HomeMy WebLinkAboutTransfer Station Uses in LI & LIO
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
~LIILlI\(; ,111IlI<FSS:
1)( J. li(JX 11 i~)
Southold, NY 11971
PLANNING BOARD MEMBERS
.!EHILYN ll. WOODHOUSE
Chair
OFFICE LOCATION:
Tc)\.vn Hiedl Annex
54:375 Statp Route 2;')
fcor.11ain Hd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Memorandum
To:
Scott Russell, Supervisor
Members of the Town Board
Patricia Finnegan, Town Attorney /
Mark TeITY, Principal Planner ~
Anthony Trezza, Senior Planner
From:
Re:
Recycling Handling and Recovery Facility and Transfer Station Uses in the Light Industrial Office
/Planned Office Park (LlO) Zoning District and Light Industrial (Ll) Zoning Districts.
Date: March 5, 2007
On March 3, 2006 The Town of Southold Planning Board received a Site Plan Application for a Recycling/
Transfer Station in the Light Industrial Office/Planned Office Park (LIO) Zoning District. This proposed
action involves the construction of a building that includes 32,000 sq. ft. of warehouse space and 2,210 sq.
ft. office space for a Recycling/Transfer Station use on 154,601 sq. ft. parcel in the LIO Zone. The parcel
is located approximately 1,083' n/u Corporate Road on n/e/s/o Commerce Drive in Cutchogue. A
Recycling/Transfer Station use is not permitted within the Town of Southold Town Code.
The purpose ofthis memo is to determine if a Recycling Handling and Recovery Facility/Transfer Station
use meets the purpose of the Light Industrial Office/ Planned Office Park (LIO) or Light Industrial (LI)
Zoning Districts; and whether the use is generally compatible with each respective zoning district. Table I
indicates the LIO and LI zoned acreage within the Town of South old.
Table 1. Acreage ofLIO and LI Zoned Lands in the Town of South old.
Acre~de
LIO 106
LI 188
* Excludes Protected and Community Facilities acreage in LlO and Ll zones.
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Li~ht Indnstrial Office! Planned OfTie,' Park I LlO)
The stated purpose orthe Light Industrial Park/Planned Office Park (LlO) Zoning District is to "provide
opportunity/or the loelllion o/business and professional offices, research/acilitics, industrial uses and
silllilar activities in an otJen, clm/ous-like seuinf! in areas which are not a/JIJrooriate (or cOllllllercial
activitv or low-densitv residential develOOlllenl. In this area, such uses can he cstablished in an aUractive
environlllent and SCrl'e both as allleans o(weservinf! thc ooen {fualities o(an area and /Jro\'idinf! an area
adiacelllto hallllet arcas where such uses Ciln he appropriately developed lIith suitable protcction for
ground- and slIIface waters. Alluscs IIIUSt con/Cmn to Suffolk County Hcalth Dcpartmcnt standard. "
The minimum lot size in the LIO Zoning District is 120,000 square feet. The district permits and
encourages light industrial and office park uses with an open, campus-like setting designed to achieve a
"means o/prcscrving thc open qualities of an arca and providing an area adjaccnt to hamlet areas ",
Consequently, the zoning district provides the ability to create campus style development by requiring a
large minimum lot area, minimum yard setbacks and generous allowable lot coverage (20%).
The LIO Zoning District encompasses two large contiguous areas in the Town; the first is located in
Greenport/Pipes Cove area south of State Route 25 (Figure I) The second is located in Cutchogue, west of
the Town of Southold Solid Waste Facility (Figure 2).
Figure 1. Location of Light Industrial Park/Planned Office Park (outlined in yellow) zoned parcels in the
GreenportlPipes Cove, south of State Rote 25. The highlighted green parcel is o'Yvned by the Town of
Southold.
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Figure 2. Location of Light Industrial Park/Planned Office Park zoned parcels (outlined in yellow) in
Cutchogue, northwest of County Route 48.
Li2ht Industrial 20nin2 District (Ll)
The purpose of the Light Industrial (L1) Zoning District is to "provide an opportunity for business and
industrial uses on smaller lots than would be appropriate for the LIO district." The minimum lot size in
the LI Zoning District is 40,000 square feet. The lot dimensions, yard setbacks and allowable coverage are
not as restrictive as in the LIO Zoning District. The LI Zoning District is dispersed throughout the Town
with a large number of parcels located within the Mattituck, Peconic and Southold HALO areas. Figures 4
through 7 show the location and dispersal of the LI Zoning District throughout the Town.
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Figure 3. The location of the Light Industrial zoned parcels (outlined in yellow, exclusive of the inset
parcels) located within Mattituck. Note that the LI zoned parcels are located within the Mattituck HALO.
Figure 4. The location of the Light Industrial zoned parcels (outlined in yellow) located within Cutchogue,
northwest of County Route 48.
