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HomeMy WebLinkAboutLL 2008 # 4SOUTHOLD TOWN BOARD PUBLIC HEARING Apri122, 2008 7:40 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Boazd of the Town of Southold, Suffolk County, New York, on the 25th day of Mazch, 2008 a Local Law entitled "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone" 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 22°° day of April, 2008 at 7:40 p.m. at which time all interested persons will be given an opportunity to be heazd. The proposed Local Law entitled, "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone" reads as follows: LOCAL LAW NO. 2008 A Local Law entitled, "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone". BE IT ENACTED by the Town Boazd of the Town of Southold as follows: I. Purpose - In order to promote a greater variety of commercial uses in existing real property in the Limited Business zone, the Town Board finds it appropriate to allow for a Dog and Cat Caze Facility as a permitted use, provided that all activity is conducted inside the facility, that sanitazy conditions comply with all relevant regulations and adequate parking is provided. II. Chapter 280, Zoning, of the Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. B. INDOOR DOG AND CAT CARE FACILITY - a facility that provides dog and cat care services including but not limited to, grooming, day care, overnight care, obedience training and accessory retail sales of net products inside a building. All does and cats must be kept inside the building at all times except for transfer to and from transportation No outdoor kennels or pens aze permitted at such facility and all dogs and cats must be controlled at all times to prevent their escape or trespass onto nei hg_boringpronerties Animal waste must be disposed of in a manner that will not pollute groundwater or cause odors to leave the premises, and in accordance with the Apri122, 2008 Dog/Cat Care Facility in Limited Business Zone applicable Town. county or state regulations. The building must be insulated to minimize noise. such as dogs barking that may be heard from neiehboringproperties § 280-40. Purpose. The purpose of the Limited Business (LB) District is to provide an opportunity to accommodate limited business activity along highway corridors, but in areas outside the hamlet central business areas, that is consistent with the rural and historic character of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area. § 280-41. Use regulations. In the LB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses aze permitted uses. All permitted uses except single-family and owner-occupied two-family residences require site plan approval. (1) Any permitted use as set forth in and regulated by § 280-13A of the Agricultural-Conservation District except wineries, which shall be as set forth in Subsection A(9) below. (2) Retail businesses complementary to the rural and historic chazacter of the surrounding area, limited to the following: (a) Custom workshops and machine shops; (b) Wholesale or retail sale and accessory storage and display of garden materials and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehiculaz traffic and does not occur within three feet of the property line. (c) Librazies or museums. (3) Professional and business offices. (4) Funeral homes. (5) Restaurants, except drive-in restaurants or formula restaurants. (6) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops, landscaping and other service businesses. Apri122, 2008 Dog/Cat Care Facility in Limited Business Zone (7) Hotels. (8) Retail uses supplemental to the service business establishment. (9) Wineries which meet the following standazds: (a) Wineries shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. (b) Wineries shall obtain site plan approval. (c) Wineries shall have retail sales on site. (10) Bed-and-breakfast uses as set forth in and as regulated by §280-13B(14). (11) Private warehousing. (121 Indoor dog and cat care facilities. § 280-78. Off-street parking areas. Type of Use Required Number of Parking Spaces Indoor dog and cat care facilities 1 space per 400 feet of gross floor area III. SEVERABILITY If any clause, sentence, pazagraph, section, or pazt 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 after filing with the Secretary of State as provided by law. I have a notice that it has appeared on the Town Clerk's bulletin board outside and a legal in the local newspaper and again, a verbal comment from the Suffolk County Planning Commission, although they did not have time to write the letter, they phoned up and said that the Suffolk County Planning Commission has determined that this is a matter for local determination as there is no appazent significant county wide (inaudible). From the LWRP coordinator, `This proposed law, based on the information provided and the consistency assessment form submitted, it is my determination that the proposed action is consistent with the policy standards and therefore is consistent with the LWRP.' There is a short environmental assessment form here and a letter from Patricia Moore, an attorney. A local attorney for an applicant. `Dear Supervisor and Board, As you know, I represent a member of the community who wishes to start a daycare center for dogs. I am not available for the public hearing but wish to thank you personally and on behalf of my client, the opportunity to accept this use as a new business in the Town of Southold. I commend you for your willingness to make changes, when needed, to the Town Code. A concern was raised with regard to the sale of animals, such as a puppy mill. My client is Apri122, 2008 4 Dog/Cat Care Facility in Limited Business Zone extremely opposed to puppy mills and pet shops which sell from puppy mills and she would recommend that the definition specify `no retail sale of pets' to be sure that no one operates a dog or cat daycare improperly. Pet owners in Southold rely on kennels and animal hospitals, family and friends to feed and walk the pet and some enterprising individuals who open their houses to boazders. A dog and cat daycaze center can provide quality daily caze, exercise, companionship and grooming services to the pet and peace of mind to the owner. My client and I hope that you will adopt the code changes which we believe will benefit pet owners throughout the Town." A letter from Jerilyn Woodhouse, Planning Board Chair on this proposed law. This is dated April 14~'. "The Planning Boazd has evaluated the request to add a permitted use to the Limited Business zone that would accommodate businesses related to indoor dog and cat caze services. A review of the purpose of the LB district is useful and the review follows. The purpose, already listed under section 280-40, this is what is currently in the code, the purpose of the LB district is to provide an opportunity to accommodate limited business activity along highway corridors but in areas outside of the hamlet central business azeas that is consistent with the rural and historic characters surrounding areas and uses. Emphasis is placed on review of design features, so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural characters of the azea. In contemplating the proposed addition of an indoor dog and cat caze facility as permitted use in the LB zone, the Planning Board raised the issue of whether this type of use can meet the purpose of the LB zone as stated above. The use would be compatible with the LB zoning district only if the animals are kept indoors, in a building that is insulated to help mitigate the noise and no odor or pollution is caused by animal waste disposal. The animals would also need to be controlled properly to prevent them from escaping and trespassing onto neighbors properties. The definition of the new use, as proposed, appears to meet these criteria." And I believe that those aze the only comments in the file on this public hearing. SUPERVISOR RUSSELL: Okay. Would anybody like to come up and address the Town Board on this particulaz public hearing? THERESE McGUINNESS: Good evening, my name is Therese McGuinness, I am the president of the North Fork Animal Welfaze League. The question that we had, what we would like to include in the definition that under 280-4, that it would strictly prohibit the sale of live animals from this. So would that be added in? SUPERVISOR RUSSELL: Yes. I think we, that was a recommendation, okay, what we here as part of the wording is `an accessory retail sale of pet products' we would insert in that but not animals inside the building. In other words, actually I think the applicant made a recommendation to insert that language as well. ASSISTANT TOWN ATTORNEY CORCORAN: To be even clearer, what we can say after that sentence is `the breeding and or sale of animals shall not be permitted at such a facility' Apri122, 2008 5 Dog/Cat Care Facility in Limited Business Zone SUPERVISOR RUSSELL: Okay? MS. McGUINNESS: Breeding and or sale ASSISTANT TOWN ATTORNEY CORCORAN: Or sale of animals shall not be permitted in such a facility. COUNCILMAN ORLANDO: But they will be able to sell shampoos and brushes... MS. McGUINNESS: Right. I just also wanted to make a comment when I read this and I think it is important because a lot of people are not aware that these facilities, these boarding facilities, they aze still one of the only businesses in the state that have no regulations. People assume that a boarding facility that houses animals overnight have any regulations. The New York State Department of Agriculture and Markets has no licensing procedures, they have no regulations and they have no inspections. So I think it is very important for this Boazd to recognize that. It is still, as I said, one of the only businesses that has no regulations, so unfortunately for people that do use these businesses as such, some aze good and obviously some are very problematic, they look to local government in other words, to state how many animals can be kept in the building. What is their care overnight? This is a local issue because the state has