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Home My WebLink AboutLL 2008 # 1COUNTY OF SUFFOLK ~. STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING April 1, 2008 i a/ ~- THOMAS ISLES, ACP DIRECTOR OF PLANNING RECEIVED AFF 7 2008 Ms. Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Southold Tavvn Clerk Re: Amend Zoning Ordinance Local Reso. No. 2008-150 "Wireless Communication Facilities" SCPC File No.: SD-07-06 Dear Ms. Neville: Pursuant to Sections A 14-21 of the Suffolk County Administrative Code, the Suffolk County Planning Commission has notified the neighboring town(s) and/or village(s) concerning the above captioned zoning action(s). Having received no adverse response, the Commission will take no further action. Very truly yours, Thomas Isles Direct of Plannin drew releng, ICP Chief Planner APF:cc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR . P. O. BOX 6100 (631 ~ 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631 ~ 853-4044 . . .. ELIOT SPITZER GOVERNOR .. .. .~-,' Lynda M Bohn Deputy Town clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 * STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 \ " /"---".-' '1 _,. LORRAINEA. CORTES-VAzQUEZ SECRETARY OF STATE February 12, 2008 RECEIVED FEB 1 5 2008 Southord Town Clerk RE: Town of Southold, Local Law No.1, 2008, filed on February 7, 2008 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/coro/misc.html . Effective 1/22/08, the Department of State, State Records and Law Bureau's new address is: NYS Department of State, State Records and Law Bureau, Suite 600, 99 Washington Avenue (1 Commerce Plaza), Albany, NY 12231. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 WWW.OOS.STATE.NY.US . E-MAIL: INFO@OOS.STATE.NY.US 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 FllX (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 18, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on January 29, 2008 at 7:35 p.m. on the proposed Local Law entitled . "A Local Law in relation to Temporary Moratorium on the Processing. Review of. and making Decisions on applications for Building Permits. Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ,rrtr~art~{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 Shelter Island Town ofSoutharnpton Southold Town Trustees Southold Town Board of Appeals --'~ Date: Z/tl/'~ ~ ' ~~J.) t-ftBU?OO flease print name Title: c~~J" Pf&'1A4It t r DUPLICATE TO BE SIGNED AND RETURNED TO SOUTH OLD TOWN CLERK . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD RECEIVeD January 31,2008 FEB 12008 Soulnold Tc.vlR Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACT the following proposed Local Law on January 29, 2008, entitled: ."A Local Law in relation to Temporary Moratorium on the Processinl!:, Review of, and makinl!: Dccisions on applications for Buildinl!: Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" 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.((e-1tJ.. 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 ~11vtQ jJL/;~~ SigrJture, Received-13y 0vJVla ~/lJlo Plc;/se print name Date: ;) J I I d? I J Tr (C{jLi (e.r Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown./ttlrthfork.net C,---, 6 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD :,ljl' ~ -"- '- , ]> January 3 1,2008 o PLEASE TAKE NOTICE that the Town Board of the Town of South old ENACT the following proposed Local Law on January 29, 2008, entitled: .'A Local Law in relation to Temporary Moratorium on the Processin!!. Review of. and makin!! Decisions on applications for Buildin!! Permits. Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" Please sign the duplicate of this letter and return to me at your earliest convenience in the self.addressed envelope. Thank you. PtrUfQ~....tk' 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: d-I-(),V Signature, Received By !/.A-R:.P5fJ<R A GRAITh",) Please print name iorv J r: ~k Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTH OLD TOWN CLERK RECEIVi:D r:: :1' 2008 SOil;; .,)J ...... ~. I. "....hl h..,',,-.n~;:,,)i'x p..,,,{l.r\< -U ~,l.i ELIZABETH A. NEVILLE TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldto~~~efiV'Rl)et f".- REGISTRAR OF VITAL STATISTICS . '"~;::~g~~!!!!~E~~r2R r:'it"')-T ',: I.' r~; ~- .-. _:m._~~(: .'.::\1 ,~'~~J ; i ;~___~_' d - .;'11 j , ~, " I OFFICE OF THE TOWN CLERK FFn . ^'n8 i TOWN OF SOUTHOLD i L. c.'''~ J~M'Y 31, 2008 L_._.-i._c...".: ! .:...~;.....,;;,:;:i, PLEASE TAKE NOTICE that the Town Board ofthe Town of Southold ENACT the following proposed Local Law on January 29, 2008, entitled: FED 1+ 200B ~l>tilt,\d T\;vn Clelk S~:t!,.,OT, :", ."A Local Law in relation to Temporary Moratorium on the Processin!!. Review of. and makin!! Decisions on applications for Buildin!! Permits. Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. a'i'U'1o.~rK{"" 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 cdo~ / Signature, Received B~ Date: 2( II ag H.ecJLr L"vn "- Please print name Title: Plt""'lII,,J Dir<cfc...- DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD f<hOI January 31, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACT the following proposed Local Law on January 29, 2008, entitled: . "A Local Law in relation to Temporary Moratorium on the Processinl!, Review of, and makinl! Decisions on applications for Buildinl! Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. f"'tr~a~~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 Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ~f(J,4 Signature, Receiveil By I1,V(...e.-<..- ::r ~~'7 Please print name J Date: DL/O~)b / ~ Title: C~I'~-~ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIV;;D r-:-rn "20 ' c.' .J 08 SotJ!l,c.\d T(i'.:m Clark . 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 January 31, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACT the following proposed Local Law on January 29, 2008, entitled: .'A Local Law in relation to Temporary Moratorium on the Process in!!:, Review of, and makin!!: Decisions on applications for Buildin!!: Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. p~O~....;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 To uilding Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals J ( \ f O~ Date: :~ Receiv~~. . ~, . i~ l)DflM4A- Please print name Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIV2D rCD : 2008 SOliir ,-'i,..! T'.- '" r",. I. . '" . ',c' .' -" "",' :~' Yx . 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 January 31, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACT the following proposed Local Law on January 29, 2008, entitled: ."A Local Law in relation to Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" Please sign the duplicate of this letter and return to me at your earliest convenience in the self~addressed envelope. Thank you. Ptrt~Q2;k""~'" Elizabeth A. Neville Town Clerk Attachments ee: Suffolk County Department of Planning Village of Greenport Town of Riverhead . Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals si~~;d~'~./ .D ("(0 ~ S c9<; c-V- Please prin~e Date: FEe ~ i , ,-,_lvQ Title: ~"'" &....ee...,. DUPLICATE TO BE SIGNED AND RETURNED TO SOUTH OLD TOWN CLERK RECEIV::D :~rl . 2008 Sou;~":.;[J T~_,'./;~ f:~Hk 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 Boutholdtown.norlhfork.net RECEIVi:D OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD f:P 7 2008 January 31, 2008 . .' II T' ..~rl~l" 30t'.;~(n~ 1.'\"" ~"~ 1\ PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACT the following proposed Local Law on January 29, 2008, entitled: .'A Local Law in relation to Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. PI!ej-~~Q."Qef./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 ~4..<9.-h Signature, Received By ~.~ -f.,- s,J...<<tI"~ Please print name Date: z;Lo ,I of> Title:~~ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD REGIVi.:O January 31, 2008 FE9 1 2008 Soull.dd 1",,11 (lark PLEASE TAKE NOTICE that the Town Board of the Town of South old ENACT the following proposed Local Law on January 29, 2008, entitled: .'A Local Law in relation to Temporary Moratorium on the Processinl!, Review of, and makinl! Decisions on applications for Buildinl! Permits. Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of South old" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. PR~~C7.!?~~' 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 ~.tA E Il ~fl(UJA' Slg ture, Received By Date: <9..1,IOf !.-4.tJ.('(),(t ~.\tlryl(~ Please print name Title: :YJ( .m0,1~-fe(yt DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 IfillEtClEU~1E1O OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD ... 1 2008 January 31, 2008 BOARD OF APPEALS PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACT the following proposed Local Law on January 29. 2008, entitled: ."A Local Law in relation to Temporary Moratorium on the Processine:, Review of, and makine: Dccisions on applications for Buildine: Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. /Tg,r~Cl.r;e.,-:a, 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 d:,;da i!n,1jt!Wt Signature, ReceIved By L{'tld/u }(jJLUtJLS( t' Please print name Date: .2j ojo d Title: Zl31t /U L)/I I DUPLICATE TO BE SIGNED AND RETURNED TO SOUTH OLD TOWN CLERK FecEx. us Airbill Express From "- 8 "'9 6235 7677 FodE> Trlo.ing Numb.r 1067-7029-8 Sender'sFedEx Date Account Number s,"d."ELIZABETH NEVILLE Name 16311765-1800 Phone TOWN OF SOUTHOLD Company Address 53095 ROUTE 25 DeptfiloorlSuite/floom SOUTHOLD City NY 11971-4642 ZIP 2 Your Internal Billing Reference Firot24ch."ctors.....i.ppe.'oo""""c. LL" Wo.... 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S9'WJ,"f<<~IYIIY, Direct Signature D=m~'::=' OoIivery,Feo..... . ~n~~~~~~re D'e"'piem-'.d_d.......Sllmaon. 81aneoghboringoddrossmav signtordeM"I_n.appIia 15191 ~.v.O."I(Illliop."#I58lJ!Jo<{lI!l(ll.-lOO6FodExot'~I~INU_S.Il-SRf 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 II79 Southold, New York II97I Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 4, 2008 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 1 of2008 Town of Southold, Suffolk County Dear Ms. Lasch: . In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law Number 1 of 2008 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, ./~ ~u1JL 1'n (~O Lynda M Bohn Southold Deputy Town Clerk Enclosures cc: Town Attorney '. NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY, NY \223\ (Use this form to file a local law with the Secretary of State.) Text oflaw should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. D County o City o Town of o Village SOUTH OLD Local Law No. 1 of the year 2008 . A Local Law entitled, Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication . Facilities in the Town of Southold Be it enacted the Town Board of the: D County o City o Town of o Village SOUTHOLD I. PURPOSE AND INTENT The Town Board is considering the important implications of the recent proliferation of wireless communication facilities projects within the Town, including already constructed cell towers, towers currently . under Town review and proposed cell tower projects. The Town Board believes that a haphazard, piecemeal approach to the proliferation of such towers could be detrimental to the character of the Town, including its active farmland, open spaces, scenic byways and vistas, all of which the Town has expended substantial resources to preserve, cultivate and maintain. The Town Board recognizes that the existing Zoning Code is inadequate to deal with the inherent conflict between the need for cell towers, for emergency and other communication purposes, and the Town's other planning goals. The size and scale of the Town, the scale of its agricultural and rural history, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that wireless communication facilities should be placed in a strategic manner so as to coexist as peacefully as possible with the Town's historical, agricultural and rural culture. Regulations on the size, location and appearance of wireless communication facilities are necessary to address the problems these structures create. On July 31, 2007, the Town of Southold adopted a l80-day moratorium on all new wireless communication facilities. The Town Board intended to use the time to formulate a comprehensive plan for wireless facilities, to review the locations, size and appearance of cell towers, and to update and create new legislation to comprehensively meet the long-range goals ofthe Town. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rcv,05/05) 1 During the moratorium period, the Town retained a new Director of the Planning Department. The Director solicited proposals from several wireless consultants to assist the Town with the aforementioned plan. The Town Board retained one of the consultants who has started work, but has indicated a report and recommendations will not be provided prior to March 3, 2008. The Town Board finds it reasonable and in the public interest to extend the moratorium period for one additional one hundred and eighty (180) days beyond the original expiration period. This will provide the Town adequate time to examine the consultant recommendations, and draft and adopt necessary code amendments. II. A new Article XXX of Chapter 280 of the Code of the Town of South old is hereby enacted as follows: 9280-165. ARTICLE XXX Moratorium Enactment of Temporary Moratorium. For a period of One Hundred Eighty (180) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the One Hundred Eighty (180) Day period: . I) 2) . 3) 9280-166. The Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a site plan containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law 9274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in 9280-4 of the Code of the Town of South old. The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special exception usc permit containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law 9274-b and Chapter 280 of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in 9280-4 of the Code of the Town of Southold. The Building Inspector shall not accept for reView, continue review or make any determination upon any application for a building permit proposing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law 9274-a, Chapter 280 and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing and the rendering of determinations. The statutory and locally- enacted time periods for processing and making determinations on all aspects of said building permit applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in 9280-4 of the Code of the Town of South old. Application. 2 This Local Law shall apply to ALL [new or pending] applications for site plans or special exception use permits for WIRELESS COMMUNICATION FACILITIES in the Town of South old. 9280-167. Exclusions. This Local Law shall not apply to: 1) Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date of this Local Law. 2) Applications for co-location of wireless telecommunication facilities inside a permitted tower, with no component parts visible from the exterior. 9280-168. Conflict with State Statutes and Authority to Supersede. To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of New York State Town Law, this Local Law supersedes, amends and takes precedencc over NYS Town Law pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law 91O(1)(ii)(d)(3); 9I0(1)(ii)(a)(14) and 922 to supersede any inconsistent authority. . In particular, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law 9274-a, 9274-b and the provisions and requirements set forth in Chapter 280 of the Southold Town Code, which require that the Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon applications for site plans and special exception use permits within specified time periods, this Local Law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. 9280-169. Appeal Procedures. a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this Local Law, the health, safety or welfare of the Town of South old, or any comprehensive planning efforts being undertaken in the .Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with copies of the site development plan and any related information required in accordance with the procedures set forth in Chapter 280 of the Southold Town Code. c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board. The Town Board may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. 3 III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. . . 4 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 1 of20..!!l!.-., of the (CSIIR!) )(Ci!) )(Town) (':illag~) of SOUTHOLD was duly passed by the TOWN BOARD on January 29 , 20 ~, in accordance with the applicable provisions of law. 2. (Pas.age by loeal legislative body with approYllI, no disappr9'/al or re passage after disapproval by the Eleetive Chief Exeeutive 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 approved)(re-passed after and was deemed duly adopted on 20 J. (Final adoption b)' referendum.) I hereby certifY that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20~, and was (approved)(not approved)(repassed after disapproval) by the on 20. Such local law was submitted to the people by reason 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, 111 accordance with the applicable provisions of law. 1. (Subjeet to permissh'e referendum and tiual adoption because no \'alid petition was HIed requesting referendum.) . I hereby certify that the local law annexed hereto, designated as local law No. (County )(City )(Town )(Village) of 20 of the of was duly passed by the on 20, and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. · Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5 S. (Cit), loealla'l'/ eoneernin!; Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No, of20 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 loealla'~' eoneerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20_, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote ofa majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative, (If any other anthorized 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 there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above, (Seal) f"'1./Jirbli'L O. n w ., J.. . Clerk of County legislative body, City, Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: January 3 I. 2008 (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 localla cont ns the correct text and that all proper proceedings have been had or taken for the enactment of the local law a nexe ereto, -Cotmt) Gity Town of '.'illllgB Date: SOUTHOLD January 3 I, 2008 6 . SOUTHOLD TOWN BOARD PUBLIC HEARING January 29,2008 7:35 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 2nd day of January, 2008, a Local Law entitled, "Temporary Moratorium on the Processinl!. Reyiew of. and makinl! Decisions on applications for Buildinl! Permits. Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" 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 29th day of January, 2008. at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "Temporary Moratorium on the Processinl!. Review of. and makinl! Decisions on applications for Buildinl! Permits. Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" reads as follows: LOCAL LAW NO. _of 2007 . A Local Law entitled. "Temporary Moratorium on the Processinl!. Review of. and makinl! Decisions on applications for Buildinl! Permits. Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold". BE IT ENACTED by thc Town Board of the Town of South old as follows: I. PURPOSE AND INTENT The Town Board is considering the important implications of the recent proliferation of wireless communication facilities projects within the Town, including already constructed cell towers, towers currently under Town review and proposed cell tower projects. The Town Board believes that a haphazard, piecemeal approach to the proliferation of such towers could be detrimental to the character of the Town, including its active farmland, open spaces, scenic byways and vistas, all of which the Town has expended substantial resources to preserve, cultivate and maintain. The Town Board recognizes that the existing Zoning Code is inadequate to deal with the inherent conflict between the need for cell towers, for emergency and other communication purposes, and the Town's other planning goals. The size and scale of the Town, the scale of its agricultural and rural history, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and Cell Tower Moratorium Public Hearing January 29, 2008 2 . other past planning studies) dictate that wireless communication facilities should be placed in a strategic manner so as to coexist as peacefully as possible with the Town's historical, agricultural and rural culture. Regulations on the size, location and appearance of wireless communication facilities are necessary to address the problems these structurcs create. On July 31, 2007, the Town of Southold adopted a 180-day moratorium on all new wireless communication facilities. The Town Board intended to use the time to formulate a comprehensive plan for wireless facilities, to review the locations, size and appearance of cell towers, and to update and create new legislation to comprehensively meet the long-range goals of the Town. During the moratorium period, the Town retained a new Director of the Planning Department. The Director solicited proposals from several wireless consultants to assist the Town with the aforementioned plan. The T own Board retained one of the consultants who has started work, but has indicated a report and recommendations will not be provided prior to March 3, 2008. The Town Board finds it reasonable and in the public interest to extend the moratorium period for one additional one hundred and eighty (180) days beyond the original expiration period. This will provide the Town adequate time to examine the consultant recommendations, and draft and adopt necessary code amendments. II. A new Article XXX of Chapter 280 of the Code of the Town of South old is hereby enacted as follows: &280-165. ARTICLE XXX Moratorium Euactmeut of Temporarv Moratorium. For a period of One Hundred Eightv (180) Davs following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subiect to any other Local Law adopted by the Town Board during the One Hundred Eighty (180) Day period: . I) The Planning Board shall not accept for review. continue review, hold a hearing or make any decision upon any application for a site plan containing a WIRELESS COMMUNICATION FACILITY. whether submitted prior to or after the effective date of this law. and shall not be subiect to the time periods specified in Town Law il274-a and Article XXV of the Southold Town Code. including without limitation. provisions relating to the processing. reviewing. holding of hearings and the rendering of decisions. The statutorv and locally-enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in il280-4 of the Code of the Town of South old. 2) The Zoning Board of Appeals shall not accept for review. continue revicw. hold a hearing on. continue a hearing or make any decision upon any application for a special exception use permit containing a Cell Tower Moratorium Public Hearing January 29, 2008 3 3) . &280-166. WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law. and shall not be subiect to the time periods specified in Town Law &274-b and Chapter 280 of the Southold Town Code. including without limitation. provisions relating to the processing, reviewing. holding of hearings and the rendering of decisions. The statutorv and locallv-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and staved while this Local Law is in effect. All terms used in this Local Law are as defined in &280-4 of the Code of the Town of South old. The Building Inspector shall not accept for review. continue review or make anv determination upon anv application for a building permit proposing a WIRELESS COMMUNICATION FACILITY. whether submitted prior to or after the effective date onhis law. and shall not be subiect to the time periods specified in Town Law &274-a. Chapter 280 and Article XXV of the Southold Town Code. including without limitation. provisions relating to the processing. reviewing and the rendering of determinations. The statutorv and locallv-enacted time periods for processing and making determinations on all aspects of said building permit applications are suspended and staved while this Local Law is in effect. All terms used in this Local Law are as defined in &280-4 of the Code of the Town of South old. Application. This Local Law shall applv to ALL [new or pendingl applications for site plans or special exception use permits for WIRELESS COMMUNICA nON FACILITIES in the Town of South old. . &280-167. Exclusions. This Local Law shall not applv to: &280-168. 