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LL 2008 #12
SOUTHOLD TOWN BOARD PUBLIC HEARING September 9, 2008 7:50 PM This hearing was opened at 9:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski Councilman William Ruland Councilman Vincent Orlando Town Clerk Elizabeth Neville Town Attorney Patricia Finnegan COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12th day of August, 2008 a Local Law entitled "A Local Law in relation to Regulations Governing Farm Stands" 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 9th day of September, 2008 at 7:50 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 Regulations Governin~ Farm Stands" reads as follows: LOCAL LAW NO. OF 2008 A Local Law entitled, "A Local Law in relation to Regulations Governing Farm Stands". BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 135 of the code of the Town of Southold is hereby repealed in its entirety. A new Chapter 72 of the Code of the Town of Southold is hereby adopted as follows: I. §72-1. Title. This law shall be known as the "Agricultural Uses Law". II. §72-2. Purpose. Regulations Goveming Farmstands September 9, 2008 Regulation of agricultural uses in the Town of Southold is necessary to facilitate and encourage bona fide agricultural operations while providing for the health, safety and welfare of the Town's residents and its visitors. Farm stands are an important part of the Town's agricultural base and character, and are increasingly vital to the viability of the agricultural industry in the Town. The first Chapter of this proposed Local Law governing agricultural uses will pertain to farm stands, and require, among other things, that they be part of active fanning operations within the Town. §72-3. Statutory authorization. This local law is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to govern agricultural uses within the entire Town. The variance provision of this local law shall supersede any inconsistent portions of the Town Law Section 267-a and govern the subject of variances in this local law. §72-4. Definitions. As used in this Chapter, the following terms shall have their meanings indicated: AGRICULTURAL PRODUCTION - The production for sale of crops, livestock or livestock products, which shall include but not be limited to: (a) field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans; (b) fruits, including apples, peaches, grapes, cherries, tomatoes and berries; (c) vegetables, including snap beans, cabbage, carrots, beets and onions; (d) horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers; (e) livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, fanned deer, farmed buffalo, fur bearing animals, milk eggs and furs; (f) maple sap; (g) Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump; (h) aquaculture products, including fish, fish products, water plants and shellfish; (i) woody biomass, which means short rotation woody crops raised for bioenergy, and shall include farm woodland. AGRICULTURAL USES - Activities devoted primarily to production, processing, marketing and sale of agricultural and acquacultural commodities, including any and all agricultural, horticultural, vineyard products, corn for grain, oats, soybeans, barley, wheat, poultry or poultry products, bees, maple syrup~ christmas trees, livestock, including swine, and honey, sold in the state either in their natural state or as processed by the producer thereof but does not included milk, timber or timber products, other than christmas trees, all hay, rye and legumes. FARM STAND - Any primary structure or portion of a structure greater than 80 square feet in area used for the purpose of retail sale of locally produced agricultural product grown by the owner or lessor of the structure, as well as the accessory sale of processed agricultural products, agriculture-related products and incidental accessory items. For the purposes of this Chapter, a farm stand shall be limited to structures operated by an applicant on a parcel with either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or Regulations Governing Farmstands September 9, 2008 3 livestock products of an average gross sales value often thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. PROCESSED AGRICULTURAL PRODUCTS - Agricultural product which has been converted from its original state into a distinct product by techniques such as cooking, distillation, fermentation, crushing and straining. Examples of processed agricultural product include, without limitation, jams, jellies, cheeses, potato chips, wine and other alcoholic beverages. Simple washing, cleaning, arrangement or packaging of agricultural product shall not cause the product to be considered "processed" under this definition. RETAIL SALES AREA - Portions of a farm stand operation, usually covered, which are dedicated to the direct marketing and sale of farm stand products, including public rest rooms, but excluding storage areas, temporary display areas and other areas not accessible to the general public. ARTICLE I - FARM STANDS §72-5. Farm Stand Permit Required. A. No person shall erect, place or operate a farm stand without the Building Department's issuance ora farm stand permit for the farm stand operation. A farm stand permit shall be subject to revocation if the farm stand fails to operate in compliance with the requirements set forth herein. B. The Building Department shall only issue a farm stand permit to a party engaged in bona fide agricultural production within the Town of Southold. For the purposes of this Article, "bona fide agricultural production" shall be limited to the operation, within the Town of Southold, of either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. C. A farm stand existing as of the date of adoption of this Article which does not meet the requirements of this Article shall be deemed to be a nonconforming building under the Zoning regulations of this Code, Chapter 280. Notwithstanding the contrary provisions of this Article, a farm stand legally existing in the Town as of January 1, 2008 shall be permitted to expand or enlarge the total area of the farm stand structure(s) by up to fifty pement, cumulatively, of the total area of the farm stand structure(s) legally existing as of January 1, 2008, subject to compliance with the parking requirements of this Article. §72-6. Farm Stand Permits Issued Without the Requirement of Site Plan Approval. A farm stand permit shall be issued to applicants meeting the following requirements, and such farm stands shall not require site plan approval from the Planning Board, notwithstanding the provisions of Chapter 280, Article XXIV: Regulations Governing Farmstands September 9, 2008 (1) The farm stand is located on lands used in bona fide agricultural production by the owner or lessee of the property. (2) The total area of the farm stand structure(s) does not exceed 3,000 square feet. (3) The permanent farm stand structure is set back at least fifty feet from the road. (4) The farm stand parcel provides at least four off-street parking spaces, and also provides adequate space that may be used for unimproved on-site parking equivalent to one parking space for each 200 square feet of retail sales area. Retail sales operations that do not meet the definition of a farm stand pursuant to this Chapter, as well as farm stands that do not meet the requirements of § 72~6A, shall be subject to the full site plan requirements of Chapter 280, Article XXIV, as well as all other zoning and use restrictions of Chapter 280 or the Town Code. §72-7. Farm Stand Offerings. All farm stands shall conform to the following product offering restrictions: A. At least sixty percent of the gross dollar value of all items offered for sale at farm stands shall consist of agricultural products grown by the farm stand operator within the Town of Southold. B. No more than forty percent of the gross dollar value of all items offered for sale at a farm stand may consist of the following items only: (1) Agricultural products grown by a person or