EFFECTIVE DATE This Local Law shall take effect on April 1, 2006, after filing with the Secretary of State. 3 (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. 4 of 20 06 of the (Cz'xn'q,')(C!.%')(Town) (V~11:.gz) of SOUTHOLD was duly passed by the TOWN BOARD on March 14 ., 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 ~vas 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 to~vn where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 __ of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Cl~rrk o'f"~:2ou~ty le~islatibe bo~Ci~y. Tokvn or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk (Seal) Date: March 17, 2006 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law c~ains the correct text and that all proper proceedings have been had or taken for the enactment of the local law ~_/~~~ ~ignature Patr'lcia A. F'mneghnv-Esq., To~vn ~lttorney Title Town of SOUTHOLD Date: March 17, 2006 5 #7798 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Jean Burqon of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 23rd day of March ,2006 Sworn to before me this 2006 Principal Clerk '~ ~ day of -~.}L..~:~' · I, CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01-VO6105050 Qualified in Suffolk County :remission Expires February 28, 2008 LEGAL NOTICES 1Q(1)([i)(a)(14) and § 22 to supetseOe 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 March 17, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the aforesaid Local Law on March 14, 2006, the Local Law is entitled, "A Local Law in relation to An Additional Ninety Day Extension of the Temporary Moratorium on the Processing, Review ofT and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold". Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Elizabeth A. Neville Town Clerk Attachments ce; 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: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER o~vn Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631 ) 765 -6145 Telephone: (631) 765 - 1800 southoldtown.north fork.net RESOLUTION # 2006-281 Resolution ID: 1673 Meeting: 03/14/06 07:30 PM Department: To~vn Attorney Category: Seqra THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-281 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 14, 2006: RESOLVED that the Town Board of'the Town of Southold hereby finds that the adoption of the local law entitled "An Additional Ninety day Extension of the Temporary Morator!um on the Processing, Review of~ and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold" is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Elizabeth A. Neville Southold Town Clerk ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER own Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net RESOLUTION # 2006-274 Resolution ID: 1666 Meeting: 03/14/06 07:30 PM Department: To~vn Attorney Category: Legislation THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-274 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 14, 2006: RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "Temporary Moratorium on the Processing~ Review oft and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Elizabeth A. Neville Southold Town Clerk ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF iNFORMATION OFFICER OTown Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net RESOLUTION # 2006-287 Resolution ID: 1679 Meeting: 03/14/06 07:30 PM Department: Town Clerk Category: Enact Local Law THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-287 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 14, 2006: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of February, 2006, a Local Law entitled, "An Additional Ninety day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold"; and WHEREAS that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the local law entitled, "An Additional Ninety day Extension of the Temporary Moratorium on the Processing, Review of~ and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Sonthold" reads as follows: LOCAL LAW NO. 4 of 2006 An Additional Ninety Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold BE IT ENACTED BY, the To~vn Board of the Town of Southold as follows: Section 1. PURPOSE AND 1NTENT The Town Board is considering the important recommendations of the recently adopted Hamlet Study and the Planning Board, but is faced at the same time with pending and proposed applications for development of retail, formula, and "big box" type development which could be detrimental to the character and sustainability of the hamlet centers. The Town Board recognizes that the existing Zoning Code is inadequate to deal with these chain and large-scale businesses that have been and will, in the near future, be proposed. The size and population of the Town, the scale of its existing buildings, the traffic and transportation issues facing the hamlets, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that retail and commercial limits should be established to sustain the hamlets. Regulation on the size, location and appearance of large chain retail businesses is necessary to address the problems these businesses create. It is critical that the issues be handled in a comprehensive