1) Site plans for which final or conditional final approval was granted bv the Planning Board prior to the effective date onhis Local Law. 2) Applications for co-location of wireless telecommunication facilities inside a permitted tower. with no component parts visible from the exterior. Conflict with State Statutes and Authoritv to Supersede. To the extent that anv provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of New York State Town Law. this Local Law supcrsedes. amends and takes precedence over NYS Town Law pursuant to the Cell Tower Moratorium Public Hearing January 29, 2008 4 Town's municipal home rule powers, pursuant to Municipal Home Rule Law Q 1 on )(ii)(d)(3); Q I on )(ii)(a)n4) and Q22 to supersede any inconsistent authority. In particular, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law Q274-a, Q274-b and the provisions and requirements set forth in Chapter 280 of the Southold Town Code, which require that the Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon applications for site plans and special exception use permits within specified time periods, this Local Law suspends and stays the running of time pcriods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority, &280-169. Appeal Procedures. . a. The Town Board shall have the authority to vary or waive the application of any provision ofthis Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this Local Law, the health, safety or welfare of the Town of Southold, or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. . b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with copies of the site development plan and any related information required in accordance with the procedures set forth in Chapter 280 of the Southold Town Code. c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) days following receipt to make a recommendation to approve or disapprove a variance or waiver ofthis Local Law. The application and recommendation shall be transmitted to the Town Board. The Town Board may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. HI. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adj udged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to hc unconstitutional or invalid. Cell Tower Moratorium Public Hearing January 29,2008 5 IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. . COUNCILMAN WICKHAM: I might add that this is an extension of, this proposal to propose to extend what is already on the books as a current moratorium. And the enactment would add an additional six month period or 180 days. I have an affidavit of town posting outside on the Town Clerk's bulletin board and it has appeared, I am sure, as a legal in the newspaper and I will probably find that in a minute. There is the legal that has appeared in the local newspaper on the 24th of January. I have a memorandum from the Town of Southold Planning Board, Jerilyn Woodhouse Planning Board Chair, dated January 23. 'Thank you for your request for comments from the Planning Board regarding the proposed extension of the wireless communications facility moratorium. We support the extension of the moratorium, to allow the Town adequate time to prepare and plan for facilities that are compatible with the character of Southold. The Town has been working steadily towards completing a wireless communications plan. To that end, the Town Planning Director has been in regular contact with the communication consultant hired to do the work. He is reviewing the code relative to wireless facilities and has been gathering the necessary information. He will also be providing valuable tools and information the Planning Board will be able to use to help plan and site future wireless facilities. Thank you very much.' I have a note from the Suffolk County Department of Planning. 'Dear Mrs. Neville, Pursuant to the requirements of the Suffolk County Administrative Code, this application which has been submitted to the County Planning Commission is considered to be a matter of local determination as there is no apparent significant countywide or inter-community impact. The decision of local determination should not be construed as either an approval or a disapproval.' And those are the only salient comments in the tile on tonight's public hearing. . COUNCILMAN KRUPSKI: Thank you. Before we ask for comment, there is just a little explanation why we needed the extension. This Town Board passed the moratorium last July, it was a moratorium for six months. The Planning Director found a consultant that could give us the information that we needed, however the consultant's report couldn't be ready until March; just really weeks after the moratorium ran out, which is the reason for the extension. So if anyone would like to make any comments on the proposed extension, please come up to the microphone and identify yourself. (No response) Do I have a motion to close the hearing~ * * * * * f'L~jfffJJO.~ --;li~;t~~. ~eville Southold Town Clerk , Southold Town Board - Letter r (' ( ( /~_~\._,-~~J'." Board Meeting of January 29, 2008 RESOLUTION 2008-150 ADOPTED Item # DOC ID: 3573 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO, 2008-150 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 29, 2008: . WHEREAS there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 2nd day of January, 2008, a Local Law entitled, "Temporarv Moratorium on the Process in\!. Review of. and makin\! Decisions on applications for Buildin\! Permits. Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" 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 South old hereby ENACTS the proposed Local Law entitled, "Temporarv Moratorium on the Process in\!. Review of. and makin\! Decisions on applications for Buildin\! Permits. Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of South old" reads as follows: LOCAL LAW NO. -1. of 2008 . A Local Law entitled, "Temporarv Moratorium on the Processin\!. Review of. and makin\! Decisions on applications for Buildin\! Permits. Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE AND INTENT The Town Board is considering the important implications of the recent proliferation of wireless communication facilities projects within the Town, including already constructed cell towers, towers currently under Town review and proposed cell tower projects. The Town Board believes that a haphazard, piecemeal approach to the proliferation of such towers could be detrimental to the character of the Town, including its active farmland, open spaces, scenic byways and vistas, all of which the Town has expended substantial resources to preserve, cultivate and maintain. The Town Board recognizes that the existing Zoning Code is inadequate to deal with the inherent conflict between the need for cell towers, for emergency and other communication purposes, and the Town's other planning goals. The size and scale of the Town, the scale of its agricultural and rural history, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past Generated January 30, 2008 Page 42 Southold Town Board - Letter Board Meeting of January 29, 2008 . planning studies) dictate that wireless communication facilities should be placed in a strategic manner so as to coexist as peacefully as possible with the Town's historical, agricultural and rural culture. Regulations on the size, location and appearance of wireless communication facilities are necessary to address the problems these structures create. On July 31, 2007, the Town of Southold adopted a 180-day moratorium on all new wireless communication facilities. The Town Board intended to use the time to formulate a comprehensive plan for wireless facilities, to review the locations, size and appearance of cell towers, and to update and create new legislation to comprehensively meet the long-range goals of the Town. During the moratorium period, the Town retained a new Director of the Planning Department. The Director solicited proposals from several wireless consultants to assist the Town with the aforementioned plan. The Town Board retained one of the consultants who has started work, but has indicated a report and recommendations will not be provided prior to March 3, 2008. The Town Board finds it reasonable and in the public interest to extend the moratorium period for one additional one hundred and eighty (180) days beyond the original expiration period. This will provide the Town adequate time to examine the consultant recommendations, . and draft and adopt necessary code amendments. II. A new Article XXX of Chapter 280 of the Code of the Town of South old is hereby enacted as follows: ~280-165. ARTICLE XXX Moratorium Enactment of Temporarv Moratorium. For a period of One Hundred Eightv (180) Davs following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subiect to any other Local Law adopted bv the Town Board during the One Hundred Eightv (180) Dav period: I) The Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a site plan containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subiect to the time periods specified in Town Law &274-a and Article XXV of the Southold Town Code, including without limitation. provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locallv- enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and staved while this Local Law is in effect. All terms used in this Local Law are as defined in &280-4 of the Code of the Town of Southold. . 2) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make anv decision upon any application for a special exception use permit containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the Generated January 30, 2008 Page 43 I Southold Town Board - Letter Board Meeting of January 29, 2008 3) . 1:1280-166. effective date of this law. and shall not be subiect to the time periods specified in Town Law &274-b and Chapter 280 of the Southold Town Code. including without limitation. provisions relating to the processing. reviewing. holding of hearings and the rendering of decisions. The statutory and locallv-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and staved while this Local Law is in effect. All terms used in this Local Law are as defined in &280-4 of the Code of the Town of Southold. The Building Inspector shall not accept for review. continue review or make anv determination upon anv application for a building permit proposing a WIRELESS COMMUNICATION FACILITY. whether submitted prior to or after the effective date of this law. and shall not be subiect to the time periods specified in Town Law &274-a. Chapter 280 and Article XXV of the Southold Town Code. including without limitation. provisions relating to the processing, reviewing and the rendering of determinations. The statutory and locally- enacted time periods for processing and making determinations on all aspects of said building permit applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in &280-4 of the Code of the Town of Southold. Application. This Local Law shall apply to ALL [new or pending] applications for site plans or special exception use permits for WIRELESS COMMUNICATION FACILITIES in the Town of Southold. . 1:1280-167. Exclusions. This Local Law shall not apply to: 1) Site plans for which final or conditional final approval was granted bv the Planning Board prior to the effective date of this Local Law. 1:1280-168. 