entity, other than the farm stand operator, engaged in bona fide agricultural production within the Town of Southold, and not including agricultural products not grown within the Town of Southold; (2) Items manufactured or processed from the agricultural products grown by the farm stand operator, or manufactured or processed from products grown by a person or entity, other than the farm stand operator, engaged in bona fide agricultural production within the Town of Southold; (3) Clothing, apparel and other similar items, but limited to such items that promote the specific farm stand site or operator, and souvenir items of the farm stand; and (4) Other accessory items, but limited to items complementary to the specific farm stand agricultural operation, such as decorative housewares, planters and like items. §72-8. Maximum Size of Farm Stand. In all cases, farm stand structure(s) shall not exceed 3,000 square feet in total area. §72-9. [Reserved] §72-10. [Reservedl §72-11. Variance Procedures. Any farm stand that is found not to meet the requirements of this Article may appeal such decision or seek a variance therefrom with the Zoning Board of Appeals. In addressing Regulations Governing Farmstands September 9, 2008 the merits of any variance application, the Zoning Board of Appeals shall consider the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the community by such grant, in further consideration of(l) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; (3) whether the requested variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the ~ranting of the variance. §72-12. Penalties for Offenses. Any violation of this Article shall be grounds for the revocation of an existing farm stand permit. Furthermore, any violator of this Article shall, upon conviction, be guilty ora violation punishable by a fine not exceeding $500 or imprisonment not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense as permitted by law. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $1,500 or imprisonment not to exceed 15 days, or both. II. 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. IlL APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have before me a lengthy legal out of the local newspaper, in which it was detailed for the public to read. It has also appeared on the Town Clerk's bulletin board outside. In a memo dated September 8th from Jerilyn Woodhouse, the Planning Board chair, she writes, 'The Planning Board has reviewed the proposed local law regarding the new town code for farm stands. We support the changes, however, we suggest that the farm stand total structure be clearly defined to make it easy to understand what is included when determining the maximum size of the building.' I have a memo dated September 8th from Mark Terry, the LWRP coordinator which reads in part, 'it is my recommendation that the proposed action is consistent with the policy standards and therefore is consistent with the LWRP.' There is a short environmental assessment form, signed here and a note from the Department of Planning from Suffolk County which says that 'this referenced application is not within the jurisdiction of the Suffolk County Planning Commission.' And I believe that those are the only substantive comments in the file. Regulations Goveming Farmstands September 9, 2008 6 TOWN ATTORNEY FINNEGAN: There are two, before we start the hearing, there are two changes that were proposed after the Planning Board made a comment made about whether it is for the floor area and that it be clarified in here, so the proposal is to add under 72-6-A2 where it says the total area, change the term to the total floor area as defined in Chapter 280, so that will include the whole floor area. SUPERVISOR RUSSELL: The whole structure. COUNCILMAN WICKHAM: And I should mention that in the text, it says the maximum size of farm stand, in all cases, farm stand structures shall not exceed 3,000 square feet in total area. TOWN ATTORNEY FINNEGAN: So that will be total floor area. COUNCILMAN WICKHAM: Total floor area. TOWN ATTORNEY FINNEGAN: And the same change will be 72-8, the same term is used again. Total floor area. And the, there is one other change under penalties for offenses, currently the fine for in the farm stand code are the first offense not exceeding $1,000, the second offense not exceeding $5,000. We have raised those fines by local law last year, so this actually lowers it so I think the intention is to keep it the same. The fines. So this is changed to $1,000 and $5,000 to be consistent with what it is today. COUNCILMAN WICKHAM: And days in jail? SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board? TONY COCHEO: Tony Cocheo, Southold Business Alliance. I want to commend the Board on this legislation, I think it really makes very specific sense of what we have been talking about for many years. There is only one thing that I think should be reviewed. In section 72-7 farm stand offerings # 4, it says other accessory items but limited to items complimentary to the specific farm stand agricultural operation, such as decorative housewares, planters and like items. The first part of it sounds very good but it is not specific. It kind of leaves the door open to anything m~d that fits within the 50% of non farm produced items. SUPERVISOR RUSSELL: Forty percent. The intent there was to say if you are a greenhouse grower and you are selling the planters with the plants, that seems appropriate. If you are selling things that are consistent and complimentary to you ag products, it seems appropriate. I appreciate the comment that it is not very specific. It is very difficult to bring too much clarity to it and this law isn't really meant to micro- manage farm stands, it is to really get those that are so outside the field of what a farm stand is intended to and to reel them back in. Regulations Governing Farmstands September 9, 2008 MR. COCHEO: But this tends to open the door to a lot of abuse, especially when it says something such as decorative housewares. You know, that could be anything. And I don't know how you define what is specific to a farm stand that is accessory items? COUNCILMAN KRUPSKI: Councilman Wickham and I have recused ourselves from quite a few of these meetings, code meetings and work sessions... COUNCILMAN WICKHAM: All of them. COUNCILMAN KRUPSKI: On this and the only time I commented was the last public hearing and I am going to comment on that, I mean, that has got to be up to the discretion of the Board, whether they want to keep 60% as agricultural products produced on the farm or raise it, that has got to be a Board decision. What percentage. And that would obviously limit that type of scenarios that you are talking about. MR COCHEO: Right. The way to get around this might be to apply a percentage to number 4, five percent. You can really keep it to a minimutn and then apply the you know, the judgment of whether it is accessory items. SUPERVISOR RUSSELL: We did talk about that, the mathematical equation is becoming very problematic. We already have a 60% threshold, then if it is 5%, is it 5% based on sales area or 5% based on value? Again, it is not the most precise language there but under the current code, you can sell virtually anything and not even be a farm operation. So we are certainly taking a huge step in that right direction. MR. COCHEO: Well, hopefully then, if passed as is, the oversight and enforcement will be critical. SUPERVISOR RUSSELL: Well, I would certainly welcome the opportunity down the road to revisit some of these more problematic aspects but in the interest of I would say brevity, but that would almost be ironic of trying to get this thing done... MR. COCHEO: Yeah. We have all talked about the concerns that the business community in Southold has... SUPERVISOR RUSSELL: And there might be those little holes that people drive wedges through down the road which might make us rethink this, I talked to Chris Baiz who has been a very, very committed chairman of the Ag Advisory Committee, saying maybe you