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Figure 5. The location of the Light Industrial zoned (outlined in yellow) parcels located within Peconic.
Note that the LI zoned parcels are located within the Pcconic HALO.
Figure 6. The location of the Light Industrial zoned (outlined in yellow) parcels located within Southold.
The LI Zoning District is located in the Southold HALO area. To the west of the HALO area two parcels
are zoned LI (not shown).
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Figure 7. The location of the Light Industrial zoned (outlined in yellow) parcels located within
Greenport/Pipes Covc area. Note; two LI zoned parcels (not shown) equal to 1.75 acres are located to the
east of the area shown above.
Salva!!e Center, Recvclin!! Handlin!! and Recoverv Facilitv and Transfer Stations in the LID and LI
Zonin!! Districts
Both the LID and LI zones pennit Light Industrial Uses. The Town of South old Town Code Section 9
280-4. Definitions; defines a light industrial use as:
LIGHT INDUSTRIAL USES -- Uses which involve fabrication, reshaping, reworking, assembly or
combining of products from previously prepared materials and which do not involve the synthesis of
chemical or chemical products other than for pharmaceutical or research purposes or the processing of
any raw materials except agricultural raw materials. Such uses may include industrial operations such as
electronic, machine parts and small component assembly, as opposed to heavy industrial operations such
as automobile assembly or milling activities. [Added 4-28-1997 by L.L. No. 6-1997}
Section 9280-58; of the LID Zoning District permits "light industrial uses" by right subject to the
following conditions:
(J 5) Light industrial uses, subject to the following conditions:
(a) No such process or operation shall involve the handling, storage or discharge of explosives or
permit upon the premises any virus or other type of infectious organisms identifIed with diseases of animals
or humans.
(6) No offensive noises, gases, fumes, smoke, odors, dust, ejjluent or vibrations shall emanate from
such use and no waste products shall be discharged therefrom of a character to create a nuisance or to be
injurious to health or to negatively impact groundwater.
(c) Such processes shall involve the use of only oil, gas or electricity for fuel.
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..CUITLSpUIldIJlgly. [ilL LI/Ullll1g UlSlriL'l ~liii'!\\.~ II::',i1! IllllLlSlrJ:d llSL'S hy rIght ~l1ld alsl) hy SPL',-'l;t! L\LL'ptll)Jj
of the Board of Appeals provided thai the Speciall'Hcptionllsc meets the tL1110wing conditions:
(a) No sllch process or operation shal/llI1'o/\e tile hllndling, storage or discharge o/e.\plosives or
permit "1'011 the premises allY virus or olher llpe oj'infi'ctiolls mgllnislI/s idellli/ied wilh diseuses o/allillUlls
or hUlllalls.
(b) No oj/ellsive lIoises, gases, filll/es, sllloke, odors, dllSI, efflllellt or l'ibralions shal/ ell/allale .fi'01l/
such IIse alld no wllsle prodllcls shal/ be discharged Ihere .fi'olll 0[11 characler 10 ereale a IIl1islllICe or 10 be
injurious 10 heallh or 10 negatively ill/pacl grolllldwater.
(c) SlIch processes shal/ ill valve Ihe IIse %nly oil, gas or eleclricily/orfile!.
A Recycling Handling and Recovery Facility or Transfer Station is not a light industrial use. Therefore the
uses arc not pen11itted within the LIO or LI Zoning Districts.
In 1994 the Town of Southold added Chapter 211; Salvage Centers to the Town of Southold Town Code.
The chapter established a Town Board application process to seek a Special Use Pen11it for Salvage
Centers. The Town code defines a Salvage Center as:
SALVAGE CENTER -- Any localion where a privale col/eelioll 0/ ilems, exclusive o/Illunicipal
recyclables, is gathered, rellsed, recycled, reclaillled alld processed/or evenlulll disposal offsile.
As indicated in the above definition, a Salvage Center precludes the gathering, re-use, recycling and/or
reclaiming of municipal recyclables (III and 112 plastics, cans, glass, corrugated cardboard and newspaper).
Further, a Salvage Center Special Use Pen11it does not contemplate the handling of municipal solid waste.
In the above referenced application for a Recycling! Transfer Station, the proposal included the processing
of 480 tons per day of recyclables and municipal solid waste. Consequently, the proposal does not meet
the definition of a Salvage Center and therefore cannot be processed pursuant to Chapter 211 as a Special
Use Permit.
Recommendations
Based upon the above facts and analysis, planning staff makes the following recommendations:
1. Update the Town of South old Solid Waste Management Plan to comply with the
requirements and further the purposes of the New York State Solid Waste Management Act, the
New York State Solid Waste Management Plan and the requirements of the Long Island Landfill
Law; to maximize reduction, reuse and recycling in the management of solid wastes generated in
the Town of Southold; to minimize potential environmental impact of wastes processed by or on
behalf of the Town of Southold within or outside of the town; and to protect the drinking water
supply in the Town of Southold.