2) Aoolications for co-location of wireless telecommunication facilities inside a permitted tower. with no component parts visible from the exterior. Conflict with State Statutes and Authority to Supersede. To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of New York State Town Law, this Local Law supersedes. amends and takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers. pursuant to Municipal Home Rule Law &IO(l)(ii)(d)(3): &IO(l)(ii)(a)(l4) and &22 to supersede any inconsistent authority. In particular. to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law &274-a, &274-b and the provisions and Generated January 30, 2008 Page 44 Southold Town Board - Letter Board Meeting of January 29, 2008 . requirements set forth in Chapter 280 of the Southold Town Code. which require that the Planning Board or Zoning Board of Appeals process. review. hold hearings on. and act upon applications for site plans and special exception use permits within specified time periods. this Local Law suspends and stavs the running of time periods for processing. review. holding hearings on. making decisions. and taking action on such applications provided for in those laws and is intended to supersede and amend anv said inconsistent authoritv. ~280-169. Appeal Procedures. a. The Town Board shall have the authoritv to varv or waive the application of anv provision of this Local Law if. in its legislative discretion. upon its determination. the variance or waiver is required to alleviate an extraordinarv hardship affecting a parcel of propertv. To grant such request. the Town Board must find that a variance or waiver will not adverselv affect the purpose of this Local Law. the health. safetv or welfare of the Town of Southold. or anv comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the propertv. the . range of business opportunities in the vicinitv of the propertv and the surrounding hamlet. the rural. cultural. historic and business character of the hamlet. and the impact of the variance or waiver on the open and recreational space. and transportation infrastructure of the Town. The application must complv with all other applicable provisions of the Southold Town Code. b. Anv request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fiftv ($250.00) dollars for the processing of such application. along with copies of the site development plan and anv related information required in accordance with the procedures set forth in Chapter 280 of the Southold Town Code. c. All such applications shall. within five (5) davs of filing with the Town Clerk be referred to the Planning Board. which shall have ten (10) davs following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board. The Town Board mav . conduct a public hearing and make a final decision on the application. with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ar~c;a:~,...~. Elizabeth A. Neville Generated January 30, 2008 Page 45 I . . Southold Town Board - Letter Board Meeting of January 29,2008 Southold Town Clerk RESULT: ADOPTED [4 TO 1] MOVER: Louisa P. Evans, Justice SECONDER: Vincent Orlando, Councilman AYES: William Ruland, Vincent Orlando, Albert Krupski Jr., Louisa P. Evans NAYS:Thomas H. Wickham ABSENT: Scott Russell Generated January 30, 2008 Page 46 Southold Town Board - Letter Board Meeti~hi;~~ary 29, 2008 RESOLUTION 2008-149 ADOPTED Item # DOC ID: 3574 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-149 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 29, 2008: RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of the local law. extendinl! the moratorium. entitled "Temporary Moratorium on the Processinl!. Review of. and makinl! Decisions on applications for Buildinl! Permits. Site . Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" is classified as a Tvpe II Action pursuant to SEQRA Rules and Ree:ulations, 6 NYCRR Section 617.5, is not subject to review under SEQRA, and is exempt from review under Chapter 268 of the Town Code of the Town of South old, Waterfront Consistency Review. Pta~Cl"Q~~J... Elizabeth A. Neville Southold Town Clerk . RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans ABSENT: Scott Russell Generated January 30, 2008 Page 41 COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING TH~EW;;,QCP DIRE~'tOR OF PLANNING January 28, 2008 rT oor,Q (. L'll Ms. Elizabeth Neville, Town Clerk Town of South old Planning Bd. 53095 Main Road - P.O. Box 1179 Southold, NY 11971 'T "",,11 Sou\\,'J~ ll/;/~\ "...I;;~ . Applicant: Zoning Action: Town of South old Amendment: "Wireless Communication Facilities" Moratorium Extension 76 & 77 7117/07 SD-07-06 Reso. Nos.: Public Hearing Date: SCPC File No.: 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, APF:cc G:\CCHORNY\ZONING\ZONING\WORKING\LD2005\APRISHOS.9.APR LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY . MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE. NY 11788-0099 . (631)853-5190 TELECOPIER (631) 853-4044 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair PLANNING BOARD OFFICE TOWN OF SOUTH OLD RECEIVED JAN 2 8 2008 MEMORANDUM Southold Town Clerk . To: Scott Russell, Town Supervisor, and Town Board Members cc: Elizabeth Neville, Town Clerk From: ~. Jerilyn Woodhouse, Planning Board Chairperson '..ilJ. Ii( (J { January 23, 2008 Date: Re: Wireless Communication Facilities Moratorium extension Resolutions 76 & 77 . Thank you for your request for comments from the Planning Board regarding the proposed extension of the wireless communication facilities moratorium. We support the extension ofthe moratorium to allow the Town adequate time to prepare and plan for wireless facilities that are compatible with the character of Southold. The Town has been working steadily towards completing a wireless communications plan. To that end, the Town Planning Director has been in regular contact with Walter Cooper, the wireless communications consultant hired to work on the plan. Mr. Cooper is reviewing the Town Code relative to wireless facilities, and has been gathering the necessary information to determine the current wireless coverage, and make recommendations on future coverage. He will also be providing valuable tools and information the Planning Board will be able to use to help plan and site future wireless facilities. 01/28/2008 11:36 631-853-4044 S C PLANING DEPT PAGE 02 COUNTY OF SUFFOLK (i) STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS 1~1iSf't1~P,~ D DIRECTOR oI"h'..~iNG DEPARTMENT OF PLANNING January 28,2008 .!t' : C 2008 Ms, Elizabeth Neville, Town Clerk Town of Southold Planning Ed. 53095 Main Road - P.O. Box 1179 Soutnold, NY 11971 s~"" '~T. .' C':k . Applicant: Zoning Action: Town of Southold Amendmenr: "Wireless Communication Facilities" Moratorium Extensi on 76 & 77 7/17/07 SD-07-06 Reso. Nos.: Public Hearing Date: SCPC File No.: Dear Ms, Neville: Pursuant to the requirements ofSectioDs A 14-14 to 23 efthe Suffolk County Administrative Cede, the abovc referenced application, whIch has been submitted, to th.e Suffolk COUDty P1anDing Commission is considered to be a matter fer local determination as there is no apparent significant county-wide or mter-communiry jmpaet(s). A decision of lecal determination should not be constru;cd as either an approval or disapproval. . Very truly yours, APF:cc G:\CCHOF\NY\ZONING\lONING\WORKING\LD2005\AP~\$HOS-9.A"~ LOCATION H. LEE DENNISON BtDG, . 4TH FtOOR 100 VETERANS MEMORIAL HIGHWAY . MAILING ADDRESS p. O. BOX 6100 HAUPPAUGE. NY 11788-0099 . (631) 853-5190 TELECOPIER (631J 853-4044 #8684 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that 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 Notic~ of which the annexed is a printed copy, has been regularly published in said Newspaper once a week for -1- week(s), successively, commencing on the 24th day of January. 2008. Sworn to before me this J0 LEGAL NOTICE NOTICE OF PUBUC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, .Suffolk Coun-' ty, New York, on the 2nd day of January, 2008, a Local Law entitled, "Temponu'.)' Moratorium on tbe Pmcesliinf Review of. and mAid.., Deridnn'll on aDDlita. fions for Boildinr Permits.. Site Plus and Spedal Ex~tion Use-PenniU for Wirele51il Communication Fad.ides in tbe Town of Snnfhold" and NOTICE IS HEREBY FURlHER 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 29th day of January, 2008, at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "Temnorarv Moratorium on the Pro_ ftsdOf Review of. and makinI!' Ded- sions on aBDUcations fol' RBi.dinl!' Pe.... mits. Site P.aD!Ii and Snerial ExftDtioD Use Permits for Wireles.'i Communica_ tion Fadlitie!li ill tllie Town of Southold" reads as follows: LOCAL LAW NO _ 012007 A Local Law entitled, "TetqnOrarv Montorimn on the ~n.. Review of. JUHI m;'kI~ .Derido.s - on .BDIka- "nDIi: tor BlliLli~r Penni~ Site Plan!ll .... SDetDl F.ueafion IJlIle 'Permltfi f. Wireless Communication Fadlitie!li in the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as fol- lows: I. PURPOSE AND INTENT The Town Board is considering the important implications of th,e recent proliferation of wireless communica- tion facilities projects within the Town, including already constructed cell tow- ers, towers currently under Town review and proposed cell tower projects. The Town Board believes tbat a hapbazard, piecemeal approach to the proliferation of such towers could be detrimental to !!~ ~'C' k nnclpa er day of~rv~ 2008 . U!fV'[;V7ntR lAD ~~/V CHRISlINA VOLlNSKI OF NEW YORK NOTARY PUBLIC-STATE NO 01_V06105050 , ff Ik counly Qualified In Su 0 28 2008 \ Exp\feS februQ(Y , commls$ on the character at tbe Town, including its active farmland, open spaces, scenic by- ways and vistas, all of which the Town has expended substantial resources to preselVe, cultivate and maintain. The Town Board recognizes that the - exist- ing Zoning Code is inadequate to deal with the inherent conflict between the need for cell towers, for emergency and other communication purposes, and the Town's other planning goals. The size and scale of the Town, the scale of its agricultural and rural history, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that wireless communication facilities should be placed in a strategic manner so as to coexist as peacefully as possible with the Town's historical, ag- ricultural and rural culture. Regulations on the size, location and appearance of wireless communication facilities are necessary to address the problems these structures create. On July 31, 2007, the Town of Southold adopted a lBO-day moratori- um on all new wireless communication facilities. The Town Board intended to use the time to formulate a compre- hensive plan for wireless facilities, to review the locations, size and.appear- ance of cell towers, and to update and create new legislation to comprehen- sively meet the long-range goals of the Town. During the moratorium period, the Town retained a new Director of the Planning Department. The Director so- licited proposals from several wireless consultants to assist the Town with the aforementioned plan. The Town Board retained one of the consultants who has started work, but has indicated a report and recommendations will not be pro- vided prior to March 3,2008. The Town Board finds it reasonable and in the public interest to extend the moratorium period for one additional one hundred and eighty (180) days be- yond the original expiration period, This will provide the Town adequate time to examine the consultant recommenda- tions, and draft and adopt necessary code amendments. II. A new Article XXX of Chapter 280 of the Code oftheToWD of South old is hereby enacted as foUows: ARnCI,F, XXX MOl'Btorium 1280-165. Enactment of Temnomry Moratorium. For a "eriod of One Hundred Ei~hty (18m Davs followinp- the effective date of this local Law after which date this Local I aw shall lame and he without further force and effect and subiect to any oth~r LOCHI Law Hdopted bv th~ Town Board durin'!:!, the One Hundred Eightv (180) Dav period: 1) The Planninf' Board shall not ac- ceot for review continne review hold a hearinP or make anv deci~ion uoon anv aonlication for a site Dlan cont::lininll' a WIRELESS COMMUNICATION FA- en ITY wh~ther suhmitted nrior to or after the effectiv~ date of this law and shall nol he subiect to the time neriods snecified in Town Law &274-a and Ar- ticle XXV of the Southold Town Code including without limitation orovisions relating to the processinr reviewini holding of hearings and the renderinll of decisions. The statutorY and locally- enacted time neriods for nrocessinp and makinI!' decisions on all aspects of said site olan applications are susnended and staved while this Local T aw is in effect All terms used in this Local T.aw are as defined in &280-4 of the Code of the Town of Southold 2) The Zonin{' Board of Anneals shall not acceDt for review continue review hold a hearinp on continue a hearinp or make any decision unon any annlication for a snecial exceotion use Dermit containinl!' a WIRELESS COM- MUNICATION FAnl lTY whether suhmitted nrior to or after the effec. tive date of this law and shall oot he subiect to the time periods soecified in Town Law &274-h and Chanter 280 of the Southold Town Code includinl!' without limitation nrovisions relatin~ to the nrocessinp- reviewin!:!' holdinl!' of hearinp-s and the rend~rinv of decisions. The statutory and locallv-enacted time Deriocts for nrocessinp and makinI' de- cisions on all aspects of said snecial ex- cention use nerroits are susoended and staved while this T neal Law is in effect. All terms used in this Local raw are as defined in &280-4 of the ('.ode of the Town of Southold 3) The Buildinp Insnector shall not accent for review continue review or make any determination noon anv annli- cation for a buildinp- permit omnosiml a WIRFI FSS COMMUNICATION FA. ' CILITY whether sllhmitted orior to or after the effective date of this law and shall not he sub;ect to the time oeriods soecified in Town Law &?:74-a Chanter 280 and Article XXV of the Southold Town Code includinp' without limita- tion provisions relatinp to the nrocess- in~ reviewinQ' and the renderinp' of de- terminations. The statutotv and locally- enacted tim~ neriods for orocessinl!' and makinp determinations on all asnect'l of said hllildinQl nermit aonlications are sm'PPrnd~d and staved while this Local Law is in effect All terms used in this Local Law are as defined in &280-4 of the ('.