manner, crucial legislative decisions made and those decisions implemented. The Town Planning Board, Planning Department and Town Attorney Department have been working hard since the enactment of the original moratorium in October 2005 to review retail uses, sizes, and locations to update and create new legislation that will comprehensively meet the long-range goals of the To~vn. The Town Board held a hearing on proposed legislation on December 14, 2005, at which time valuable public comments were received. The To~vn Board has reviewed the public input, held work session meetings and Code Committee meetings and revised the proposed legislation to better serve the needs of the community. Further, on January 1, 2006 a new Town Supervisor and one new Councilperson took office, and have provided input into the crafting of legislation. On February 28, 2006, the Planning Department provided the Town Board with a draft of design standards to be incorporated into the proposed law. The Town Board needs time to review and provide comments on this draft, and share the document with the Planning Board and Architectural Review Committee. The Town Board finds that it is reasonable and in the public interest to further temporarily suspend the application process for larger retail stores so that it has adequate time to examine, assess and address these uses that would otherwise be detrimental to the community. For the reasons stated above and to permit the Town Board to decide on and enact needed legislation, the extension of this moratorium is necessary. Section 2. ENACTMENT OF TEMPORARY MORATORIUM For a period of Ninety (90) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board dunng the Ninety (90) Day period: 1) the Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a site plan containing a RETAIL STORE over 3000 square feet, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on ali aspects of said site plan applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in § 100-13 of the Code of the Town of Southold. Page 2 2) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special exception use permit containing a RETAIL STORE over 3000 square feet, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-b and Chapter 100 of the Southold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in 3100-13 of the Code of the Town of Southold. Section 3. APPLICATION This local law shall apply to ALL [new or pending] applications for site plans or special exception use permits for RETAIL STORES over 3000 square feet in the Town of Southold. Section 4. EXCLUSIONS This Local Law shall not apply to: 1) Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date of this local law; 2) Additions to existing retail stores or restaurants, provided said addition will not result in a cumulative floor area of said business in excess of 3000 square feet, and further provided such addition to retail store or restaurant does not include a drive-through component; 3) Wineries; 4) Agricultural operations and accessory uses thereto. Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provision of New York State Town Law, this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supersede any inconsistent authority. In particular, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law § 274-a, §274-b and the provisions and requirements set forth in Chapter 100 of the Southold Town Code, which require that the Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon applications for site plans and special exception use permits Page 3 within specified time periods, this local law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of the Town of Southold, or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with copies of the site development plan and any related information required in accordance with the procedures set forth in Chapter 100 of the Southold Town Code. c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the To~vn Board. The Town Board may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board Section 7. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 8. EFFECTIVE DATE This Local Law shall take effect on April 1, 2006, after filing with the Secretary of State. Elizabeth A. Neville Southold Town Clerk Page 4 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE March 13, 2006 THOMAS ISLES, AICP DIRECTOR OF PLANNING RECEIVED Ms. Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 1197l ! G 200 Applicant: Town of Southold Zoning Action: 90 day extension of the temporary Moratorium on the processing, review of, and making Decisions or Application for Site Plan and Special Exception Use Permits for Retail Stores over 3,000 sq. ft. Public Hearing Date: 3/14/06 SCPC File No.: SD-05-09 Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application, which has been submitted, to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Thomas Isles, AICP Chief Planner ~ APF:cc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 · (631) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788 0099 TELECOPIER (631) 853-4044 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ST~.'V E L~'r SUFFOLK COUNTY EXECUTIVE Merch 13, 2006 FILE COPY THOMAS ISLES, AICP DIREG'J'OR OF PLANNING RECEIVED .i, ur,.