know, when those things happen, we might need to address them then. It is, again, you don't want to stop the well intentioned because of the concern for a few. MR. COCHEO: The interest of course, is to have the well intentioned farm stands do well and thrive. SUPERVISOR RUSSELL: That is exactly right. Regulations Goveming Farmstands 8 September 9, 2008 MR. COCHEO: Okay. COUNCILMAN ORLANDO: And Tony, we talked about it at the committee meetings, like the Supervisor said. We talked amongst ourselves and we talked about it in general that yes, things accessory to a farm stand and not you know, yodels or a pack of gum or dolls but something more related to the farm. The pumpkin industry or the .... MR. COCHEO: The exemptions still exist in here of I think there was soda and water, things like that. That still exists in here, does it not? SUPERVISOR RUSSELL: I don't think we referenced it. MR. COCHEO: Because that was in the original legislation. SUPERVISOR RUSSELL: Yeah, we referenced beverages in the original .... MR. COCHEO: Beverages was in there and probably should be kept in there. SUPERVISOR RUSSELL: We referenced beverages, we made no references to food on site. What I think we determined was, the issue right now isn't a problem. Most of the beverages are confined to a soda machine or bottled water. Again, that might be one of those issues, you can't envision what one clever opportunist is going to do down the road and we might just need to sit down and have to take some new views on it but in the meantime, we want to just get it running. MR. COCHEO: Okay. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? Linda? LINDA GOLDSMITH: Linda Goldsmith, East Marion. On section 72-5, I am wondering how you came up with these certain numbers? In section B, the building department shall only issue a farm stand permit, you have not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products with an average gross sales value of $10,000 or more or land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock, livestock products of an average gross sale value of $50,000. SUPERVISOR RUSSELL: Right. That is State Ag and Markets law. The Department of State Ag and Markets in New York State defines bona fide ag operation. They use gross sales as the defining feature. The idea is that if you have the critical land and you can produce at least $I0,000 in crop; it used to 10 acres and $10,000 now it is 7 acres and $10,000, you are a bona fide ag operation. They changed that ag and markets law a few years ago to allow for under 10, now it is under 7 acres but they said the threshold needs to be higher. And that accommodates for the higher producing operations that you might see today. That would be nurseries, container stock, that .... Regulations Governing Farmstands 9 September 9, 2008 MS. GOLDSMITH: So that is why the $50,000 ....... SUPERVISOR RUSSELL: They are protected by state, that law reflects exactly what is afforded in ag and markets law. And they are protected. MS. GOLDSMITH: Okay. Thank you. SUPERVISOR RUSSELL: Gail? GAIL WICKHAM: I just had really two procedural questions or comments. Onehasto do with that same provision, 72-5 B, when the building department has to make a determination as to whether that operator meets that ag and markets criteria in order to issue the permit, are you expecting that the building department will actually go through that analysis or will they be able to utilize the fact that the operator may have already obtained an ag exemption from the Assessors office? Because I... SUPERVISOR RUSSELL: The exemption makes it easy but you can't require someone to get an exemption they don't want. MS. WICKHAM: No. SUPERVISOR RUSSELL: What we envision is that they would be referred to from the chief building inspector to the ag advisory committee who can follow through and determine the bona fide status of that operation. MS. WICKHAM: And my question is whether the building department would have to make a separate evaluation if the operator already has the Assessor's ag exemption? Or can they rely on that without having to set up a whole new... SUPERVISOR RUSSELL: No, they have already met that criteria, but the exemption is one of the reasons or one of the ways you can demonstrate that you have met that criteria. MS. WICKHAM: So that would be sufficient for the Building Department, good. Because I think that is a good thing and the second thing I just wanted to ask about was the fact that you have limited the agricultural production to geographic area within the Town of Southold and I would really leave this to the fanning community as whether that stops at the Laurel line or whether the more economic operation out here of agriculture is perhaps the north fork because I think there are farming operations that do transcend that line and that might come into play with some of the, particularly the western farms. I just would like to throw that out there for consideration. SUPERVISOR RUSSELL: Thank you. MS. WICKHAM: I think that, those were my two main questions. Thank you. SUPERVISOR RUSSELL: Would anybody else like to comment on the...? Mr. Baiz? Regulations Goveming Farmstands 10 September 9, 2008 CHRIS BAIZ: Good evening, ladies and gentlemen of the Board. My name is Chris Baiz, resident of the village of Southold and a member of the Ag Advisory Committee. No doubt I don't need to say to any of you that we have probably surpassed the five year mark on trying to bring something as simple as this to this level. I think more important than any aspects that need closer defining, more micromanaging. It is really an issue of finding an economic threshold that a farming operation and our farming units are small, a farming unit here might average 20 acres, there are many under that, these are very small farming operations and they do have to depend more and more on a retail value for market in order to keep the land in agricultural production. And Mr. Supervisor, as you and I discussed a couple of weeks ago at one of our committee meetings, really the overall intent of this is if you have got an economic operation, you have viable land preservation. And I am not sure that this particular law is going to suddenly, upon passage, have a surplus of New York city folks running out here all wanting to be farmers and put up their 3,000 square foot farm stands. First of all, to a farmer, 3,000 square feet of farm stand is incredibly expensive at $150 a square foot, I don't think somebody is going to run out and spend $300,000 or $400,000 to sell a head of cabbage, let alone as somebody had suggested, Cabbage Patch dolls as part of the accessory items. We are not going to make a killing on it. The primary objective is to find an economic threshold to keep 7 to 10 to 15 acre farms economically viable for the current operator and possibly for a child of that operator and a grandchild of that operator going forward, so that we have economic and viable land preservation, agricultural preservation of that land. I want to thank you all for your support in this and I hope we can go to quick passage on this tonight. Thank you. SUPERVISOR RUSSELL: Quick being an ironic choice of words. Thank you. Would anybody else like to address the Town Board on the farm stand law? Okay, let me just say very briefly, I am sorry, it has been a long night. The Ag Advisory Committee has a very difficult task. They are all self-employed, they work very long hours and to get them in to help us participate in legislation is a very difficult, we had a vacancy with the chairmanship this year, Chris Baiz had no time but stepped up anyway, took on the chairmanship, has been attentive to the farmers needs, he is in my office every day with another aspect to discuss on agriculture, so I think he needs to be recognized for that. So with that, Chris, thank you very much for everything you have done for the ag community. Sandy? SANDY MEYER: I am Sandy Meyer, I have a small farm stand on the Main Road in Cutchogue and looking at this in the section of processed agricultural products