-Ode of the Town of Southold ~2RO-166. Aoolication. This l,(lcal I..aw shall annlv to AI J (new or pendinpl apolications for site olans or soecial excention use oermits. for WIRELESS COMMITNICATION FACILITIES in the Town of Southold. ~280-167. RxdUsion!i. This Local Law shall not annlv to: 1) Site Dbms for which final or condi- tional final anoroval was I!'ranted, hv the Planuinl'" Board orior to the effective date of this Local Law. 2) AODlications for co-location of wireless telecommunication facilities inside a nermittf".cI tower with no corn- oonent part.'l visible from the exterior UIQ..l6K.. CmdliM with State Statntes and Authoritv to !'Iqpenede. To the extent that any provisions of this Local l..aw are in conflict with or are construed as inconsistent with the orovisions of New York State Town Law this Local Law Sllnersedes. amends and takes nrecedence. over NYS Town Law nursuant to the Town's municinal home rule powers nursuant to Munici- oal Home Rule Law &10(1 )(ij)(d)(::n. &10(1)(ii)(a )(14) and &22 to supersede any inconsistent authority. In Darticular to the extent and de- I!ree any nrovisions of this Local I.aw are construed as beinl' inconsistent with the nrovisions of Town Law &274-a &274-b and the nrevisions and recllIire- ments set forth in Chanter 280 of the Southolct Town Code wbich reclIIire that the Planning Board or Zoninv Board of Anneals process.. review hold hearin",s on and act unon annlications for site Dlans and special exception use permits within snecified tim~ periods this Local Law susoends and stays the runnin!:!' of time oeriods.for nrocessin~ review holdinQ' hearinps on makin~ de- cisions and taking action on such appli- cations nrovided for in those laws and is intended to suoersede and amend any said inconsistent authority. 6280-169. Aooeal Procedures. a. The Town Board shall have the authority to varY or waive the annlicll_ tion of anv Drovision of this I.ncal Law if in its lemslative discretion uoon its determination the variance or waiver is reauired to alleviate an extraordinarY hard'lhip affectinf' a narcel of oronerty To lmmt such reauest the Town Board must find that a variance or waiver will not adversely affect the numose of this Local 1 JlW the health safety or welfare of the Town of Southold or anv comnre- hensive nlannin~ efforts beinp under_ taken in the Town. The Town Board shall take into account the existinp land use in the immediate vicinitv of the prop- ertv the ranl!'e of business onnortunities in the vicinity of the oronertv and the surroundin~ hamlet the rural cultural historic and business character of the hamlet and the impact of the variance or waiver on the onen and recreational soace and transoortation infrastmcture of the Town. The aonlication mn'lt com_ olv with all other annlicable omvisions of the Southold Town ('.-Ode b. Any reauest for a variance or waiv- ershall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.0m dollars for the orocessinu of such aoolication alonp with conies of the site develonment Dlan and any relat- ed information reouired in acc.-Ordance with the nrocedures set forth in Chanter 280 of the Southold Town Code. c. All such anolications shall within five (5) days of minI!' with the Town Clerk he referred to the Planninv Board which shall have ten nO! davs followin", receiot to make a recorn_ mendationto an prove or disannrove a variance or waiver of this Local I..aw The' application and recOmmendation shall be transmitted to the Town Board. The Town Board mav conduct a nublic hearing and make a final decision on the application with or without conditions. Final annroval .is reserved to -the abso- lute levislative discretion of the Town ll<lar.<L m. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitu- tional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect im~ medi~tely upon filing with the Secretary of State as provided, by law. Dated: January 2;2008 BY OIWER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 8684-1 T 1/24 r 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 FlU< (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January IS, 200S PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on January 29, 200S at 7:35 p.m. on the proposed Local Law entitled ."A Local Law in relation to Temporary Moratorium on the Processinl!:, Review of, and makin!! Decisions on applications for BuUdin!! Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ,rrtr.<4a~-'t/'" 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 old Town Building Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: 0/22.-()f( Title: tOt))r1 ClEf 1:.. Signature, Received By dlrlr1m (Jr~ Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIVED " I' C 4 2'no" \}f-l,:< L '!.,\ e, Southolri Town C1er! 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 January 18, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on January 29, 2008 at 7:35 p.m. on the proposed Local Law entitled .'A Local Law in relation to Temporary Moratorium on the Process in!!. Review of. and makin!! Decisions on applications for Buildin!! Permits. Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" Please sign the duplicate of this letter and return to me at your earliest convenience in the self~addressed r,{'"r'''-D envelope. Thank you. . ,',.., a1"ht,faQ~~L.' Elizabeth A. Neville Town Clerk 1/ < "." ?nr'l) v\ . 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 l' ~ Sig~:1~ed B~v~rr'~ Date: 1-2---S -o'Si( jl1'00A Please print name ((Ar-J'[1~l? B- Title: S.e..G--t, ks ~. DUPLICATE TO BE SIGNED AND RETURNED TO SOUTH OLD TOWN CLERK ^' '3 {"J', 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 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 18, 2008 "I Jf\.N 2. 2.' PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on January 29, 2008 at 7:35 p.m. on the proposed Local Law entitled .'A Local Law in relation to Temporary Moratorium on the Processinl!. Review of. and makinl! Decisions on applications for Buildinl! Permits. Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" Please sign the duplicate of this letter and return to me at your earliest convenienc~ri~1h~::Pelf-addressed envelope. Thank you. P!rt~Q2f',..,:t40' Elizabeth A. Neville Town Clerk ?~r"q t , ;;i . 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 ~-~~ Signature, Recei (] By , I1tc'lA--e LJ: ~/~ Please print name Date: .~~~~ Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTH OLD TOWN CLERK " Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER C.;.:..,.,) OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD I'" l " iOC3 January 18, 2008 '.\ T. .., "'.,1. ,-,,,,-I. ,_",,,~ PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on January 29, 2008 at 7:35 p.m. on the proposed Local Law entitled . "A Local Law in relation to Temporary Moratorium on the Processinl!:, Review of, and makinl!: Decisions on applications for Buildinl!: Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. P!'1*~C7.2;k~:t/.' 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 '_ ' ~>L~ J,~&~~- Date: tj2'z!o7 Title: J{yVl.tl~J~ Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTH OLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net -...............- OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 18, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on January 29, 2008 at 7:35 p.m. on the proposed Local Law entitled .'A Local Law in relation to Temporary Moratorium on the Processinl!, Review of, and makinl! Decisions on applications for Buildinl! Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ar~a2f'~~' 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 ~i~eBf~ /)&('0 ~ ~ {{l.r-v'- Please pri~me Date: " ., Title: ~ C..l....fR..~ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIVED JAN 24 2008 Southolrl Town C1er~ 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 . -r'~ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD -,", ' , , , January 18, 2008 f:~ ,., \....n \....~~I PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on January 29, 2008 at 7:35 p.m. on the proposed Local Law entitled ."A Local Law in relation to Temporary Moratorium on the Processin2. Review of. and makin2 Decisions on applications for Buildin2 Permits. Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" Please sign the duplicate of this letter and return to me at your earliest convenience in the self~addressed envelope. Thank you. Ptr~Q'Q,.JII4' Elizabeth A. Neville Town Clerk . Attachments cc: Suffolk County Department of Planning V illage of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ~~..~~ Signature, ecelved By Su riA J... Sckvrn-e.LY1 Please print name Date: //).~/o8 Title: 10 u-! III Ck!UL DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK REGIVLD I' :: ~ SUUJ:lc!rl Town CIerI, , , 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 F;'7rrnr-'D "."'-."-,;,,,: January 18, 2008 2008 c " '. - "'.. ,~ PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on January 29, 2008 at 7:35 p,m, on the proposed Local Law entitled . "A Local Law in relation to Temporary Moratorium on the Processinl!:. Review of. and makinl!: Decisions on applications for Buildinl!: Permits. Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope, Thank you, P~~14Q.'z:;k~~' 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 ~f) ~rd'fsA-lt' Signa ure, ReceIved By Date: i / ()JI 0 g- , ~ (Lunu1 S; +a('d(~ h Please print name Title: ~'~(" n ~<;I'",kli)t- DUPLICATE TO BE SIGNED AND RETURNED TO SOUTH OLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 18, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on January 29,2008 at 7:35 p.m. on the proposed Local Law entitled ."A Local Law in relation to Temporary Moratorium on the Processin!!. Review of. and makin!! Decisions on applications for Buildin!! Permits. Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" Please sign the duplicate of this letter and return to me at your earliest convenience in the selt~addressed envelope. Thank you. /"'tr~Q.rt~'!J.. 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 fd~(clEU\'l~D . 'l ;'f<');l/ (Lt.., J t. {. , Signature, Received By Date: JAH 23 am Title: BOARD OF APPEALS Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD FAX TRANSMITTAL . To: Andrew Freeling Suffolk County Department of Planning From: Linda J. Cooper, Deputy Town Clerk Dated: January 18, 2008 Re: Request for recommendation Number of Pages (including cover): 7 . If total transmittal is not received, please call 631-765-1800, Ext 210 COMMENTS: Our Town Attorney requested I fax this to you. Town Hall, 53095 Main Road P.O. Box I] 79 Southold, New York]] 971 Fax (63]) 765-6]45 Telephone (63]) 765-]800 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFTICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box II 79 Southold, New York II971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 17, 2008 . Re: Reso.'s 76 & 77 regarding proposed Local Law in relation to "Amendments to Temporary Moratorium on the processing, review of, and making decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of South old" Jerilyn B. Woodhouse, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road, PO Box 1179 Southold, New York 11971 Dear Ms. Woodhouse: The Southold Town Board at their regular meeting on January 2, 2008 adopted the above resolutions. Certified copies of same are enclosed. . Please prepare an official report defining the Planning Commission'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 Commission for their review. The date and time for the public hearing is Januarv 29. 