2. Add the Recycling Handling and Recovery Facility and Transfer Station nses to the LIO
Zoning District as a Town Board Special Use Permit provided the use meets the following
criteria:
a. A Recycling Handling and Recovery Facility andlor Transfer Station nse shall not
be located on a parcel containing less than 120,000 square feet of buildable lands.
b. A Recycling Handling and Recovery Facility andlor Transfer Station use shall not
be located within 400 feet of a property zoned for residential nse measured from
the two closest points of parcel boundaries or located within 600 feet of a existing
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residelltial .\lrllrtllll' Ineasurl'll Irllnllhl' l'illsesl point 01 IlIe residential slrueturl"to
the parcel houndary.
The issuance of a Special Use Permit would allow the Town Board to impose conditions ,md/or
restrictions on each permit. The Town Board would maintain the ability to police the operations
and could suspend and/or revoke a Special Use Permit due to noncompliance. Suggested
definitions for each use are as lallows:
TRANSFER STATION -- AllY stmcture or cOJllhillatioll of structures. machille/y, equipmellt and
facilities used for the off-loadillg of solid waste alld 11011- malldated recyclables }i'om colIectioll
vehicles alld the reloadillg of solid waste ill to vehiclesfor trallsportatioll to allother facility oWlled
or operated hy or 011 hehalf of the TaWil of South old
Note: Non mandated recyciables include: Concrete, asphalt, brick and masonry products, paper,
metal scraps, rock, wood and soil.
RECYCLING HANDLING AND RECOVERY F ACILITY-- Any structure or combillation of
structures, machillelY alld equipment, includini! JIlunicioal recvclables owned or operated by or on
behalf of the Town of Southold or accepting solid wastes pursuant to a contract with or a permit
Fom the Town of Southold, for the processing of materials required to he separated}iwn other
solid wastes at the source of generatioll.
Planning staff recommends the addition of the uses to the LIO Zoning District as a Special
Use Permit for the following reasons:
a. As indicated above, the Recycling Handling and Recovery Facility and Transfer Station are not
light industrial uses and therefore are not permitted within the LIO zone. However, the LIO
Zoning District specifically refers to industrial use provided that structures are designed to
achieve "an opell, campus-like setting in areas... " and. "such uses can he appropriately
developed with suitable protectioll for groulld- alld surface waters." Correspondingly, the
zoning district allows for truck Ibus terminals and food processing and packaging plants through
Special Exception. These uses are more intense than the light industrial uses permitted by right.
Therefore, the proposed uses would not be significantly incompatible with the permitted and
Special Exception uses in the zoning district.
b. The LIO Zoning District requires 120,000 sq. ft. minimum lots sizes with a maximum 20
percent lot coverage. Therefore the zoning allows for large scale structures (i.e. warehousing,
office buildings) which are necessary for the proposed uses.
e. The LIO zoned parcels are not located within the Town of Southold Special Groundwater
Protection Area.
d. The LIO Zoning District encompasses two large contiguous areas in the Town with the largest
zoned acreage located adjacent to and west of the Town of South old Municipal Solid Waste
Facility.
3. It is recommended that the uses not be permitted within the LI Zoning District due to the
following:
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~l. The pUrpl)S(' ui'tllc 1.1 /Ulllllg f)lSlrll't IS Slll1lLlI'lll [l1dl ul-ll1...: 1.10 \\ Itl1ll1(' l'.\CL'Pllll11lI1dllill'
wne provides opportunity lilr '"il/duSI!'!,,!uses oll.ll/lillle!' !ols. The intcnt ol"thc I.I loning
District is to provide comparable uses to that of the LIO zone on smaller parcels.
b. The minimum lot size of the Ll Zoning District is 40,000 sq. ft. with a maximum pcrccnt lot
cover of30 percent. With exception of the LI zoned parccls located east and north ol"the Town
of South old Municipal Solid Waste Facility, the current size ol"l11ost Ll zoncd parcels would
preclude good design of an indoor waste management facility with adequatc buffers to the
adjacent land uses.
c. The LI parcels are dispersed throughout Town with a large number of LI zoned parcels located
within the Mattituck, Peconic and Southold HALO areas.
d. The potential siting of the uses within the HALO/HamIel areas would conniet with the goals of
the collective documents refelTed to as the Town of Southold Comprehensive Plan including the
Town of South old Local Water Revitalization Plan and Town of Southold Hamlet Study.
e. Numerous LI zoned parcels are located within the Town of South old Spccial Groundwater
Protection Area and such uses could potentially severcly impact the water quality within the
specified area.
It is important to note that the siting and opcrations of a Rccycling Handling and Recovery Facility and/or
Transfer Station use would be analyzed during the special use permit process and New York State Quality
Environmental Review.
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