nothing to do with these facilities. It has been a big contention of debate in the state, there are many, many municipalities who insist on local laws addressing specific, specific to this in so faz as the overnight caze, in so faz as the how many animals will be held in this facility? So I think it is imperative on this Board to recognize that you and only you aze the authority. There is no one else that anyone can call if they should have a problem. So municipalities are addressing this in terms of how many animals they can put in that building, what kind of care and whatnot. So I am glad to see that you are going to put in prohibit the sale of live animals but I think when I read the way in which this was written, where it says `in accordance with the applicable town, county or state regulations' there are no state regulations for these facilities. They aze completely unregulated. So I think it is important that you recognize that you aze the Boazd, you represent the people and you are the only ones that people have the recourse to go to. So this is very non-specific in so far as the care of the animals and the number of animals that can be housed in the building. So thank you for your attention. SUPERVISOR RUSSELL: Would anybody else like to address the Town Boazd? ROBERTA LEE: Roberta Lee, Cutchogue. Regazding this, I think it is imperative since I would imagine most of the people on the Boazd aze not personally or commercially involved in the correct caze of household pets, such as dogs and cats, that it would be wise to take advantage of the people in the community who are. Such as veterinarians, and other people who have in the past and right now in running successful businesses, knowing what the needs of an animal aze. So that it is not necessary to put the animals or other people through any unrest and discomfort. I would advise that an advisory committee should be consulted, should be drawn up and should be consulted on how this Apri122, 2008 6 Dog/Cat Care Facility in Limited Business Zone town can have a successful and an organization without a lot of stress and storm and drang. If that... SUPERVISOR RUSSELL: Would the advisory committee also be reviewing operations that the Animal Welfare League.... MS. LEE: That depends on the Boazd. SUPERVISOR RUSSELL: Okay, because I don't want to get into a, quite personally, I don't want to create amicro-managing organization. I think they are doing an excellent job at the animal shelter and I don't want to have to see them... MS. LEE: The shelter is doing an excellent job under the director, absolutely. SUPERVISOR RUSSELL: Once we create that Board, I would imagine we are going to have, I am going to create a whole Board for one facility in Peconic? Or aze they going to... MS. LEE: Well, there has to be some jurisdiction over this, wouldn't you say, Mr. Russell? SUPERVISOR RUSSELL: Actually under current Department of Health, which would be a reviewing board, if they are grooming, they would have a New York State license. I think that any shrewd pet owner is going to look into their operation before they commit an animal to that. As an owner of several dogs over yeazs, I wouldn't leave it with them unless I understood in advance what all those issues were and what their level of caze was. We actually have de facto boarding operations in Southold Town on a regulaz basis. I think to bring it out in the open and make it a public facility, that is for pet owners to weigh in on. MS. LEE: I would hope that the Town Boazd would take a close look at the type of what would the word be? Type of control or type of looking at the possibilities that could occur under circumstances like this, wherein animals could suffer and their owners. Thank you. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on this issue? UNIDENTIFIED: The Agricultural Board of New York State has recommendations for animal shelter and sheltering of animals, such as the type of cage, such as the type of materials that aze on the wall that aze impervious to water and can be cleaned, drainage facilities, certain amount of water to feed the animals. The ability to hose down the caged areas and the amount of exercise each dog or cat or snake needs in order to stay there for the duration. And I think it might be beneficial if you look at some of those guidelines, so that this could be in our code and could be done correctly and not only Apri122, 2008 ~ Dog/Cat Caze Facility in Limited Business Zone protect the animals but the protect the general health of the public. As in a hospital, as in a daycare center, there has to be sanitary controls. SUPERVISOR RUSSELL: That would be Suffolk County Department of Health aegis. I believe that is under the aegis and bailiwick of their jurisdiction, when it comes to human health. And they would be a reviewing body in the application, just like any other Plazming Boazd application. UNIDENTIFIED: Well, it would be like a code if we were building a house. We would indicate that we needed fire rated partitions, that we needed impervious surfaces in the bathroom say. I am looking towards the possibility of having a code, a restrictive code for these animal facilities that both would be informative to people that wanted to open animal facilities and also a safety for us, pet owners and government. COUNCILMAN KRUPSKI: This is a, I know I have friends who, when they go away on vacation, they leave their dogs somewhere. Is there any sort of regulation or is that basically a private business that regulates itself? SUPERVISOR RUSSELL: Well, right now local veterinarians offer boazding Gaze, there are a lot of de facto boarding operations, people running it out of their homes. As the owner of two golden retrievers in the past, I have actually had to rely on private boarding operations, so you know, those aze de facto operations they aze operating out of their homes, you aze not going to get them to come in and comply with a set of rules that get put into the town code. UNIDENTIFIED: Well, the number of animals would be different. Someone would take two or three animals in their home. This facility, the size of the building we are talking about, you could probably house 100 animals. It is enormous. So this is where the problem is. The problem is, restricting the number of animals and if they are going to have 100 animals and who knows where they aze going to come from... SUPERVISOR RUSSELL: Owners. Again, the pet owners have to be responsible to look into the operation to make sure they want to leave a pet there. UNIDENTIFIED: I board my dog sometimes, not that many dogs are boazded, not that many cats aze boarded. What I am saying is, we could be the first town to actually set rules and regulations for the health and control of these facilities. We could lead out. We could be the first. Nobody else has done this, nobody else has listed what is required. We could be the first and protect ourselves and our town and the animals that are at stake. It is something to consider. And we will get a copy of the recommendations to you so that you can see what the Agricultural Boazd lineates but then never enforces. Okay. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board on the issue of this? (No response) Anybody having second thoughts about that dormer thing from before? You can weigh in on that, too. Apri122, 2008 Dog/Cat Caze Facility in Limited Business Zone COUNCILMAN KRUPSKI: No, it is too late. SUPERVISOR RUSSELL: Well, we will still listen. COUNCILMAN WICKHAM: Move we close the heazing. This hearing was closed at 8:32 PM Eliza eth A. Nevllle~~~~~ Southold Town Clerk '0. ,s STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA DAVID A. PATERSON 99 WASHINGTON AVENUE GOVERNOR ALBANY, NY 12231-0001 May 27, 2008 RECEIVED JUN - 2 2008 Lynda M. Bohn Southold Town Clork Deputy Town Clerk • Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 RE: Town of Southold, Local Law No. 3 & 4, 2008, filed on May 6, 2008 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms cari be obtained from our website: www dos.state.ny.us/corp/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 LORRAINE A. CORTES-VAZQUEZ SECRETARY OF STATE WWW.DOS.S7ATE.NY.US E-MAIL: INFO(~DOS.STATE.NY.US ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ,~~Of SOpTyo~ ~c '~' ~ ~0 ~~'YCnuun ~~ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 2008 ~rCdl`3aD PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Laws entitled on April 22, 2008: •"A Local Law in relation to Dormers on Accessory Landmarked BuildinLS" And "A Local Law in relation to Doi and Cat Care Facilities in the Limited Business Zone" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~Q~ Elizabeth A. Neville Town Clerk Attachments •cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Boazd Southold Town Assessors Southold Town Building Department ~/ I Signature, Received By 1~A/ ~A sld~ ~. ~ ~~ Please pri-~~ - n~ me Long Island State Pazk Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: ~ ~S ~ Title: (~ti C ~ ~~aNNC/ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631)765-6145 Telephone (631) 765-1800 southoldtown. northfork. net 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 TH(E TOWN CLERK TOWN OF 90UTHOLD May I, 2008 Town Hall, 63096 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 766-8146 Telephone (631) 768-1800 southoldtown.northfork.net PLEASE TAKE NOTICE that the Town Boazd of the Town of Southold ENACTED the proposed Local Laws entitled on April 22, 2008: "A Local_Law in relation to Dormers on Accessory Landmarked Buildines" And "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone" Please sign the duplicate of this letter and return to me at your eazliest convenience in the self-addressed envelope. Thank you. ~~~ Elizabeth A. Neville Town Clerk Attachments • cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Pazk Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ,~_ Date: ~a i ~ re, Receive , / D Title: ~ ,~ PI a e print na E~~~`-°"'~"` 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 hO~~Of SOUT,yo~ • ~~0,~ ~~y~OUNTV ,~`„~' OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May ], 2008 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Laws entitled on April 22, 2008: • "A Local Law in relation to Dormers on Accessory Landmarked Buildints" And "A Local Law in relation to Do¢ and Cat Care Facilities in the Limited Business Zone" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~~~C"`"- Elizabeth A. Neville Town Clerk Attachments • cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Boazd Southold Town Assessors Southold Town Building Department Signature\Received B'y ~l~r b/ac~, l'~A~ Lr1~/ Please print name Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: ©S-0~.'C)~'s Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK EL)<ZABETH A. NEVII,LE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ~o~~,oF souryo~ • ,O~ OI~C~V a I i ~~~ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 2008 Town Hall, b3095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631)765-6145 Telephone (631) 765-1800 southoldtown.northfork.net qF`.,.