~. Eli~,~_beth Neville, Town Clerk Town of Southold 5309f Main Road -P,O, Box 1179 Southolc~ NY 11971 MAR 1 5 2O06 Soulhold Tow. Clerl~ Town of Sou~old Zoning Ac~on: 90 day extension o£ the tempor~ Moratorium ~ra the ~oc~s~g, ~vi~ off ~d ~g Dedd~ or Applica~o~ for Site ~1~ ~d 8ped~ ~cepdon. Use ?~i~ for R~ail Stores ove~ 3,000 eq, ~- Pub~/c Hc~,dl",.g Date: $/14/06 SCPC File bTo,: SD-05-09 · Dear Pttrsua~t to the reqU~m~ts of See6o.~ A 14-14 to 23 or,he Suffolk County A~tive Code, above mf~eefl applicafi~, which h~ be~ sub~e~ ~o ~e Suffo~ Co~ Pl~g Co~issi~ is c~id~ed ~o be a ma~ for Io~1 ~a~on as lh~ is no appar~t si~caut co~-~de or tnt~-co~i~ ~aet(s). A de,sion ofZocal det~a~ should not be ~ed as eiQer an a~mvsl ~ ~s~pprov~. Very ~ly youx% APF:cc MAR 15 2005 Thomas Isles, AICP D/rector of Ylarming ~axdrew~releng, AICP C'hief Pl~-iner LOCATION MAILING A D DR E,.'.~ H, LEE DENNISON BLDG, - 4TH FLOO,~ P- O. BOX 6100 , {631 ~3-5~0 IOO',/ETEI~AN$ MEMORIAL HIGHWAY HAUpPAuGE, NY 1178~79 T~L~COPIE~ 631~ g~44 ~AR. 15,2006 IO:~2AM NQ, 831 P, PATRICIA A. FINNEGAN TOWN ATTORNEY ~ M. CORCO~ ~SIST~T TO~ ATTO~Y ~e~ ~.~r ~r~wn.~Rt~0ld.ny.us LO~ ~SE MONr~SCO lori.monte~ce ~to~.southold.~.u~ SCOTT A~ RUSSELL Supervisor Town I-I~1 -annex, 54875 Route 25 P.O- Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1989 Facsimile (631) 765-6689 OFFICE OF THE TOIArN ATTORNEY TOVfN OF SOUTHOLD FAX TRANSMISSION SHEET FAX TO: FROM: Ms. Elizabeth Neville, Town Clerk Lynne Krauza Secretary to the Town Attorney DATE: March 15, 2006 RE: Retail Moratorium Extension FAX NO.: (631) 765-6145 Number of pages including transmittal sheet: 2 MESSAGE; Pat asked me to fax you the annexed letter from Suffolk County Dept. of Planning regarding the referenced matter. PLEASE CALL 631-765-1939 WITH ANY QUESTIONS OR TRANSMI'UrAL 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 Afforney at (631) 765-1939. Thank you. DEPARTMENT OF PLANNING F. OUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE February 27, 2006 THOMAS IS~,~A~:~..D DIRECTOR 0 ~i~',~ i'~ MAP, 3 2006 Ms. Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Re: Dear Ms. Neville: Souih.;d Tc,:e t. lerk Amended Zoning Ordinance: A Ninety (90) Day Extension of the Temporary Moratorium on the processing, Review of, and Making Decisions or Applications for Site Plans and Special Exception Use Permits for Retail Stores Over 3,000 sq. fl. SCPC File No.: SD-05-09 Pursuant to Sections A 14-21 of the Suffolk County Administrative Code, the Suffolk County Planning Commission has notified the neighboring town(s) and/or village(s) concerning the above captioned zoning action(s). Having received no adverse response, the Commission will take no further action. Very truly yours, Thomas Isles Director of Planning ~ ~ ............. ~ Chief Planner APF:cc G:\CCHORNY~.ONING~ZONING\WORKING\NAR~2005/SD04-0 ~ .JAN LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853 5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 PLANNING BOARD MEMBERS 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 :[179 Southold, NY 11971 OFFICE IX)CATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED MEMORANDUM MAll To: Scott Russell, Town Supervisor Members of the Town Board Soulhold Town From: Jerilyn B. Woodhouse, Planning Board Chairperson Members of the Planning Board Date: March 9, 2006 Re.' Local Law entitled "Temporary Moratorium on the Processing, review of, and Making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3,000 square feet in the Town of Southold." As requested, the Planning Board has prepared these comments in reference to the above- captioned local law proposal. The Planning Board supports extending the moratorium for the following reason: Additional time is needed to make certain that the proposed legislation and accompanying code changes will accomplish the Town's goal of limiting the size of retail buildings in the HB and B Zones while at the same time promoting economic growth within our local business communities. If you have any questions or need additional information, please contact this office. #7772 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Sworn to before me this 2006 Jean Burqon of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 2nd day of March 2006 ~'~-- ~Clerk ,~ day of ~2~~ CHRISTINA VOLINSKI NOTARY pUBLiC-STATE OF NEW YORK No. 01 .VO6105050 Qualified in Suffolk County Commission ExpKes February 28, 2008 LEGAL NOTICE N OTIC~- :;~EREAS there has been pre sented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of February, 2006, a Lo- cal Law entitled, ~ dav Extension of the l~ll~9J~2L~Ol~ Law after which date this Local Law shall lapse a~d ~,~ '~ ~.~,17~ ~5~[~,.~i ~,TJi~c and effect dod subject to any other Lo- ~lr~a':h:dOpted by the Town Board g Ninety (~) Day ~riod: 1) the Planning Board shall not ac- cept for review, continue rehew, hold a hearing or make any decision u~n any application for a site plan ~n~i~g a RETAIL STORE over 3~ square feet, whether submitted prior to or af- ter · e effective date of ~ law, and shall not be subject to the ~e ~dods specified in To~ Law ~ 274-a ~d ~- now therefore, be it ticle XXV of the Southold Town Code, RESOLVED that the Town Board of including without limitation, provisions the Town of Southold will hold a pub- relatin to the smd Local Law g , processing, reviewing, lie hearing on the afore ' h I ' of ca' Decisions on applications for Site Plans ~ e~ lion provisions re ating to the, process- ~1 I~ . P its for I ~t lng, rewewmg, holding of bearings and [ ]~ and Special Exce lion Use Perm' n . ' . . . ~lqetail St°res over 3000 square feet in t ~ the rendering of declsinns` The statu.