that include wine and alcoholic beverages, is this more meant to also be applied to the .... SUPERVISOR RUSSELL: No. No. The 60% would require that it is the crop produced on site in its unprocessed state. The 40% would allow you to manufacture some of those crops into food products and wine. We are addressing a winery issues, we are going to, you know, we need to revisit that in its entirety and we will hopefully have legislation in the near future addressing those needs. Regulations Goveming Farmstands 11 September 9, 2008 MS. MEYER: And that would be considered a separate.. SUPERVISOR RUSSELL: Mmmhmm. COUNCILMAN ORLANDO: Unless you are going to grow potatoes and make potato vodka. MS. MEYER: Well, I jut noticed because alcoholic beverages were included in the... SUPERVISOR RUSSELL: law. Whiskey is a crop. MS. MEYER: Thank you. SUPERVISOR RUSSELL: response) This hearing was closed at 9:50 PM That is the state ag and markets law. It is ag and markets Would anybody else like to address the Town Board? (No Southold Town Clerk SOUTHOLD TOWN BOARD PUBLIC HEARING July 1, 2008 4:40 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski Councilman William Ruland Councilman Vincent Orlando This public hearing was called to order at 5:16 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 3rd day of June, 2008 a Local Law entitled "A Local Law in relation to Regulations Governing Farm Stands" 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 Ist day of July, 2008 at 4:40 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 Regulations Governine Farm Stands" reads as follows: LOCAL LAW NO. OF 2008 A Local Law entitled, "A Local Law in relation to Regulations Governing Farm Stands". BE 1T ENACTED by the Town Board of the Town of Southold as follows: II. Chapter 135 of the code of the Town of Southold is hereby repealed in its entirety. A new Chapter 72 of the Code of the Town of Southold is hereby adopted as follows: §72-1. Title. This law shall be known as the "Agricultural Uses Law". §72-2. Purpose. Regulation of agricultural uses in the Town of Southold is necessary to facilitate and encourage bona fide agricultural operations while providing for the health, safety and welfare of the Town's residents and its visitors. Farm stands are an important part of the Town's agricultural base and character, and are increasingly vital to the viability of the Farm Stands Public Hearing July 1, 2008 2 agricultural industry in the Town. The first Chapter of this proposed Local Law governing agricultural uses will pertain to farm stands, and require, among other things, that they be part of active farming operations within the Town. §72-3. Statutory authorization. This local law is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to govern agricultural uses within the entire Town. The variance provision of this local law shall supersede any inconsistent portions of the Town Law Section 267-a and govern the subiect of variances in this local law. §72-4. Definitions. As used in this Chapter, the following terms shall have their meanings indicated: AGRICULTURAL PRODUCTION - The production for sale of crops, livestock or livestock products, which shall include but not be limited to: (a) field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans; (b) fruits, including apples, peaches, grapes, cherries, tomatoes and berries: (c) vegetables, including snap beans, cabbage, carrots, beets and onions; (d) horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers; (e) livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buflhlo, fur bearing animals, milk eggs and furs; (t) maple sap; (g) Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump; (h) aquaculture products, including fish, fish products, water plants and shellfish; (i) woody biomass, which means short rotation woody crops raised for bioenergy, and shall include farm woodland. AGRICULTURAL USES - Activities devoted primarily to production, processing, marketing and sale of agricultural and acquacultural commodities, including any and all agricultural, horticultural, vineyard products, corn for grain, oats, soybeans, barley, wheat, poultry or poultry products, bees, maple syrup, christmas trees, livestock, including swine, and honey, sold in the state either in their natural state or as processed by the producer thereof but does not included milk, timber or timber products, other than christmas trees, all hay, rye and legumes. ENCLOSED RETAIL SALES AREA - That portion of a farm stand's retail sales area which is protected from the elements on all sides by permanent exterior walls. FARM STAND - Any primary structure or portion of a structure greater than 80 square feet in area used tbr the purpose of retail sale of locally produced agricultural product grown by the owner or lessor of the structure, as well as the accessory sale of processed agricultural products, agriculture-related products and incidental accessory items. For the purposes of this Chapter, a farm stand shall be limited to structures operated by an applicant on a parcel with either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value often thousand dollars or more; or, Farm Stands Public Hearing July 1, 2008 land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. PROCESSED AGRICULTURAL PRODUCTS - Agricultural product which has been converted from its original state into a distinct product by techniques such as cooking, distillation, fermentation, crushing and straining. Examples of processed agricultural product include, without limitation, jams, jellies, cheeses, potato chips, wine and other alcoholic beverages. Simple washing, cleaning, arrangement or packaging of agricultural product shall not cause the product to be considered "processed" under this definition. RETAIL SALES AREA - Portions of a farm stand operation, usually covered, which are dedicated to the direct marketing and sale of farm stand products, including public rest rooms, but excluding storage areas, temporary display areas and other areas not accessible to the general public. §72-5. A. ARTICLE I - FARM STANDS Farm Stand Permit Required. No person shall erect, place or operate a farm stand without the Building Department's issuance of a farm stand permit for the farm stand operation. A farm stand permit shall be subject to revocation if the farm stand fails to operate in compliance with the requirements set tbrth herein. The Building Department shall only issue a farm stand permit to a party engaged in bona fide agricultural production within the Town of Southold. For the purposes of this Article, "bona fide agricultural production" shall be limited to the operation, within the Town of Southold, of either: not less than seven acres of land used as a single operation in thc preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years/'or the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. A farm stand existing as of the date of adoption of this Article which does not meet the requirements of this Article shall be deemed to be a nonconforming building under the Zoning regulations of this Code, Chapter 280. Notwithstanding the contrary provisions of this Article, a farm stand legally existing in the Town as of January 1. 