`; ..7 5^ ,' _ ,;t PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed t,ocal ~aws entitled on April 22, 2008: _,~_ • "A Local Law in relation to Dormers on Accessory Landmarked Building" ; _ ~= ~:~ ,. ~ ~a:;o And _. . _ Please sign the duplicate of this letter and return to me at yotli~'earliest convenience in the self-addressed envelope. Thank you. ~Q~ Elizabeth A. Neville Town Clerk Attachments • cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Boazd 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 ll>~-~'~ Date: ~ ' ~• 0~ Signatu eived By r! 11JDy4 (Z.Jr~1(X~LD~ Title: J~L~ ~S~~f Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVII,LE TOWN CLERH REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ~o~~pF SOUT,~O~ • ~~0~ Ol~CO~(~ ~~..4' OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 2008 Town Hall, b3095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631)765-6145 Telephone (631) 76b-1800 southoldtown.northfork.net PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Laws entitled on Apri122, 2008: "A Local Law_ in relation to Dormers on Accessory Landmarked Buildines" And "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. «""PQ. ~' Elizabeth A. Neville Town Clerk Attachments •cc: Suffolk County Department of Planning Village ofGreenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department ~~/~ Signature, Revived By ~iG. y~e G v l~c,~„; Please print name Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: ~~ D ~ Q 8 Title: ~L~Z~~- a.~c~. 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 ~O~~pf SO(/T~o~,,~~{{,, T ~~OOUNi'1,~~'' OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 2008 Town Hall, b3095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6146 Telephone (631) 765-1800 southoldtown.northfork.net PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Laws entitled on Apri122, 2008: •"A Local Law in relation to Dormers on Accessory Landmarked Buildines" And "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~~~"~- Elizabeth A. Neville Town Clerk Attachments • cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Bing Department Signatthcr eceived By ~~~~~~ Please print name Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date 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 ~O~apF SOUjyo~ ~ '~ • ~~0,~ ~~y00UrfT'1,~~'' OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 2008 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Laws entitled on April 22, 2008: ~`A Local Law in relation to Dormers on Accessory Landmarked Buildin¢s" And "A Local Law in relation to DoQ and Cat Care Facilities in the Limited Business Zone" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~~~ Elizabeth A. Neville Town Clerk Attachments ~o: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals o~.,~'r-u--.f-L.u~ Dade ~ ~ ~ ~~ ~ l \' _. Signature, Rece~Ved B ~ ~ ~! ~ MAY - 6 2008 ~ ~ .D~fba-G'i S` c.Q.aa. Tit#e ~ ~z.i~-, ~t~ ~ ~ ~ ~ ~ _._ Please print me ~- z.___._. DUPLICATE TO BE SIGNED ANDRETURNED TO ~ ~~ SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ,~'~OF SOUryo~ q#~# ~' • ~° ~ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 2008 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Laws entitled on April 22, 2008: •"A Local Law in relation to Dormers on Accessory Landmarked Buildings" And "A Local Law in relation to Dog and Cat Care Facilities in the Limited Business Zone" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~PQ~ 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 ~~,tt„Q~-/~ ~ ~~ls~,.-~ Date: S~L.~oB Signature, Received By _J~~ ~ ~C~e~\e ~P_~ Title: ~ C}I1~Yl r~~2~C.. Please pri t 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 ho~~OF SOUjyo~ • ~~ OI~COUry 1 1 ~~~ OFFICE OF TIIE TOWN CLERK TOWN OF SOUTHOLD May 1, 2008 Town Hall, 53096 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Laws entitled on April 22, 2008: •"A Local Law in relation to Dormers on Accessory Landmarked Buildings" And "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~~Q~i' Eliza~be_t_h A' .Neville Town Clerk Attachments cc: Suffolk County Department of Planning • Village of Greenport Town of Riverhead Southold Town Planning Boazd Southold Town Assessors Southold Town Building Department Guc~ts~ .~a~Cca-C.' Signa ure, Received By Please print name Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: ,~~a/U~ Title: SPCW'Q-~6-Y14! ( Qc~SIS~/lt DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A NEVU LE ~~OF Sl7pryo~ . . ~ TOWN CLERK ~ REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER G Q RECORDS MANAGEMENT OFFICER ~ ~ ~~ ~ FREEDOM OF INFORMATION OFFICER liyCOU~'~ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Loca] Laws entitled on Apri122, 2008: •"A Local Law in relation to Dormers on Accessory Landmarked Buildines" And "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~Q~ 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/ Signature, Received B Please print name Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net Date: ~~/C' Title: ~/j ,~¢ ~t DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK s.,- '~ I ® USAirbill ,Fm~o 8616235 7460 Express 1 From em.n..me„®~.,a ~ 5- 5-~C~ SandalaFed& 1067-7oa9-a Data Accpwd Number ELIZABETH NEVILLE _, ,631,765-1800 TDWN OF SOUTHDLD 53095 ROUTE 25 Address p.pM~rn:ivn.m~ HDLD _ NY _._11971-4642 2 Your bllerval Billing Relarenrs 1 f Fa b tlwecbn vi epver m vrpce. 1.1 3 To Nacipiem's 1 ~~a c/t I~ Phane ( ~ Name („~ a~Ll 0359685758 Oa Fiptea Padtega Service Pedaeuaym t599c ^ fed&Prioriry PremigM xmwaawmm.p'raey ww~sanwrmab°vo:~ ti~ia/edfx Standard OvamigM ^ ~JJ xmm.a.Mm.• 5e0itlnox..rvxm.,.r.u.. 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ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ,~': Of SO~lyo~ ~ • ~O o~y00UM'+,~ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 5, 2008 Federal Express • Linda Lasch New York State Department of State State Records and Law Bureau 4l State Street Albany, NY 12231 RE: Local Law Number 3 & 4 of 2008 Town of Southold, Suffolk County Dear Ms. Lasch: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631)765-6145 Telephone (631) 765-1800 southoldtown.northfork.net In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law Number 3 & 4 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, 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 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ^ County ^ City O Town of SOUTHOLD ^ Village Local Law No. 4 of the year 2008 . A Local Law entitled, "A Local Law in relation to Dog and Cat Care Facilities in the Limited Business Zone". • Be it enacted the Town Board of the: ^ County ^ City D Town of SOUTHOLD ^ Village I. Purpose - In order to promote a greater variety of commercial uses in existing real property in the Limited Business zone, the Town Board finds it appropriate to allow for a Dog and Cat Care Facility as a permitted use, provided that all activity is conducted inside the facility, that sanitary conditions comply with all relevant regulations and adequate parking is provided. II. Chapter 280, Zoning, of the Code of the Town of Southold is hereby amended as follows: • § 280-4. Definitions. B. INDOOR DOG AND CAT CARE FACILITY - a facility that provides dog and cat care services including, but not limited to, grooming, day care, overnight care, obedience training, and accessory retail sales of pet products, inside a building. The breeding and/or sale of animals shall not be permitted in such a facility. All dogs and cats must be kept inside the building at all times, except for transfer to and from transportation. No outdoor kennels or pens are permitted at such facility, and all dogs and cats must be controlled at all times to prevent their escape or trespass onto neighboring properties. Animal waste must be disposed of in a manner that will not pollute groundwater or cause odors to leave the premises, and in accordance with the applicable Town, county or state regulations. The building must be insulated to minimize noise, such as dogs barking, that may be heard from neighboring properties. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/OS) § 280-40. Purpose. The purpose of the Limited Business (LB) District is to provide an opportunity to accommodate limited business activity along highway corridors, but in areas outside the hamlet central business areas, that is consistent with the rural and historic character of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area. § 280-41. Use regulations. In the LB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses. AI- permitted uses except single-family and • owner-occupied two-family residences require site plan approval. (1) Any permitted use as set forth in and regulated by § 280-13A of the Agricultural- Conservation District except wineries, which shall be as set forth in Subsection A(9) below. • (2) Retail businesses complementary to the rural and historic character of the surrounding area, limited to the following: (a) Custom workshops and machine shops; (b) Wholesale or retail sale and accessory storage and display of garden materials and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three feet of the property line. (c) Libraries or museums. (3) Professional and business offices. (4) Funeral homes. (5) Restaurants, except drive-in restaurants or formula restaurants. (6) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops, landscaping and other service businesses. (7) Hotels. (8) Retail uses supplemental to the service business establishment. (9) Wineries which meet the following standards: (a) Wineries shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. (b) Wineries shall obtain site plan approval. (c) Wineries shall have retail sales on site. (10) Bed-and-breakfast uses as set forth in and as regulated by §280-13B(14). (11) Private warehousing. (12) Indoor dog and cat care facilities. § 280-78. Off-street parking areas. Type of Use Indoor dog and cat care facilities III. SEVERABILITY Required Number of Parking Spaces 1 space per 400 feet of gross floor area 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 pari thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately after filing with the Secretary of State as provided by law. n (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. _4 of 20 08 of the ((€ety~(Town) O of SOUTHOLD was duly passed by the TOWN BOARD on April 22_, 20 08 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) 1 hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of • on disapproval) by the in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) was duly passed by the _20 , and was (approved)(not approved)(re-passed after and was deemed duly adopted on 20 I hereby certify that the local law annexed hereto, designated of the (County)(City)(Town)(Village) of on as local law No. of 20 was duly passed by the 20 ,and was (approved)(not approved)(repassed after disapproval) by the on 20 .Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was Tiled requesting referendum.) • I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (Counry)(City)(Town)(Village) of was duly passed by the on 20 ,and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20_ , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) 1 further certify that 1 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 m paragraph 1 ,above. (Seal) ~~~QEC~ Clerk of e County legislative body. City. Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: Ma~1.2008 (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 local have been had or taken for the enactment of the local law Title Town of Date: the correct A. Finnegan, Esq., that all proper proceedings SOUTHOLD May 1, 2008 #a8o~ 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. i/ ~ 'Principal Clerk Sworn to before me this LEGAL NOTICE NOTICE OF PUBLIC F~ARIlVG NOTICE IS HEREBY GIVEN, WHEREAS, there has been present- ed to the Town Board of the Town of Southold, Suffolk County, New York, on the 25th day of March, 21108 a Local Law entitled "A Local Law'a lafi to Dog and Cat Care Facilitie in th Limited Zo "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 ENACTS the proposed Local Law entitled, "A Lo" cal Lawn 1ati n to D g a_d Cat a_ FaciBtres' the s' 'ted Busio s Z reads as follows: LOCAL LAW NO 4 f 2005 A Local Law entitled, "A Local Law in relation to Dng and Cat Cos. Farili- ties' the I' ' ed Bus" s Z BE ITENACTED by theTown Board of the Town of Southold as follows: L Pmpose - In order to promote a greater vaziety of commercial uses in exfsthrg real property in [he Limited Business zone, the Town Board finds it appropriate to allow for a Dog and Cat Care Facility as a permitted use, pro- vided that all activity is wnduc[ed in- side the facility, that sanitary conditions comply with all relevant regulations and adequate parking is provided. II. Chapter 280, Zoning, of the Code of [he Town of Southold is hereby amended az follows: § 280.0. DefioiNoas. B. INDOOR DOG AND AT CARE FA I ITV - fac I(y th t pro vides dog and cat car clod' ,g but not Gmi[ed to o ming day ca e, o~ight are bedie a [ra~ inp a d armory tits 1 s of [ o d cts side a b 'Iding The b ed" g n-~ d/ ~e of ani al shall t t^tt d inter a facility All dog d ors m. st r t inside he h 'Id' g t II [' ,gs ce. f tr fe t a d from t ns rtaC No outdoor kennels or cens are pet- ted at such facility nd all dogs d cat must be contr Iled tall tim s t ] vent hen Brace r [re Hass o to ne•~h boring procer['e An~m I wa t mu t be ~tmsed of in a manner rhat ll not I- tuteeround ter au odo t I a I>gyremises and in a ord with the applicable Town wunty r stet Leg 1 - t9ms. Th bu"Idutg m t be ' ulat d to miniml~ nog su'h d gs b king that may be head fr m n ' bo properties § 2&1.40. Purpose. The purpose of the Limited Business (LB) District is to provide an opportu- nity [o accommodate limited business activity along highway corridors, but in areas outside the hamlet central business areas, [ha[ is consistent with Ne rural and historic character of surrounding ar- eas and uses Emphasis will be placed on review of design features so that existing and [uNre uses will not detraM from sur rounding uses The additional uses must generate low amounts of tratfic and be designed to protect the residential and rural character of [he area. § 280.41. use regulations. In the LB District, no building or premises shall be used and no building or part of a building shall be erected of altered which is arranged, intended or designed to be used, m whole or in part for any uses except the following: A. Permitted uses. The following use: are permitted uses. All permitted uses except single-family and owner-occw pied two-family residences require site plan approval. (1) Any permitted use as set forth in and regulated by § 280-13A of the Ag- ricultural-Conservation District except wineries, which shall be az se[ forth in Subsection A(9) below. (2) Retail businesses complementary to the rural and historic character of the surrounding area, limited to the follow- ing: (a) Custom workshops and machine shops: (b) Wholesale or retail sale and acces- sory storage and display of garden mate riots and plants, including nursery operations, provided that the outdoor storage or display o[ plants and mate riots does no[ obstruct pedestrian Floc o[ vehicular traffic and does not occw within three fee[ of the property line. (c) Libraries or museums (3) Professional and business offices (4) Funeral homes. (5) Restaurants, except drive-in res- taurants or formula restaurants. (6) Repair shops for household, busi~ Hess or personal appliances, including cabinet shops, carpenter shops, electri- cal shops, plumbing shops, furniture re~ pair shops and bicycle and motorcycle shops, landscaping and other service businesses (7) Hotels. (8) Retail uses supplemental to [he service business establishment. (9) Wineries which meet [he follow- ings[andards: (a) Wineries shall be a farm winery licensed under New York Stale law from which wine made from primarily Long Island grapes is produced and sold. (b) Wineries shall obtain site plan ap~ proval. (c) Wineries shall have retail sales on site, (10) Bed-and-breakfae[ uses as set forth in and as regulated b} §280-13B(14). (I1) Private warehousing. (12) I do dog act r f cil" fies. § 280.78.OH-street parking areas Type of Use: Indoor dog d~~*~~Arg fa iliti ~ Required Number of Parking Spatts: _ 1 mace pe 400 f t of g oss Fl o~ III. SE VERABILITY If any clause, sentence, paragraph sectioq or part of this Local Law shall be adjudged by any court of competent jurisdiction [o be invalid, the judgment shall not affect the validity of this law as a whole or any part [hereof other than the part so decided to be unconstitutiom al or invalid. IV. EFFECTIVE DATE This Local Law shall take effect im~ mediately after filing with [he Secretary of Stale as provided by law. Dated: April 22, 2008 BY ORDER OF THE TOWNBOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 8807-1T 5/1 day of~2008 ~~~~~ ~ CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. O 1-V06105050 Quallfletl In Suffolk County My Commission Expires February g0, 2012 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 25th day of March, 2008 a Local Law entitled "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone" and WHEREAS the Town Boazd 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, "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone" reads as follows: LOCAL LAW N0.4 of 2008 • A Local Law entitled, "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to promote a greater variety of commercial uses in existing real property in the Limited Business zone, the Town Boazd finds it appropriate to allow for a Dog and Cat Caze Facility as a permitted use, provided that all activity is conducted inside the facility, that sanitary conditions comply with all relevant regulations and adequate parking is provided. II. Chapter 280, Zoning, of the Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. B. INDOOR DOG AND CAT CARE FACILITY - a facility that provides dog and cat care services includine, but not limited to, rog omin~, day caze, ovemi hg t care, obedience training, and accessory retail sales of pet nroducts, inside a building The breeding and/or sale of animals shall not be permitted in such a facility. All dogs and cats must be kept inside the building at all times, except for transfer to and from transportation. No outdoor kennels or pens are permitted at such facility and all dogs and cats must be controlled at all times to prevent their escape or trespass onto neiQhboring_properties. Animal waste must be disposed of in a manner that will not pollute groundwater or cause odors to leave the premises, and in accordance with the applicable Town, county or state regulations. The building must be insulated to minimize noise, such as does barking, that may be heard from neighborine properties. L • § 280-40. Purpose. The purpose of the Limited Business (LB) District is to provide an opportunity to accommodate limited business activity along highway corridors, but in areas outside the hamlet central business areas, that is consistent with the rural and historic chazacter