~ theBT~Wn°fSouthold ' tory and locally-enacted time periods E IT ENACTED BY, the Town ~ for processing and making decisions on ~e Board of the Town of Southold as fo - q al aspects of sa d special exception use es lows: i~/permits are suspended and s ayed wh e ~ of the Town (as set forth m,the.~re -a~ will not result ia a ~ .... trea ado ted Hamlet Study aha ome[ F · businessinexcessof3000square plating studies) dictate that retail and ~ef eSta, iadn d further provided such addition commercial limits should be established to sustain the hamlets. Regulation on the size, location and appearance of large chain retail businesses is neces- sary to address the problems these busi nesses create. It is critical that the issues be handled in a comprehensive manner, crucial leg- islative decisions made and those d~ci- sions hnplemented. The Town pianmng Board, Plamaiag Department and Town Attorney Department have been work ing hard since the enactment of the original moratorium ia October 2005 to review retail uses, sizes, and loca- tions to update and create new legisla lion that will comprehensively meet the long range goals of the Town. The Town Board held a hearing on pro posed legislation on December 14, 2005, at which time valuable public comments were received. The Town Board bas reviewed the public input, held work session meetings and Code Commit tee meetings and revised the proposed legislation to better serve the needs of the community. Further, on lanuary 1, 2006 a new Town Supervisor and one new Councilperson took office, and have provided input into the crafting of legislation. On February 28, 2006, the Planning Department provided the Town Board with a draft of design stan- dards to be incorporated into the plo- posed law. The Town Board needs t~hi~ to review and provide comments on th draft, and share the document with the planning Board and Architectural Re- view CommRtee. The Tom Board finds that it is reasonable and in the public interest to further temporarily suspend the apphcation process for larger retail stores so that it has adequate time to examine, assess and address these uses that would otherwise be detrimental to the community. For the reasons stated above and to permit the Town Board to decide on and enact needed legislation, the exten- sion of tins moratorium is necessary. RARY MORATORIUM For a period of Ninety (90) DayS fol- lowing the effective date of this Local elude a drive-through component; 3 ) Wineries; 4) Agricultural operations and acces- Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY~TO SUPERSEDE To the extent that any provisions of this Local Law are ia conflict with the provision of New York State Town Law, this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town's municipal pal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supersede any inconsistent authoIity. In particular, to the extent and de- gree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law § 274-a, §274-b and the provisions and require- ments set forth in Chapter 100 of the Southold Town Code, which require that the Planning Board or Zoning Board of Appeals process, review, tiold hearings on, and act upon applications for site plans and special exception use permits within specified time periods, this local law suspends and stayS the running of time periods for processing, review, holding hearings on, making de- cisions, and taking action on such apph- cations provided for in those laws and is intended to supersede and amend any said inconsistent authority. Section 6. APPEAL PROCEDURES_ a. The Town Board shall have the authority to vary or waive the applica- tion of any provision of this Local Law if. in its legislative discretion, upon its is required to alleviate an extraordi- nary hardship. To grant such reques!, the Town Board must find that a van- ante or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of the Town of South- old, or any comprehensive planning ef- forts being undertaken ia the Town. The Town Board shall take into account the existing land use in the immediate vicin- ity of the property, the range of busi- ness opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transpor- tation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiv- er shall be Bled with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the precessing of such application, along with copies of the s!te development plan and any relat- ed information required ia accordance with the procedures set forth ia Chapter 100 of the Southold Town Code. c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) days following receipt to make a recom- mendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board. The Town Board may conduct a public hearing and make a final decision on the application, with or without conditions, Final approval is reserved to the abso- lute legislative discretion of the Town Board S~ction 7. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitu- tional or invalid. Sender's Your Internal Billing Reference Ouestmns. Visit Our Web site at fedex.corn 4a Express Package Service LFI FedExPdorrb/0vernJgh '~¢l,~b , .~BaEer,ooa. [~ FedEx2Day r~ FedExExp essSaver 4b Express ~eight Service ~ FedEx IOa Fre gh* 5 Packagiag /~ FedEx i FedExPak* ~ FedEx FI FedEx rq 6 Special Handling 8 Sign to Au'dmrize Deliveq¢ Wi~out a Signmum 0287331970 . ,. ,,~. ~ 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 March 3, 2006 Jerilyn B. Woodhouse, Chairman Southold Town Planning Board Southold Town Hall Southold, NY 11971 Dear Ms. Woodhouse: The Southold Town Board at their regular meeting held on February 28, 2006 adopted resolution number 2006-256 regarding a proposed Local Law entitled: "Temporary Moratorium on the Processing~ Review oft and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold". A certified copy of this resolution is attached. Please prepare an official report defining the Planning Board's recommendations with regard to this proposed local law and forward same to me at your earliest convenience. This proposed local law has also been sent to the Suffolk County Planning Department for their review. The public hearing is scheduled for 8:00 P.M. on March 14, 2006. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Lynda M Bohn Southold Deputy Town Clerk Enclosure 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 March 3, 2006 Thomas Isles Director of Planning Suffolk County Department of Planning PO Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: The Southold Town Board at their meeting held on February 28, 2006 adopted resolution number 2006-256 regarding a proposed Local Law entitled: "Temporary Moratorium on the Processing~ Review of~ and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold." A certified copy of this resolution is enclosed. Please prepare an official report defining your recommendations or determination with regard to this proposed Local Law and forward same to me at your earliest convenience. The date of the public hearing is scheduled for March 14, 2006 at 8:00 pm.. Thank you. Enclosures Very truly yours, ~_, Lynda M Bohn Southold Deputy Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of February, 2006, a Local Law entitled, "An Additional Ninety day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold"; now therefore, be it RESOLVED that the To~vn 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 14th day of March at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "An Additional Ninety dav Extension of the Temporary Moratorium on the Processin~h Review of, and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold" reads as follows: LOCAL LAW NO. 2006 An Additional Ninety Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold BE IT ENACTED BY, the Town Board of the To~vn of Southold as follows: Section 1. PURPOSE AND INTENT The Town Board is considering the important recommendations of the recently adopted Hamlet Study and the Planning Board, but is faced at the same time with pending and proposed applications for development of retail, formula, and "big box" type development which could be detrimental to the character and sustainability of the hamlet centers. The Town Board recognizes that the existing Zoning Code is inadequate to deal with these chain and large-scale businesses that have been and will, in the near future, be proposed. The size and population of the Town, the scale of its existing buildings, the traffic and transportation issues facing the hamlets, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that retail and commercial limits should be established to sustain the hamlets. Regulation on the size, location and appearance of large chain retail businesses is necessary to address the problems these businesses create. It is critical that the issues be handled in a comprehensive manner, crucial legislative decisions made and those decisions implemented. The Town Planning Board, Planning Department and Town Attorney Department have been working hard since the enactment of the original moratorium in October 2005 to review retail uses, sizes, and locations to update and create new legislation that will comprehensively meet the long-range goals of the Town. The Town Board held a hearing on proposed legislation on December 14, 2005, at which time valuable public comments were received. The Town Board has reviewed the public input, held work session meetings and Code Committee meetings and revised the proposed legislation to better serve the needs of the community. Further, on January 1, 2006 a new Town Supervisor and one new Councilperson took office, and have provided input into the crafting of legislation. On February 28, 2006, the Planning Department provided the Town Board with a draft of design standards to be incorporated into the proposed law. The Town Board needs time to review and provide comments on this draft, and share the document with the Planning Board and Architectural Review