2008 at 7:35PM. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, ~Q.nN~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 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 17,2008 . Re: Reso.'s 76 & 77 regarding proposed Local Law in relation to "Amendments to Temporary Moratorium on the processing, review of, and making decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of South old" Andrew Freeling Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freeling: The Southold Town Board at their regular meeting on January 2, 2008 adopted the above resolutions. Certified copies of same are enclosed. . Please prepare an official report defining the Planning Commission'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 Southold Town Planning Board for their review. The date and time for the public hearing is January 29. 2008 at 7:35PM. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, ~~ Elizabeth A. Neville Southold Town Clerk Enclosures cc: Town Board Town Attorney Southold Town Board - Letter Board Meeting~Uary 2, 2008 RESOLUTION 2008-77 ADOPTED Item # DOC 10: 3490 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-77 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 2, 2008: RESOLVED that the Town Board of the Town of Southold hereby directs the Town Clerk to transmit the proposed Local Law entitled. "Temporary Moratorium on the Processinl!:. Review of. and makinl!: Decisions on applications for BuiIdinl!: Permits. Site Plans and . Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" to the Suffolk Countv Planninl!: Department and the South old Town Planninl!: Board for their recommendations. PR~~O~~:tk. Elizabeth A. Neville South old Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell . Generated January 15,2008 Page 23 ,. LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 2nd day of January, 2008, a Local Law entitled, "Temporarv Moratorium on the Processinl!. Review of. and makinl! Decisions on applications for Buildinl! Permits. Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of South old" 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 29th day of January, 2008, at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. . The proposed Local Law entitled, "Temporarv Moratorium on the Processinl!. Review of. and makinl! Decisions on applications for Buildinl! Permits. Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" reads as follows: LOCAL LAW NO. _of 2007 A Local Law entitled, "Temporarv Moratorium on the Processinl!, Review of. and makinl! Decisions on applications for Buildinl! Permits. Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as follows: . I. PURPOSE AND INTENT The Town Board is considering the important implications of the recent proliferation of wireless communication facilities projects within the Town, including already constructed cell towers, towers currently under Town review and proposed cell tower projects. The Town Board believes that a haphazard, piecemeal approach to the proliferation of such towers could be detrimental to the character of the Town, including its active farmland, open spaces, scenic byways and vistas, all of which the Town has expended substantial resources to preserve, cultivate and maintain. The Town Board recognizes that the existing Zoning Code is inadequate to deal with the inherent conflict between the need for cell towers, for emergency and other communication purposes, and the Town's other planning goals. The size and scale of the Town, the scale of its agricultural and rural history, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that wireless communication facilities should be placed in a strategic manner so as to coexist as peacefully as possible with the Town's historical, agricultural and rural culture. Regulations on the size, location and appearance of wireless communication facilities are necessary to address the problems these structures create. On July 31, 2007, the Town of Southold adopted a 180-day moratorium on all new wireless communication facilities. The Town Board intended to use the time to formulate a comprehensive plan for wireless facilities, to review the locations, size and appearance of cell towers, and to update and create new legislation to comprehensively meet the long-range goals of the Town. During the moratorium period, the Town retained a new Director of the Planning Department. The Director solicited proposals from several wireless consultants to assist the Town with the aforementioned plan. The Town Board retained one of the consultants who has started work, but has indicated a report and recommendations will not be provided prior to March 3, 2008. The Town Board finds it reasonable and in the public interest to extend the moratorium period for one additional one hundred and eighty (180) days beyond the original expiration period. This will provide the Town adequate time to examine the consultant recommendations, and draft and adopt necessary code amendments. . II. A new Article XXX of Chapter 280 of the Code of the Town of South old is hereby enacted as follows: 11280-165. ARTICLE XXX Moratorium Enactment of Temporary Moratorium. For a period of One Hundred Eighty (180) Davs following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subiect to any other Local Law adopted by the Town Board during the One Hundred Eighty (180) Day period: I) The Planning Board shall not accept for review, continue review. hold a hearing or make anv decision upon any application for a site plan containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subiect to the time periods specified in Town Law &274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing. reviewing, holding of hearings and the rendering of decisions. The statutory and locallv-enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and staved while this Local Law is in effect. All terms used in this Local Law are as defined in &280-4 of the Code of the Town of Southold. . 2) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on. continue a hearing or make anv decision upon any application for a special exception use permit containing a WIRELESS COMMUNICA nON FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subiect to the time periods specified in Town Law &274-b and Chapter 280 of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of 3) . &280-166. decisions. The statutorv and locallv-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and staved while this Local Law is in effect. All terms used in this Local Law are as defined in ~280-4 of the Code of the Town of South old. The Building Inspector shall not accept for review, continue review or make anv determination upon anv application for a building permit proposing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subiect to the time periods specified in Town Law ~274-a. Chapter 280 and Article XXV of the Southold Town Code. including without limitation. provisions relating to the processing. reviewing and the rendering of determinations. The statutory and locallv-enacted time periods for processing and making determinations on all aspects of said building permit applications are suspended and staved while this Local Law is in effect. All terms used in this Local Law are as defined in ~280-4 of the Code of the Town of Southold. Application. This Local Law shall applv to ALL r new or pending 1 applications for site plans or special exception use permits for WIRELESS COMMUNICATION FACILITIES in the Town of South old. &280-167. Exclusions. This Local Law shall not applv to: . &280-168. 1) Site plans for which final or conditional final approval was granted bv the Planning Board prior to the effective date of this Local Law. 2) Applications for co-location of wireless telecommunication facilities inside a permitted tower. with no component parts visible from the exteri or. Conflict with State Statutes and Authority to Supersede. To the extent that anv provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of New York State Town Law. this Local Law supersedes. amends and takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers. pursuant to Municipal Home Rule Law ~ I 0(1 )(ii)( d)(3); ~ 1O(l)(ii)( a)(l4) and ~22 to supersede anv inconsistent authoritv. In particular. to the extent and degree anv provisions of this Local Law are construed as being inconsistent with the provisions of Town Law ~274-a. ~274-b and the provisions and requirements set forth in Chapter 280 of the Southold Town Code. which require that the Planning Board or Zoning Board of Appeals process, review. hold hearings on, and act upon applications for site plans and special exception use permits within specified time periods, this Local Law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. ~280-169. Appeal Procedures. . a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion. upon its determination, the variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this Local Law. the health, safety or welfare of the Town of South old, or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural. cultural. historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure ofthe Town. The application must complv with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be tiled with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with copies of the site development plan and any related information required in accordance with the procedures set forth in Chapter 280 of the Southold Town Code. . c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) davs following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board. The Town Board may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: January 2, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JANUARY 24. 2008, AND FORWARD ONE (I) AFFIDA VIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK TOWN HALL P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members TC's Bulletin Board Planning Board ZBA Trustees Town Attorney Building Department . . STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of South old, New York being I a.-tU '\ duly sworn, says that on the ~ day of \_IQJ'#.."'''O ' 2007, she affixed a V notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Notice of Public Hearing - Cell Tower Moratorium - 1/29/08 7:35 pm . ~P/~~~ lizabeth A. Neville Southold Town Clerk Sw~ before m this ..lS:: day of . LYNDA M. BOHN NOTARY PUBLIC, Slale of New York No. 01 B06020932 Qualified in Suffolk Coun~ Term Expires March 8, 204- Southold Town Board - Letter . (. Board Meeting Of~~U~ 2, 2008 RESOLUTION 2008-76 ADOPTED Item # DOC ID: 3489 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-76 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 2, 2008: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 2nd day of January, 2008, a Local Law entitled, "Temporary Moratorium on the Processine:. Review of, and makine: Decisions on applications for . Buildine: Permits. Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 29th day of January. 2008, at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. . The proposed Local Law entitled, "Temporary Moratorium on the Processine:, Review of. and maldne: Decisions on applications for Buildine: Permits. Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" reads as follows: LOCAL LAW NO. _of 2007 A Local Law entitled, "Temporary Moratorium on the Processine:. Review of. and makine: Decisions on applications for Buildine: Permits. Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold". BE IT ENACTED by the Town Board of the Town of South old as follows: Generated January 15,2008 Page I 7 Southold Town Board - Letter Board Meeting of January 2, 2008 I. PURPOSE AND INTENT The Town Board is considering the important implications of the recent proliferation of wireless communication facilities projects within the Town, including already constructed cell towers, towers currently under Town review and proposed cell tower projects. The Town Board believes that a haphazard, piecemeal approach to the proliferation of such towers could be detrimental to the character of the Town, including its active farmland, open spaces, scenic byways and vistas, all of which the Town has expended substantial resources to preserve, cultivate and maintain. The Town Board recognizes that the existing Zoning Code is inadequate to deal with the inherent conflict between the need for cell towers, for emergency and other communication purposes, and the Town's other planning goals. The size and scale of the Town, the scale of its agricultural and rural history, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that wireless communication facilities should be placed in a strategic manner so as to coexist as peacefully as possible with the Town's historical, agricultural and rural culture. Regulations on the size, location and appearance of wireless communication facilities are necessary to address the problems these structures create. On July 31, 2007, the Town of Southold adopted a 180-day moratorium on all new wireless communication facilities. The Town Board intended to use the time to formulate a comprehensive plan for wireless facilities, to review the locations, size and appearance of cell towers, and to update and create new legislation to comprehensively meet the long-range goals of the Town. During the moratorium period, the Town retained a new Director of the Planning Department. The Director solicited proposals from several wireless consultants to assist the Town with the aforementioned plan. The Town Board retained one of the consultants who has started work, but has indicated a report and recommendations will not be provided prior to March 3, 2008. The Town Board finds it reasonable and in the public interest to extend the moratorium period for one additional one hundred and eighty (180) days beyond the original expiration period. This will provide the Town adequate time to examine the consultant recommendations, and draft and adopt necessary code amendments. II. A new Article XXX of Chapter 280 of the Code ofthe Town of Southold is hereby enacted as Generated January 15,2008 Page 18 . . . . Southold Town Board - Letter Board Meeting of January 2, 2008 follows: ARTICLE XXX Moratorium &280-165. Enactment of Temporary Moratorium. For a period of One Hundred Eighty (180) Days following the effectiye date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the One Hundred Eighty (180) Day period: I) The Planning Board shall not accept for reYlew, continue revIew. hold a hearing or make any decision upon any application for a site plan containing a WIRELESS COMMUNICATION FACILITY. whether submitted prior to or after the effective date of this law, and shall not be subiect ta the time periods specified in Town Law G274-a and Article XXV of the Southold Town Code, including without limitation. provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally- enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in G280-4 of the Code of the Town of South old. 2) The Zoning Board of Appeals shall not accept for review. continue review, hold a hearing on. continue a hearing or make any decision upon anv application far a special exception use permit containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law. and shall not be subject to the time periods specified in Town Law G274-b and Chapter 280 of the Southold Town Code. including without limitation, provisions relating to the processing, reviewing, holding of Generated January 15,2008 Page 19 Southold Town Board - Letter Board Meeting of January 2, 2008 hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in &280-4 of the Code of the Town of Southold. 3) The Building Inspector shall not accept for reyiew. continue reyiew or make any determination upon any application for a building permit proposing a WIRELESS COMMUNICATION FACILITY. whether submitted prior to or after the effective date of this law. and shall not be subiect to the time periods specified in Town Law &274-a. Chapter 280 and Article XXV of the Southold Town Code. including without limitation. provisions relating to the processing. reviewing and the rendering of determinations. The statutory and locallv- enacted time periods for processing and making determinations on all aspects of said building permit applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in &280-4 of the Code of the Town of Southold. &280-166. Application. This Local Law shall apply to ALL [new or pendingl applications for site plans or special exception use permits for WIRELESS COMMUNICATION FACILITIES in the Town of Southold. &280-167. Exclusions. This Local Law shall not apply to: D Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date ofthis Local Law. 2) Applications for co-location of wireless telecommunication facilities inside a permitted tower. with no component parts visible from the exterior. &280-168. Conflict with State Statutes and Authority to Supersede. To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of New York State Town Law. this Local Law supersedes. amends and takes precedence over NYS Town Law pursuant to the Town's Generated January 15,2008 Page 20 . . . . Southold Town Board - Letter Board Meeting of January 2, 2008 municipal home rule powers. pursuant to Municipal Home Rule Law &IO(I)(ii)(d)(3): &I0(1)00(a)(14) and &22 to supersede any inconsistent authority. In particular. to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law &274-a. &274-b and the provisions and requirements set forth in Chapter 280 of the Southold Town Code. which require that the Planning Board or Zoning Board of Appeals process. review. hold hearings on. and act upon applications for site plans and special exception use permits within specified time periods. this Local Law suspends and stays the running of time periods for processing. review. holding hearings on. making decisions. and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. &280-169. Appeal Procedures. a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if. in its legislative discretion. upon its determination. the variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request. the Town Board must find that a variance or waiver will not adversely affect the purpose of this Local Law. the health. safety or welfare ofthe Town of Southold. or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the propertv. the range of business opportunities in the vicinitv of the propertv and the surrounding hamlet. the rural. cultural. historic and business character of the hamlet. and the impact of the variance or waiver on the open and recreational space. and transportation infrastructure of the Town. The application must complv with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application. along with copies of the site development plan and any related information required in accordance with the procedures set forth in Chapter 280 of the Southold Town Code. c. All such applications shall. within five (5) days of filing with the Town Clerk be referred to the Planning Board. which shall have ten (10) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board. The Town Board may Generated January 15,2008 Page 21 Southold Town Board - Letter Board Meeting of January 2, 2008 conduct a public hearing and make a final decision on the application. with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ~,,~Cl.Q~tJ... Elizabeth A. Neville Southold Town Clerk . RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell . Generated January 15,2008 Page 22 #8806 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that 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 1st day of Mav. 2008. ~~ [/ , ' 'Principal Clerk Sworn to before me this day of ~ 2008 ~~ ~~ ~ ISTIt~ VOLINSKI ..: ~~TARY PUBLIC-STATE OF NEW YORK No. Ol -VOt5105050 auallfled In Suffolk County Ny Commisslon Ezplres Febmary 28, 4872 LECAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN WHEREAS there has been present- ed [o the Town Board of the Town of Southold, Suffolk County, New York, on the 2nd day of January, 2008, a Lo- cal Law en[i0ed, "TOpporarv Monto- t~ ou the Prores®ng, R w of . d 181k1ng D ' 'one plicati r BuOd.oa P rmifs S't plea dip sial E Boo a Pe fo W 1 Commuoi tionF 'ItBes' the To f Soethohl" 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 [he Town Board of the Town of Southold hereby ENACi'S [he proposed Local Law entitled, "Tem- porarv Morato ' on th rove 'ng, Review of, and making Decisions on appBcations for Build' g Permits Site Plam d Spe 'al E ce lion U Per mils for Wireless Comm floe F '1'- ties in the Town of S [hold" reads as follows: LOCAL LAW NO.1 of 2006 A Local Law entitled, "Tempo y Moratorium on the Proves'' g R ' Df d aki g Dec' ' o ppl'ca fio for B 'Iding P mil S't Pla and Special E ceptio Use P rmifs fo Wi less C man' 'on Fa 'lilies ' the Town o[ S !hold". BE IT ENACTED by the Town Board of the Town of Southold as follows: LPURPOSEAND INTENT The Town Board is considering the important implications of [he recent proli[era[ion of wireless communica- tion facilities projects within [he Town, including already constructed cell tow- ers, towers currently under Town review and proposed cell tower projects. The Town Board believes that a haphazard. piecemeal approach to [he proliferation of such towers could be detrimental to [he character of the Town, including its active farmland, open spaces, scenic by- ways and vistas, all o[ which the Town has expended substantial resources to preserve, cultivate and maintain. The Town Board recognizes that [he exist- ing Zoning Code is inadequate to deal with the inherent conflict between the need for cell towers, for emergenry and other communication purpose; and the Tovm's other planning goals. The size and scale of the Toum, the scale of its agricultural and coral history, and the long-range goals of the Town (as se[ forth m the recently adopted Ham- let Study and other past planning stud- ies) dictate that wireless communication facilities should be placed in a strategic manner so as to coexist as peacefully as possible with [he Town's historical, agri- cultural and rural culture. Regulations on the size, location and appearance of wireless communication facilities are necessazy [o address the problems these structures create. On July 31, 2007,theTbwn of Southold adopted a 180-day moratorium on all new wireless communication facilities. The Town Board intended [o use the time to formulate a comprehensive plan for wireless facilities, to review [he loca- tions, size and appearance of cell towers, and to update and create new legislation to comprehensively meet [he long-range goals of the Town. During [he moratori- um period, [he Town retained a new Di- rector of the Planning Depaztment. The Director solicited proposals from sever- alwireless wnsultants to assist the Town with the aforementioned plan. The Town Board retained one of the consultants who has started work, but has indicated a report and recommendations will not be provided prior to Mazch 3, 2008. The Town Board fmds it reasonable and m the public ivterest to extend the moratorium period for one additional one hundred and eighty (l80) days be- yond the original expiration period. This will provide the Town adequate time to examine the consultant recommenda- tion; and drag and adopt necessary code amendments. II. A new Article XXX of Chapter 280 of the Code of the Town of Southold is hereby enacted as follows: ARTICLE XXX Moratorium #260.165. Enachnent of Te nrv Momtorium. Fpr d f 0 ° H d d E. htv (180) Days following th ffe fi dal ~ th' Lo I L f[e h' h d t th's Loc I L hall I D and b 'th t fm[her force and eff t d s bj t [o an ter Local La d wt d by th Town Board during [he O Hu d d Eieh[y 180) Day oe iod~ 1) The Planniog Board shall t ae- ceD[ for review time ~ew h Id a hearing or make a v d cis o pon a y app! f n f s t ~ pl ont ~ ~ g_a WIRELP.SS COMMUNI ATION FA- CILITY. whether submitted p 'or to after the effective date of this law and smell no[ be subject to th C do specified in T L 5274- a d A- ticle XXV of the Southold Town ode including without lima t on p 's one relating to th oroc ~ g ing holding of hearings a d the r~ d ~ g of decisions The statutory d for 11~ enacted ['m period f pme g and making d ~ ~ ns o II asp t of 'a'd TION FACILITY wh th r sub ~tted vrior to or after the effeetiv d to of th' law. and shall not b bj ct to th time Deriods ifi d ' To t w 5274 6 and Ch D[e 280 f th S !hold T n Code including w th ut 1~ 't t'o vrov' ~ relafrlg to th pr es~ng, time Deriods for pro essing nd m long determinations on 11 asp is of 'd building cerm~t aootwtions a su - pendedand stayed while this Local Law is m effect All terms used in [hi I cal Law are as defined' 5280-4 f th ode of [he Town of S uthold S4B0-166 Apol' lion 'tll~ Local La sh U ply t AI L new or ending] p 1' aC for ~[ Dlans or ceci 1 x apf p 'ts f WIRFI COMM 1NI ATION FACILITIES in th T wn f [h Id 5280-167. Exdusi his Loc 1 Law sh ll o[ appl to' Site 1 for h' h final con- ditio 1 f' al ap al granted by the Planning Boa d ' r to th ffecC date of [h' L cal La ?