of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area. § 280-41. Use regulations. In the LB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses. All permitted uses except single-family and owner-occupied two-family residences require site plan approval. (1) Any permitted use as set forth in and regulated by § 280-13A of the Agricultural-Conservation District except wineries, which shall be as set forth in Subsection A(9) below. (2) Retail businesses complementary to the rural and historic chazacter of the surrounding area, limited to the following: (a) Custom workshops and machine shops; (b) Wholesale or retail sale and accessory storage and display of garden materials and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three feet of the property line. (c) Libraries or museums. (3) Professional and business offices. (4) Funeral homes. (5) Restaurants, except drive-in restaurants or formula restaurants. (6) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops, landscaping and other service businesses. (7) Hotels. (8) Retail uses supplemental to the service business establishment. (9) Wineries which meet the following standards: (a) Wineries shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. (b) Wineries shall obtain site plan approval. (c) Wineries shall have retail sales on site. (10) Bed-and-breakfast uses as set forth in and as regulated by §280-13B(14). (11) Private warehousing. (12) Indoor dog and cat care facilities. • § 280-78. Off-street parking areas. Type of Use Indoor dog and cat care facilities Required Number of Parking Spaces 1_space per 400 feet of dross floor area 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 after filing with the Secretary of State as provided by law. Dated: Apri122, 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 (11 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 Building Dept ZBA Planning 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 py, 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. Enactment of Local Law #4 of 2008 • lizabeth A. Nevin Southold Town Clerk Sworn before me this ~ day of , 2008. otary Public • LYNDA M. BORN NOTARY PUBLIC, State of New York No. 01606020932 Qualified in Suftolk Coun Term Expires March S, 20 Southold Town Board -Letter ~~a ~w ~~ - ~~~~ ~~.c~._ Board Meeting of Apri122, 2008 RESOLUTION 2008-421 Item # ADOPTED I)OC II): 3816 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2008-421 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 22, 2008: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 25th day of March, 2008 a Local Law entitled "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone" and WHEREAS the Town Board of the Town of Southold held a public heazing 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, "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone" reads as follows: • LOCAL LAW NO.4 of 2008 A Local Law entitled, "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to promote a greater variety of commercial uses in existing real property in the Limited Business zone, the Town Board finds it appropriate to allow for a Dog and Cat Care Facility as a permitted use, provided that all activity is conducted inside the facility, that sanitary conditions comply with all relevant regulations and adequate parking is provided. II. Chapter 280, Zoning, of the Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. Generated Apri124, 2008 Page 70 Southold Town Board -Letter Board Meeting of\pril 22, 2008 B. INDOOR DOG AND CAT CARE FACILITY - a facility that provides doh and cat care services including, but not limited to, rog oming, daycare, overnight care, obedience training, and accessory retail sales of pet products, inside a building, The breeding and/or sale of animals - shall not be permitted in such a facility. All dogs and cats must be kept inside the building at all times, except for transfer to and from transportation. No outdoor kennels or pens are permitted at such facility and all dons and cats must be controlled at all times to prevent their escape or ------ -trespassonto-neighboringproperties. Animal waste must be disposed of in a manner that will not pollute groundwater or cause odors to leave the premises, and in accordance with the applicable Town, county or state regulations. The building must be insulated to minimize noise, such as dogs barking, that may be heard from nei hg boringpronerties. § 280-40. Purpose. The purpose of the Limited Business (LB) District is to provide an opportunity to accommodate limited business activity along highway corridors, but in areas outside the hamlet central business areas, that is consistent with the rural and historic character of surrounding areas and • uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area. § 280-41. Use regulations. In the LB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses. All permitted uses except single- family and owner-occupied two-family residences require site plan approval. (1) Any permitted use as set forth in and regulated by § 280-13A of the Agricultural- • Conservation District except wineries, which shall be as set forth in Subsection A(9) below. (2) Retail businesses complementary to the rural and historic character of the surrounding area, limited to the following: (a) Custom workshops and machine shops; (b) Wholesale or retail sale and accessory storage and display of garden materials and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three feet of the property line. (c) Libraries or museums. (3) Professional and business offices. (4) Funeral homes. Generated Apri124, 2008 Page 71 Southold Town Board -Letter (5) (6) (7) (8) (9) Board Meeting of April 22, 2008 Restaurants, except drive-in restaurants or formula restaurants. Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops,_electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops, landscaping and other service businesses. Hotels. Retail uses supplemental to the service business establishment. Wineries which meet the following standards: (a) Wineries shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. (b) Wineries shall obtain site plan approval. (c) Wineries shall have retail sales on site. (10) Bed-and-breakfast uses as set forth in and as regulated by §280-13B(14). (11) Private warehousing. (12) Indoor dog and cat care facilities. ~I § 280-78. Off-street parking areas. Type of Use Indoor dog and cat care facilities Required Number of Parking Spaces 1 space per 400 feet of gross floor azea 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 afrer filing with the Secretary of State as provided by law. i~'~~,rg~arL~~'• Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski ]r., Wickham, Evans, Russell Generated April 24, 2008 Page 72 Southold Town Board -Letter ~°'`©~, RESOLUTION 2008-410 >~+~,a _ _ _ _ _ ADOPTED ~I ,li_ Board Meeting of Apri122, 2008 Item # DOC ID: 3808 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2008-410 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 22, 2008: RESOLVED thatthe Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section • 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mazk Terry dated April 18, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is exempt from review under Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review OR is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. ~~ Elizabeth A. Neville • Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated April 24, 2008 Page 54 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ~o~~Of SOplyo~~{, T • ~O ~~y00UNT1, OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 2008 r ;,.-- f' . .StI~ PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on April 22, 2008 starting at 7:35 p.m. on the proposed Local Laws entitled • "A Local Law in relation to Dormers on Accessory Landmarked Buildines" And "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~r~ll. Elizabeth A. Neville Town Clerk Attachments • cc: Suffolk County Department of Planning Village of Cneenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department i1 {~a ure, Received By /~1~ a R.-t'~ ~ ~, f.'zrsC~x~G-- Please print name Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: S ~ 1 s Title: ~:y„` ~O~wwt Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 76b-6145 Telephone (631) 765-1800 aoutholdtown. northfork. net DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVII,LE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ,,~OF SOUjyo~ ~~~~ • ~~0,~ ~y00UNfV ,~~,d'" OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 2008 Town Hall, 63095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 76b-6146 Telephone (631) 766-1800 southoldtown.northfork.net PLEASE TAKE NOTICE that the Town Boazd of the Town of Southold will hold a PUBLIC HEARING on Apri122, 2008 starting at 7:35 p.m. on the proposed Local Laws entitled • "A Local Law in relation to Dormers on Accessory Landmarked Buildin¢s" And "A Local Law in relation to Do¢ and Cat Care Facilities in the Limited Business Zone" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~~~C"`~ 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 Pazk Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: S Jl O 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 Of SO~lyo~ • ~O O`~CQUI1 ~ ~,~~ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 2008 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631)765-6145 Telephone (631) 765-1800 aoutholdtown.northfork.net PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on April 22, 2008 starting at 7:35 p.m. on the proposed Local Laws entitled • "A Local Law in relation to Dormers on Accessory Landmarked Buildings" And "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~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 Si natur`e_Received By r d~~ ~A ~~~l~~.l~ Please print name Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: QS~O~`~~ Title: ~UwY/ ~~C,~"~-- DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A NEVILLE ~~~F SOUTyO~ . O TOWN CLERK h REGISTRAR OF VITAL STATISTICS MARRL4GE OFFICER RECORDS MANAGEMENT OFFICER G Q ~' ~ ~~ ~ FREEDOM OF INFORMATION OFFICER ~ ,~ ~.