Committee. The Town Board finds that it is reasonable and in the public interest to further temporarily suspend the application process for larger retail stores so that it has adequate time to examine, assess and address these uses that would otherwise be detrimental to the community. For the reasons stated above and to permit the Town Board to decide on and enact needed legislation, the extension of this moratorium is necessary. Section 2. ENACTMENT OF TEMPORARY MORATORIUM For a period of Ninety (90) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the Ninety (90) Day period: 1) the Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a site plan containing a RETAIL STORE over 3000 square feet, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the, processing, reviewing, 2) holding of hearings and the rendering of decisions. The statutory and locally- enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §100-13 of the Code of the Town of Southold. The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special exception use permit containing a RETAIL STORE over 3000 square feet, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-b and Chapter 100 of the Southold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §I00-13 of the Code of the Town of Southold. Section 3. APPLICATION This local law shall apply to ALL [new or pending] applications for site plans or special exception use permits for RETAIL STORES over 3000 square feet in the Town of Southold. Section 4. EXCLUSIONS This Local Law shall not apply to: 1) Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date of this local law; 2) Additions to existing retail stores or restaurants, provided said addition will not result in a cumulative floor area of said business in excess of 3000 square feet, and further provided such addition to retail store or restaurant does not include a drive-through component; 3) Wineries; 4) Agricultural operations and accessory uses thereto. Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provision of New York State Town Law, this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law § 10(l)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supersede any inconsistent authority. In particular, to the extent and degree any provisions of this Local Law are construed as being inconsistent ~vith the provisions of Town Law § 274-a, §274-b and the provisions and requirements set forth in Chapter 100 of the Southold Town Code, which require that the Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon applications for site plans and special exception use permits within specified time periods, this local law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of the Town of Southold, or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infi'astructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with copies of the site development plan and any related information required in accordance with the procedures set forth in Chapter 100 of the Southold Town Code. c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board. The Town Board may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board Section 7. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 8. EFFECTiVE DATE This Local Law shall take effect on April 1, 2006, after filing with the Secretary of State. Dated: February 24, 2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON MARCH 2, 2006, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Attorney Planning Board Zoning Board of Appeals Town Board Members Town Clerk's Bulletin Board Building Department STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ~ day of [Y~ ~ ,2006, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Public Hearing Moratorium Extension March 14, 2006 8:00 pm ~ Eiiiat;~th X. Ne~lle Southold Town Clerk Swo~n before me this ~f°dayof ~'~ , 2006. I~otary Public tYNDA M. BOHN NOTARY PUBLIC, State of New¥offi No. 01 BO6020932 Ouatified in Suffolk Count~ Term Expires March 8, 20 ~ ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net RESOLUTION # 2006-256 Resolution ID: 1647 Meeting: 02/28/06 04:30 PM Department: Town Attorney Category: Local Law Public Hearing THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-256 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 28, 2006: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of February, 2006, a Local Law entitled, "An Additional Ninety day Extension of the Temporary Moratorium on the Processing, Review of~ and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold"; 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 14th day of March at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "An Additional Ninety day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold" reads as follows: LOCAL LAW NO. 2006 An Additional Ninety Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1. PURPOSE AND 1NTENT The Town Board is considering the important recommendations of the recently adopted Hamlet Study and the Planning Board, but is faced at the same time with pending and proposed applications for development of retail, formula, and "big box" type development which could be detrimental to the character and sustainability of the hamlet centers. The