2008 shall be permitted to expand or enlarge the enclosed retail sales area of the farm stand operation by up to fifty percent, cumulatively, of the enclosed retail sales area legally existing as of January 1, 2008, subject to compliance with the parking requirements of this Article. §72-6. Farm Stand Permits Issued Without the Requirement of Site Plan Approval. A farm stand permit shall be issued to applicants meeting the following requirements, and such farm stands shall not require site plan approval from the Planning Board, notwithstanding the provisions of Chapter 280, Article XXIV: (1) The farm stand is located on lands used in bona fide agricultural Farm Stands Public Hearing 4 July 1, 2008 (2) production by the owner or lessee of the property. The enclosed retail sales area of the farm stand does not exceed 2,000 square feet, and the total retail sales ama of the farm stand does not exceed 3000 square feet. (3) The permanent farm stand structure is set back at least fifty feet from the road. (4) The farm stand parcel provides at least fbur off-street parking spaces, and also provides adequate space that may be used tbr unimproved on-site parking equivalent to one parking space for each 200 square feet of retail sales area. Farm stands that do not meet alt of the criteria set fbrth in §72-6A, but meet at least the following, shall be subject to the requirements of the Modified Agricultural Site Plan approval process as set forth at §72-10, notwithstanding the provisions of Chapter 280, Article XXIV, if such farm stands meet at least the /bllowing: ( 1 ) The farm stand is located on lands used in bona fide agricultural production by the owner or lessee of the property. (2) The enclosed retail sales area of the farm stand does not exceed 3000 square feet, and the total retail sales area of the farm stand does not exceed (3) 4,000 square feet. The permanent farm stand structure is set back at least fifty feet from the road. (4) The farm stand parcel provides at least four off-street parking spaces, and also provides adequate space that may be used for unimproved on-site parking equivalent to one parking space fbr each 200 square feet of retail sales area. Retail sales operations that do not meet the definition ora farm stand pursuant to this Chapter, as well as farm stands that do not meet either the requirements of §§ 72-6A or B, shall be sabiect to the full site plan requirements of Chapter 280, Article XXIV, as well as all other zoning and use restrictions of Chapter 280 or the Town Code. §72-7. Farm Stand Offerings. All farm stands shall conform to the following product offering restrictions: A. At least sixt,/percent of the gross dollar value of all items offered for sale at farm stands shall consist of agricultural products grown by the farm stand operator within the Town of Somhold. B. No more than forty percent of the gross dollar value of all items offered for sale at a farm stand ma,/consist of items manuthctured or processed by the farm stand operator, or other items complementary to the farm stand operation, including items ~rown, manufhctured, processed or packaged elsewhere, and food, clothing or souvenir items accessory to the farm stand operation. §72-8. Maximum Size of Farm Stand. Farm Stands Public Hearing July 1, 2008 5 In all cases, farm stands shall not exceed 4,000 square feet in enclosed retail sales area, excluding storage areas, temporary display areas and areas inaccessible to the general public. §72-9. IReservedl §72-10. IReservedl §72-11. Variance Procedures. Any farm stand that is fbund not to meet the requirements of this Article may appeal such decision or seek a variance there/rom with the Zoning Board of Appeals. In addressing the merits of any variance application, the Zoning Board of Appeals shall consider the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfhre of the community by such grant, in further consideration of (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; (3) whether the requested variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the variance. §72-12. Penalties for Offenses. Any violation of this Article shall be grounds for the revocation of an existing farm stand permit. Furthermore, any violator of this Article shall, upon conviction, be guilty ora violation punishable by a fine not exceeding $500 or imprisonment not to exceed 15 days, or both. Each day on x~ hich such violation shall occur shall constitute a separate, additional offense as permitted b) law. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $1,500 or imprisonment not to exceed 15 days, or both. 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. APPLICABILITY AND EFFECI'IVE DATE This Local Law shall lake effect immediately upon filing with the Secretary of State as provided by law. That summarizes briefly the proposed law that is out fbr public hearing this afternoon. SUPERVISOR RUSSELL: I just want to clarify something that might have been presented. An operating, existing farm stand is not required to come and get a permit to run a farm stand. Those are existing farm stands. This speaks to the new farm stands as Farm Stands Public Hearing July 1, 2008 6 they come in. Doug, people like you that have been out in this business for a long time, you don't have to mn and get a lb_rm stand permit. This is for construction of new structures. It is a change in market out here, it is a change in dynamic, we wanted to have a law that is a little bit broader and a little bit more confusing than the law I was always hoping for but this is a work product of a lot of different people, with a lot of different input. Now, would anybody like to come up and address the Town Board? COUNCILMAN WICK}lAM: There is quite a bit more here. SUPERVISOR RUSSELL: I am sorry. COUNCILMAN W1CKHAM: That is the law that was summarized. There are a few more items in the file that need to be read into the record. One of them is that the Suffolk County Planning Commission also has lbund this one to be considered a matter for local determination and no input t?om them. I have a two page memo from the Chair of the Planning Board which I think ! should read more or less in its entirety. This is the recommendations from them regarding this proposed resolution. "The Planning Board has reviewed the proposed local law regarding new Town code /'or farm stands. We support updating the farm stand code, however, we have some comments regarding the proposed legislation as tbllows: 1. Statement of purpose: consider adding more language about supporting local agriculture to this section of the law. 2. Maximum size: consider capping the maximum size at 3,000 square feet of enclosed retail area instead of the proposed 4,000 square feet. 3. Parking requirements: consider simplifying the parking requirements to read as follows or something similarly simple: the farm stand parcel provides at least fbur off-street parking spaces and also provides adequate space that may be used to accommodate seasonal fluctuations in parking needs so that safe conditions for the public are maintained at and around the farm stand at all times. 4. A concern was raised about existing farm stands and what their status would be after the new code is enacted-how many lhrm stands would become non-conforming? 5. Processed agricultural products are defined, however, am not treated any differently than other retail products. Consider providing an incentive tbr faim stands to carry products made from locally grown produce by providing an iocentive to do so. For example, you might consider a ~nore stringent limit than 40% on non-local processed foods, souvenirs, clothing and other retail items but give an incentive for selling products made with locally grown produce by allowing a higher percentage of the gross sales to be processed, if the processed itetns are from locally grown produce. 6. Develop criteria and a mechanism 2)r evaluating the percentage of local produce versus other retail and involve the Agricultural Advisory Committee in this process. 