`COU,M'~~~ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 2008 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sout~„1Q},(jllfi+t~rthfork. net ~~~ $ovI'no?d Tas:'n ~1erl1 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on April 22, 2008 starting at 7:35 p.m. on the proposed Local Laws entitled • "A Local Law in relation to Dormers on Accessory Landmarked Buildin¢s" And "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~~~ Elizabeth A. Neville Town Clerk Attachments • cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Pazk Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ~Ci"'`d~-~yj~ Date: z o~ Signature, Received By / ~ltfD~ 1C/Ci~DOLQU Title: CT SS'T , Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERH REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ~o~~OF SO(/jyo~ • ~~0,~ ~~OOUNi'1,~.,~' OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 2008 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11871 Fax(831)76b-6145 Telephone (631) 765-1800 southoldtown.northfork.net PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on Apri122, 2008 starting at 7:35 p.m. on the proposed Local Laws entitled ~`A Local Law in relation to Dormers on Accessory Landmarked Buildings" And "A Local Law in relation to Dog and Cat Care Facilities in the Limited Business Zone" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. {~~Q~' Elizabeth A. Neville Town Clerk Attachments ~c: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department ignature, Re ei By /~i~~kc-L J G.a~' .t, Please print name Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: ~~G~ dff Title: '~~i DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRL4GE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ~o~~OF SOplyo~ G • ~~~,~ ~~OOUNTI,N°,~'" OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 2008 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (831)766-6145 Telephone (631) 765-1800 southoldtown. northfork. net PLEASE TAKE NOTICE that the Town Boazd of the Town of Southold will hold a PUBLIC HEARING on April 22, 2008 starting at 7:35 p.m. on the proposed Local Laws entitled •"A Local Law in relation to Dormers on Accessory Landmarked Buildines" And "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments •cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Sig ature, Rec lved By ~~~ ~ Please print name Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals C6 ~ Date Title: /~Z'~"- c: i DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK r~ ELIZABETH A. NEVII,LE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ,~'a0F SO~ryo~ 9#`# ' #t • ~~0,~ ~~y~OUNiY,~~'" OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 2008 Town Hall, 53098 Mein Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (B31) 765-1800 southoldtown. northfork. net PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on April 22, 2008 starting at 7:35 p.m. on the proposed Local Laws entitled And "A Local Law in relation to Do¢ and Cat Care Facilities in the Limited Business Zone" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~Q.~ Elizabeth A. Neville Town Clerk Attachments ~c: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Boazd Southold Town Assessors Southold Town Building Department C/~/U l_JII~~ U ~4A.A, Signature, Recd By Please print name ' Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: ~ MAY - fi 7~f~R Title: ~n-e..~.,.....~_~ z ~e / 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 ,~?'~OF SOUj~O~ '~ #~ • ~~ ~1y00UNT1,N~ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 2008 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631)765-6145 Telephone (631) 765-1800 southoldtown.northfork.net PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on April 22, 2008 starting at 7:35 p.m. on the proposed Local Laws entitled •"A Local Law in relation to Dormers on Accessory Landmarked Buildines" And "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone" Please sign the duplicate of this letter and return to me at your earliest convenience in the self=addressed envelope. Thank you. ~~Q Elizabeth A. Neville Town Clerk Attachments •cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Signature, Received B ~~u~d~.~ /~.~I~.~~rY,P~ier" Please pr nt name Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: ~/2foQ> Title: l vvJr~ C-1e,~ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVII.LE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRL4GE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ,~;~OF SOUTyo~ ~`~ • ~~0,~~ ~~y000M'1 ~°„~'" OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 2008 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(631)76b-6145 Telephone (631) 765-1800 southoldtown.northfork.net PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on April 22, 2008 starting at 7:35 p.m. on the proposed Local Laws entitled •"A Local Law in relation to Dormers on Accessory Landmarked Buildings" And "A Local Law in relation to Dog and Cat Care Facilities in the Limited Business Zone" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~~~~' Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning • Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department _____1'~~.1~2-t1 ~A-~ Signature, Received By Y~~-Cl/-?a1 Sundt Sh Please print name Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: 5/a/o S' Title: ~C('P~CL~iCt( 4'~5f . 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 ~'~OF SOUTO~` o#`# ~'~ • ~~0,~ ~~y00UNTV ,~~' OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 2008 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631)765-6145 Telephone (631) 765-1800 southoldtown.northfork.net 2 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on April 22, 2008 starting at 7:35 p.m. on the proposed Local Laws entitled •"A Local Law in relation to Dormers on Accessory Landmarked Buildines" And "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~~~~' Elizabeth A. Neville Town Clerk Attachments •cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department ~X 6~ n( /x ~QLt/'Q .~~t ~ - Sig~Tiature, Received By Please print name Long Island State Pazk Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Boazd of Appeals Date: ~~~Q G~ Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK S,..;'. .., ~ _.., NOTE TO FILE: Apri122, 2008 at 11:45 AM Telephone call from Andrew Freleng, Chief Planner, Suffolk County Planning Department. Although they did not have time to write the letter concerning the Southold Town Board Local Law concerning "Dog and Cat Day Care Facilities", the Suffolk County Plannine Commission has determined that this is a matter for local determination as there is not apparent significant county-wide or inter-community impacts(s). '• Linda J. Cooper Deputy Town Clerk ~ .c ~( I OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY yy~'~OF SOUI~~ T ~ ~ ~,~~~ ~~'YOOUNTV ~,+~n` MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 831 785-1838 Faa: 631 785.5138 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board Patricia Finnegan, Town Attorney From: Mark Terry, LWRP Coordinator'~~ Principal Planner Date: Apri121, 2008 Re: A Local Law in relation to Dog and Cat Care Facilities in the Limited Business Zone The proposed local law titled "A Local Law in relation to Dog and Cat Care Facilities in the Limited Business Zone" has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of • Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standazds. Based upon the information provided on the LWRP Consistency Assessment Fonn submitted to this department as well as the records available to me, it is my determination that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Kieran Corcoran, Assistant Town Attorney sn.zo Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION ITo be comoleted by Aoolicant or Project Soonsorl 1. APPLICANT/SPONSOR 2. PROJECT NAME Town of Southold A Local Law in relation to Dog and Cat Care Facilities in the LB.. 3. PROJECT LOCATION: Municipality Town of Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Limited Business (LB) Zoning District 5. PROPOSED ACTION IS: ^/ New ~ Expansion ~ Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: A Local Law in relation to Dog and Cat Care Facilities in [he Limited Business Zoning District 7. AMOUNT OF LAND AFFECTED: Initially rvH acres Ultimately tVA acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING 20NING OR OTHER EXISTING LAND USE RESTRICTIONS? ^/ Yes ~ No It No, describe brieFly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential ~ Industrial ~ Commercial ~ Agriculture ~ Park/ForesVOpen Space ~ Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ^/ Yes ~ No If Yes, list agency(s) name and permiVapprovals: Town of Southold Town Boazd 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ~ No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes ~ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicanusponsornaine: Scott Russell, Supervisor Date: APril 18, 2008 Signature: If the action is in the Coastal Area, and you are a state aggency, complete the Coastal Assessment Form before proceeding with tftis assessment OVER ±- PART II - IMPACT ASSESSMENT (To be completed by Lead Aaencvl A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. Yes ~ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. Yes ~ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: The proposed use is indoor and therefore no significant impacts are expected. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None C6. Long term, short term, cumulative, or other effects not identifred in C1-C5? Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? Yes ~ No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes ~ No If Yes, explain briefly: ~T III -DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. It necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance m ust evaluate the potential impact of the proposed action on the environmental characteristics ofthe CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive declaration. ^/ Checkthis box ityou havedetermined, based on the information and analysis above and any supporting documentation,thatthe proposed action WlL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Town of Southold Town Board Aprit 18, 2008 Name of Lead Agency Date Scott Russell Supervisor Print or Type Name o Responsible icer in Lead Agency Title of R pa Bible Offcer Signature of Responsible Officer in Lead Agency gnature of Prepar I different fr responsible officer) ~~ . PATRICIA C. MOORS Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 RECEIVED 17 Supervisor Russell and members of the c/o Town Clerk for public hearing Town Board Re: Public Hearing Dog & Cat Day Care Dear Supervisor and Board: Sou4hold Town tler~ As you know, I represent a member of the community who wishes to start a day care center for dogs. I am not available for the public hearing but wish to thank you personally and on behalf of my client for the opportunity to accept this use as a new business in the Town of Southold. I commend you for your willingness to make changes, when needed, to the Town Code. A concern was raised with regard to the sale of animals such as a "Puppy Mill"? My client is extremely opposed to "puppy mills" and pet shops which sell from puppy mills and she would recommend that the definition specify "no retail sale of pets" to be sure that • no one operates a dog or cat day care improperly. Pet owners in Southold rely on kennels in animal hospitals, family and friends to feed and walk the pet, and some enterprising individuals who open their house to boarders. A dog and cat day care center can provide quality daily care, exercise, companionship, and grooming services to the pet and peace of mind to the owner. My client and I hope that you will adopt the code changes which we believe will benefit pet owners throughout our Town. y yours, ricia C. Moore y-aa -odJ PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND ~~,oF so~Tyo~~/, T T p• ~o Oln CDUn 1 1 ~~ ~C i ~H 7: yoP y-za-oa' MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Faa: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott Russell, Town Supervisor Members of the Town Board From: Jerilyn Woodhouse, Planning Board Chairperson Date: April 14, 2008 Re: Resolution No. 2008-314 -proposed Local Law in Relation to Dog & Cat Care Facilities in the Limited Business Zone The Planning Board has evaluated the request to add a permitted use to the Limited Business (LB) District that would accommodate businesses related to indoor dog and cat care services. A review of the purpose of the LB District is useful and follows: § 280-40. Purpose. The purpose of the Limited Business (LB) District is to provide an opportunity to accommodate limited business activity along highway corridors, but in areas outside the hamlet central business areas, that is consistent with the rural and historic character of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural chazacter of the area. In contemplating the proposed addition of indoor dog and cat care facilities as a permitted use in the LB zone, the Planning Board raised the issue of whether this type of use can meet the purpose of the LB zone, stated above. The use would be compatible with the purpose of the LB zoning district only if the animals are kept indoors in a building that is insulated (to help mitigate the noise of barking dogs), and no odor or pollution is caused by animal waste disposal. The animals would also need to be controlled properly to prevent them from escaping and trespassing onto neighbors' properties. The definition of the new use, as proposed, appears to meet these criteria. #s~~o 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 a week for 1 week(s), successively, commencing on the 3rd day of April, 2008: Principal Clerk Sworn to before me this LEGAL N017CE N077CE OF rUBWC HFAllIN6 NOTICE LS HEREBY GTVEN, [here has been presented [d thelbwn Board of the Town of Southold, Suffolk County, New York, on the 25th day of March, 2008 a Local Law entitled •'A NOTICE IS HEREBY FURTHER GIYEN [ha[ [he Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law a[ the Southold Town Hall, 53095 Main Road, Southold, New York, on the 22nd 8y of Aptil, 2008 at 7:40 pea at which time all interested persons will be given an opportunity to be heard. The proposed Local Law eatkkd, A 6E TT ENACTED by the Town Board of the Town of Southold as follows: 1-Propose - In order [o promote a greater variety of commercial uses in existing real property m [he Limited Busaeas zone, the Town Board finds it appropriate m allow for a Dog and Ca[ Care Facility as a permitted use, pro- vided that all activity is conducted in- side ate facility, that sanitary conditions comply with all relevant regulations and adequafeparking is provided. IL Chapter 280, Zoning, of the Code of the Town of Southold is hereby amended as follows: § 280-4. Deimitioas. Cation. No outdoor kennels or pens are rermitted at such facility. and all does. and cats mustbe controlled at a0 Pones gLprevent [heir escape or trespass onto neiahboang~rooerties. Animal waste must be disrased of in a manner that will no[ pollute gromdwater or cause odors to leave the premises: and in accordance with-[he anplieable Town. cormty or state regulations The buildinpmust be insulated to minimize noise. such as doss barking. that may be heard from neieh- boringi~certies § 280.40. Purpose. The purpose of the Limited Business (LB) Distrct is to provide as opportu- nity to accommodate limited business activity alonghighway corridors, buf in areas outside the hamlet central business areas, [ha[ is consistent with [he rural ,and historc character of surtounding az- eas and uses. Emphasis will be placed on review of design features so [ha[ ezistlng and future uses will no[ detract from sur- rounding uses: The additional uses must generate low amounts, of traffic and be desig:ted to protect the residential and rural ckaracter of [he azea. . $ 7811.4E Use regulations \p n [he I,B Disfi'ict, no building or 7~-shall beused and no building of a building shall be erected or ~I day of 2008 altered which is arranged, intended or designed to be used, k whole or in part, for any uses except the fo0awing: A. Permitted uses"Ilte folbwing uses are permitted uses. All permitted uses except single-family and; owner-occu- pied two-family residences require site plan approval: (1) Any permitted use as. set forth in and regulated by § 280-13A of the Ag- ricultural-Conservation District except wineries, which shall be as set forth in Subsection A{9)below. (2) Reta6-businesses complementary to the rural and historic charackr of Ne surtouhding area, limited to the fo0ow- ing: _ (a) Custom workshops and machine shops; (b) Wholesale or reta6 sale and a:ses- sorystorage and display of gazden mate- rials ahdplants, including nursery opera- tions, provided [hat the outdoor storage or display of plants and materials dop norobstruct pedestrian flow or vehiculaz traffic and does not occur within three feet of [he propertyline. (c) Libraries or museums (3) Professional and business offices (4) Funeral homes. (5) Restaurants, ezcep[ drive-in res- taurants or formula restaurants (6) Repair shops for household, busi- ness or personal appliapces, including cabinet shops, carpenter shops,akari- caI shops, plumbing shops, furniture re- pair shops and bicycle and motorcycle shops, landscaping and other. service businesses (7) Hotels (8) Retail uses avppletpental to the service business establishment. (9) Wineries vyhich meet the follow- ingstandards (a) Wineries shall be afann winery licensed udder New York State law from whk6 w~ue made from. primarily IAng Islahdgmpee k produced and solo. (b) Wineries shall obmia site plah'ep- provaL (c) Wineries shall have retail Saks on site. (10) Bed-and-breakfast uses as set forth in-and as regulated by §280-13B(14). - (11)Private warehousing. (121:Indmr tlo¢: ~ cat care faci8- ~ars .. §280.78.OB-snxel parkjogwae.. - " 'Type of Use: Indoor dog and~cat care faGjlitie4 `. Required Number of Parking Spaces: 1 space per 400 feet of gross Iloor area . ID.SEVERABILI'tS''-" 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 [his law as a whole or anypart thereof other than the part so decided to be unconstitu[ion- aI orinvalid. IV. EFFEC"TINE DATE 'this Local Law shall take effect im- mediately after filing with the Secretary of State as provided by law. Dated: March 25, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth NeJille Town Clerk 8770-1T 4/3 C C~ ~ti~~-~,~ ~~u CHRISTINA VOLINSKI ~OTARV PUBLIC-STATE OF NEW YORK No. O1 •V06105050 ~ualltled In Suitolk County ry Commisslon Lxplrss February 20, 2012 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 25th day of March, 2008 a Local Law entitled "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone" 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 22"d day of April, 2008 at 7:40 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Dos and Cat Care Facilities in the Limited Business Zone" reads as follows: LOCAL LAW NO. 2008 • A Local Law entitled, "A Local Law in relation to Dos and Cat Care Facilities in the Limited Business Zone". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to promote a greater variety of commercial uses in existing real property in the Limited Business zone, the Town Board finds it appropriate to allow for a Dog and Cat Care Facility as a permitted use, provided that all activity is conducted inside the facility, that sanitary conditions comply with all relevant regulations and adequate parking is provided. II. Chapter 280, Zoning, of the Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. B. INDOOR DOG AND CAT CARE FACILITY - a facility that provides dog and cat care services includine, but not limited to, rog oming, day care, overni hg t care, obedience training and accessory retail sales of pet products, inside a building. All does and cats must be kept inside the building at all times, except for transfer to and from transportation No outdoor kennels or Hens are permitted at such facility, and all dogs and cats must be controlled at all times to prevent their escape or trespass onto nei hg boring properties Animal waste must be disposed of in a manner that will not pollute groundwater or cause odors to leave the premises, and in accordance with the applicable Town county or state regulations. The building must be insulated to minimize noise such as dogs barking that may be heazd from nei hg boringproperties. • § 280-40. Purpose. The purpose of the Limited Business (LB) District is to provide an opportunity to accommodate limited business activity along highway corridors, but in areas outside the hamlet central business areas, that is consistent with the rural and historic character of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area. § 280-41. Use regulations. In the LB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses. All permitted uses except single-family and owner-occupied two-family residences require site plan approval. (1) Any permitted use as set forth in and regulated by § 280-13A of the Agricultural-Conservation District except wineries, which shall be as set forth in Subsection A(9) below. (2) Retail businesses complementary to the rural and historic character of the surrounding area, limited to the following: (a) Custom workshops and machine shops; (b) Wholesale or retail sale and accessory storage and display of garden materials and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three feet of the property line. (c) Libraries or museums. (3) Professional and business offices. (4) Funeral homes. (5) Restaurants, except drive-in restaurants or formula restaurants. (6) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops, landscaping and other service businesses. (7) Hotels. (8) Retail uses supplemental to the service business establishment. (9) Wineries which meet the following standards: (a) Wineries shall be a farm winery licensed under New York State law from which wine made from primazily Long Island grapes is produced and sold. (b) Wineries shall obtain site plan approval. (c) Wineries shall have retail sales on site. (10) Bed-and-breakfast uses as set forth in and as regulated by §280-13B(14). (11) Private wazehousing. (12) Indoor dog and cat care facilities. § 280-78. Off-street parking areas. • Type of Use Required Number of Parking Spaces Indoor dog and cat care facilities 1 syace per 400 feet of gross floor area 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 after filing with the Secretary of State as provided by law. • Dated: March 25, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON APRIL 3.2008, 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 Building Dept ZBA Planning 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, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Public Hearing Local Law Dog & Cat Caze Facilities in the Limited Business Zone 4/22/08 7:40 pm ~~ ~ -~~~~ lizabeth A. Neville Southold Town Clerk Sworn before this . ~ day of ~, 2008. ~ ~ ~ w, ~-~ ~ Not y Public ~N F~ Y I~~?~~~O~, rk N~~~~~ ru ~; Sta~~ew York !gip, t6080209 TQu I~f87~Ti~d in Suffolk County erm xpires March $ 20 J1 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ,~;~pF SOpTyo~ r~t "F • ~~0,~ ~~y~DUNTI ~~rv' OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Mazch 31, 2008 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net Re: Resolution No. 2008-314 regarding proposed Local Law in Relation to Dog & Cat Facilities in the Limited Business Zone • Jerilyn B. Woodhouse, Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Ms. Woodhouse: The Southold Town Board at their regulaz meeting held on March 25, 2008 adopted the above resolution. A certified copy of same is enclosed. L Enclosures (1) Please prepare an official report defining the Planning Boazd's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law has also been sent to the Suffolk County Planning Department for their review. The date and time for the public hearing is April 22, 2008 at 7:40PM. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, (~~~ ~V L~ Elizabeth A. Neville Southold Town Clerk cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ,~~OF SOUIyo~ ~`~~ • ~~0,~ ~y00UMV ,N"~'' 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 Mach 31, 2008 • Andrew Freeling, Director of Planning Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Deaz Mr. Isles: Re: Reso. 2008-#314 regarding proposed Local Law in relation to Dog & Cat Facilities in the Limited Business Zone The Southold Town Boazd at their regular meeting on March 25, 2008 adopted the above resolution. Certified copy of same is enclosed. Please prepare an official report defining the Planning Commissions rewmmendations with regazd to this proposed local law and forward it to me at your eazliest convenience. This proposed local law has also been sent to the Southold Town Planning Boazd for their review. The date and time for the public hearine is Tuesday April 22 2008 7.40 PM Should you have • any questions, please do not hesitate to contact me. Thank you. Very truly yours, Enclosures C~-~~~~ iY l~ Eliz eth A. Neville Southold Town Clerk cc: Town Board Town Attorney Southold Town Board -Letter ;; ~. ~ ~~y,~a Board Meeting of M~rch 25, 2008 RESOLUTION 2008-316 ADOPTED Item # DOC ID: 3726 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2008-316 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 25, 2008: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the proposed Local Law entitled. "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone." to the Southold Town Plannine • Board and the Suffolk Countv Plannin¢ Commission for comments and recommendations. EQ.r.. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski ]r., Wickham, Evans ABSENT: Scott Russell • Generated March 27, 2008 Page 38 Southold Town Board -Letter ~r ®~y q,, as .,~+~,_ ~' Board Meeting of March 25, 2008 RESOLUTION 2008-314 ADOPTED Item # DOC ID: 3727 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2008-314 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 25, 2008: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 25th day of March, 2008 a Local Law entitled "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone" 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 22"a day of April, 2008 at 7:40 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone" reads as follows: • LOCAL LAW NO. 2008 A Local Law entitled, "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to promote a greater variety of commercial uses in existing real property in the Limited Business zone, the Town Board finds it appropriate to allow for a Dog and Cat Care Facility as a permitted use, provided that all activity is conducted inside the facility, that sanitary conditions comply with all relevant regulations and adequate parking is provided. II. Chapter 280, Zoning, of the Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. Generated March 27, 2008 Page 33 Southold Town Board -Letter B. Board Meeting of March 25, 2008 INDOOR DOG AND CAT CARE FACILITY - a facility that provides dog and cat care services including but not limited to grooming day care overnight care, obedience training, and accessory retail sales of pet products inside a building. All dogs and cats must be kept inside the building at all times except for transfer to and from transportation. No outdoor kennels or pens aze permitted at such facility and all dogs and cats must be controlled at all times to prevent their escape or trespass onto neighboringproperties Animal waste must be disposed of in a manner that will not pollute groundwater or cause odors to leave the premises and in accordance with the applicable Town county or state regulations The building must be insulated to minimize noise such as dogs barking, that may be heard from nei hg boringproperties. § 280-40. Purpose. The purpose of the Limited Business (LB) District is to provide an opportunity to • accommodate limited business activity along highway corridors, but in aeeas outside the hamlet central business areas, that is consistent with the rural and historic character of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area. § 280-41. Use regulations. In the LB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are pennitted uses. All permitted uses except • single-family and owner-occupied two-family residences require site plan approval. (1) Any permitted use as set forth in and regulated by § 280-13A of the Agricultural- Conservation District except wineries, which shall be as set forth in Subsection A(9) below. (2) Retail businesses complementary to the rural and historic character of the surrounding area, limited to the following: (a) Custom workshops and machine shops; (b) Wholesale or retail sale and accessory storage and display of garden materials and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three feet of the property line. Generated March 27, 2008 Page 34 Southold Town Board -Letter (c) Librazies or museums Board Meeting of March 25, 2008 (3) Professional and business offices. (4) Funeral homes. (5) Restaurants, except drive-in restaurants or formula restaurants. (6) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops, landscaping and other service businesses. (7) Hotels. (8) Retail uses supplemental to the service business establishment. (9) Wineries which meet the following standards: (a) Wineries shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. (b) Wineries shall obtain site plan approval. • (c) Wineries shall have retail sales on site. (10) Bed-and-breakfast uses as set forth in and as regulated by §280-13B(14). (11 ) Private warehousing. X12 1 Indoor doh and cat caze facilities. § 280-78. Off-street parking areas. Type of Use Indoor doe and cat caze facilities III. SEVERABILITY Required Number of Parking Spaces 1 space per 400 feet of gross floor area 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 after filing with the Secretary of State as provided by law. Elizabeth A. Neville Generated March 27, 2008 Page 35 Southold Town Board -Letter Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans ABSENT: Scott Russell Board Meeting of March 25, 2008 • Generated March 27, 2008 Page 36