The URL can be used to link to this page

Home My WebLink AboutLL 2007 #13 - ~ . . 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 II 79 Southold, New York II97I Fax (631) 765-6145 Telephone (631) 765-1800 sou tholdtown. north fork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 27,2007 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Laws entitled "A Local Law in relation to Transfer Station" on May 22, 2007 "A Local Law in relation to Wind Enerev Svstems for Al!:ricultural Uses" on July 17, 2007 "A Local Law in relation to Amendments to the Sil!:n Rel!:ulations" on July 31, 2007 "A Local Law in relation to an Al!:ricultural Planned Development District" on August 28,2007 Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. I]trJ.~aQ--I/'" Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ~ Date: OCTOBER 1. 2007 Signature, Received By BARBARA r,RATTAN Please print name Title: TOWN CLERK DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIVED c r) r.,~;,';7 i L.I)} Southol~ Town Cler~ ~~--- - ~ . t~zo;n"~ I....~~ \)f SOlJltt .~ 01 ~.~ \I . .'1 en ;>eN c::;,. ~~ '2l ~f r" COUN1'l ,\\~~p ~LCDpJY . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT ()FFIC~:R 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 southold town. north fork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 27, 2007 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Laws entitled "A Local Law in relation to Transfer Station" on May 22, 2007 "A Local Law in relation to Wind Enerey Svstems for Ae:ricultural Uses" on July 17, 2007 "A Local Law in relation to Amendments to the Sie:n Rel!:ulations" on July 31, 2007 "A Local Law in relation to an Ae:ricultural Planned Development District" on August 28, 2007 Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. PtrhrfaQ~Ii., Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town PlannillS 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 (,{uJ,\-v Lc."l-C- Please print name Date: S -I'i?~Jb--- ;) r, )'.-' Title: ~k.,...,'O ))i'k.1oo' DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ~ . "~:;sGu~~ ~f' ~ ~ \'. " <:>.\\ + +; cI> "" ~. ~. ~ ~.j: rfCOU~~)~~l . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER t'REEDOM OF INt'ORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-.1800 southoldtown. northfor k. net .:",' OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD September 27,2007 RECENEIJ OCT 1 2 2007 Soutbolil Town 'Celt PLEASE TAKE NOTICE that the Town Board of the Town of South old ENACTED the proposed Local Laws entitled "A Local Law in relation to Transfer Station" on May 22, 2007 "A Local Law in relation to Wind Ener2V Systems for Al!:ricultural Uses" on July 17,2007 "A Local Law in relation to Amendments to the Sil!:n Rel!:ulations" on July 31, 2007 "A Local Law in relation to an Al!:ricultural Planned Development District" on August 28,2007 Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. I'tr~Q,"Q~'/h. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals 1 // Si ure, Received By ~I<;o& \:.. ~'rH ( Please print name n, I ) Date: /o/IJ:> ;67 f / Title: Cc,o<\i\.<..oOt< ~1S. / DUPLICATE TO BE SIGNED AND RETURNED TO SOUTH OLD TOWN CLERK .. . , pZ~<-Cq I~~ \)t SO{jlit~~ 1~.~C\.'. + +j c/> "'= ~. ~ ~ ~ rttOUN1'I,~~ l ~fl";~ . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER HECORDS 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 sou tholdtown .northf or k. net ---..-" (-. ~OFFICE OF THE TOWN CLERK ...- .,- ~-\ \ .'1. I ^ II TOWN OF SOUTHOLD c' . \ \ September 27, 2007 _,n_ f) c:..\.V f ..1\.- PLEASE TAKE NSHICE that the Town Board of the Town of Southold ENACTED the proposed Local Laws entitled '/ "A Local I)~w iWrelation to Transfer Station" on May 22, 2007 "A Local LaWln relation to Wind Enerev Svstems for Al!:ricultural Uses" on July 17, 2007 "A Local Law in relation to Amendments to the Sil!:n Rel!:ulations" on July 31, 2007 "A Local Law in relation to an Al!:ricultural Planned Development District" on August 28,2007 Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope, Thank you. Plt/~aQ~~~' Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals -." ~fLt~ h,c-J,~L 7: ~;7-v Please print name / Date: 0' ft6' /0'7 I ' C/~~ft#o~ Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK -a . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGr;MENT (WnCER FREEDOM OF INFORMATION OFnCER -" ~\\ + +~ u> """& ~. ~!0 ~,; COUNiC.~\\~'- .:.DY~'l ZCzrLTfl'#"~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown .northf or k. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 27, 2007 PLEASE TAKE NOTICE that the Town Board of the Town of South old ENACTED the proposed Local Laws entitled "A Local Law in relation to Transfer Station" on May 22, 2007 "A Local Law in relation to Wind Ener2V Svstems for Aericultural Uses" on July 17, 2007 "A Local Law in relation to Amendments to the Sien Reeulations" on July 31,2007 "A Local Law in relation to an Aericultural Planned Development District" on August 28,2007 Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. "7ta...(..-qIa~~I',l" Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of She Iter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Jv~ jMJufh foutt{/r- Please print name -' Date: wIlla 7 Ai/lL k~ Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ~ . ~QZ:CC-G:-q_ ~~\~~r SOlJlft%~ ;, ~JI'~ \". ~. ~ <::> \\ . .~ ~ ~~ ~. ~f 1" COUN"N ,\\~& m;rtY . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFIC~:R t'REEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 11 79 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou tholdtown .northfor k. net OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD September 27,2007 PLEASE TAKE NOTICE that the Town Board of the Town of South old ENACTED the proposed Local Laws entitled "A Local Law in relation to Transfer Station" on May 22, 2007 "A Local Law in relation to Wind Enerev Systems for Al!ricultural Uses" on July 17, 2007 "A Local Law in relation to Amendments to the Sil!n Rel!ulations" on July 31,2007 "A Local Law in relation to an Al!ricultural Planned DeveloPDumt District" on August 28,2007 Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Ptj"~Q.~~tJ-., Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission ':('~ of Shelter Island T8Wrt of Southampton Southold Town Trustees Southold Town Board of Appeals "'~A~~_ Signature, ceived D6r-O -rh..-t $" (J)lc.....r Please print ~e Date: c C'~ - j 2l/J/ Title: T uw-n (! /o-...r!7<?"t" DUPLICATE TO BE SIGNED AND RETURNED TO SOUTH OLD TOWN CLERK RECEIVED z ".i J Southolrl Town C1erl . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER . Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown .northfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 27, 2007 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the,proposed Local Laws entitled "A Local Law in relation to Transfer Station" on May 22, 2007 "A Local Law in relation to Wind EnerlIT Systems for Ae:ricultural Uses" on July 17, 2007 "A Local Law in relation to Amendments to the Si211 Rel!:ulations" on July 31, 2007 "A Local Law in relation to an Ae:ricultural Planned Development District" on August 28,2007 Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Ptr~Cl.~~IJ... Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department ofPlan:ning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department si~cj~e~4~-} ~rI/J7 A. ~ert-n1etaL Please print name Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: /0/01/07 Title: -rD1.ifYl C!.fhk. DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIVED OCT 9 2007 ~outhold JOWl! (Ierl . pJZ/OZCc<q 4-'~" ~r SOlJlit~,~ ~~fY~' ~\ N. .u '" ",. & ~. ~G' ~ ~ {e ~~~,$l . ELIZABETH A. NEVILLE TOWN CLERK RgGISTRAR 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 1631) 765-6145 Telephone (631) 765-1800 sou tholdtown .northf or k. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 27, 2007 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Laws entitled "A Local Law in relation to Transfer Station" on May 22,2007 "A Local Law in relation to Wind Enerl!V Svstems for Al!:ricultural Uses" on July 17, 2007 "A Local Law in relation to Amendments to the Sil!:n Rel!:ulations" on July 31, 2007 "A Local Law in relation to an Al!:ricultural Planned Develooment District" on August 28,2007 Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~Ba"'J.~CI.~~lJ., Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Soum~la'Town Trustees Southold Town Board of Appeals ~~') .-Jffl~ Sign ure, Received By Date: 10lrla, lc:1u.rotl ~~10~ Please print name Titl~: jp(' LtkLJ\./(,J ~lJfO'U- DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ,,-- . rP::=~~ ,4fi~\.~ \.W SOfJl/t ~~ jY~.~' " <=''\ + + ~ ~ ~. ~) r,f COUN1'l.\\~ pf caco;#f . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF IN~'ORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 11 79 SouthoId, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northf or k. net OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD September 27,2007 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Laws entitled "A Local Law in relation to Transfer Station" on May 22, 2007 "A Local Law in relation to Wind Enerev Systems for Al!:ricultural Uses" on July 17, 2007 "A Local Law in relation to Amendments to the Sil!:n Rel!:ulations" on July 31, 2007 "A Local Law in relation to an Al!:ricultural Planned Development District" on August 28,2007 Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~j"ilfQ~--;I... Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees SouthoId "l'own Board of Appeals .~~/{ ~//2d.vft' Signat e, eceived y '-for 1M ~ print name Date: Y-:lf'-~ 7 3: Jrrfty>. Title: TBA R.P r) , DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK . . SOUTHOLD TOWN BOARD PUBLIC HEARING May 22, 2007 4:45 PM Hearing began at 5: I 0 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of South old, Suffolk County, New York on the 24th day of April, 2007, a Local Law entitled "A Local Law in Relation to a Transfer Station ", AND NOTICE IS HEREBY FURTHER GIVEN 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 22nd day of Mav. 2007 at 4:45 D.m., at which time all interested persons will be given an opportunity to be heard. This proposed "Local Law in Relation to a Transfer Station", which reads as follows: Local Law No. of2007 Section 1. Purpose. In order to promote the health, safety and welfare of the citizens of the Town of South old, the Town Board finds it necessary to provide for a Transfer Station use in the zoning code to facilitate the proper and efficient handling and transfer of municipal solid waste (MSW) and construction debris (C&D) material. The Town Board finds it appropriate to limit such use to the LIO Zoning District, subject to strict requirements, pursuant to a special permit issued by the Town Board, and site plan review by the Planning Board. Section 2. Code Amendment. Chapter 280 of the Code of the Town of South old is hereby amended as follows: ~ 280-58. Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: D. A Transfer Station mav be permitted. subiect to special permit obtained from the Town Board pursuant to Section 233-6 the Town Code. The Transfer Station shall also be subiect to site plan approval bv the Planning Board based on the following criteria and requirements: (1) The plan shall include the precise location of all buildings. structures. employee and truck parking. loading. unloading. and traffic areas. internal circulation. container storage areas. storage areas for recycling. and any other information deemed pertinent to an adequate review of the proposal. . . (2) A minimum lot area of 120.000 square feet and the right to require a greater lot area. Such requirement shall be based on the scale of operation as measured by the size of the buildings proposed for the site. the volume of solid waste handled on a daily basis. and the requirements for vehicle parking and movement. or a finding that the operation cannot be adequately screened from adioining property. (3) A minimum distance of four hundred (400) feet from a property zoned for residential use measured from the two closest points of parcel boundary. or located within six hundred (600) feet of an existing residential structure measured from the closest point of the residential structure to the parcel boundarv. (4) Submission ofa route plan to indicate that traffic generated by the facility will have a minimal impact on residential streets. (5) Provision of adequate lanes for vehicles entering the facility. (6) All sorting. baling. processing. crushing. and similar intensive activity associated with the facility. including the storage of all containers containing recvclable and waste material shall be contained inside a completelv enclosed building with an impervious floor surface. (7) Outdoor use of the property shall be restricted to the parking and maneuvering of vehicles. washing of vehicles. scales necessarv for the operation of the transfer station. and the storage of empty containers. (8) The storage of said empty containers shall be restricted to locations specifically identified on the site plan. This equipment shall be located and screened in such a manner so as to not be visible from the street of from adioining properties. (9) On-street parking of vehicles. containers. or any other equipment or materials in any way connected with the facilitv shall be prohibited. (10) Where feasible. truck loading and unloading areas shall not face the street. (11) All toxic and hazardous materials shall be prohibited. (12) The maximum height of the facility shall not exceed thirtv five (35) feet (13) A minimum oftwentv (20) feet oflandscaping. including street trees shall be planted and maintained along all street frontages. (14) A six foot high black chain link fence with stockade attached shall be installed and maintained behind said landscaped areas. (15) Hours of operation shall be demonstrated bv the applicant to be limited to minimize impact on surrounding properties. S 280-60. Front yard setbacks. C. A project shall be divided into separate structures so that no single structure shall have more than 60 linear feet of frontage on one street, except that this requirement shall not apply to a transfer station. The setbacks of multiple structures on a parcel may vary. provided that the average setback of the structures meets the setback required above and all buildings are at least 75 feet from the right-of-way. Section 3. Code Amendment. . . Chapter 233 Solid Waste ofthe Code of the Town of South old is hereby amended as follows: 9 233-1. Definitions. Words and terms used in this article shall have the following meanings: TRANSFER STATION. TOWN -- The disposal area owned and operated by the Town of South old located north of County Route 48 at Cutchogue. New York. TRANSFER STATION. PRIVATE - Anv combination of structures. machinery and facilities used for off-loading solid waste from collection vehicles. the recovery of recvclables from said solid waste. and/or the reloading of nonrecvclable solid waste into vehicles for disposal. & 233-6 Transfer Station Special Permit. A. A permit application shall be made on the form prescribed bv the Town Clerk and accompanied bv a fee of $250.00. A permit issued pursuant to this section is not transferable and shall run for the same duration as a permit for the same transfer station issued bv the New York State Department of Environmental Conservation. B. No permit shall be granted unless the applicant can produce a valid transfer station operating permit issued bv the New York State Department of Environmental Conservation for the proposed site and further demonstrate that the proposed transfer station is consistent with the Town's Solid Waste Management Plan. The terms of the permit may be reviewed bv the Town Board from time to time to ensure that the operation is consistent with the Town of South old Solid Waste Management Plan. C. The grant ofa permit shall bind the applicant to provide the Town of South old with the following. information on an annual basis: (1) Gross tons of mixed solid waste and recvclables received. (2) Gross tons ofrecvclables removed from solid waste delivered. (3) Net tons of nonrecvclable solid waste reloaded onto vehicles for disposal. (4) Aggregate tonnage of all mixed solid waste and recvclables delivered to the facility. and the origin. bv Town. of such tonnage. D. Prior to the issuance of a permit for a transfer station. an application for site plan approval shall be reviewed bv the Planning Board of the Town of South old. The Planning Board shall assume Lead Agencv for the purposes of the SEORA review and such review process shall be complete prior to the issuance of a permit under this section. Failure to comply with the terms of an approved site plan shall constitute grounds for immediate revocation ofthis permit. E. No permit shall issue until the applicant has submitted a route plan acceotable to the Town Board designed to indicate that traffic generated bv the facility will have a minimal impact on residential streets. F. The grant and acceptance of this permit shall constitute consent to allow inspection of the premises bv the Town of Southold for the purpose of ensuring compliance with the permit. Inspection shall be upon reasonable prior notice to the permit holder. G. All trucks entering the facility containing materials for transfer must be covered. H. An emergency response plan acceptable to the Town Board shall be submitted. . . which mav be referred to local emergencv responders for comment and input. 1. No permit shall issue until the Town Board has held a public hearing on the application, with at least ten davs notice provided to the public. J. The Town Board mav approve, approve with conditions, or denv an application for a transfer station permit. The Town Board mav impose such conditions or safeguards on the issuance of the transfer station permit to ensure that the proposed operation shall not have an adverse effect on the environment, the character of the area or the general welfare of the Town. K. Nothing in this section shall exempt an applicant or facilitv from compliance with zoning or other requirements of the Town Code. S 233-6.1 S 233--7.8.. Penalties for offenses Revocation of permit and/or license. Section 4. Severability . If an section or subsection, paragraph, clause, phrase or provision of this law shall be judge invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. I have a memo here from Jerilyn Woodhouse, chair of the Planning Board, dated today. "The Planning Board supports a local law in relation to a transfer station with consideration ofthe following comments and recommendations. In one section we could amend the language as follows to allow for further discretionary review. (I think they mean discretionary review by the Planning Board) The current reading is a six foot high black chain link fence with stockade attached shall be installed and maintained behind said landscape areas. The Planning Board is proposing "the fence color and materials shall be approved by the Planning Board." The second comment is a minimum of20 feet of landscaping including street trees shall be planted and maintained along streets. They are proposing instead that 20 feet of landscaped buffers shall be entirely located within the subject parcel boundaries. There is another proposal to amend the language to propose that the Planning Board shall review the action under 6NYCRR part 617 of the State Enviromental Review Act and finally it is recommended that additional language be added that no building permit shall issued until the Town Board and Planning Board issue approvals. The Planning Board recommends approval of the proposed local law with the aforementioned provisions." I have a memo dated March 17'h from the Suffolk County Department of Planning, "Pursuant to the requirements of the Suffolk County Administrative Code, this application which has been submitted to the County PlanningCommission is considered to be a matter for local determination as there is no apparent county wide impact." I have a note that it has appeared on the Town Clerk's bulletin board outside here and I have a copy of the legal that was in the local newspaper. I have the SEQRA for this proposed local law done by McLean Associates, a . . lengthy draft with all the forms filled out. And I believe that those are the only substantive comments I have on this proposed local law. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this specific local law? John? This is for the transfer, it is not for the wind technology. Would anybody like to come up? (No response) Can I get a motion to close? This hearing was closed at 5: 16 PM * * * * * C:VA :..,.~~O.~ Eli~eth A. Neville Southold Town Clerk . Suffolk Times. October 4, 2007 . 238 . LEGALS... From previous page LEGAL NOTICE NOTICE OF NON_DISCRIMINATION POLICY GREENPORT, NY 11944 It is the policy of San Simeon by the Sound not to discriminate because of Race, Creed, Religion, Color, National Origin, Sex, Gender, Handicap, Disabil- ity, Blindness, Source of Sponsorship, Source of Payment, Marital Status, Age, Sexual Preference. Genetic Predisposi- tion or Carrier Status in employment, military status, or in the administration. retention and care of resident. 8543-lT 1014 LEGAL NOTICE NOTICE OF ENACTMENT WHEREAS there has been present- ed to the Town Board of the Town of Southold, Suffolk County, New York on the 24th day of April, 2007, a Local Law entitled "A Local Law in Relation to a Transfer Station," AND WHEREAS the Town Board of the Town of Southold finds that this Local Law is consistent with the LWRP, AND WHEREAS the Town Board of the Town of Southold held a public hear- ing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now there- for be it RESOLVED that the Town Board of the Town of Southold hereby FNACfS the orooosed "LoeBI Law in Relation to II Trllnsfer Station" which reads as fol- lows: 1 ocall aw No 13 of 2007 Section 1. Purpose. In order to promote the health, safety and welfare of the citizens of the Town of Southold, the Town Board, finds it necessary to provide for a Transfer Sta- tion use in the zoning code to facilitate the proper and efficient handling and transfer of municipal solid waste (MSW) and construction debris (C&D) mate- riaL The Town Board finds it appropri- ate to limit such use to the LIO Zoning District, subject to strict requirements, pursuant to a special permit issued by the Town Board, and site plan review by the Planning Board. Se<:tion 2. Code Amendment. Chapter 280 of the Code of the Town of Southold is hereby amended as fol- lows: ~ 280-58. Use regulations. In the LlO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: D. A Transfer Station mav he oermit- ted S;lhi~ct to soecia\ oermit ohtained ~ra: the Town Board Dursuant to Sec- io 211-6 the Town Code. The Transfer ~t;;o~~"hall also he subiect to "ite olan _p~_o__1 h~ the Plarmin!>" Hoard hased on the following criteria and reauire~ = (1) The Dlan "hall include the ore- ci<;e lacl'ltion af all buildin!>"s "tnwtnres e~nl~~ee and tru~k Darkin!>" loadin~. u~I~~dim'/ and traffic areas internal dr- ~~~~tion container "tora!>"e areas storal!e __s f~r recvclinp :'Ind anv other infor- ~atian deemed nertinent to an adeauate review of the oronosa!. en A minimum lot area of 120000 sq~are feet and the rh!"ht to reauire a ~":';at~r lot area Such r~(lUirement shall he hased on the scaJeof oneration as ;~asnred bv the size of the huildinQs _cn~sed for the site the volume of solid was~e handled on a dailv hasi" and the reqllir~~;;'ents for vehicle narkin!>" and movement or a fiodin!>" that the onera- ti~n cannot he adequatelv screened from adjoinin17 nronertv ;3) A minimum distance of four hQn- dr d (400) feet from a nronertv 7.oned ~o; r~sidential u~e measured from the _wo closest noints of narcel houndarv or located within six hundred (non) feet of an existin!>" residential stTllctnre mea- ~Ired from the closest noint of the resi- _~~tjal structure to the Darcel houndarv. (4) Submission of a route Dlan to indi- cat~ that traffic venerated bv the facilitv will have a minimal imoact on residen~ tialstreets. (5) Provision of adenuate lanes for vehicle" enterin17 the facilitv. (6) All sorting baliD!>" nrocessim!. crushinv and similar inten"ive activ- itY ~~~ociated with the facilitv incllldinQ L'_. _~_____ _~ ~Il ~~_.~:..",.... .......nt",;n;nn -2-10. BETH raVari- ed on ,2007 gapro- I, partly yard, at om the (House #6078. r Sec- , based #5039 ing In- praval nd al- which ss than d less e will f non- is also m the : 2760 b 0.1. and t for a based ended praval nd al- with a be rear d ,OM 25 feet; (2) following the proposed extension of the existing canopy, there will be an increase in the degree of nonconfor- mance for the front yard setback from the Main Road - NYS Route 25; (3) following the proposed exten- sion of the existing canopy, there will be an increase in size (as a single separate structure) that will exceed the code max. imum of 60 linear feet of frontage on one street (Factory Avenue). Location of Property: CITGO Gas Station, Corner of Factory Avenue at 9945 Route 25 (a/kla Main Road), Mattituck; CTM 142~1-27. Zone Dis. trict: B-General Business. 2:00 P.M. DANIEL and ELAINE O'CONNELL #6084. Request for a Variance under Section 280-124, based on the Building Inspector's August 1, 2007 Notice of Disapproval concerning proposed additions and alterations to an existing single.family dwelling, for the reason that the new construction will be less than the code-required 35 ft. side yard setbacks (total), at 1205 Waterview Drive, Southold; CTM 78-7-16. 2:20 P.M. KENNETH G. SCHEU- BLEIN #6079. Request for Variances under Section 280-15, based on the Building Inspector's June 14, 2007 No- tice of Disapproval concerning a pro- posed accessory garage and shed in an area other than the code-required rear yard, at 105 West Creek Avenue (also pequash Avenue and Old Pasture Road), Cutchogue;CTM 103-13-20.1. 2:40 P.M. HOUSE OF DAIGE #5926. This is an Appeal: (1) request- ing a determination that will recognize a 6,000 square foot lot for the purpose of adding a single~family dwelling, in- stead of its present zoning restrictions adopted 01). September 29, 1969 under Appeal No. 1290, which application re- quested a split of the property to allow a 6,000 square foot portion to be used as a garage, as an accessory to the applicant's home across the street in 1969, resulting in the remaining portion of the land, now CTM Parcel 52-3-14.1 (now or formerly Hoffman), and (2) based on the Building Inspector's May 30, 2006 Notice of Dis- approval, requesting a Variance to build a dwelling with side yards at less than the code-required 25 feet (combined setbacks), after removal of the garage. Location of Property: 1195 Ruch Lane, Greenport; CTM 52-3-13. The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or byemail: Linda.Kowalski@Town.South- old.ny.us. Dated: September 26. 2007. ZONING BOARD OF APPEALS JAMES DINIZIO,JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Addressl USPS) P.O. Box 1179 Southold,NY 11971-0959 .,. - , '\., 8544-1T 10/4 LEGAL NOTICE Notice of Public HeariDg And Special Meeting Cutchogue Fire District PLEASE TAKE NOTICE that a Public Hearing will be held on October 16,2007 at 7 p.m, at the main firehouse at 260 New Suffolk Rd, Cutchogue, NY 11935. The purpose of the Public Hearing will be to permit public review of the proposed budget for the Cutchogue Fire District for the calendar year 2008. PLEASE TAKE FURTHER NO- TICE that a copy of the proposed bud- get has been filed with the Town Clerk and is available for review and is also available for review at the Office of the Board of Fire Commissioners between the hours of 7 a.m. to 5 p.m. and is dis- played at www.cutchoguefiredept.arg. PLEASE TAKE FURTHER NO- TICE that time permitting, a Special Meeting of the Board of Frre Commis- sioners will be held immediately follow- ing the conclusion of the public hearing for the purpose af adopting the final budget. .._ By order of tJie 'Board of Fire Cammis. sioners-of Cutchogue Fire District, Town of Southold, -~ >> A - '-- - #8542 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Dina MacDonald 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 Newspa~er once each week for -L-week(s), successively, commencing 0 4 H day of tober 2001, Principal Clerk Sworn to before me this 2007 ftJ day of ()~ !ffiL- CHRISTINA VOllNSKI NOTARY PUBLIC-STATE OF NEW YORK NO.Ol_V06105050 Qualified In suffolk county commission Expire. February 28, 2008 LEGAL NOTICE NOTICE OF ENACTMENT WHEREAS there has been present- ed to the Town Board of the Town of Southold, Suffolk County, New York on the 24th day of April, 2007, a Local Law entitled "A Local Law in Relation to a Transfer Station," AND WHEREAS the Town Board of the Town of Southold finds that this Local Law is consistent with the LWRP, AND WHEREAS the Town Board of the Town of Southold held a public hear- ing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard. now there- for be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the oroDosed "Local Law in Relation to a Transfer Station." which reads as fol. lows: Local Law No. 13 of 2007 Section 1. purpose. 10 order to promote the health. safety and welfare of the citizens of the Town of Southold, the Town Board finds it necessary to provide for a Transfer Sta- tion use in the zoning code to facilitate the proper and efficient handling and transfer of municipal solid waste (MSW) and construction debris (c&D) mate- ria\. The Town Board finds it appropri- ate to limit such use to the LIO Zoning District, subject to strict requirements, pursuant to a special permit issued by the Town Board, and site plan review by the Planning Board. Section 2. Code Amendment. Chapter 280 of the Code of the Town of Southold is hereby amended as fol- lows: ~ 280-58. Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: D. A Transfer Station may be permit- ted subiect to soecial nermit ohtained from the Town Board oursuant to Sec- tion 233-6 the Town Code. The Transfer Station shall also be subiect to site olan approval bv the Planninp" Board based on the followiO!' criteria and reauire- ments: (1) The Dlan shall include the ore- cise location of all buildinps.. structures. emolovee and truck oarking loadim:! unloadinp and traffic areas internal cir- culation container storage areas stora!!e areas for recvc1ine: and anv other infor- mation deemed Dertinent to an adeQuate review of the nroDosal. (2) A minimum lot area of 120000 suuare feet and the right to reQuire a ~Teater Jot area. Such reQuirement shall be based on the scale of operation as measured bv the size of the buildine:s prooosed for the site the volume of solid waste handled on a dailv hasis and the reQuirements for vehicle oarkinp" and movement or a findine: that the ooera- tion cannot be adeQuatelv screened from adioining orooertv. (3) A minimum distance of four hun- dred (400) feet from a oronertv zoned for residential use measured from the two closest points of oarcel boundarY or located within six hundred (600) feet of an existinp residential structure mea- sured from the closest ooint of the resi- dential structure to the oarcel houndarv. (4) Suhmission of a route ohm to indi- cate that traffic generated bv the facilitv will have a minimal imoact on residen- tialstreets. (5) Provision of adeauate lanes for vehicles enterin!:! the facilitv. (6) All sorti.n!!" baling orocessinl!. crushin" and similar intensive activ- ity associated with the facilitv includim! the storape of all containers containinl:! recyclable and waste material shall be contained inside a comoletelv enclosed buildim:!' with all imoervious floor sur- ~ (7) Outdoor use of the orooertv shall be restricted to the narkim! and maneu- verin!:! of vehicles. washifip of vehicles scales necessarv for the ooer::Jtion of the transfer station and the storure of emptv containers. (H) The storap"e of said emptv contain- ers shall be restricted to locations soe- cificallv identified on the site olan. This eauioment shall be located and ~reened in such a manner so as to not be visible from the street of from ad/oiniO!' oroo- crties. (9) On-street Darkim' of vehicles, containers or any other eauioment or materials in anY waY connected with the facilitv shall he orohibited. (10) Where feasible truck loadilll! and unloadim' areas shall not face the street. (11) All toxic and hflzardous materi- als shall he prohihited (12) The maximum heipht of the facil- ity shall not exceed thirty five (35) feet (13) A minimum of twentv (20) feet of landscaocd buffers inc1udinp street trees shaH be olanted and maintained along all street fronta!!es. Landscaned buffers shall be entirelv located within the subiect parcel boundaries. (14) A six foot hie:h fence shall be installed and mflintained behind said landscaned buffers. Fence color and ma- terials shall be aoorovcd bv the Plannin!! Board. (15) Hours of one ration shaH be demonstrated bv the aoolicant to be lim- ited to minimize imnact on surroundin!! prooerties. ~ 280-60. Front yard setbacks. e. A project shall be divided into sep- arate structures so that no single struc- ture shall have more than 60 linear feet of frontage on one street. excent that this requirement shall not annlv to a transfer station. The setbacks of multiple struc- tures on a parcel may vary, provided that the average setback of the structures meets the sethack required above and all buildings are at least 75 feet from the right-of-way. Section 3. Code Amendment. Chapter 233 Solid Waste of the Code of the Town of Southold is hereby amended as follows: ~ 233-1. Definitions. Words and terms used in this article shall have the foJlowing meanings: TRANSFER STATION TOWN n The disposal area owned and operated by the Town of Southold located north of County Route 48 at Cutchogue. New York. TRANSFER STATION PRIVATE _ Anv combination of structures ma- chinerv and facilities used for off-Ioad- in\, solid waste from collection vehicles. the recoverv of recvclahles from said solid waste and/or the reloadinp of non- reC)'clable solid waste into vehicles for disoosal. IS 233-6 Transfer Station Snecial Per- mit. A. A oermit aoplication shall be made on the form prescribed bv the Town Clerk and accomoanied bv a fee of $2S0.00.A oermit issued oursnallt to this section is not transferable and shall run for the same duration as a oermit for the same transfer station issued bv the New York State Deoartment of Environmen- tal Conservation. R. No oermit shall he pranted unless the aonlicant can oroduce a valid trans- fer station ooeratinl! Dermit issued bv the New York State neoartment of Environ- mental Conservation for the orooosed site and further demonstrate that the proposed transfer station is consistent with the Town's Solid Waste Manal!e- ment Plan. The terms of the oennit may he reviewed bv the Town Board from time to time 10 ensure that the ooeration is consistent with the Town of Southold Solid Waste Management Plan. e. The prant of a oermit shall bind the applicant to Drovide the Town of South- old with the following information on an annual basis: (1) Gross tons of mixed solid waste and recvclahles received. (2) Gross tons of recyclables removed from solid waste delivered. (3) Net tons of nonrecvclable solid waste reloaded onto vehicles for dis- ~ (4) Agpregate tonnap"e of all mixed solid waste and recvclables delivered to the facilitv and the origin bv Town of snch tonnal:!e. D. Prior to the issuance of a oermit for a transfer station an aoolication for site plan aooroval shall be reviewed bv the planninp Board of the Town of South- old. The Planning Board shall review the action under 6 NYCRR t"art 617 of the State Fnvironmental ()lIalitv Review Act and such review orocess shall be comolete mior to the issuance of a oer- mit under this section. Failure to comolv with the terms of an aODroved site olan shall constitute prounds for immediate revocfltion of this permit. E. No oennit shall issue until the ap- plicant has submitted a route olan ac- ceptable to the Town Board desip"ned to indicate that traffic penerated bv the facilitv will have a minimal imoact on residential streets. F. The grant and accentance of this permit shall constitute consent to allow insoection of the oremises by the Town of Southold for the Durnose of ensurinll comoliance with the Dermit. Insoection shall be uoon reasonable nrior notice to the permit holder. n All trucks enterim:!' the facilitv con- taininp materials for transfer must be covered. H. An emere:encv reSDonse olfln ac- centable to the Town Board shall be submitted which mav be referred to lo- cal emer!!encV resDonders for comment and inout. I No oermit shall issue until the Town Board has held a oublic hearine: on the application with at least ten davs notice provided to the Dubhe. 1. The Town Board ma\' anorovc aD- prove with conditions or deny an ao- plication for a transfer station Dcrmit. The Town Board may imnose such con- ditions or safee:uards on the issuance of the transfer station nermit to ensure that the orooosed ooeration shall not have an adverse effect on the environment the character of the area or the peneral welfare of the Town. K. Nothine: in this section shall exemot an aoolicant or facility from comntiance with zoning or other reQuirements of the Town Code. L No build in!! oermit shall be is- sued until the Town Board and Plannin!! Board issue apnrovals. ~ 233-6.7 Penalties for offenses ~ 233-18. Revocation of permit andlor license. Section 4. Severability. If an section or subsection, paragraph, clause, phrase or provision of this law shall be judge invalid or held unconsli- tutional by any court of competent ju- risdiction. any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to he invalid or unconstitutional. Section 5. Effective Date. This Local Law shaH take effect im- mediately upon filing with the Secretary of State. Dated: May 22.2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk H542- t T 10/4 . Bohn, Lynda From: Bohn, Lynda Sent: Thursday, September 27,2007 1 :01 PM To: JAWEBER@TIMESREVIEW.COM Subject: for publication 10/4/07 please publish 10/4/07 Lynda M Bohn Lynda M Bohn Deputy South old Town Clerk Principal Account Clerk 10/10/2007 . Page 1 of 1 A5~PD WvJ)~ ~~ ~~ . . * l ELIOT SPITZER GoVERNOR STATE OF NEW YORK DEPARTMENT OF STATE 41 STATE STREET ALBANY. NY 12231-0001 July 10, 2007 LORRAINEA. CClR1ES-VAzQUEZ SECRETARY OF STA'" RECEIVED Lynda M Bohn Deputy Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 JUL 1 6 1J.'JJ7 Southard Town Clerk RE: Town of Southold, Local Law No. 13, 2007, filed on June 19, 2007 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state.nv.us/corD/misc.html. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 WWW.OOS.STATE.NY.US . E-MAIL: INFOGOOS.STATE.NY.US . pJ,z.t:-:::'.c:.uz;:c- - -"" _r- ,(1- . .(. ;9<.~; 1" -"". ,..J~:,.<~\ U\ i'iiJ~fl;A;,.~~, (,>/ ~<::~::". "'-"" "''t) O( ,,:~ ";:l \' "+. +' H ., , . . ~ N " .-~' ~ t"~~. ~; .'1 ~ '~\ ;~}:ST ~ C?O'.I~. _ {~\ ft ~lf /:njfVf\.[ '\~,'y ,"'~,i' '~;~~~~~;~,_': I>','iY- . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD ~I 90::n Federal Express Linda Lasch New York State Department of State State Records and Law Bureau 41 State Street Albany, NY 12231 RE: Local Law Number 13 of2007 Town of Southold, Suffolk County Dear Ms. Lasch: Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork, net In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law Number 13 of2007 of the Town of South old, 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. Very truly yours, J~ mB Q Lynda M Bohn Southold Deputy Town Clerk Enclosures cc: Town Attorney . '. r ~ . . NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET, ALBANY, NY 12231 (Use this form to tile 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 ilalics or underlining to indicate new matter. CtHUltj Gity Town of '.'illage SOUTHOLD Local Law No, 13 of2007 Section 1. Purpose. In order to promote the health, safety and welfare of the citizens of the Town of South old, the Town Board finds it necessary to provide for a Transfer Station use in the zoning code to facilitate the proper and efficient handling and transfer of municipal solid waste (MSW) and construction debris (C&D) material. The Town Board finds it appropriate to limit such use to the LIO Zoning District, subject to strict requirements, pursuant to a special permit issued by the Town Board, and site plan review by the Planning Board. Section 2. Code Amendment. Chapter 280 of the Code of the Town of South old is hereby amended as follows: S 280-58. Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: D. A Transfer Station may be permitted, subject to special permit obtained from the Town Board pursuant to Section 233-6 the Town Code. The Transfer Station shall also be subject to site plan approval by the Planning Board based on the following criteria and requirements: (I) The plan shall include the precise location of all buildings, structures, employee and truck parking, loading, unloading, and traffic areas, internal circulation, container storage areas, storage areas for recycling, and any other information deemed pertinent to an adequate review of the proposal. (2) A minimum lot area of 120,000 square feet and the right to require a greater lot area. Such requirement shall be based on the scale of operation as measured by the size of the buildings proposed for the site, the volume of solid waste handled on a daily basis, and the requirements for vehicle parking and movement, or a finding that the operation cannot be adequately screened from adjoining property. (3) A minimum distance of four hundred (400) feet from a property zoned for residential use measured from the two closest points of parcel boundary, or located within six hundred (600) feet of an existing residential structure measured from the closest point of the residential structure to the parcel boundary. (If additional space is needed, attach pages Ihe same size as this sheet, and number each.) DOS-239(Rev.11199) 1 , .. ," . . (4) Submission of a route plan to indicate that traffic generated by the facility will have a minimal impact on residential streets. (5) Provision of adequate lanes for vehicles entering the facility. (6) All sorting, baling, processing, crushing, and similar intensive activity associated with the facility, including the storage of all containers containing recyclable and waste material shall be contained inside a completely enclosed building with an impervious floor surface. (7) Outdoor use of the property shall be restricted to the parking and maneuvering of vehicles, washing of vehicles, scales necessary for the operation of the transfer station, and the storage of empty containers. (8) The storage of said empty containers shall be restricted to locations specifically identified on the site plan. This equipment shall be located and screened in such a manner so as to not be visible from the street of from adjoining properties. (9) On-street parking of vehicles, containers, or any other equipment or materials in any way connected with the facility shall be prohibited. (10) Where feasible, truck loading and unloading areas shall not face the street. (II) All toxic and hazardous materials shall be prohibited. (12) The maximum height of the facility shall not exceed thirty five (35) feet (13) A minimum of twenty (20) feet oflandscaped buffers, including street trees shall be planted and maintained along all street frontages. Landscaped buffers shall be entirely located within the subject parcel boundaries. (14) A six foot high fence shall be installed and maintained behind said landscaped buffers. Fence color and materials shall be approved by the Planning Board. (15) Hours of operation shall be demonstrated by the applicant to be limited to minimize impact on surrounding properties. S 280-60. Front yard setbacks. C. A project shall be divided into separate structures so that no single structure shall have more than 60 linear feet of frontage on one street, except that this requirement shall not apply to a transfer station. The setbacks of multiple structures on a parcel may vary, provided that the average setback ofthe structures meets the setback required above and all buildings are at least 75 feet from the right-of-way. Section 3. Code Amendment. Chapter 233 Solid Waste ofthe Code of the Town of South old is hereby amended as follows: S 233-1. Definitions. Words and terms used in this article shall have the following meanings: TRANSFER STATION, TOWN -- The disposal area owned and operated by the Town of South old located 2 ~ ". . north of County Route 48 at Cutc~e, New York. . TRANSFER ST A nON, PRIVATE - Any combination of structures, machinery and facilities used for off- loading solid waste from collection vehicles, the recovery of recyclables from said solid waste, and/or the reloading of nonrecyclable solid waste into vehicles for disposal. S 233-6 Transfer Station Special Permit. A. A permit application shall be made on the form prescribed by the Town Clerk and accompanied by a fee of $250.00. A permit issued pursuant to this section is not transferable and shall run for the same duration as a permit for the same transfer station issued by the New York State Department of Environmental Conservation. B. No permit shall be granted unless the applicant can produce a valid transfer station operating permit issued by the New York State Department of Environmental Conservation for the proposed site and further demonstrate that the proposed transfer station is consistent with the Town's Solid Waste Management Plan. The terms ofthe permit may be reviewed by the Town Board from time to time to ensure that the operation is consistent with the Town of Southold Solid Waste Management Plan. C. The grant of a permit shall bind the applicant to provide the Town of Southold with the following information on an annual basis: (1) Gross tons of mixed solid waste and recyclables received. (2) Gross tons of recyclables removed from solid waste delivered. (3) Net tons ofnonrecyclable solid waste reloaded onto vehicles for disposal. (4) Aggregate tonnage of all mixed solid waste and recyclables delivered to the facility, and the origin, by Town, of such tonnage. D. Prior to the issuance of a permit for a transfer station, an application for site plan approval shall be reviewed by the Planning Board of the Town of Southold. The Planning Board shall review the action under 6 NYCRR Part 617 of the State Environmental Quality Review Act and such review process shall be complete prior to the issuance of a permit under this section. Failure to comply with the terms of an approved site plan shall constitute grounds for immediate revocation of this permit. E. No permit shall issue until the applicant has submitted a route plan acceptable to the Town Board designed to indicate that traffic generated by the facility will have a minimal impact on residential streets. F. The grant and acceptance ofthis permit shall constitute consent to allow inspection of the premises by the Town of Southold for the purpose of ensuring compliance with the permit. Inspection shall be upon reasonable prior notice to the permit holder. G. All trucks entering the facility containing materials for transfer must be covered. H. An emergency response plan acceptable to the Town Board shall be submitted, which may be referred to local emergency responders for comment and input. I. No permit shall issue until the Town Board has held a public hearing on the application, with at least ten days notice provided to the public. J. The Town Board may approve, approve with conditions, or deny an application for a transfer station permit. The Town Board may impose such conditions or safeguards on the issuance of the transfer 3 . L ' " . station permit to ensure thl.e proposed operation shall not have Jltdverse effect on the environment, the character of the area or the general welfare of the Town. K. Nothing in this section shall exempt an applicant or facility from compliance with zoning or other requirements of the Town Code. L. No building permit shall be issued until the Town Board and Planning Board issue approvals. 9233-7. 9 233-8. Penalties for offenses Revocation of permit and/or license. Section 4. Severability. If an section or subsection, paragraph, clause, phrase or provision of this law shall be judge invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. 4 , ~' .....,. (Complete the certificln in the paragraph that applies to the.g 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. 13 of 20 ~ of the (~ounl) )(Cil)')(Town) C.'illage) of SOUTHOLD was duly passed by the TOWN BOARD on Mav 22 .20 07 ,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 the (County)(City)(Town)(Village) of on disapproval) by the in accordance with the applicable provisions of law. of20 was duly passed by the 20 _, and was (approved)(not approvedXrepassed after and was deemed duly adopted on 20 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 subm itted to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote ofa majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20_, in accordance with the applicable provisions oflaw. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) of 20_ of the of was duly passed by the on 20, and was (approvedXnot approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , In accordance with the applicable provisions of law. I hereby certify that the local law annexed hereto, designated as local law No. (County)(City)(Town)(Village) · Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5 ,~ .,: . . 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 of20 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 ofthe 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. (Seal) Clerk oft County legislative body. City. Town or Villa~ Clerk or officer esignated by local legislative body Elizabeth A. Neville, Town Clerk Date: May 31, 2007 (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 n ins the correct text and that all proper proceedings have been had or taken for the enactment of the local law anne e hereto. Sign re Patricia A. Finnegan, s. ttorney Kieran Corcoran. ESQ., Assistant Town Attornev Title C e unt) ~ Town of SOUTHOLD ','illage Date: May 31, 2007 6 #8398 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 7th day of June. 2007. 0/~la~VdJmaYdJ Principal Clerk Sworn to before me this 2007 ~ day of ~- ~ I CHRISTINA I/Oll~ NOTARY PU8L1c.nm OF NEW YORK NO. 01."06105050 QUllllfled In Suffolk County CommlSlIOn Expires February 28. 2008 LEGAL NOTICE NOTICE OF ENACfMENT WHEREAS there has been pre- sented to the Town Board of the Town of Southold, Suffolk County, New York on the 24th day of April, 2007. a Local Law entitled "A Local Law in Relation to a Transfer Station", AND WHEREAS the Town Board of the Town of Southold finds that this Local Law is consistent with the LWRP, AND WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard. now there- for be it RESOLVED that the Town Board of the Town of Soutbold hereby ENACTS the oroomed "Local Law in Relation to a 'J'rgn40:fpf Station". which reads as fol- lows: Local Law No. 13 of 2007 Section 1. Purpose. In order to promote the health, safety and welfare of the citizens of the Town of Southold. the Town Board finds it necessary to provide for a Trans- fer Station use in the zoning code to facilitate the proper and efficient han- dling and transfer of municipal solid waste (MSW) and construction debris (C&D) material. The Town Board finds it appropriate to limit such use to the LlO Zoning District, subject to strict re- quirements. pursuant to a special permit issued by the Town Board, and site plan review by the Planning Board. Sedion 2. Code Amendment. Chapter 280 of the Code of the Town of Southold is hereby amended as fol- lows: ~ 280-58. Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged. intended or designed to be used. in whole or in part, for any purpose except the following: D A Transfer Station mav he oermit- ted subiect to snecial permit obtained from the Town Board oursuant to Sec- tion 2,:\-6 the Town Code. The Transfer Station shall also be subiect to site olan apnroyal by the Pl:mnim. Board based on the followim. criteria and reauire- = (1) The nlan shall include the ore- cise location of all buildinps. structures emnloyee and truck parkin!! loadin!! Ilnlruldinp and traffic areas internal cir- culation container stOTape areas. stor- are areas for recvclin!! and :mv other information deemed Dertinent to fin adeouate review of the orooosal. (2) A minimum lot area of 120000 square feet and the ril!ht to reQuire a preHter lot area. Such reQuirement shall be based on the scale of oneration as measured hv the size of the buildin!!"s orooosed for the site the volume of solid waste handled on a daily basis and the reauirements for vehicle nHrkinp Hnd movement or a findinl!" that the 00- eration cannot he adeQuatelv screened from a4ioininl!" oronertv (3) A minimum distance of four hun~ dred (4(0) feet from a nrooem 7.oned for residential use measured from the two closest points of narcel houndarv or located within six hundred (6OQ) feet of an existim:! residential stmcture measured from the closest ooint of the residential structure to the narcel houndarv (4) Suhmi~..ion of a rollte olan to indicate that traffic l!'enerated bv the facilitv will have a minimal imnact on residential street... (5) Provision of adeouate lanes for vehicles entering the facilitv. .11 sartin", ootin!!" proc.essin" crll~'OIllJ and similar intensive activity associated with the facility includinl!' the stora",e of all containers containing recvclable and waste material shall be contained inside a comnletelv enclosed buildin2 with Hn imnervious floor sur- face. --cn Outdoor use of the oronertv shall he restricted to the narkin~ and mHneu- verinp of vehicles washin!! of vehicles. scales necessarY for the oneration of the transfer station and the storape of emntv containers. (8) The storage of said emntv con- tainers shall be restricted to locations snecificallv identified on the site olan. This equinment shall he located and screened in sucb a manner so as to not be visible from the street of from ad- ioinin" nronerties. (9) On.street oarkinp. of vehicles. containers or anv other eauioment or mHteriH]S in any wav connected with the facility shall he nrohihited. (10) Where feasible truck loadin2 and lInloadinp areas shall not face the = (11) All toxic and ha7.Hrdous materi- als shall be nrohibited. (12) The maximum hei"ht of the fa- cilitv shall not exceed thirty five (35) ~ (13) A minimum of twentv {2m feet of landscaped huffers includinp street trees shall he nlanted and maintained alonl! all street fronta2es. I.andscaned huffers shall he entirelv located within the suhiect narcel boundaries. (14) A six foot hi"h fence shall be installed and maintained behind said landscaned buffers. Fence color and materiHls shHII he Hnnroved bv the Plan- ninl!' Board. (15) Hours of ooeration shall be demonstrated bv the anolicant to be limited to mioimi1:e imnact on sur- roundin!!" nronerties. ~ 280-60. Front yard setbacks. e. A. project shall be divided into separate structures so that no single structure shall have more than 60 linear feet of frontage on one street. ~ that this reauirement shall not aonlv to a transfer stHtioo The setbacks of mul- tiple structures on a parcel may vary, provided that the average setback of the structures meets the setback required above and all buildings are at least 75 feet from the right-of-way. Section 3. Code Amendment. Chapter 233 Solid Waste of the Code of the Town of Southold is hereby amended as follows: ~ 233-1. Definitions. Words and terms used in this article shall have the following meanings: TRANSFER STATION TOWN -- The disposal area owned and operated by the Town of Southold located north of County Route 48 at Cutchogue, New York. TRANSFFR STATION PRIVATE - Anv combination of structures ma- chinerv and facilities lIsed for off-Ioad- inp solid waste from collection vehicles the recovery of recvclables from said solid waste and/or the reloading of non- recvclable solid waste into vehides for ~ 15 7..:\:\-6 Trnnsfer Station Soecial Per- mit A A oennit apnlication shall he made on the form nrescribed bv the Town Clerk: and accomnanied hv H fee of $250.00. A oermit issued nursuant to this section is not transferable and shall run for the SHme duration as a oermit for the same transfer station issued bv the New York State ~nartment of En- vironmental ('..onservation R No nermit shall be lITanted un~ less the Hnnlicant can oroduce a valid trnnsfer shtfion oneratinl" nermit issued hv the New York S. lenartment of Fnviroomental Con~l vation for the proDOsed "ite and further demonstrate that the oronosed transfer station is consistent with the Town's Solid Wa<;te Manapement Plan. The terms of the permit mHV be reviewed bv the Town Hoard from time to time to ensllre that the ooerHtion is consistent with the Town of Southold Solid Waste Mana"e- ment Plan. e. The 2rant of a oennit shall bind the aoolicant to nrovide the Town of Southold with the followinl!" informa- tion on an annual basis: (1) Gross tons of mixed solid waste and recvclables received. (2) Gross tons of recvclables re- moved from solid waste delivered (3) Net tons of nonrecvclable solid waste reloaded onto vehicles for dis- IlO'OL (4) Ag!!re!!"ate tonna~e of all mixed solid waste and recvclahles delivered to the facility Hnd the oripin hv Town of snch tonnape. D Prior to the issuance of a nermit for a transfer station an aoolication for site nlan annroval shall he reviewed hv the Planninl!" Board of the Town of Southold. The Plannin" Hoard shall re- view the action under 6 NYCRR Part 617 of the State EnvironmentHI Ousl. itv Review Act and such review orocess shall be complete Drior to the issuance of H nermit under this section. Failure to comnlv with the terms of an aooTOved site o]an shall constitute gTOunds for im- mediHte revocation of this nermit. E. No oermit shall issue until the ao- olicant has submitted a route olan ac- ceotahle to the Town Board desipned to indicate that traffic. penerated bv the facilitv will have a minimal imnact on residential streets. F The prant and acceotance of this nerroit shall constitute consent to allow insnection of the nremises bv the Town of Southold for the ouroose of ensurin"- comnliance with the nermit Insnection shall be uoon reHsonahle orior notice to the nermit holder. G. All trucks enterin!! the facilitv containin2 materials for transfer must be covered. H. An emer!!"encv resoonse olan ac~ ceotable to the Town Board shall be submitted which may be referred to lo- cal emer~encv resoonders for comment and innut. I. No oermit shall issue until the Town Board has held a Dublic heannl! on the annlicHtion with at least ten days notice Drovided to the nublic. I The Town Board may aonrove Honrove with conditions or deny an flonlication for H trHosfer station oer- mit The Town ROHrd may imnose such conditions or sHfepuards 00 the issuance of the transfer station nermit to ensure that the orooosed oneration shall not hHve an adverse effect on the environ- ment the character of the area or the peneral welfare of the Town. K. Nothin2 in this section shall ex- emnt an aoolicant or facility from com- oliance with :7.0oin" or other reQuire- ments of the Town Code I '. No buildin!!" nermit shall be issued until the Town Hoard and Planning Brulrd issue an~rovallt A 233-6.1 Penalties for offenses ~ 233..-18.. Revocation of permit and! or license. Section 4. Sevenbility. If an section or subsection, para. graph, clause, phrase or provision of this law shall be judge invalid or held uncon- stitutional by any court of competent ju- risdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Section S. Effective Date. This Local Law shall take effect im- mediately upon filing with the Secretary of State. Dated: May 22, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 8398.1T617 . LEGAL NOTICE . NOTICE OF ENACTMENT WHEREAS there has been presented to the Town Board of the Town of South old, Suffolk County, New York on the 24th day of April, 2007, a Local Law entitled "A Local Law in Relation to a Transfer Station ", AND WHEREAS the Town Board ofthe Town of Southold finds that this Local Law is consistent with the L WRP, AND WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed "Local Law in Relation to a Transfer Station", which reads as follows: Local Law No. 13 of 2007 Section 1. Purpose. In order to promote the health, safety and welfare of the citizens ofthe Town of South old, the Town Board finds it necessary to provide for a Transfer Station use in the zoning code to facilitate the proper and efficient handling and transfer of municipal solid waste (MSW) and construction debris (C&D) material. The Town Board finds it appropriate to limit such use to the LIO Zoning District, subject to strict requirements, pursuant to a special permit issued by the Town Board, and site plan review by the Planning Board. Section 2. Code Amendment. Chapter 280 ofthe Code of the Town of Southold is hereby amended as follows: S 280-58. Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: D. A Transfer Station mav be permitted. subiect to special permit obtained from the Town Board pursuant to Section 233-6 the Town Code. The Transfer Station shall also be subiect to site plan approval bv the Planning Board based on the following criteria and requirements: (I) The plan shall include the precise location of all buildings. structures. emplovee and truck parking. loading. unloading. and traffic areas. internal circulation. container storage areas. storage areas for recvcling. and anv other information deemed pertinent to an adequate review of the proposal. (2) A minimum lot area of 120.000 square feet and the right to require a greater lot area. Such requirement shall be based on the scale of operation as measured by the size of the buildings proposed for the site. the volume of solid waste handled on a daily basis. and the requirements for vehicle parking and movement. or a finding that the operation cannot be adequately screened from adioining property. "'" (3) A.nimum distance of four hundred 400 et from a ro ert zoned for residential use measured from the two closest points of parcel boundary, or located within six hundred (600) feet of an existing residential structure measured from the closest point of the residential structure to the parcel boundary. (4) Submission of a route plan to indicate that traffic generated by the facility will haye a minimal impact on residential streets. (5) Proyision of adequate lanes for yehicles entering the facility. (6) All sorting, baling, processing, crushing, and similar intensiye actiyity associated with the facility, including the storage of all containers containing recyclable and waste material shall be contained inside a completely enclosed building with an impervious floor surface. (7) Outdoor use of the property shall be restricted to the parking and maneuyering of yehicles, washing of yehicles, scales necessarY for the operation of the transfer station, and the storage of empty containers. (8) The storage of said empty containers shall be restricted to locations specifically identified on the site plan. This equipment shall be located and screened in such a manner so as to not be yisible from the street of from adioining properties. (9) On-street parking of yehicles, containers, or any other equipment or materials in any way connected with the facility shall be prohibited. (10) Where feasible, truck loading and unloading areas shall not face the street. (11) All toxic and hazardous materials shall be prohibited. (12) The maximum height of the facility shall not exceed thirty fiye (35) feet (13) A minimum of twenty (20) feet oflandscaped buffers, including street trees shall be planted and maintained along all street frontages. Landscaped buffers shall be entirely located within the subiect parcel boundaries. (14) A six foot high fence shall be installed and maintained behind said landscaped buffers. Fence color and materials shall be approyed by the Planning Board. (15) Hours of operation shall be demonstrated by the applicant to be limited to minimize impact on surrounding properties. 11 280-60. Front yard setbacks. C. A project shall be diyided into separate structures so that no single structure shall haye more than 60 linear feet of frontage on one street, except that this requirement shall not apply to a transfer station. The setbacks of multiple structures on a parcel may yary, proyided that the ayerage setback of the ..' structureleets the setback required above and a.ildingS are at least 75 feet from the right-of-way. Section 3. Code Amendment. Chapter 233 Solid Waste of the Code of the Town of South old is hereby amended as follows: S 233-1. Definitions. Words and terms used in this article shall have the following meanings: TRANSFER STATION. TOWN -- The disposal area owned and operated by the Town of Southold located north of County Route 48 at Cutchogue, New York. TRANSFER STATION. PRIVATE - Any combination of structures. machinery and facilities used for off-loading solid waste from collection vehicles. the recoverv of recyclables from said solid waste. and/or the reloading of nonrecyclable solid waste into vehicles for disposal. & 233-6 Transfer Station Special Permit. A. A permit application shall be made on the form prescribed by the Town Clerk and accompanied by a fee of$250.00. A permit issued pursuant to this section is not transferable and shall run for the same duration as a permit for the same transfer station issued by the New York State Department of Environmental Conservation. B. No permit shall be granted unless the applicant can produce a valid transfer station operating permit issued by the New York State Department of Environmental Conservation for the proposed site and further demonstrate that the proposed transfer station is consistent with the Town's Solid Waste Management Plan. The terms of the permit may be reviewed by the Town Board from time to time to ensure that the operation is consistent with the Town of Southold Solid Waste Management Plan. C. The grant of a permit shall bind the applicant to provide the Town of Southold with the following information on an annual basis: (I) Gross tons of mixed solid waste and recyclables received. (2) Gross tons of recyclables removed from solid waste delivered. (3) Net tons ofnonrecvclable solid waste reloaded onto vehicles for disposal. (4) Aggregate tonnage of all mixed solid waste and recvclables delivered to the facility. and the origin. by Town. of such tonnage. D. Prior to the issuance of a permit for a transfer station. an application for site plan approval shall be reviewed bv the Planning Board of the Town of South old. The Planning Board shall review the action under 6 NYCRR Part 617 of the State Environmental Oualitv Review Act and such review process shall be complete prior to the issuance of a permit under this section. Failure to comply with the terms of an approved site plan shall constitute grounds for immediate revocation of this permit. E. No permit shall issue until the applicant has submitted a route plan acceptable to the Town Board designed to indicate that traffic generated bv the facilitv will have a minimal impact on residential streets. . . F. The grant and acceptance of this permit shall constitute consent to allow inspection of the premises by the Town of Southold for the purpose of ensuring compliance with the permit. Inspection shall be upon reasonable prior notice to the permit holder. G. All trucks entering the facility containing materials for transfer must be covered. H. An emergency response plan acceptable to the Town Board shall be submitted. which may be referred to local emergency responders for comment and input. I. No permit shall issue until the Town Board has held a public hearing on the application. with at least ten days notice provided to the public. J. The Town Board mav approve. approve with conditions. or deny an application for a transfer station permit. The Town Board may impose such conditions or safeguards on the issuance of the transfer station permit to ensure that the proposed operation shall not have an adverse effect on the environment. the character ofthe area or the general welfare of the Town. K. Nothing in this section shall exempt an applicant or facilitv from compliance with zoning or other requirements of the Town Code. L. No building permit shall be issued until the Town Board and Planning Board issue approvals. S 233-6.1 S 233-+~. Penalties for offenses Revocation of permit and/or license. Section 4. Severability. If an section or subsection, paragraph, clause, phrase or provision of this law shall be judge invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. Dated: May 22, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JUNE 7, 2007 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Suffolk Times Building Dept Town Board Members Zoning Board Town Attorney Town Clerk's Bulletin Board , . . . ST ATE 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..3.L day of ,2007, she affixed a notice of which the annexed printed notice is a true co ,in a proper and substantial manner, in a most public place in the Town of South old, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Notice of Enactment: Local Law 13 of2007 8t'40 11..:d~, Elizabeth 1\. Neville Southold Town Clerk Sworn before me this ~ day of rY\o.- ~ ~~8J tary Public LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 B06020932 Qualified in Suffolk County. Term Expires March 8, 20.J+. , . Southold Town Board - Letter . . Board Meetmg of May 22, 2007 RESOLUTION 2007-499 ADOPTED Item # 35 DOC ID: 2922 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-499 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 22, 2007: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 24th day of April, 2007, a Local Law entitled "A Local Law in Relation to a Transfer Station", AND WHEREAS the Town Board of the Town of South old finds that this Local Law is consistent with the L WRP, AND WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed "Local Law in Relation to a Transfer Station", which reads as follows: Local Law No. I3 of2007 Section 1. Purpose. In order to promote the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it necessary to provide for a Transfer Station use in the zoning code to facilitate the proper and efficient handling and transfer of municipal solid waste (MSW) and construction debris (C&D) material. The Town Board finds it appropriate to limit such use to the LIO Zoning District, subject to strict requirements, pursuant to a special permit issued by the Town Board, and site plan review by the Planning Board. Section 2. Code Amendment. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: S 280-58. Use regulations. Generated May 24, 2007 Page 51 Southold Town Board - Ltltr B.d Meeting of May 22, 2007 . In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: D. A Transfer Station may be oermitted, subiect to soecial permit obtained from the Town Board pursuant to Section 233-6 the Town Code. The Transfer Station shall also be subject to site olan aooroval bv the Planning Board based on the following criteria and reQuirements: (I) The olan shall include the precise location of all buildings. structures, emolovee and truck oarking, loading, unloading. and traffic areas. internal circulation. container storage areas. storage areas for recycling, and any other information deemed pertinent to an adeQuate review of the orooosal. (2) A minimum lot area of 120,000 SQuare feet and the right to reQuire a greater lot area. Such reQuirement shall be based on the scale of ooeration as measured bv the size of the buildings proposed for the site. the volume of solid waste handled on a dailv basis, and the reQuirements for vehicle oarking and movement. or a finding that the ooeration cannot be adeQuately screened from adjoining orooertv. (3) A minimum distance of four hundred (400) feet from a orooertv zoned for residential use measured from the two closest ooints of Darcel boundary. or located within six hundred (600) feet of an existing residential structure measured from the closest point of the residential structure to the oarcel boundary. (4) Submission of a route olan to indicate that traffic generated bv the facility will have a minimal imoact on residential streets. (5) Provision of adeQuate lanes for vehicles entering the facility. (6) All sorting, baling, orocessing, crushing, and similar intensive activity associated with the facility, including the storage of all containers containing recyclable and waste material shall be contained inside a comoletelv enclosed building with an imoervious floor surface. (7) Outdoor use of the orooertv shall be restricted to the oarking and maneuvering of vehicles. washing of vehicles. scales necessary for the ooeration of the transfer station. and the storage of emotv containers. (8) The storage of said emotv containers shall be restricted to locations soecificallv identified on the site olan. This equioment shall be located and screened in such a manner so as to not be visible from the street of from adjoining orooerties. (9) On-street oarking of vehicles. containers. or any other eQuioment or materials in any way connected with the facility shall be orohibited. Generated May 24, 2007 Page 52 Southold Town Board - Lei BO! Meeting of May 22, 2007 (10) Where feasible. truck loading and unloading areas shall not face the street. (II) All toxic and hazardous materials shall be prohibited. (12) The maximum height of the facilitv shall not exceed thirty five (35) feet (13) A minimum oftwentv (20) feet oflandscaped buffers. including street trees shall be planted and maintained along all street frontages. Landscaped buffers shall be entirelv located within the subiect parcel boundaries. (14) A six foot high fence shall be installed and maintained behind said landscaped buffers. Fence color and materials shall be approved bv the Planning Board. (15) Hours of operation shall be demonstrated bv the applicant to be limited to minimize impact on surrounding properties. ~ 280-60. Front yard setbacks. C. A project shall be divided into separate structures so that no single structure shall have more than 60 linear feet of frontage on one street, except that this reauirement shall not applv to a transfer station. The setbacks of multiple structures on a parcel may vary, provided that the average setback of the structures meets the setback required above and all buildings are at least 75 feet from the right-of-way. Section 3. Code Amendment. Chapter 233 Solid Waste of the Code of the Town of Southold is hereby amended as follows: ~ 233-1. Definitions. Words and terms used in this article shall have the following meanings: TRANSFER STATION. TOWN -- The disposal area owned and operated by the Town of Southold located north of County Route 48 at Cutchogue, New York. TRANSFER STATION. PRIVATE - Anv combination of structures. machinery and facilities used for off-loading solid waste from collection vehicles. the recoverv of recvclables from said solid waste. and/or the reloading of nonrecvclable solid waste into vehicles for disposal. & 233-6 Transfer Station Special Permit. A. A permit application shall be made on the form prescribed bv the Town Clerk and accompanied bv a fee of $250.00. A permit issued pursuant to this section is not transferable and shall run for the same duration as a permit for the same transfer station issued bv the New York State Department of Environrnental Conservation. Generated May 24, 2007 Page 53 Southold Town Board - Llr B.d Meeting of May 22, 2007 , B. No permit shall be granted unless the applicant can produce a valid transfer station operating permit issued bv the New York State Department of Environmental Conservation for the proposed site and further demonstrate that the proposed transfer station is consistent with the Town's Solid Waste Management Plan. The terms of the permit mav be reviewed bv the Town Board from time to time to ensure that the operation is consistent with the Town of South old Solid Waste Management Plan. C. The grant of a permit shall bind the applicant to provide the Town of Southold with the following information on an annual basis: (I) Gross tons of mixed solid waste and recvclables received. (2) Gross tons of recvclables removed from solid waste delivered. (3) Net tons ofnonrecvclable solid waste reloaded onto vehicles for disposal. (4) Aggregate tonnage of all mixed solid waste and recvclables delivered to the facility. and the origin. bv Town. of such tonnage. D. Prior to the issuance of a permit for a transfer station. an application for site plan approval shall be reviewed bv the Planning Board of the Town of Southold. The Planning Board shall review the action under 6 NYCRR Part 617 of the State Environmental ~uality Review Act and such review process shall be complete prior to the issuance of a permit under this section. Failure to complv with the terms of an approved site plan shall constitute grounds for immediate revocation of this permit. E. No permit shall issue until the applicant has submitted a route plan acceptable to the Town Board designed to indicate that traffic generated bv the facility will have a minimal impact on residential streets. F. The grant and acceptance of this permit shall constitute consent to allow inspection of the premises bv the Town of Southold for the purpose of ensuring compliance with the permit. Inspection shall be upon reasonable prior notice to the permit holder. G. All trucks entering the facility containing materials for transfer must be covered. H. An emergencv response plan acceptable to the Town Board shall be submitted. which mav be referred to local emergencv responders for comment and input. I. No permit shall issue until the Town Board has held a public hearing on the application. with at least ten davs notice provided to the public. 1. The Town Board mav approve. approve with conditions. or denv an application for a transfer station permit. The Town Board mav impose such conditions or safeguards on the issuance of the transfer station permit to ensure that the proposed operation shall not have an adverse effect on the environment. the character of the area or the general welfare of the Town. Generated May 24, 2007 Page 54 Southold Town Board - Let . Board Meeting of May 22, 2007 K. Nothing in this section shall exempt an applicant or facilitv from compliance with zoning or other requirements of the Town Code. L. No building permit shall be issued until the Town Board and Planning Board issue approvals. ~ 233-6.1 ~ 233-+~. Penalties for offenses Revocation of permit andlor license. Section 4. Severability. If an section or subsection, paragraph, clause, phrase or provision of this law shall be judge invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. ~~~~. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated May 24, 2007 Page 55 Southold Town Board - Lei BO! Meeting of May 22, 2007 RESOLUTION 2007-498 Item # 34 ADOPTED DOC 10: 2912 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-498 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 22, 2007: RESOLVED that the Town Board of the Town of Southold hereby declares itself lead al!encv for the uncoordinated review under 6 NYCRR 617 ofthe proposed "A Local Law in Relation to a Transfer Station". SEOR Rules and Rel!Ulations. adopts a nel!ative declaration for this Tvpe I Action pursuant thereto. and authorizes Supervisor Scott A. Russell to execute the Lonl! Environmental Assessment Form in accordance therewith, as proposed by L.K. McLean Associates, p.e. on May 21,2007. ~~~'/" Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Louisa P. Evans, Justice AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated May 24, 2007 Page 50 t , MAlUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott Russell, Supervisor Members ofthe Towu Board r From: Jerilyn B. Woodhouse, Chairperson Members of the Planning Board Date: May 22, 2007 (AMENDED) Re: "A Local Law in Relation to a Transfer Station" The Planning Board has supports "A Local Law in Relation to a Transfer Station" with consideration of the following comments and recommendations: Section 280-58, Items 13 and 14; amend the language as follows to allow for further discretionary review: A six foot high blaek ehaie link fence with steekaee attaehee shall be installed and maintained behind said landscapeg-i1re6S buffers. Fence color and materials shall be aDD roved bv the Planninl! Board. A minimum of twenty (20) feet of laResclljlieg landscaDed buffers, including street trees, shall be planted and maintained along street frontages. LandscaDed buffers shall be entirelv located within the subiect Darcel boundaries. Section 233-6, Part D; amend the language as follows: Prior to the issuance of a permit for a transfer station, an application for site plan approval shall be reviewed by the Planning Board of the Town of Southold. The Planning Board_shall aSGllffie leae ageRe)" far the P"'l'eGeG af the gEQR fe'lie'<\" 36e slleh reviay,. process shull Be caffij3lete priar ta the issllaRee ta a permit lIIleer this seetiall. shall review the action under 6NYCRR Dart 617 of the State Environmental Oualitv Review Act and such review process shall be complete prior to the issuance of a permit under this section. Failure to comply with the terms of an approved site plan shall constitute grounds for immediate revocation of this permit. In addition is it recommended that the following language be added as Item L. L. No buildinl! Dermit shall be issued until the Town Board and Planninl! Board issne aDDrovals. The Planning Board recommends approval of the proposed local law with aforementioned revisions. Cc: Patricia Finnegan, Town Attorney Kieran Corcoran, Assistant Town Attorney C:\Documents and Settings\markt.TOWN\Local Settings\Temporary Internet Files\OLKF6\town board 5 22 07 (2).doc ~- . .. PI! COUNTY OF SUFFOLK ~.'