~ Appl' t' ns f -lot C n of ~eless teleco 'cat f '1'C s d perm tt d tow '[h Went Darts visible f [he t 5280.16!! C B'ct 'th tat t,r> a d A th 'ty to da To the ext t [hat ny pr ~~ons f [his Local La in c flit[ with r a construed as inconsis[e t 'th th n OV,_ lions of New York Stale T n La rh'c Local L ape d s am d and t k s Drecedence over NYS Tow L pU - ant to the Town's mu ~ Dal h rte Dowers Dursuan[ to Mu ~ Dal H Rate Law S10L)~i)m)[3p 510f 11(tl( 1 (141 and 522 [o rsed yin - tent authority In pa[licular to [he ex[e t d deg e any provisions of this Lo 1 Lew cons[med as being incon' t t '[h th vrovisions of Town Law &274- &274-b and the o s d eq ~ ent~ seS forth in Ch' pt 280 f th So [h Id Town Code which ~ [h t the PI nine Board or Zon' f B d [A pp C31 process review hold h - g o d act upon pDl' C f 't 1 ~ d 5D 1 ~ C pe 't 'th' specified rim • p - d~ th- L ~ 1 La suspends and stays th° ing f Cme periods for processing 'e h Id'ng hearings on making d~c 'o a d t k- in fact on on such ~ pvt aCo p o ~d d for in those laws and ~ ~ [end d to s - persedeand amend a y id' ist° t authority X2$0-169. Aooeal Proved a The Town Boa d hall h th authority to vary a' [h app!' - 4on of any provision of [h' Lo 1 Law iE in its legislative discreC upo '[s determination th aria or w ~ er is required to alle ~ to an e t aordi ry hardship affecting a PI f p~pert To gr t uch q est th Town B and must find that a varian n wa~ will not adversely affect the ~mose f this Local Law the health safe[ elf hamlet and the imp t of th ai or waiver on [h Den d ec ton 1 SDace. and t' D [ t ~ f [N t of the Town Th ppl' C m t ce - Dlv with all other p I' abl of the Southold T Cod b. An re uest for a variance or waiv- ershall be filed w th th Tow Clerk a d shall ~ lode fee f t o hu dred ffiy $25000) dollars forth Wrote =ing f such application along ith rtes f the site devel~ nt of and y relat- ed information rea 'red ~ acco d nee with the Drocedures t forth ~ ha t 280 of the Southold Tow de c All such pot fns h II ~th' five ~) days e f fl' g '[h th T wn Clerk be referred to [h Plane' Bg oa d which shall have [en (10) days folio - ing rewio[ [o make ecommendaC n to apD a or d' aoo a va " nce o waiver of this Local Law Th ap t a[ion and recommendation shall b tr mil- ted to the T n B d Th T wn B and Iltay d ct bl' h acing d m k a final decision on the ap 1'caC w"th Ds without condition F' al pD o I ' res ed t th ab 1 [e 1 C tat' die cre[ion f [h T Boa d HL SEVERABH.I7Y If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the par[ so decided to be unconstitution- al or invalid. IV. EFFEL'1'IVE DATE This Local Law shall take effect im- mediatelyupon filing with [he Secretary of S[a[e as provided by law. Dated: January 2, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 8806-1T 5/1 Dlica[ion for a bu7d'ng D '[ - ingaWIRELECSCOMM NI ATION LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 2nd day of January, 2008, a Local Law entitled, "Temporary Moratorium on the Processine. Review of and makine Decisions on aaalications for Buildine Permits Site Plans and Saecial Exception Use Permits for Wireless Communication Facilities in the Town of Southold" 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 entitled, "Temporary Moratorium on the Processine Review of and makine Decisions on apalications for Buildine Permits Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" reads as follows: LOCAL LAW NO. 1 of 2008 A Local Law entitled, "Temporary Moratorium on the Processine Review of and makine Decisions on applications for Buildine Permits Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE AND INTENT The Town Board is considering the important implications of the recent proliferation of wireless communication Facilities projects within the Town, including already constructed cell towers, towers currently under Town review and proposed cell tower projects. The Town Board believes that a haphazard, piecemeal approach to the proliferation of such towers could be detrimental to the character of the Town, including its active farmland, open spaces, scenic byways and vistas, all of which the Town has expended substantial resources to preserve, cultivate and maintain. The Town Board recognizes that the existing Zoning Code is inadequate to deal with the inherent conflict between the need for cell towers, for emergency and other communication purposes, and the Town's other planning goals. The size and scale of the Town, the scale of its agricultural and rural history, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that wireless communication facilities should be placed in a strategic manner so as to coexist as peacefully as possible with the Town's historical, agricultural and rural culture. Regulations on the size, location and appearance of wireless communication facilities are necessary to address the problems these structures create. On July 31, 2007, the Town of Southold adopted a 180-day moratorium on all new wireless communication facilities. The Town Board intended to use the time to formulate a comprehensive plan for wireless facilities, to review the locations, size and appearance of cell towers, and to update and create new legislation to comprehensively meet the long-range goals of the Town. During the moratorium period, the Town retained a new Director of the Planning Department. The Director solicited proposals from several wireless consultants to assist the Town with the aforementioned plan. The Town Board retained one of the consultants who has started work, but has indicated a report and recommendations will not be provided prior to Mazch 3, 2008. The Town Boazd finds it reasonable and in the public interest to extend the moratorium period for one additional one hundred and eighty (180) days beyond the original expiration period. This will provide the Town adequate time to examine the consultant recommendations, and draft and adopt necessary code amendments. II. Anew Article XXX of Chapter 280 of the Code of the Town of Southold is hereby enacted as follows: ARTICLE XXX Moratorium $280-165. Enactment of Temaorarv Moratorium. For a period of One Hundred Eighty~180) Davs following the effective date of this Local Law after which date this Loca] Law shall lapse and be without further force and effect and subiect to any other Local Law adopted by the Town Boazd during the One Hundred Eighty (180) Day period: 1) The Planning Boazd shall not accept for review continue review hold a hearing or make any decision upon anv application for a site elan containing a WIRELESS COMMUNICATION FACILITY whether submitted prior to or after the effective date of this law and shall not be subject to the time periods specified in Town Law §274-a and Article XXV of the Southold Town Code, including without limitation provisions relatine to the processine reviewine holding of hearin sand the rendering of decisions The statutory and locally-enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and staved while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. 2) The Zonine Board of Appeals shall not accent for review continue review, hold a hearing on, continue a hearing or make anv decision upon anv application for a special exception use permit containing a WIRELESS COMMUNICATION FACILITY whether submitted prior to or after the effective date of this law and shall not be subject to the time periods specified in Town Law $274-b and Chapter 280 of the Southold Town Code, including without limitation provisions relating to the processine, reviewing, holdine of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and stayed while this Local Law is in effect All terms used in this Local Law are as defined in 5280-4 of the Code of the Town of Southold. 3) The Building Inspector shall not accept for review continue review or make anv determination upon anv application for a building permit proposing a WIRELESS COMMUNICATION FACILITY whether submitted prior to or after the effective date of this law and shall not be subiect to the time periods specified in Town Law 5274-a Chapter 280 and Article XXV of the Southold Town Code including without limitation, provisions relating to the processine reviewine and the rendering of determinations. The statutory and locally-enacted time periods for processing and making determinations on all aspects of said buildine permit applications are suspended and staved while this Local Law is in effect. All terms used in this Local Law are as defined in 5280-4 of the Code of the Town of Southold. &280-166. Application. This Local Law shall apply to ALL [new or pendingl applications for site plans or special exception use permits For WIRELESS COMMUNICATION FACILITIES in the Town of Southold. $280-167. Exclusions. This Local Law shall not apply to: Site plans for which final or conditional final approval was granted by the Plannine Board prior to the effective date of this Local Law 2) Applications for co-location of wireless telecommunication facilities inside a permitted tower with no component Harts visible from the exterior. §280-168. Conflict with State Statutes and Authority to Supersede To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of New York State Town Law this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers pursuant to Municipal Home Rule Law 510(1)(ii)(d)(31: 510(1)(ii)(a)(141 and _§22 to supersede any inconsistent authority In particular, to the extent and degree any provisions of this Local Law are construed as beine inconsistent with the provisions of Town Law 5274-a 5274-b and the provisions and requirements set forth in Chapter 280 of the Southold Town Code which require that the Planning Board or Zoning Board of Appeals process review hold heazings on and act upon applications for site plans and special exception use permits within specified time periods, this Local Law suspends and stays the running of time periods for processing, review, holding hearings on making decisions and takin ag ction on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. &280-169. Aapeal Procedures. a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if in its legislative discretion upon its determination, the variance or waiver is reauired to alleviate an extraordinary hardship affecting a pazcel of property. To grant such reauest, the Town Board must find that a variance or waiver will not adversely affect the purpose of this Local Law the health safety or welfare of the Town of Southold or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property the range of business opportunities in the vicini~ of the property and the surrounding hamlet the rural cultural historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure of the Town The application must comply with all other applicable provisions of the Southold Town Code b. Anv request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application along with copies of the site development plan and any related information reauired in accordance with the procedures set forth in Chapter 280 of the Southold Town Code c. Al] such applications shall, within five (51 days of filing with the Town Clerk be referred to the Planning Board which shall have ten ] 0) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board The Town Board may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Boazd III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: January 2, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON MAY 1, 2008, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE. TOWN CLERK, TOWN HALL P.O BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney TC's Bulletin Board Planning Board Building Department ZBA Trustees STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ) day of , 2008, she affixed a notice of which the annexed printed notice is a true copy, m a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Enactment of Local Law #1 of 2008 ~ ~o~ ~ n .: Elizabeth A. Neville Southold Town Clerk Sworn before me this t day of ~, 2008. ~~=~ ~~ v~ ~ ~_ Notary Public LYNDA M. BOHN NOTARY PUBLIC, State of New York No.OtB06020932 Qualified in Suffolk County Term Expires March 8, 20 IL