7. Definitions and consistency: there a number of definitions throughout the code in other chapters that are not consistent with the definitions in this new chapter. The Planning Department has a comprehensive list of those definitions to be provided to the Town Attorney's office." In addition, we have a short environmental assessment lbrm tbr a list of actions completed for this pr.othPOSed law. I have a memo from the LWRP coordinator, who has reported as of June 30t , 'It is my recommendation that the proposed action is consistent with the policy standard and theretbre is consistent with the LWRP.' And that, and finally I have the legal that appeared in the Suflblk Times newspaper back in June 12 and affirmation that Farm Stands Public Hearing July 1, 2008 7 it showed up on the Town Clerk's bulletin board outside. What have I got here? This morning we had Mr. Huntington who is a long time member of the Land Preservation Committee, who left off' some comments that should be added to the file. This has to do with definitions. "The proposed code defines a farm stand as it is written here in the text. Does this mean that the retail sales of crops from equipment or facilities that are less than 80 square feet in area or from wagons totaling less than 80 square feet or from a sellers parcel that is less than seven acres or from a sellers parcel that produced less than $50,000 in sales in the last two years are not sold from farm stands? (That is his question) If so, then what are such small, what do we call such small stands selling crops? There are hundreds around to~n. Will the existing code address them as retail business activities? is it proposed that the revised code will ignore them? Are they unregulated? What about the definitions and requirements in Chapter 280? (Which is on the other side.) It is agreed that we need to facilitate farmers access to local and tourist retail markets, but small stands are also an important characteristic of our town. Should we not recognize them in this legislation? Can we not call them 'yard stands' and define them as such? It' this appears to be too knotty an issue, as a special case of retail sales, could we not create a limited class by requiring 100% on parcel or 100 % within township crop cultivation?" This is Ray' Huntington of Cutchogue. And those are the comments that are in the file. COUNCILMAN KRUPSKI: Betbre we start the hearing, I just want to make it clear. As the Towu Board took this up with the Code Committee quite a long time ago and at that Code Committee, I remember Councilman Wickham and I getting up and walking out at that point. I just want to make it clear, because this affects me directly, I have had no discussion with any, you know, Town Board members, with the Ag Advisory Committee on this and no part in shaping this legislation. I will however, during the hearing, 1 do have comments on this because it does affect me directly and affects my family directly and our business and because of that, 1 xvill reserve my comments until the end. SIJPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this issue? Mr. Baiz? CHRIS BAIZ: Goad afiernoon, Supe, rvisor Russell and members of the Board. My name is Chris Baiz, I live here in Soutimid. For the last four months I have been acting chair of the Ag Advisory Comnfittee, while the current chairman Bob VanBourgondien has been otherwise disposed and not able to meet our, with our meetings on Wednesday nights, the ti-drd Wednesday of each month. The process for this farm stand legislation goes back to the direction and guidance of Supervisor Russell to January of 2006. We are now July 2008, so we are a good 2 V2 years down the road on this. The key things were to make farm stand code simple, andecstandable, to allow an economic agricultural operation to enter the Town, if it isn't already here. Of those who are already here but don't have farm stands to be abie to establish a farm stand that is an economically viable entity. On, what I like to call a windshield cruise, I have driven around town, I have counted a total of 32 lhrm stands. Some of them 1 have digitally photographed. I should have brought my laptop computer in and we could have had a flashing display of all the farm stands here in town. There are farm stands from card table to, pardon me, Harbes Farm Stands Public Hearing 8 July 1, 2008 table size farm stands. Even the largest, at this stage of the game, fits within the guidelines of this law. We are simply trying to make something as the Agricultural Advisory Committee's recommendations, something that is viable year round, for a farm family to operate a business. The sizc demarcations are in, shall we say, sent with agricultural and markets law of the State of New York which I think greatly benefits the opportunity for us and the big thing is that we want for the future to create the opportunity for a farm family to have an economically viable entity in order to support their farming operations and to support keeping that land open and active and working as a farming operation in the Town of Southold. To that end, the members and the chairman of the Ag Advisory Committee have asked me to convey to you all that we are very much in favor of this moving forward. Obviously from some of the material that has been presented to date, there is a lot of ettbn to micro manage a little comer here and a little corner there. I think more importantly, let's get this on the books. We don't expect a stampede, we don't expect 30 new 3,000 square foot farm stands. Remember a fully enclosed farm stand at a modest $150 sqaare toot at the 2,000 square foot level is a $300,000 proposition and fbr anybody who is a farmer in this room I don't think anybody is about ready to spend $300,000 just to put up a building that he hopes that he can sell his produce and product in. So with that, we hope you will support this. We think it is a move in thc right direction ibr our high cost of land and obviously what has happened this year with the astronomical increases in energy related materials such that farmers are having to cut back to half of their acreage planted this year because of diesel prices and fertilizer prices. We do need to find a retail economically viable outlet for our farmlands to remain active and viable l'~r the town. lh~ank you. SUPERVISOR RUSSELL: Thank yon. Who else would like to get up and address the Town Board? Mrs. Egan? JOAN EGAN: Joan Egan, East Marion. I did not have the opportunity to go over all of this. I had ',he printout t?om a ~cek or two ago. I think as said here and I hope that a lot of the farm people were notifie6 about what was happening here and I think we have to take (inaudible) are wineries considered far~n stands? SUPERVISOR RUSSELL: I'qvt as a result of this legislation, no. MS. EGAN: No. They are no, included in this. As I get ~nost of the feedback for myself and speaking with others, in other words, you want them to just have produce from either their farm or neighboring farms. Then you don't want them to sell mugs and funny things that are unrelated? SUPERVISOR RUSSELL: No. Actually there were so many different efforts here to try to accommodate the changing neec~s of agriculture. Obviously the first thing we want to do is make sure it is a bona fide ag operation. This is a tbrm of retailing that should be a privilege to an ag operator, not anybod~ that warns to come in and start going into the business. So we defined agriculture based on state ags and market law. At the same time you need to recognize that it is riot rcalisiic to expect an agricultural operation to survive on just what it can produce on site anymore. They need to stay in business a little bit Farm Stands Public Hearing July 1, 2008 longer. The 40% rule was for non-agricultural or accessory items was meant to address that. Some issues were raised to me the other day which I will mention in a minute about how to try to address that more fairly because I had business owners who were concerned about that but the idea was to provide more extended opportunities fbr ag operations. MS. EGAN: Yeah, well that sounds good. Now the uh, you are going to make it as simple as possible .... SUPERVISOR RUSSELL: That was the ~oal but we missed that mark by a mile. MS. EGAN: I think it should be noted and well, it was addressed lightly you know, with the increase ofoil prices and everything and you know the products that they use to make the land better and the soil better and all of that and with gas prices for us going to farm stands, you know you are not going to Joe Blows for this and Tom this for that and Bill, you am going to go to one place that has the most because this stopping and going it is so hard on your car. Now 1 have heard and I think I read it somewhere and I think it is great and I hope it gets pushed around humongously, a lot of our restaurants buying exclusively their produce