Town Board recognizes that the existing Zoning Code is inadequate to deal with these chain and large-scale businesses that have been and will, in the near future, be proposed. The size and population of the Town, the scale of its existing buildings, the traffic and transportation issues facing the hamlets, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that retail and commercial limits should be established to sustain the hamlets. Regulation on the size, location and appearance of large chain retail businesses is necessary to address the problems these businesses create. It is critical that the issues be handled in a comprehensive manner, crucial legislative decisions made and those decisions implemented. The Town Planning Board, Planning Department and Town Attorney Department have been working hard since the enactment of the original moratorium in October 2005 to review retail uses, sizes, and locations to update and create new legislation that will comprehensively meet the long-range goals of the To~vn. The Town Board held a hearing on proposed legislation on December 14, 2005, at which time valuable public comments were received. The Town Board has reviewed the public input, held work session meetings and Code Committeee meetings and revised the proposed legislation to better serve the needs of the community. Further, on January 1, 2006 a new Town Supervisor and one new Councilperson took office, and have provided input into the crafting of legislation. On February 28, 2006, the Planning Department provided the Town Board with a draft of design standards to be incorporated into the proposed law. The Town Board needs time to review and provide comments on this draft, and share the document with the Planning Board and Architectural Review Committee. The Town Board finds that it is reasonable and in the public interest to further temporarily suspend the application process for larger retail stores so that it has adequate time to examine, assess and address these uses that would otherwise be detrimental to the community. For the reasons stated above and to permit the Town Board to decide on and enact needed legislation, the extension of this moratorium is necessary. Section 2. ENACTMENT OF TEMPORARY MORATORIUM For a period of Ninety (90) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the Ninety (90) Day period: 1) the Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a site plan containing a RETAIL STORE over 3000 square feet, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in § 100-I 3 of the Code of the Town of Southold. 2) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special exception use permit containing a Page 2 RETAIL STORE over 3000 square feet, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-b and Chapter 100 of the Southold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §100-13 of the Code of the Town of Southold. Section 3. APPLICATION This local law shall apply to ALL [new or pending] applications for site plans or special exception use permits for RETAIL STORES over 3000 square feet in the Town of Southold. Section 4. EXCLUSIONS This Local Law shall not apply to: 1) Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date of this local law; 2) Additions to existing retail stores or restaurants, provided said addition will not result in a cumulative floor area of said business in excess of 3000 square feet, and further provided such addition to retail store or restaurant does not include a drive-through component; 3) Wineries; 4) Agricultural operations and accessory uses thereto. Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE To the extent that any provisions of this Local Law am in conflict with or are construed as inconsistent with the provision of New York State Town Law, this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town's municipal home role powers, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supersede any inconsistent authority. In particular, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law § 274-a, §274-b and the provisions and requirements set forth in Chapter 100 of the Southold Town Code, which require that the Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon applications for site plans and special exception use permits within specified time periods, this local law suspends and stays the rurming of time periods for processing, Page 3 review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of the Town of Southold, or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure of the Town. The application must comply with ail other applicable provisions of the Southold To~vn Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with copies of the site development plan and any related information required in accordance with the procedures set forth in Chapter 100 of the Southold Town Code. c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board. The Town Board may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board Section 7. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 8. EFFECTIVE DATE This Local Law shall take effect on April 1,2006, after filing with the Secretary of State. Elizabeth A. Neville Southold Town Clerk Page 4