~5 /l/T) siC? ~/o7 STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES. AICP DIRECTOR OF PLANNING March 17, 2007 RECEIVi:D Ms. Elizabeth Neville, Town Clerk Town of Southold Planning Bd. 53095 Main Road - P.O. Box 1179 Southold, NY 11971 MAY 2 1 2007 Soc'~"l~ Y. '" C' L ..,\"I ~ .",,,;,in terK Applicant: Town of South old Zoning Action: Amendment to Sections 280-58D "Use Regulations" and 280-60 "Front Yard Setbacks" (Transfer Stations) Public Hearing Date: 5/22/07 S.C.P.D. File No.: SD-07-05 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 Director of Plat1l}l:t)g- -- c:::::2V/; Andrew P. Freleng i\ICP Chief Planner APF:cc G:\CCHORNY\ZONING\ZONINGIWORKING\LD2005\MA Y\BR04-105.APR LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY . MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE, NY ]] 788-0099 . 163]) 853-5]90 TELECOPIER (63]) 853-4044 RECEIV;:O #8370 ""07 C) STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Soui!'<</d TC.ViQ Clerk Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 1yth day of Mav.2007. ~~~ Principal Clerk Sworn to before me this 2007 I 0.1 //;// (ff ~ _ v day or fll ~ () Cjnrs-hulW!w(0C CHR,~"I"'lo\ V011",'SK\ OTA"V _."c' 'c' .r;IA'. 0, ;",W YORI( N ' ,. ,,".'.' ,. tv.. 1, \ -',,';~\t 1 tHI::l~O . ~,. ,,'1'1> (o:rntv QUnl!,ii"l' ." ,"-' ',' . - .,. .. ,Iell' 28. 2008 CommlulOn l!:X~,ilr'rlJl dh,I \. . LEGALS... From page 34A LEGAL NOTICE NOTICEOFPUBUCHE~G NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 24th day of April, 2007, a Local. Law entitled "A Local Law in Relation to a lfansfer Station -'! ,AND NOTICE IS HEREBY FUKI1IER GIVEN that the Town Board of the Town of Southald will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road. SOllthold New York on the 22nd day of M.v. 2007 at 4:4.'; o.m., at which time all interested persons will be given an opportunity to be beard. This proposed "Local Law in Rela- tiOD to a 'Iransfer Station", which reads as follows: Local Law No._of2007 SectiOD L Purpose. In order to promote the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it necessary to- provide for a Transfer Sta. tion use in the wiling code to facilitate the proper and efficient handling and transfer of municipal solid waste (MSW) and construction debris (C&D) mate- rial. The To-wn. Board finds it appropri* ate to limit such use to the LID Zoning District, subject to strict requirements, pursuant to a special permit issued by the Town .Q,oard, and site plan review by the Planning Board. Section L Code Amendment. Chapter 280 of the Code of the Town of Southold is hereby amended as fol- lows: ~ 280-58. Use regulations. In the LIO District, no buiiaing or premises shall be used and no Ibuilding or part of a building shall be erected or altered. which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: D Alhnsfer Station maY be oennit- ted subiect to snecial nennit obt::lined from the Town BO::lrd QUOiU::lnt to Sec- tion 233...6 the Town rnrlp The Transfer St::ltion sh::l11 also be subiect to site nlan annrovalhv the Plannim:! Hoard hased on the followinr criteria and reanire* IlIlOIIlo; (1) The olan shall inclUde the ore- dse location of all buildines- structure..'\. emolovee ::lnd truck. parkinl!"' loadinf unloading and traffic areas. internal cir- culation container storal!"e areas. storal!"e areas for r~clinp and any other infor* mation deemed pertinent to an adeouate review of the oronosal. . (2) A minimum lot area of 120 000 SQuare feet and the rieht to reQuire a yreater lo.area Such requirement shall he hased on the scale of oneration as mea..ured bv the size of the buildinps orooosed for the site- the volume of solid waste h~nnled on a daily hasis. and the reauirements for vehicle narkinl!" and movement or a findinl!" that the opera- tion cannot he adeQJ.lately screened from ::ldioininp property (3) A minimum distAnC'p. of four hun* dted (400) feet from a nrooerty zoned for residential use mea'lIIred from the two closest ooints of Darcel boundarv. or located within six hundred (600) feet of an existinv residential slnlctllre mea- sured from the closest ooint of the resi- dential structure 1.0 the narcel houndarv (4) Submission of a route olan to indi- cate that traffic generated bv the facility will have a minimal imnact on residen* tialstreets.. (5) Provision of adeauate lanes for vehicles enterinl!" the facility (6) All sortinp- halinp- nrocessinp" cru...hinQ and ~-imi1::lT intensive activ- ity a..sociated with the facili(y includinp- the storal!"e of all containers containinp- recvclable and waste material shall be contained inside a comoletelv enclosed buildinl!" with :'In imnervious floor sur- !=. (7) Outdoor use of the pro.pertv shall be restricted 10 the parkin., and mAnp.u_ verinl:!" of vehicles. washiM of vehicles. scales necessarv for the oneration of the transfer station and the storal:!"e of emotv containers. fS) The storafe of said emoty contain- eOi shall he restricted to locations soe- cifically identifipn on the site nlan. This eauinment shall be located and screened in such a manner so as to not be visihle from the street of from adioininp prop- <Ili<s.. (9\ On-street rutrlri.., of _h~l_ I'1'\ntAiftll'lT'll. or aQv other ,.,.,1I1nR1P.nt Dr materials in any wav connected with the facilitv shall be orohihited (10) Where feasihle truck loadin(!" and unloaiiinl:!" area.. shall not face the >=1. (11) A II toxic and hazardoti... materi~ als shall be orohibited (12) The maximum heipht of the facil- itv shall not PYC'Ppd thi1\V five (35) feet (13) A minimum of twenty (20) feet of landscaoinQ includ1nl:!" street trees shall be olanted and. maintained alonp- all street frontae-es (14) A six foot high black chain link fence with stockade. attached shall he installed and maintained hehind said landscaoed areas. (15) Hours of ooeration shall be demonstrated bv the anolicant to be lim- ited to minimize imnact on surroundinl!" pronerties. ~ 28O-()()' Front yard setbacks. C. A project sha1l be divided into sep- arate structures so that no single struc- ture shall have more than 60 linear feet of frontage on one street,excent that this " reauirement shall not apnlv to it transfer ~ The setbacks of multiple struc- tures on a parcel may vary, provided that the average setback of the structures meets the setback required, above and all buildings are at least 75 feet from the right-of-way. Section 3. Code Amendment. Chapter 233 Solid Waste of the Code of the Town of Southold is hereby amended as follows: ~ 233-1. Definitions. Words and terms used in this article shall have the following meanings: TRANSFER STATION...J!lli'!i -- The disposal area owned and operated by the Town of Southold located north of County Route 48 at Cutchogue, New York. TRANSFER STATION PRIVATE - Anv combination of structures. ma- chinerv and f::lcilities used for off_load_ inl!" solid W::lste from collection vehicles. the recoverv of recvclahles from said solid waste and/or the reloadinl!" of non- rec,yclahle solid waste into vehicles for ~ S 233...6 'Transfer Station Snecial Per- miL A A oeonit anolicatiot. shall be made on the form nrescribed bv the Town Clerk and accompanied hv a fee of $15000. A nermit issued OUOiU::lnt to this section is not transferable and shall run for the same duration as a Dermit for the same transfer station issued hy the New York State Deoartment of Environmen- tal Conservation. B. No nennit shall he r-ranted unless the aoolicant can nroduce a valid trans- fer station operating oermit issued bv the New York State Deoartment of Environ_ mental C..on...ervation for the nrooosed site and further demonstrate that the orooosed tr::lnsfer station is -con...istent with the Town's Solid Waste Manape- :%~::~~:~:' i~w~e C'::::' time to time to ensure that theooeration is consistent with the Town of Southold Solid Waste Management Plan C The grant of a nennit shall hind the anolicant to orovide the Town of South- old with the following infonnation on an annual hAAis. (1) Bross tons of mixed solid waste and recvclables received (2) Gross tons of recyclahles removed from solid wa...te delivered. (3) Net tons of nonrecvclable solid waste reloaded onto verur.lp.s for dis~ Jl2<lll, (4) Aggrel!"'ate tonnal!"e of all mixed solid waste and recvclables delivered to the facility and the oriR"in bv Town of such tonnal!"e. D. Prior to the issuance of a nennit for a transfer station an aoolication for site olan aonroval shall he reviewed bv the pllmnilll!" Hoard of the Town of Southold. The Planninp Board shall assume Lead A~ency for the numoses of the SEORA review and such review orocess shall be comnlete orior to the issuance of a oer. mit under this section. Failure to complv with the term.. of an annroved site nlan shall constitute Ql'ounds for immediate revocation of this nennit. E. No nermit sha.1I is...ue until the ao- nlicant has submitted a route olan ac* ceptable to the Town Hoard desimed to indicate that traffic l!"enerated bv the facilitv will have a minimal imnact on residential streets. F The "'rant and acceotance of this nermit shall constitute consent to allow inspection of the oremises bv the Town of Southold for the nurnose of ensurinQ comoliance with the oennit. Insoection shall be uoOn rea..onable orior notice to the oermit holder G. All trucks enterin~ the facility con- taining materials for transfer must be =<l!. H An emergency resDonse olan ac- ceotable to the Town Board shall be submitted which mav he referred to lo- cal emerQency resnondeOi for comment and inout I No permit shall is...ue until the ToWn Board has held a Duhlic hearinf"on the aonlication with at least ten days notice nrovided to the ouhlic. 1 The Town Rcmrd may awrove ap~ move with r.nnnitions. or denv an an- nlication for a. transfer statioh riermit. The Town Board mav imOORe such con- ditions or safemards on theis..'lIIance of the transfer station permit to ensure that the orooosed ooeration shall not have an adverse effect on the environment. the character of the area or the general welfare of the Town K Nothing in this section shall p.yp.lTlnt an annlicant or facili~i'rom compliance with 7nninp or other recmiremp.nts of the Town ('.ode ~ 233~.1 Penalties for offenses ~ 233,qa. Revocation of permit and/or license. Section 4. SeverabiHty. If an section or subsection, paragraph, clause, phrase or provision of this law shall be judge invalid or held unconsti- tutional by any 'court of competent ju* risdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part tbereofother than the part or provision so adjudged to be invalid or unconstitutional. Section S. Et'tective Date. This Local Law shall take effect im- mediately upon filing with the Secretary of State. Dated: April 24, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD . Elizabeth Neville Town Clerk 8370-IT 5/17 Llt!\\!\ . . L. K. McLean Associates, P. C. jj -c-Ht /JeA) 1- { ( L- 437 South Country Road. Brookhaven. New York. 11719 CONSULTING ENGINEERS (631)286-8668. FAX (631)286-6314 Associates EUGENE F. DALY, P.E., PTO,E.™, PRESIDENT and CEO RAYMOND G. DiBIASE, PE, PTO.E™, EXECUTIVE VICE PRESIDENT JOSEPH F. CLINE, P.E., VICE PRESIDENT ROY R FULKERSON, P.LS., VICE PRESIDENT ALBERT T. DAWSON, P.E., VICE PRESIDENT CHRISTOPHER F, DWYER JAMES L DeKONING, P.E. ROBERT A. STEELE. P.E Mrs. Patricia Finnegan Esq., Town Attorney Town of South old 53095 Route 25 P.O. Box 1179 Southold, N.Y. 11971-0959 May 21,2007 RE: SEQR for New Local Law to Town Code - "A Local Law in relation to A Transfer Station" - Chapter 233 (New), Chapter 280-58 (New) and Chapter 280-60 (Amend) LKMA Project No. 04010.011 Dear Mrs. Finnegan: As requested by the Town of Southold, our office has reviewed the proposed action to be taken by the Town of Southold as presented to the Southold Town Board on April 24, 2007. The new local law to the Town Code is classified as a SEQRA Type I Project (zoning change in excess of 25 acres) in accordance with Title 6 of the New York Code of Rules and Regulations. As such, the action requires a determination of significance by the Town (Lead Agency) and a SEQR review (see attached LEAF). The new local law to Town Code, as defined in the attached resolution, is intended to establish clear standards to promote and protect (to the greatest extent practicable) the public health, safety and general welfare by finding it necessary to provide for a Transfer Station use in the zoning code to facilitate the proper and efficient handling and transfer of municipal solid waste (MSW) and construction and demolition debris (C&D) material. The Town Board finds it appropriate to limit such use to the LIO Zoning District and site plan review by the Planning Board. Based upon the two (2) LIO districts located within the Town and the recommendations of the Planning Department staff, the Town's LIO zoned properties have the capacity to manage (1) industrial uses, (2) large scale structures (required for waste handling & transfer operatrions), (3) are not situated within the Town's Special Groundwater Protection Area and lastly have the Town's MSW Facility situated adjacent to the largest LIO zoned parcel in the Township. Our office feels that the adoption of this inclusion into the current zoning ordinance and subsequent special use permit process proposed by the Township will minimize (to the greatest extent practicable) a transfer station project from creating adverse impacts to the environment. Based upon the proposed inclusion of a Transfer Station use, there are certain conditions (such as noise, odor, traffic and aesthetic) that are associated with a waste handling and transfer operation. Although the Town would consider the proposed "transfer station" use through a special permit process, any and all potential impacts to the environmental shall be evaluated and mitigated on a site/project specific basis. Please refer to the attached Long Environmental Assessment Form and verify the answers provided in Part II and complete Part III as Lead Agency. Based upon the proposed legislation to include the potential transfer station use on LIO zoned property through a special permit process, our office recommends a review of the attached forms and then for the Town to determine significance of the proposed action on the environment. Again, the inclusion of this . Founded in ]950. J LI[!\\j\ L. K. Mcltan Associates, P. C. . new usc into an existing zoning classification (determined by the Town) does not in any way mitigate or address the potential adverse impacts to the environment. Therefore, the environmental assessment conducted by our office is qualified only by a future site specific review. Once a specific project (action) is offered by a sponsor, the Town and all involved agencies will have an opportunity to identify all potential impacts to the environment relative to an actual site/project area and conditions associated with the proposed Transfer Station operation. If you should have any questions regarding the content of this evaluation by our office please do not hesitate to contact this office directly. Very Truly Yours ~,c:~ CFD:cfd Ene.: (3) LEAF, Draft Resolution & Memorandum CC: Town Board w/enc. LKMA File Copy w/enc. Christopher F. Dwyer, Associate LX. McLean Associates PC . . 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, wllether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: [2] Part 1 12] Part 2 0 Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: o A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. DB. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared. * Dc. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions " A Local Law Relative to a Transfer Station" Name of Action TOWN OF SOUTHOLD - TOWN BOARD SCOTT A. RUSSELL Name of Lead Agency TOWN SUPERVISOR Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Preparer (If different from responsible officer) Signature of Responsible Officer in Lead Agency website MAY 15,2007 Date Page 1 of 21 . PART 1--PROJECT INFORMATION Prepared by Project Sponsor . NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action A LOCAL LA W RELATIVE TO A TRANSFER ST A nON Location of Action (include Street Address, Municipality and County) LIGHT INDUSTRIAL OFFICE ZONED PROPERTY TOWNWIDE IN SOUTHOLD TOWNSHIP (SEE MEMORANDUM FROM PLANNING STAFF ATTACHED) Name of Applicant/Sponsor TOWN OF SOUTHOLD Address 53095 Route 25 P.O. Box 1179 City I PO Southold, State New York Zip Code 11971 Business Telephone 631-765-1800 Name of Owner (if different) SAME Address City I PO State Zip Code Business Telephone Description of Action: In order to promote the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it necessary to provide for a Transfer Station use in the zoning code to facilitate the proper and efficient handling and transfer of municipal solid waste (MSW) and construction debris (C&D) material. The Town Board finds it appropriate to limit such use to the LIO Zoning District, subject to strict requirements, pursuant to a special permit issued by the Town Board, and site plan review by the Planning Board. The Town of Southold has proposed the inclusion of section "D" (Transfer Station use in LlO through a special permit) of Section 280-58 of the Town Code, a modification to the language in Section 280-60 (front yard frontage and setback requirement) and an amendment to the Town's Solid Waste Code in Section 233 (inclusion of new subsection 233-6). While the proposed action is specific to the proposed special use (the operation of a MSW/C&D Transfer Station), the action itself is whether to include the specific use pursuant to a special use permit by the Town. All site specific conditions for each project shall be subject to the approval of all involved agencies including the Town of Southold, Suffolk County and New York State Department of Environmental Conservation (specifically 6 NYCRR Part 360-11 requirements). Page 2 of 21 . Please Complete Each Question--Indicate N.A. if not applicable . A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: DUrban D Forest [2] Industrial D Commercial DAgriculture DOther D Residential (suburban) D Rural (non-farm) 106 acres of Light Industrial office zoned property 2. Total acreage of project area: N.A. acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION N.A. acres N.A. acres N.A. acres N.A. acres N.A. acres N.A. acres NA acres N.A. acres N.A. acres N.A. acres N.A. acres N.A. acres N.A. acres NA acres N.A. acres N.A. acres Meadow or Brushland (Non.agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24,25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) 3. What is predominant soil type(s) on project site? a. Soil drainage: DWell drained _% of site o Poorly drained _ % of site CANNOT BE DETERMINED BASED UPON THE PROPOSED ACTION D Moderately well drained _ % of site. b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? N .A. acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? 0 Yes D No CANNOT BE DETERMINED BASED UPON PROPOSED ACTION a. What is depth to bedrock N.A. (in feet) 5. Approximate percentage of proposed project site with slopes: 00-10% N.A% 010-15% N.A% o 15% or greater N.A.% CANNOT BE DETERMINED BASED UPON PROPOSED ACTION 6. Is project sUbstantia~. contiguous to, or contain a building, site, or district. listed on the State or National Registers of Historic Places? LJ Yes 0 No CANNOT BE DETERMINED BASED UPON PROPOSED ACTION DYes DNo Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? CANNOT BE DETERMINED BASED UPON PROPOSED ACTION 8. What is the depth of the water table? (In feet) CANNOT BE DETERMINED BASED UPON 7. PROPOSED ACTION 9. Is site located over a primary, principal, or sole source aquifer? DYes CANNOT BE DETERMINED BASED UPON PROPOSED ACTION 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? CANNOT BE DETERMINED BASED UPON PROPOSED ACTION ONO DYes ONO Page 3 of 21 . . DYes DNo 11. 0085 project site contain any species of plant or animal life that is identified as threatened or endangered? CANNOT BE DETERMINED BASED UPON PROPOSED ACTION rcCOrding to: Identify each species: 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? DYes DNo CANNOT BE DETERMINED BASED UPON PROPOSED ACTION Describe: I 1 3. Is the project site presently used by the community or neighborhood as an open space or recreation area? D D CANNOT BE DETERMINED BASED UPON PROPOSED ACTION Yes No i '5 .,.,," 1 4. Does the present site include scenic views known to be important to the community? DYes DNO CANNOT BE DETERMINED BASED UPON PROPOSED ACTION 15. Streams within or contiguous to project area: CANNOT BE DETERMINED BASED UPON PROPOSED ACTION a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: CANNOT BE DETERMINED BASED UPON PROPOSED ACTION b. Size (in acres): I Page 4 of 21 . . 17. Is the site served by existing public utilities? DYes DNo CANNOT BE DETERMINED BASED UPON PROPOSED ACTION a. If YES, does sufficient capacity exist to allow connection? DYes DNo DYes DNO b. If YES, will improvements be necessary to allow connection? 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? DYes D No CAl'JNOT BE DETERMINED BASED UPON PROPOSED ACTION 19. Is the site located in or substantial~ontiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 DYes U No CANNOT BE DETERMINED BASED UPON PROPOSED ACTION 20. Has the site ever been used for the disposal of solid or hazardous wastes? CANNOT BE DETERMINED BASED UPON PROPOSED ACTION B. Project Description DYes DNO 1. Physical dimensions and scale of project (fill in dimensions as approgriate). CANN T BE a. Total contiguous acreage owned or controlled by project sponsor: DETERMINED BASED UPON PROPOSED ACTION N.A. acres. b. Project acreage to be developed: N.A. acres initially; N.A. acres ultimately. c. Project acreage to remain undeveloped: N.A, acres. d. Length of project, in miles: N.A. (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. N.A % f. Number of off-street parking spaces existing N.A.; proposed N.A. g. Maximum vehicular trips generated per hour: N.A. (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure: N.A. height; CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. j. Linear feet of frontaqe alonq a public thorouqhfare project will occupy is? CANNO~ BE OETgRMINED BASED UPO~ PROPOSED ~tTIv~ 2, How much natural material (i.e. rock, earth, etc.) will be removed from the site? N.A. width; N_A. length. N.A. ft. N.A. tons/cubic yards. 3 Will disturbed areas be reclaimed DYes DNo [!]N/A a. If yes, for what intended purpose is the site being reclaimed? Will upper subsoil be stockpiled for reclamation? DYes D No CANNOT DYes D No BE DETERMINED YET b. Will topsoil be stockpiled for reclamation? c. CANNOT BE DETERMINED YET CANNOT BE DETERMINED YET acres. 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? Page 5 of 21 . . 5. Will any mature forest (over 100 years old) or oUler locallY-Important vegetation OP removed by this project? D.. . 0 CANNOT BE DETERMINED YET . Yes . No 6. If single phase project: Anticipated period of construction: N.A months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated ~ (number) b. Anticipated date of commencement phase 1: month _ year, (including demolition) c. Approximate completion date of final phase: month _ year. d. Is phase 1 functionally dependent on subsequent phases? 0 Yes 0 No 8. Will blasting occur during construction? 0 Yes 0 No CANNOT BE DETERMINED YET 9. Number of jobs generated: during construction N .A. ; after project is complete CAl'fNOT BE DETERMINED YET 10. Number of jobs eliminated by this project N.A. CANNOT BE DETERMINED YET 11. Will project require relocation of any projects or facilities? 0 Yes 0 No CANNOT BE DETERMINED YET If yes, explain: 12. Is surface liquid waste disposal involved? 0 Yes 0 No CANNOT BE DETERMINED YET a. If yes, indicate type of waste (sewage, industrial. etc) and amount b. Name of water body into which effiuent will be discharged 13. Is subsurface liquid waste disposal involved? 0 Yes 0 No Type CANNOT BE DETERMINED YET 0 14. Will surface area of an existing water body increase or decrease by proposal? o Yes ONO CANNOT BE DETERMINED YET If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? 0 Yes ONo CANNOT BE DETERMINED YET 16. Will the project generate solid waste? 0 Yes D No MORT LTKRT.Y. BITT rANNOT BF. DR'fF.RMTNRD BY PROPOSED a. If yes, what is the amount per month? tons b. If yes, will an existing solid waste facility be used? 0 Yes 0 No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? DYes CANNOT BE DETERMINED YET DNo Page 6 of 21 . . e. If yes. explain 17. Will the project involve the disposal of solid waste? DYes DNa MOST LIKELY, BUT CANNOT BE DETERMINED BY PROPOSED ACTION a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes. what is the anticipated site life? years. 18. Will project use herbicides or pesticides? DYes 0 No CANNOT BE DETERMINED YET 19. Will project routinely produce odors (more than one hour per day)? DYes DNa MOST LIKELY, BUT CANNOT BE DETERMINED BY PROPOSED ACTION 20. Will project produce operating noise exceeding the local ambient noise levels? DYes DNa CANNOT BE DETERMINED YET 21. Will project result in an increase in energy use? 0 Yes 0 No CANNOT BE DETERMINED YET If yes, indicate type(s) . 22. If water supply is from wells, indicate pumping capacity gallons/minute. CANNOT BE DETERMINED YET 23. Total anticipated water usage per day gallons/day. CANNOT BE DETERMINED YET 24. Does project involve Local, State or Federal funding? 0 Yes 0 No CANNOT BE DETERMINED YET If yes, explain: Page 7 of 21 25. Approvals Required: City, Town, Village Board . DYes City, Town, Village Planning Board 0 Yes City, Town Zoning Board City, County Health Department Other Local Agencies Other Regional Agencies State Agencies Federal Agencies [!]ves [!]V8S DYes DYes [!]Yes DYes . Type DNa DNa SPECIAL USE PERMIT D SITE PLAN APPROVAL DNa DNa SCDHS DNa DNa DNa NYSDEC - 6NYCRR 360 SUBPART 11 PERMIT DNa C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? 0ves 0 No if Yes, indicate decision required: [!] Zoning amendment o Site plan o Zoning variance o Special use permit o New/revision of master pian OResource management plan Page 8 of 21 Submittal Date o Subdivision o Other . . 2, Wtlilt is the zonin~J classification(s) of the site? LIGHT INDUSTRIAL OFFICE PROPERTY LOCATED WITHIN THE TOWN. 3. What is the maximum potential development of the site if developed as permitted by the present zoning? I~^NNO'" O>Th"M,"'D m 4. What is the proposed zoning of the site? LIGHT INDUSTRIAL OFFICE PARCELS LOCATED WITHIN THE TOWNSHIP 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? I '^NNm" O>rnRM'~MEO L Ij Ule proposed action consistent with the recommended uses in adopted local land use plans? Elves DNo BASED UPON THE TWO (2) SPECIFIC LIO PARCELS (DISTRICTS) SITUATED IN THE TOWN THEY CAN FACILITATE LARGE STRUCTURES AND INDUSTRIAL USES. 7. What are the predominant land use(s) and zoning classifications within a Y4 mile radius of proposed action? CANNOT BE DETERMINED YET BY PROPOSED ACTION. 8. Is the proposed action compatible with adjoining/surrounding land uses with a 14 mile? CANNOT BE DETERMINED YET 9. If the proposed action is the subdivision of land, how many lots are proposed? N.A. a. What is the minimum lot size proposed? N.A, DYes DNO Page 9 of 21 . . 10. Will proposed action require any authorization(s) for ttle formation of sewer or water districts? 0 Yes 0 No 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? DYes DNo CANNOT BE DETERMINED YET a. If yes, is existing capacity sufficient to handle projected demand? DYes DNo 1 2. Will the proposed action result in the generation of traffic significantly above present levels? CANNOT BE DETERMINED YET a. If yes, is the existing road network adequate to handle the additional traffic. DYes I CANNOT BE DETERMINED YET D. Informational Details DYesDNo DNa Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name CHRISTOPHER F. DWYER, LKMA Date MAY 15,2007 Signature &..~~ ~ Jt~ Title ASSOCIATE, L.K. MCLEAN ASSOCIATES PC If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 . . PART 2 - PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. The number of examples per question does not indicate the importance of each question. In identifying impacts, consider long term, short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Ves if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Ves to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 Small to Moderate Impact 2 Potential Large Impact Impact on Land 1. Will the Proposed Action result in a physical change to the project site? NoD VES 0 CANNOT BE DETERMINED YET BY PROPOSED ACTION. Examples that would apply to column 2 Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. CANNOT BE DETERMINED o o YET Construction on land where the depth to the water table is less than 3 feet. CANNOT BE DETERMINED YET o o Construction of paved parking area for 1,000 or more vehicles. CANNOT BE DETERMINED YET o o Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. o o CANNOT BE DETERMINED YET Construction that will continue for more than 1 year or involve more than one phase or stage. o o CANNOT BE DETERMINED YET Excavation for mining purposes that would remove 0 more than 1,000 tons of natural material (I.e., rock or soil) per year. CANNOT BE DETERMINED YET o Page 11 of 21 3 Can Impact Be Mitigated by Project Change o Ves ONO o Ves DNa o Ves DNo o Ves ONO o Ves DNo o Ves DNo . . 1 Small to Moderate Impact 2 Potential large Impact Construction or expansion of a santary landfill. D CANNOT BE DETERMINED YET Construction in a designated floadway. D CANNOT BE DETERMINED YET Other impacts: D o o o 3 Can Impact Be Mitigated by Project Change DYes ONO DYes DNo DYes DNo 2. Will there be an effect to any unique or unusual land forms found on the site? (Le., cliffs, dunes, geological formations, etc.) DNO DYES CANNOT BE DETERMINED YET Specific land forms: I o o DYes DNo Impact on Water 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation law, ECl) D NO 0 YES CANNOT BE DETERMINED YET Examples that would apply to column 2 Developable area of site contains a protected water body. 0 CANNOT BE DETERMINED YET Dredging more than 100 cubic yards of material from channel of 0 a protected stream. MOST LIKELY NO, BUT CANNOT BE DETERMINED BASED Extension of utility distribution facilities through a protected water 0 0 0 Yes 0 No body. MOST LIKELY NO, BUT CANNOT BE DETERMINED BASED UPON PROPOSED ACTION D DYes DNo 0 DYes DNo UPON PROPOSED ACTION Construction in a designated freshwater or tidal wetland. MOST LIKELY NO, BUT CANNOT BE DETERMINED BASED UPON Other impacts: I PROPOSEDqTION D o D DYes DYes ONo DNo 4. Will Proposed Action affect any non-protected existing or new body of water? DNO DYES MOST LIKELY NO, BUT CANNOT BE DETERMINED BASED UPON PROPOSED ACTION Examples that would apply to column 2 A 10% increase or decrease in the suriace area of any body of D D water or more than a 10 acre increase or decrease. MOST LIKELY NO, BUT CANNOT BE DETERMINED BASED UPON PROPOSED ACTION Construction of a body of water that exceeds 10 acres of surface 0 0 area. MOST LIKELY NO, BUT CANNOT BE DETERMINED BASED UPON PROPOSED ACTION Other impacts: o o DYes DNa DYes ONo DYes DNo Page 12 of 21 . . 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated by Project Change 5. Will Proposed Action affect surface or groundwater quality or quantity? CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. ONCE AN APPLICATION FOR DNO DYES A SPECIAL USE PERMIT IS SUBMITTED THE POTENTIAL EFFECT ON GROUNDWATER CAN BE CONSIDERED. Examples that would apply to column 2 Proposed Action will require a discharge permit. CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. Construction or operation causing any contamination of a water supply system. CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. Proposed Action will adversely affect groundwater. CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. o o o D o o o o o o o o DYes DNo DYes DNo DYes DNo DYes DNo DYes DNo DYes DNo DYes DNo DYes DNo Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. MOST LIKELY NO, BUT CANNOT BE DETERMINED BASED UPON Proposed Action would use water in excess of 20,000 gallons per day. MOST LIKELY NO, BUT CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. Proposed Action will likely cause siltation or other discharge into 0 0 an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. PROPOSED o ACTION. o Proposed Action will require the storage of petroleum or 0 chemical products greater than 1,100 gallons. CANNOT BE DETERMINED BASED UPON PROP~. ACTION. Proposed Action will allow residential uses in areas without L.J water and/or sewer services. CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. Proposed Action locates commercial and/or industrial uses 0 which may require new or expansion of existing waste treatment and/or storage facilities. CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. Other impacts: D o o o o DYes DNo DYes DNo DYes DNa DYes 0 No Page 13 of 21 . 6. Will Proposed Action alter drainage flow or patterns, or surface water runoff? DNa DYES 1 Small to Moderate Impact . 2 Potential Large Impact 3 Can Impact Be Mitigated by Project Change CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. Examples that would apply to column 2 Proposed Action would change flood water flows CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. Proposed Action may cause substantial erosion. CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. Proposed Action is incompatible with existing drainage patterns. CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. Proposed Action will allow development in a designated floadway. CANNOT BE DETERMINED BASED UPON PROPOSED Other impacts: I 0 0 DYes DNO 0 0 DYes DNo 0 0 DYes DNa 0 0 DYes DNo ACTION. 0 0 DYes DNo IMPACT ON AIR 7. Will Proposed Action affect air quality? DNa 0 YES CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. Examples that would apply to column 2 Proposed Action will induce 1,000 or more vehicle trips in any given hour. Proposed Action will result in the incineration of more than 1 ton of refuse per hour. Emission rate of total contaminants will exceed 5 Ibs. per hour or a heat source producing more than 10 million BTU's per hour. Proposed Action will allow an increase in the amount of land committed to industrial use. Proposed Action will allow an increase in the density of industrial development within existing industrial areas. Other impacts: 0 0 DYes DNa 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNa 0 0 DYes DNo 0 0 DYes DNo IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? DNO DYES CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. Examples that would apply to column 2 Reduction of one or more species listed on the New York or Federal list, using the site, over or near the site, or found on the site. Page 14 of 21 o o DYes DNo 9. Will Proposed Action substantially affect non-threatened or non- endangered species? D NO D YES CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. Examples that would apply to column 2 Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? D NO D YES CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. Examples that would apply to column 2 The Proposed Action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) . Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. Other impacts: I Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. Other impacts: I Construction activity would excavate or compact the soil profile of agricultural land. The Proposed Action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. Page 15 of 21 . 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change D D DYes DNa D D DYes DNa 0 D DYes DNa D D DYes DNa D D DYes DNa D D DYes DNa D D DYes DNa D D DYes DNa D D DYes DNa . . 1 Small to Moderate Impact 2 Potential Large Impact The Proposed Action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff). D D 3 Can Impact Be Mitigated by Project Change DYes DNo Other impacts: I o o DYes DNo IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources? (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) DNO DYES CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. Examples that would apply to column 2 0 0 DYes DNo Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. Proposed land uses, or project components visible to users of 0 0 DYes DNo aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or 0 0 DYes DNo significant screening of scenic views known to be important to the area. Other impacts: 0 0 DYes DNo I I IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? DNO DYES CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. Examples that would apply to column 2 Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeological site or fossil bed located within the project site. D D DYes DNo D D DYes DNa D D DYes DNa Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. Page 16 of 21 . . 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated by Project Change Other impacts: o o DYes D No IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? o NO DYES MOST LIKELY NO, BASED UPON THE PROPOSED ZONING, BUT BASED UPON THE PROPOSED ACTION BEING OFFERED Examples that would apply to column 2 The permanent foreclosure of a future recreational opportunity. CANNOT BE DETERMINED A major reduction of an open space important to the community. D D D D DYes DNo D DYes DNo D DYes DNa Other impacts: I IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuantto subdivision 6NYCRR 617.14(g)7 CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. DNa DYES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 0 D DYes DNo Proposed Action to locate within the CEA? Proposed Action will result in a reduction in the quantity of the D D DYes DNo resource? Proposed Action will result in a reduction in the quality of the D 0 DYes DNo resource? Proposed Action will impact the use, function or enjoyment of the D 0 DYes DNo resource? Other impacts: 0 0 DYes DNo Page 17 of 21 UPON PROPOSED ACTION. 0 0 DYes DNa 0 0 DYes DNa 0 0 DYes DNa . . 1 Small to Moderate Impact 2 Potential Large Impact IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? D NO D YES CANNOT BE DETERMINED BASED Examples that would apply to column 2 Alteration of present patterns of movement of people and/or goods. Proposed Action will result in major traffic problems. Other impacts: I IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or orgy supply? ONO DYES CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. Examples that would apply to column 2 Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. o o Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. o o Other impacts: I o D 3 Can Impact Be Mitigated by Project Change DYes DNa DYes DNa DYes DNa NOISE AND ODOR IMPACT CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. HOWEVER, DUE TO THE NATURE [:JYES OF THE PROPOSED SPECIAL USE (TRANSFER STATIONS), THE POTENTIAL FOR ODORS, NOISE AND VIBRATION DOES EXIST AND WILL NEED TO BE ADDRESSED IN SITE SPECIFIC APPROVALS Examples that would apply to column 2 Blasting within 1,500 feet of a hospital, school or other sensitive facility. 0 0 DYes DNa D 0 DYes DNa D D DYes DNa D 0 DYes DNa 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? DNa o o Odors will occur routinely (more than one hour per day). Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Proposed Action will remove natural barriers that would act as a noise screen. rher impacts: DYes DNa Page 18 of 21 . . 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? ONO OVES CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. Proposed Action may cause a risk of explosion or release of 0 0 Oves DNa hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. Proposed Action may result in the burial of "hazardous wastes" 0 0 Oves DNa in any form (i.e. toxic, poisonous, highly reactive, radioactive, Irritating, infectious, etc.) Storage facilities for one million or more gallons of liquefied 0 0 OVes DNa natural gas or other flammable liquids. Proposed Action may result in the excavation or other 0 0 OVes DNa disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. Other impacts: 0 0 OVes DNa I IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? ONO OVES CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. Examples that would apply to column 2 0 0 OVes DNa The permanent population of the city, town or village in which the project is located is iikely to grow by more than 5%. The municipal budget for capital expenditures or operating 0 0 OVes DNa services will increase by more than 5% per year as a result of this project. Proposed Action will conflict with officially adopted plans or 0 0 OVes DNa goals. Proposed Action will cause a change in the density of land use. 0 0 OVes DNa Proposed Action will replace or eliminate existing facilities, 0 0 OVes DNa structures or areas of historic importance to the community. Development wili create a demand for additionai community 0 0 OVes DNa services (e.g. schools, police and fire, etc.) Page 19 of 21 . . 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change D 0 DYes DNa D 0 DYes DNa D 0 DYes DNa Proposed Action will set an important precedent for future projects. Proposed Action will create or eliminate employment. Other impacts: I 20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts? o NO DYES CANNOT BE DETERMINED BASED UPON PROPOSED ACTION. If Any Action in Part 2 Is Identified as a Potential Large Impact or If you Cannot Determine the Magnitude of Impact, Proceed to Part 3 Page 20 of 21 , MAY-22-€007 08: 53 FROM: . TO:V639 P.2/2 Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part J must be prepared if one or more impact(s) is considered 10 be potentially large, even if the impact(s) may be mitigated. Instructions (If you need more space, attach additional sheels) Discuss .the following for each Impact identified in Column 2 of Part 2: 1 . Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s), 3. Based on the information avallabie, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: ! The probability 01 the impact occurring ! The duration of the impact ! Its irreversibility, including permanently lost resources of value ! Whether the impact can or will be controlled I The regional consequence of the impact I Its potential divergence from locai needs and goals f Whether known objections to the project relate to this impact BASED UPON THIS SPECTRC LEGISLATIVE ACTION PROPOSED BY 1"I-IE TOWN, THERE WERE NO IMPACTS THAT COULD BE IDENTIFIED IN PART II 01'THI5 REVIEW. THUS, DJ:!TERMINING THE MAGNrrUDE OR 'n'W IMPORTANCE OF ANY IMPACT COULD NOT BE MADE ON THIS AenON. WHEN A SPEClFlC PROJECT 15 ADVANCED IN THE FUTURE, AN ENVllWNMENTAL REVIEW WILL BE PERFORMED TO RV ALUA'l'JJ ANY POTENl'lAL IMP ACTS TO THE ENYIRONMEN'r. Page 21 of 21 ~ ~ . . . . WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 24th day of April, 2007, a Loeal Law entitled "A Local Law in Relation to a Transfer Station ", now, therefore, be it RESOL VED that the Town Board of the Town of Southold will hold a publie hearing on the aforesaid Loeal Law at the Southold Town Hall, 53095 Main Road, Southold New York on the 22nd day of May, 2007 at 4:45 p.m., at which time all interested persons will be given an opportunity to be heard. This proposed "Local Law in Relation to a Transfer Station", which reads as follows: Local Law No. of 2007 Section 1. Purpose. In order to promote the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it necessary to provide for a Transfer Station use in the zoning code to facilitate the proper and efficient handling and transfer of municipal solid waste (MSW) and construction debris (C&D) material. The Town Board finds it appropriate to limit such use to the LlO Zoning District, subject to strict requirements, pursuant to a special permit issued by the Town Board, and site plan review by the Planning Board. Section 2. Code Amendment. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: ~ 280-58. Use regulations. In the LlO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: D. A Transfer Station mav be permitted, subiect to special permit obtained from the Town Board pursuant to Section 233-6 the Town Code. The Transfer Station shall also be subiect to site plan approval bv the Planning Board based on the following criteria and requirements: (I) The plan shall include the precise location of all buildings, structures, employee and truck parking, loading. unloading, and traffic areas, internal circulation, container storage areas, storage areas for recycling, and any other information deemed pertinent to an adequate review of the proposal. (2) A minimum lot area of 120,000 square feet and the right to require a greater lot area. Such requirement shall be based on the scale of operation as measured by the size of the buildings proposed for the site, the volume of solid waste handled on a daily basis. and the requirements for vehicle parking and movement. or a finding that the operation cannot be adequately screened from adioining property. , . . . (3) A minimum distance of four hundred (400) feet from a property zoned for residential use measured from the two closest points of parcel boundary, or located within six hundred (600) feet of an existing residential structure measured from the closest point of the residential structure to the parcel boundary. (4) Submission of a route plan to indicate that traffic generated by the facility will have a minimal impact on residential streets. (5) Provision of adequate lanes for vehicles enterinl,! the facility. (6) All sorting, baling, processing, crushing, and similar intensive activity associated with the facility, includinl,! the storage of all containers containing recyclable and waste material shall be contained inside a completely enclosed building with an impervious floor surface. (7) Outdoor use of the property shall be restricted to the parking and maneuvering of vehicles, washing of vehicles, scales necessary for the operation of the transfer station, and the storage of empty containers. (8) The storage of said empty coutainers shall be restricted to locations specifically identified on the site plan. This equipment shall be located and screened in such a manner so as to not be visible from the street of from adioining properties. (9) On-street parking of vehicles. containers. or any other equipment or materials in any way connected with the facility shall be prohibited. (10) Where feasible. truck loading and unloading areas shall not face the street. (II) All toxic and hazardous materials shall be prohibited. (12) The maximum height of the facility shall not exceed thirty five (35) feet. (13) A minimum of twenty (20) feet oflandscaping. including street trees shall be planted and maintained along all street frontages. (14) A six foot high black chain link fence with stockade attached shall be installed and maintained behind said landscaped areas. (15) Hours of operation shall be demonstrated by the applicant to be limited to minimize impact on surrounding properties. S 280-60. Front yard setbacks. C. A project shall be divided into separate structures so that no single structure shall have more than 60 linear feet of frontage on one street, except that this requirement shall not apply to a transfer station. The setbacks of multiple structures on a parcel may vary, provided that the average setback of the structures meets the setback required above and all buildings are at least 75 feet from the right-of-way. Section 3. Code Amendment. Chapter 233 Solid Waste of the Code of the Town of Southold is hereby amended as follows: S 233-1. Definitions. Words and terms used in this article shall have the following meanings: . . . . TRANSFER STATION, TOWN -- The disposal area owned and operated by the Town of Southold located north of County Route 48 at Cutchogue, New York. TRANSFER STATION, PRIVATE -- Any combination of structures, machinery and facilities used for off-loading solid waste from collection vehicles, the recovery of recyclables from said solid waste, and/or the reloading of nonrecyclable solid waste into vehicles for disposal. * 233-6 Transfer Station Special Permit. A. A permit application shall be made on the form prescribed by the Town Clerk and accompanied by a fee of $250,00, A permit issued pursuant to this section is not transferable and shall run for the same duration as a permit for the same transfer station issued by the New York State Department of Environmental Conservation, B, No permit shall be granted unless the applicant can produce a valid transfer station operating permit issued by the New York State Department of Environmental Conservation for the proposed site and further demonstrate that the proposed transfer station is consistent with the Town's Solid Waste Manag.ement Plan, The terms of the pennit may be reviewed by the Town Board from time to time to ensure that the operation is consistent with the Town of Southold Solid Waste Management Plan. e The grant of a permit shall bind the applicant to provide the Town of Southold with the following information on an annual basis: (I) Gross tons of mixed solid waste and recyclables received. (2) Gross tons of recyclables removed from solid waste delivered. (3) Net tons of nonrecyclable solid waste reloaded onto vehicles for disposal. (4) Aggreg.ate tonnage of all mixed solid waste and recyclables delivered to the facility, and the origin, by Town, of such tonnage. D, Prior to the issuance of a permit for a transfer station, an application for site plan approval shall be reviewed by the Planning Board of the Town of Southold. The Planning Board shall assume Lead Agency for the purposes of the SEORA review and such review process shall be complete prior to the issuance of a permit under this section. Failure to comply with the terms of an approved site plan shall constitute grounds for immediate revocation of this permit. E No permit shall issue until the applicant has submitted a route plan acceptable to the Town Board designed to indicate that traffic generated by the facility will have a minimal impact on residential streets. F. The grant and acceptance of this permit shall constitute consent to allow inspection of the premises by the Town of Southold for the purpose of ensuring. compliance with the permit. Inspection shall be upon reasonable prior notice to the permit holder. G, All trucks entering the facility containing. materials for transfer must be covered. H. An emerg.ency response plan acceptable to the Town Board shall be submitted, which may be referred to local emergency responders for comment and input. . . . . . . 1. No pcrmit shall issue until the Town Board has held a public hcaring on thc application, with at least ten days notice proyided to the public. J. The Town Board may ap\lrove, approve with conditions, or deny an application for a transfer station permit. The Town Board may impose such conditions or safeguards on the issuance of the transfer station permit to ensure that the proposed operation shall not have an adverse effect on the environment. the character of the area or the general welfare of the Town. K. Nothing in this section shall exempt an applicant or facility from compliance with zoning or other requirements of the Town Code. S 233--6.1 Penalties for offenses S 233-+.8.. Revocation of permit and/or license. Section 4. Severability. If an section or subsection, paragraph, clause, phrase or provision of this law shall be judge invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. . . Memorandum To: Scott Russell, Supervisor Members of the Town Board Patricia Finnegan, Town Attorney From: Mark Terry, Principal Planner Anthony Trezza, Senior Planner Re: Recycling Handling and Recovery Facility and Transfer Station Uses in the Light Industrial Office /Planned Office Park (LlO) Zoning District and Light Industrial (LI) 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 Recyclingffransfer Station use on 154,601 sq. ft. parcel in the LIO Zone. The parcel is located approximately 1,083' nJo Corporate Road on nlelslo Commerce Drive in Cutchogue. A Recyclingffransfer Station use is not permitted within the Town of Southold Town Code. The purpose of this memo is to determine if a Recycling Handling and Recovery Facilityffransfer Station use meets the purpose of the Light Industrial Officel 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 Southold. Table 1. Acreage of LIO and LI Zoned Lands in the Town of Southold. Zonht UjstJ'ict LIO 106 LI ~8 * Excludes Protected and Community Facilities acreage in LlO and LI zones. 1 . . ", ;jght Industrial Office/ Plannaftice Park (LlO) . The stated purpose of the Light Industrial Park/Planned Office Park (LIO) Zoning District is Lo "provide opportunity for the location of business and professional offices, researchf(lcilities, industrial uses and similar activities in an oven, camvus-like settimz in areas which are not aV1JrolJriate for commercial activitv or low-densitv residential develooment. In this area, such uses can be established in an attractive environment and serve both as a means of vreservimz the oven Qualities of an area and vrovidimz an area adiacent to hamlet areas where such uses can be appropriately developed with suitable protection for ground- and surface waters. All uses must conform to Suffolk County Health Department standard. " The minimum lot size in the LlO 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 of preserving the open qualities of an area and providing an area adjacent 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 l) The second is located in Cutchogue, west of the Town of Southold Solid Waste Facility (Figure 2). Figure I. Location of Light Industrial ParkIPlanned Office Park (outlined in yellow) zoned parcels in the Greenport/Pipes Cove, south of State Rote 25. The highlighted green parcel is owned by the Town of Southold. 2 . . Figure 2. Location of Light Industrial ParkIPlanned Office Park zoned parcels (outlined in yellow) in Cutchogue, northwest of County Route 48. Lil!ht Industrial Zoninl! District (LI) The purpose of the Light Industrial (LI) 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. 3 .. 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. 4 . . 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 Peconic 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). 5 . . Figure 7. The location of the Light Industrial zoned (outlined in yellow) parcels located within Greenport/Pipes Cove 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. RecvcIin!! Handlin!! and Recoverv Facilitv and Transfer Stations in the LIO and LI Zonin!! Districts Both the LIO and LI zones permit Light Industrial Uses. The Town of Southold Town Code Section S 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. 6-1997J Section S280-58; of the LIO Zoning District permits "light industrial uses" by right subject to the following conditions: (15) 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. (b) No offensive noises, gases, fumes, smoke, odors, dust, effluent 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. 6 . J ... ~orrespondingly, the LJ Zoning.trict allows light industrial uses hy ri.lnd also by Special Exception of the Board of Appeals provided that the Spccial Exception usc meets 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. (b) No offensive noises, gases, fumes, smoke, odors, dust, effluent or vibrations shall emanate from such use and no waste products shall be discharged there jrom 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. A Recycling Handling and Recovery Facility or Transfer Station is not a light industrial use. Therefore the uses are not permitted within the LJO or LJ 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 Permit for Salvage Centers. The Town code defines a Salvage Center as: SALVAGE CENTER -- Any location where a private collection of items, exclusive of municipal recyclables, is gathered, reused, recycled, reclaimed and processed for eventual disposal off site. As indicated in the above definition, a Salvage Center precludes the gathering, re-use, recycling and/or reclaiming of municipal recyclables (#1 and #2 plastics, cans, glass, corrugated cardboard and newspaper). Further, a Salvage Center Special Use Permit 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 Southold 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 uses 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 and/or Transfer Station use shall not be located on a parcel containing less than 120,000 square feet of buildable lands. b. A Recycling Handling and Recovery Facility and/or Transfer Station use shall not be located within 400 feet of a property zoned for residential use measured from the two closest points of parcel boundaries or located within 600 feet of a existing 7 . ~ .~ . residential st.urc mcaslIl'cd from the closest poin. the residential structlll'e to thc parcel boundary. The issuance of a Special Use Permit would allow thc Town Board to impose conditions and/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 follows: TRANSFER STATION -- Any structure or combination ofstructures, machinery, equipment and facilities used for the off-loading of solid waste and non- mandated recyclables from collection vehicles and the reloading of solid waste into vehiclesfor transportation to anotherfacility owned or operated by or on behalf of the Town of South old. Note: Non mandated recyclables include: Concrete, asphalt, brick and masonry products, paper, metal scraps, rock, wood and soil. RECYCLING HANDLING AND RECOVERY FACILITY-- Any structure or combination of structures, machinery and equipment, includinlZ municival 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 from the Town of Southold, for the processing of materials required to be separated from other solid wastes at the source of generation. 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 open, campus-like setting in areas..." and. "such uses can be appropriately developed with suitable protection for ground- and suiface waters." Correspondingly, the zoning district allows for truck /bus 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. c. 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 Southold Municipal Solid Waste Facility. 3. It is recommended that the uses not be permitted within the LI Zoning District due to the following: 8 . , ,." a. The purpose of the L.lIling Districl is similar I" Ihal "f the. with the exception that the zone provides opportunity for "indus/rill/uses on sllw//er /ots... ". The intent of the LI Zoning District is to provide comparable uses to that of Ihe LIO zone on smaller parcels. b. The minimum lot size of the LI Zoning District is 40,000 sq. ft. with a maximum percent lot cover of 30 percent. With exception of the LI zoned parcels located east and north of the Town of Southold Municipal Solid Waste Facility, the current size of most LI zoned parcels would preelude good design of an indoor waste management facility with adequate buffers to the adjacent land uses. c. The Ll 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/Hamlet areas would conflict with the goals of the collective documents referred to as the Town of Southold Comprehensive Plan including the Town of Southold Local Water Revitalization Plan and Town of Southold Hamlet Study. e. Numerous LI zoned parcels are located within the Town of Southold Special Groundwater Protection Area and such uses could potentially severely impact the water quality within the specified area. It is important to note that the siting and operations of a Recycling 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. 9 . . 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 sou tholdtown .northfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 14, 2007 Re: Reso.'s #424 & #426 regarding proposed Local Law in relation to "A Local Law in relation to a "Transfer Statiton" of the Code of the Town of Southold Thomas Isles, Director of Planning Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Isles: The Southold Town Board at their regular meeting on April 24, 2007 adopted the above resolution. Certified copy of same is enclosed. Please prepare an official report defining the Planning Commissions recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law has also been sent to the Southold Town Planning Board for their review. The date and time for the public hearing is 4:45 PM. Tuesdav. Mav 22. 2007. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, ~a.~ Elizabeth A. Neville Southold Town Clerk Enclosures cc: Town Board Town Attorney . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER . Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 south old town. northfor k. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Jerilyn B. Woodhouse, Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Ms. Woodhouse: May 14, 2007 Re: Reso.'s #424 & #426 regarding proposed Local Law in relation to a "Transfer Station" of the Code of the Town of Southold The Southold Town Board at their regular meeting held on April 24, 2007 adopted the above resolution. A certified copy of same is enclosed. Please prepare an official report defining the Planning Board's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law has also been sent to the Suffolk County Planning Department for their review. The date and time for the public hearing is 4:45 PM, Tuesday, May 22, 2007. Should you have any questions, please do not hesitate to contact me. Thank you. Enclosures (2) cc: Town Board Town Attorney Very truly yours, . O,~ ~vil1e Southold Town Clerk . LEGAL NOTICE . NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 24th day of April, 2007, a Local Law entitled "A Local Law in Relation to a Transfer Station ", AND NOTICE IS HEREBY FURTHER GIVEN 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 22nd day of May. 2007 at 4:45 p.m., at which time all interested persons will be given an opportunity to be heard. This proposed "Local Law in Relation to a Transfer Station", which reads as follows: Local Law No. of2007 Section 1. Purpose. In order to promote the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it necessary to provide for a Transfer Station use in the zoning code to facilitate the proper and efficient handling and transfer of municipal solid waste (MSW) and construction debris (C&D) material. The Town Board finds it appropriate to limit such use to the LIO Zoning District, subject to strict requirements, pursuant to a special permit issued by the Town Board, and site plan review by the Planning Board. Section 2. Code Amendment. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: S 280-58. Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: D. A Transfer Station mav be permitted, subiect to special permit obtained from the Town Board pursuant to Section 233-6 the Town Code. The Transfer Station shall also be subiect to site plan approval by the Planning Board based on the following criteria and requirements: (I) The plan shall include the precise location of all buildings, structures, emplovee and truck parking, loading, unloading, and traffic areas, internal circulation, container storage areas, storage areas for recvcling, and any other information deemed pertinent to an adequate review of the proposal. (2) A minimum lot area of 120,000 square feet and the right to require a greater lot area. Such requirement shall be based on the scale of operation as measured bv the size of the buildings proposed for the site, the volume of solid waste handled on a daily basis, and the requirements for vehicle parking and movement, or a finding that the operation cannot be adequatelv screened from adioining propertv. . . (3) A minimum distance of four hundred (400) feet from a property zoned for residential use measured from the two closest points of parcel boundary, or located within six hundred (600) feet of an existing residential structure measured from the closest point of the residential structure to the parcel boundary. (4) Submission of a route plan to indicate that traffic generated by the facility will haye a minimal impact on residential streets. (5) Proyision of adequate lanes for yehicles entering the facility. (6) All sorting, baling. processing. crushing, and similar intensiye actiyity associated with the facility. including the storage of all containers containing recyclable and waste material shall be contained inside a completely enclosed building with an impervious floor surface. (7) Outdoor use of the property shall be restricted to the parking and maneuyering of yehicles, washing of yehicles, scales necessarv for the operation of the transfer station. and the storage of empty containers. (8) The storage of said empty containers shall be restricted to locations specifically identified on the site plan. This equipment shall be located and screened in such a manner so as to not be yisible from the street of from adioining properties. (9) On-street parking of yehicles. containers. or any other equipment or materials in any way connected with the facility shall be prohibited. (10) Where feasible. truck loading and unloading areas shall not face the street. (11) All toxic and hazardous materials shall be prohibited. (12) The maximum height of the facility shall not exceed thirty five (35) feet (13) A minimum of twenty (20) feet oflandscaping, including street trees shall be planted and maintained along all street frontages. (14) A six foot high black chain link fence with stockade attached shall be installed and maintained behind said landscaped areas. ( IS) Hours of operation shall be demonstrated by the applicant to be limited to minimize impact on surrounding properties. S 280-60. Front yard setbacks. C. A project shall be divided into separate structures so that no single structure shall have more than 60 linear feet of frontage on one street, except that this requirement shall not apply to a transfer station. The setbacks of multiple structures on a parcel may vary, provided that the average setback of the structures meets the setback required above and all buildings are at least 75 feet from the right-of-way. . . Section 3. Code Amendment. Chapter 233 Solid Waste of the Code ofthe Town of South old is hereby amended as follows: S 233-1. Definitions. Words and terms used in this article shall have the following meanings: TRANSFER STATION. TOWN -- The disposal area owned and operated by the Town of Southold located north of County Route 48 at Cutchogue, New York. TRANSFER STATION. PRIVATE - Anv combination of structures. machinerv and facilities used for off-loading solid waste from collection vehicles. the recovery of recvclables from said solid waste. and/or the reloading of nomecvclable solid waste into vehicles for disposal. & 233-6 Transfer Station Special Permit. A. A permit application shall be made on the form prescribed bv the Town Clerk and accompanied bv a fee of $250.00. A permit issued pursuant to this section is not transferable and shall run for the same duration as a permit for the same transfer station issued bv the New York State Department of Environmental Conservation. B. No permit shall be granted unless the applicant can produce a valid transfer station operating permit issued bv the New York State Department of Environmental Conservation for the proposed site and further demonstrate that the proposed transfer station is consistent with the Town's Solid Waste Management Plan. The terms of the permit may be reviewed bv the Town Board from time to time to ensure that the operation is consistent with the Town of Southold Solid Waste Management Plan. C. The grant of a permit shall bind the applicant to provide the Town of Southold with the following information on an annual basis: (I) Gross tons of mixed solid waste and recvclables received. (2) Gross tons of recvclables removed from solid waste delivered. (3) Net tons ofnonrecvclable solid waste reloaded onto vehicles for disposal. (4) Aggregate tonnage of all mixed solid waste and recvclables delivered to the facilitv. and the origin. bv Town. of such tonnage. D. Prior to the issuance of a permit for a transfer station. an application for site plan approval shall be reviewed bv the Planning Board of the Town of Southold. The Planning Board shall assume Lead Agencv for the purposes of the SEORA review and such review process shall be complete prior to the issuance of a permit under this section. Failure to comply with the terms of an approved site plan shall constitute grounds for immediate revocation of this permit. E. No permit shall issue until the applicant has submitted a route plan acceptable to the Town Board designed to indicate that traffic generated bv the facility will have a minimal impact on residential streets. F. The grant and acceptance ofthis permit shall constitute consent to allow inspection of the premises bv the Town of Southold for the purpose of ensuring com li.with the the permit holder. reasonable rior notice to G. All trucks entering the facility containing materials for transfer must be covered. H. An emergency response plan acceptable to the Town Board shall be submitted. which may be referred to local emergency responders for comment and input. I. No permit shall issue until the Town Board has held a public hearing on the application. with at least ten days notice provided to the public. J. The Town Board may approve. approve with conditions. or deny an application for a transfer station permit. The Town Board may impose such conditions or safeguards on the issuance of the transfer station permit to ensure that the proposed operation shall not have an adverse effect on the environment. the character ofthe area or the general welfare of the Town. K. Nothing in this section shall exempt an applicant or facility from compliance with zoning or other requirements ofthe Town Code. S 233-9.1 S 233-+~. Penalties for offenses Revocation of permit and/or license. Section 4. Severability. If an section or subsection, paragraph, clause, phrase or provision of this law shall be judge invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. Dated: April 24, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON MAY 17,2007 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEV1LLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Suffolk Times Building Dept Town Board Members Zoning Board Town Attorney Town Clerk's Bulletin Board . . STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of South old, New York being duly sworn, says that on the 1 C. day of mO ,2007, 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 South old, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Transfer Station LL 5/22/07 . Do;tId()Q~"i/~-" Elizabeth A. N ville Southold Town Clerk Sworn before me his ~~~,O ,2007. Notary Public 1J;:,~ 'lll/OJel"l saJ!d>g WJa ? ~loJjns u! palJl/eno!L lIJOAAIllN 1:60<:0908/0 'oN ~~~~I~~J~1r ^~V10ti . . Town of South old - Letter Board Meeting of April 24, 2007 RESOLUTION 2007-426 Item # 38 ADOPTED DOC ID: 2845 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-426 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 24, 2007: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in Relation to a Transfer Station" to the Southold Town Planninl!: Board and the Suffolk County Department of Planninl!: for their recommendations and reports. ~Q :/~. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated April 30, 2007 Page 62 I f . Town of Southold - Letter . Board Meeting of April 24, 2007 RESOLUTION 2007-424 ADOPTED Item # 36 DOC ID: 2843 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-424 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 24, 2007: WHEREAS there has been presented to the Town Board of the Town of South old, Suffolk County, New York on the 24th day of April, 2007, a Local Law entitled "A Local Law in Relation to a Transfer Station ", now, therefore, be it RESOLVED that the Town Board of the Town of South old will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold New York on the 22nd day of May, 2007 at 4:45 p.m., at which time all interested persons will be given an opportunity to be heard. This proposed "Local Law in Relation to a Transfer Station", which reads as follows: Local Law No. of 2007 Section 1. Purpose. In order to promote the health, safety and welfare of the citizens of the Town of South old, the Town Board finds it necessary to provide for a Transfer Station use in the zoning code to facilitate the proper and efficient handling and transfer of municipal solid waste (MSW) and construction debris (C&D) material. The Town Board finds it appropriate to limit such use to the LIO Zoning District, subject to strict requirements, pursuant to a special permit issued by the Town Board, and site plan review by the Planning Board. Section 2. Code Amendment. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: S 280-58. Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: D. A Transfer Station mav be oermitted. subiect to soecial permit obtained from the Town Board oursuant to Section 233-6 the Town Code. The Transfer Station shall also be subiect to site olan aooroval bv the Planning Board based on the following criteria and requirements: Generated April 30, 2007 Page 51 \ Town of South old - Lette. BA Meeting of April 24, 2007 " (1) The plan shall include the precise location of all buildings. structures. employee and truck parking. loading, unloading. and traffic areas. internal circulation. container storage areas. storage areas for recycling. and any other information deemed pertinent to an adequate review of the proposal. (2) A minimum lot area of 120.000 square feet and the right to require a greater lot area. Such requirement shall be based on the scale of operation as measured by the size of the buildings propOsed for the site. the volume of solid waste handled on a daily basis. and the requirements for vehicle parking and movement. or a finding that the operation carmot be adequately screened from adioining property. (3) A minimum distance offour hundred (400) feet from a property zoned for residential use measured from the two closest points of parcel boundary. or located within six hundred (600) feet of an existing residential structure measured from the closest point of the residential structure to the parcel boundary. (4) Submission of a route plan to indicate that traffic generated by the facilitv will have a minimal impact on residential streets. (5) Provision of adequate lanes for vehicles entering the facilitv. (6) All sorting. baling. processing. crushing. and similar intensive activity associated with the facilitv. including the storage of all containers containing recyclable and waste material shall be contained inside a completely enclosed building with an impervious floor surface. (7) Outdoor use of the property shall be restricted to the parking and maneuvering of vehicles. washing of vehicles. scales necessary for the operation of the transfer station, and the storage of empty containers. (8) The storage of said empty containers shall be restricted to locations specifically identified on the site plan. This equipment shall be located and screened in such a marmer so as to not be visible from the street of from adioining properties. (9) On-street parking of vehicles. containers. or any other equipment or materials in any way connected with the facilitv shall be prohibited. (10) Where feasible. truck loading and unloading areas shall not face the street. (11) All toxic and hazardous materials shall be prohibited. (12) The maximum height of the facility shall not exceed thirty five (35) feet. (13) A minimum oftwentv (20) feet oflandscaping. including street trees shall be planted and maintained along all street frontages. (14) A six foot high black chain link fence with stockade attached shall be installed and maintained behind said landscaped areas. (15) Hours of operation shall be demonstrated by the applicant to be limited to minimize impact on surrounding properties. S 280-60. Front yard setbacks. C. A project shall be divided into separate structures so that no single structure shall have more than 60 linear feet offrontage on one street, except that this requirement shall not apply to a transfer station. The setbacks of multiple structures on a parcel may vary, provided that the average setback of the structures meets the setback required above and all buildings are at least 75 feet from the right-of-way. Generated April 30, 2007 Page 52 1 I . . Town of South old - Letter Board Meeting of April 24, 2007 Section 3. Code Amendment. Chapter 233 Solid Waste of the Code of the Town of South old is hereby amended as follows: g 233-1. Definitions. Words and terms used in this article shall have the following meanings: TRANSFER STATION. TOWN -- The disposal area owned and operated by the Town of Southold located north of County Route 48 at Cutchogue, New York. TRANSFER STATION. PRIVATE - Anv combination of structures. machinery and facilities used for off-loading solid waste from collection vehicles. the recovery of recvclables from said solid waste. and/or the reloading of nonrecvclable solid waste into vehicles for diSpOsal. & 233-6 Transfer Station Special Permit. A. A permit application shall be made on the form prescribed bv the Town Clerk and accompanied bv a fee of $250.00. A permit issued pursuant to this section is not transferable and shall run for the same duration as a permit for the same transfer station issued bv the New York State Department of Environmental Conservation. B. No permit shall be granted unless the applicant can produce a valid transfer station ooerating permit issued bv the New York State Department of Environmental Conservation for the proposed site and further demonstrate that the proposed transfer station is consistent with the Town's Solid Waste Management Plan. The terms of the permit mav be reviewed bv the Town Board from time to time to ensure that the operation is consistent with the Town of South old Solid Waste Management Plan. C. The grant of a permit shall bind the applicant to provide the Town of Southold with the following information on an annual basis: (I) Gross tons of mixed solid waste and recvclables received. (2) Gross tons of recvclables removed from solid waste delivered. (3) Net tons of nonrecvclable solid waste reloaded onto vehicles for disposal. (4) Aggregate tonnage of all mixed solid waste and recvclables delivered to the facility. and the origin. bv Town. of such tonnage. D. Prior to the issuance of a permit for a transfer station. an application for site plan approval shall be reviewed bv the Planning Board ofthe Town of South old. The Planning Board shall assume Lead Agencv for the purposes of the SEORA review and such review process shall be complete prior to the issuance of a permit under this section. Failure to complv with the terms of an approved site plan shall constitute grounds for immediate revocation of this permit. E. No permit shall issue until the applicant has submitted a route plan acceptable to the Town Board designed to indicate that traffic generated bv the facilitv will have a minimal impact on residential streets. F. The grant and acceptance of this permit shall constitute consent to allow inspection of the premises bv the Town of Southold for the purpose of ensuring compliance with the permit. Inspection shall be upon reasonable prior notice to the permit holder. Generated April 30, 2007 Page 53 \ Town of Southold - Lette~ BA Meeting of April 24, 2007 , , G. All trucks entering the facility containing materials for transfer must be covered. H. An emergency response plan acceptable to the Town Board shall be submitted. which mav be referred to local emergencv responders for comment and input. I. No permit shall issue until the Town Board has held a public hearing on the application. with at least ten davs notice provided to the public. J. The Town Board mav approve. approve with conditions. or denv an application for a transfer station permit. The Town Board mav impose such conditions or safeguards on the issuance of the transfer station oermit to ensure that the proposed ooeration shall not have an adverse effect on the environment. the character of the area or the general welfare of the Town. K. Nothing in this section shall exempt an applicant or facility from compliance with zoning or other requirements of the Town Code. ~ 233-e.1 Penalties for offenses ~ 233-1~. Revocation of permit and/or license. Section 4. Severability. If an section or subsection, paragraph, clause, phrase or provision of this law shall be judge invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. ~~_:I,L. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated April 30, 2007 Page 54 Town of Southold - Letter. Bo6-teeting of April 24, 2007 RESOLUTION 2007-423 Item # 35 ADOPTED DOC ID: 2842 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-423 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 24, 2007: RESOLVED that the Town Board of the Town of South old hereby retains L.K. McLean Associates to perform a SEQRA review on the proposed Local law entitled "A Local Law in relation to a Transfer Station" in the Town of Southold, subject to the approval of the Town Attorney. ~~_:t'-. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: William P. Edwards, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated April 30, 2007 Page 50