and their poultry and their fish, if you will, which are a farming thing, from local people and I think that is fantastic. This helps all of us because we don't want to lose our farm stands. This is part of our culture out here, so I hope whatever you decide to do up there will be the best for fhrmers and for us. Thank you. SUPERVISOR RUSSELL: T?,ank you. Would anybody else like to come up and address the Town Board on thc iss~e of ~he [arm stand code? KEVIN SHANNON: Hi, I am Kevin Shannon and there are two issues I think that I find disturbing. One is the size of ihe overall retail space, the enclosed retail space. Four thousand square feet is a huge retail space. And that doesn't include any ancillary storage space. That is separate and that doesn't go into that calculation. So, that is one issue. The second issue is thc amount of producc. I mean, it is like oh my god, this is almost a super store in 'terms of the~ and I don't know how you get around this exactly by identifying each product but if I went down the list of things, there were livestock items, you know, including cattle, sheep, hogs, poultry, nursery products, fish products and fish, vineyard produc~s, alcoholic 13everages, clothing, souvenir items, l mean, it is a huge list of items and maybe thai is why they need the 4,000 square feet but I think the Planning Department comment about scaling that back somewhat is valid and maybe even further than 3,000 square feet bu~ 1 thimc if you can tighten up the definition, you know, in terms of products that they are going lo sell, 1 don't know why the wine and alcoholic beverages are in there, are they, is that lbr catering purposes? SUPERVISOR RUSSELL: Let me just clarify, that is actually that is culled right from New York State Agriculture and Markets. MR. SHANNON: ©kas. SUPERVISOR RUSSELL: it is not our dclinition. The underlying or the underpinning to that is that .~ou don't get to build this big structure and fill it with all these different Farm Stands Public Hearing July 1, 2008 10 items, 60 percent of what you are selling you have to grow right there on site. It is the 40 percent that you could have the t-shirts, the souvenirs etc. That, the idea was again to allow a farmer to do what a farmer does, which is to grow and sell their items. The broadness of that comes f¥om ag and markets law. MR. SHANNON: Yeah. Okay. We all know the traditional farm stands... SUPERVISOR RUSSELL: Right. MR. SHANNON: Okay, and now. you know, and the t-shirts don't bother me, the souvenirs don't bother me but now you are adding fish products. Are they are farm stand or are they selling fish products'? Are they competing with Southold sea food market? You know, with Brauns? What is the .... SUPERVISOR RUSSELL: I can appreciate that. MR. SHANNON: That is why I was troubled by the broadness of this. SUPERVISOR RUSSELL: I can appreciate that. I actually had a few business owners come to me the other night to talk about the issue of the 40 percent, the 60 percent should be easy for everyone. If you didn't grow it, you can't sell it. MR. SHANNON: Yes. SUPERVISOR RUSSELL: The 40 percent becomes problematic. I had some business owners raise some concerns about why should I have to compete against someone who enjoys the benefits of selling without the underlying issues of commercial taxes etc. They wanted to see a clearer definition of what that 40 percent would include. And again, they weren't bothered by t-shirts or this or that. They were bothered by what are they going to be selling that I am soiling taat my overhead is much higher than theirs? MR. SHANNON: Right. SUPERVISOR RUSSELL: I think that is a fhir point but again, the broadness of that other wasn't to allow Ibr that. it was to say, if you produce fees based on ag and markets laws, 60 percent of theirs can be sold on site and 40 percent is accessory items as you see fit. Fish products, all of that is actually part of ag and markets law now. MR. SHANNNON: Okay. l'?ze other thing that [ would point out is, if you take, the way the definition is written I believ'e, is 60 percent of the gross dollar value, okay, so that means that 40 percent of that 60 percent of the gross dollar value, so that in and of itself is somewhat limiting in what they can sell in what they can sell in that 40 percent. SUPERVISOR RUSSELL: Yeah, it is the gross dollar value of the crops and then 40 perccnt of what your revenue can be supplemented... Farm Stands Public Hearing 11 July 1, 2008 MR. SHANNON: 1 don't know who comes in and enforces that, you know, you have got that code guy .... SUPERVISOR RUSSELL: We have that, no matter what you do, the underlying issue is enforcement is going to be a problem but the assessors regularly were able to calculate income from farms ~br exemption purposes. 1 don't, the idea isn't to say oh, this guy has 41 percent today, shut him down, the idea is to put in some general parameters so when that farm stand comes in that doesn't have anything planted but wants to be able to go into competition basically as a wholesaler and start selling against you know, competing against farmers, who have the burden of an operation, we can step in and say you don't comply with this. We need some standard in there and that is where that came from. COUNCILMAN KRUPSKI: When I speak, I have a suggestion about how to try to enfome that. MR. SHANNON: Okay. SUPERVISOR RUSSELL: Okay. Would anybody else like to address the Town Board on this issue? Mr. Wills? FRANK WILLS: Frank Wills, Mattituck. I would like to add and reinforce the previous gentlemen's comments about the maximum size of the building. If my math is correct and I believe it is, 4,000 square fbot is 10 percent of the total of an acre. I don't know whether we want to fill up our farmland, which we so much admire, with buildings for 4,000 square feet. I think it is excessive. SUPERVISOR RUSSELL: Mr. Cooper? DOUG COOPER: Good afternoon, Board members. Doug Cooper, Mattituck. I helped work with the Ag Advisory Committee on this legislation, I strongly support it, it is not perfect, there are things I don't agree with but it is a good start and it can always be changed in the lhture. The concerns about the size of the facility, there will not be a whole lot of these large lhm~ stands. Most farm stands arc going to be on the small side, the very small side. It will be v~hat we can sell and produce ourselves. I urge the Town Board to look at this and adopt it. Thank you. SUPERVISOR RUSSELL: ~lhank you, Doug. Melanie? MELANIE NORDEN: Melanie Norden, Greenport. I would just like to say that I think our farm stands arc really lovely out here and we have to do everything that we possible can to encourage the agricultural industry, which is one of the things that contributes to the beauty of the landscape and we have to encourage our farmers as much as we can to make a living. 1 mean, if in fact as Mr. Wills points out, we are taking up 1/10th of an acre mid if there are only 32 farm stands, we are only talking about what? Max 32 acres or one portion of 32 acres. It is ridiculous to complain about that whereas in fact, they add so much beauty and continuity and loveliness to the landscape. I don't, business Farm Stands Public Hearing July 1, 2008 12 owners, we are in a competitive society, if you have a great product somebody will buy it. So and I am sure the fhrmers have an overhead that far exceed somebody's rent in downtown Southold for a shop. I mean that is absurd. An absurd comment. So I think we should be much less concerned about the competition with small local businesses and much more concerned out here about maintaining the industry that adds so much breadth and beauty and scope and encourages tourism across the boards here. I mean, people don't come out to shop in downtown Southold in October to buy something in a hardware store. They come here to buy something at a farm stand. To buy pumpkins, to buy flowers, to buy whatever their family wants. So this is an industry that we need to preserve and protect in whatever way possible and I say, if they want 5,000 square feet; fine. I think it is a very moot point but I would really like to encourage the Board to do whatever it can do, not just in this legislation but in an ongoing basis to protect this industry, which is a delight and creates so much beauty for all of us. Thank you. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up? Mr. Baiz? MR. BAIZ: Do I hear 10,000 square feet? Look, let's go right to the nutshell on this in terms of the sizes that are in here. The legal department of the division of agriculture and markets up in Albany has stated that enclosed retail sales areas of farm stands that are between 2,000 and 3,000 square f~et, is not deemed unreasonably restrictive to an agricultural operation. So the ellbrt 'v~as okay, anything up to 2,000 square feet and there is only one fhrm stand out here that I believe ds larger than that, in the Town of Southold, we felt that that should simply have, be able to come in as of right to obtain a building permit. Farmers are very penurious people, they like to hold onto their money, what little of it they have got and they nre not going to run out and build a palace to sell a head of cauliflower. They are going to build something that is suitably sized. And within the value of giving them a return on their revenue stream, we are trying to create an environment where they are not just open t¥om July I to maybe Thanksgiving and then shut down. We are trying to give them an opportunity to be open March through December or something like thai so that there is a little bit more of an economic viability in their livelihood. Working ou the land that they don't have to, I have a farmer friend here, he is pretty ~nuch retired nov, but in the winter time he would drive for UPS just to make ends meet and ne drove thc big ~rown trucks. And I had another friend who drove tbr one of the oil delivery companies in the winter time. So there is that aspect. The 3,000 square feet or front 2,000 to 3,0~0 square feet, we have simply asked for modified agricultural site plan review. That is still being invented as we speak, so someone coming in for a 2,001 to 3.000 square lbot building doesn't have a process to go through yet. Foar thotisand square l~et, that was put in as an absolute legitimate cap for someone who wanted to come in and do that but if you read the legislation carefully, the only way a person can exceed 3,000 square feet let alone anything else, is he must go to the Planning Department and Planning Board for a full site plan review just as if he were any other business at that point in timc. So, we are trying to balance agriculture and markets, Farm Stands Public Hearing July 1, 2008 13 what is not unreasonably restrictive to what will work here within the graces of the Town of Southold and its citizenry. We want to keep the farmland viable, not tbr tomorrow but for the next 10, 20, 50 years and it will always be an ongoing program because we do live, if any of you know a ~nore expensive place tbr agricultural land to survive, let me know. I know Napa Valley is perhaps a little bit more expensive but if we are going to keep agriculture alive here, we need to find ways to keep it economically viable for those who chose a life of what I like to call 29/8. Not 24/7 anymore. Farming is 29/8. Twenty nine hours a day, eight days a week. Thank you. SUPERVISOR RUSSELL: Just as a point of clarification, generally speaking an ag operation would need to be at least seven acres and produce an income of $10,000 or more. For those smaller lots, the concern, 1 know, and I had some concerns actually with the height actually, I had put a proposal together that stops at 2,000 and then put a scale in. The more land ~ou have, the larger the structure could be. That got put to the side because it complicated an already complicated law. But the idea was that with the smaller operations, they really would have to be a high income producer to even quality for it, a (inaudible) farm stand. And that might be a greenhouse. A greenhouse can easily take up 3,000 square feet yet it is hardly what you would call an oversize structure. It is where they are producing their product. Would anybody else like to come up and address the Town Board on this issue? DAWN THOMPSON: Dawn Thompson. Does that have to be seven continuous acres? We have five and a half and then two and change. SUPERVISOR RUSSELL: Thc law calls tbr a gross operation size of seven acres or more. MS. THOMPSON: Okay. So it doesn't have to be continuous? SUPERVISOR RUSSELL: Do you want to clarify that, Kieran? But I am reasonably sure we are speaking to the size of the operation, not the size of the specific parcel. State Ag and Markets speaks to the size of the operation not just the parcel. MR. BAIZ: In that case, you might fall under the modified ag site plan. If you don't have one particular piece but you Inave got two .... ASSISTANT TOWN ATTORNEY CORCORAN: The way it reads now, you have to be on a parcel. SUPERVISOR RUSSELL: Okay. Seveu acres or greater. ASSISI'ANT TOWN ATTORNEY CORCORAN: It would have to be contiguous the way it is written now. MS. THOIMPSON: Okay. Tt~ank you. Farm Stands Public Hearing 14 July 1, 2008 SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this issue. JOE GILLES: Yes, I have a couple of things to clarify, my name is Joe Gilles. My wife Barbara o~vns Barb's Veggies. I think everybody sure knows. When you say the produce must be grown on site, could you more clarify that'? SUPERVISOR RUSSEI,L: Uh, yeah. Agricultural products that were grown and produced/'rom the land that the farm stand sits on. If you are a cauliflower farmer and you are selling cauliflower because you have got the farm stand right on the site where the cauliflower is grown. It is an on site production. Despite what your crop is, you need to produce it yourself and then sell it there, the idea is that direct sale from the site where you are producing the agricultural product. MR. GILLES: Okay. My sweet corn is grown in Aquebogue. What happens here? Is this permissible? SUPERVISOR RUSSELl,: I don't believe it would be, under the current... JUSTICE EVANS: Inaudible SUPERVISOR RUSSELL: Sixty percent of what you are selling is produced at the site you have, then the sweet corn can be pat in .... ASSISTANT TOWN ATTORNEY CORCORAN: You need to be on a bona fide ag operation. So the farm stand needs to be on the seven acres or the other, if you qualify for the higher income. Sixty percent of your product needs to be grown by the operator, by you, within the town. MR. GILLES: Right. ASSISTANt TOWN ATTORN[¢Y CORCORAN: So your sweet corn may then fall under your 40 percent but you need to have 60 percent grown within the town. MR. G1LLES: So let me just ask a question that doesn't pertain to this. Suppose I have a farm stand and my I~,rming operation is in Riverhead Town and my farm stand is in Southold. What happens here? SUPERVISOR RUSSELL: You would not be permitted to have a farm stand. MR. GILLES: So in other words, the one in Laurel gets shut down? SUPERVISOR RUSSELL: Is it on seven acres or more? MR. GILLES: Pardon me? Farm Stands Public Hearing 15 July 1, 2008 SUPERVISOR RUSSELL: Is it on seven acres? MR. GILLES: It is on a seven acre parcel where the house is situated. SUPERVISOR RUSSELL: Seven acres that you are producing from? MR. GILLES: No, no. It is not me. I am.just using this as an example. JUSTICE EVANS: If it already exists, it becomes non-contbrming. ASSISTANT TOWN ATTORNEY CORCORAN: Well, if it legally exists, it becomes non-conforming, yes, and it can continue to operate. MR. GILLES: You have got some of these farmers who have their stand in Southold and farm in Riverhead Town. SUPERVISOR RUSSELL: Well, the goal here was to address the needs and concerns of Southold farmers. And 1 know that might sound a little jingoistic but my concern is to say for the local farmers, to make you prosperous, I want to not just give you expanded opportunity but to prevent undue competition from other operations that are not in the farm business in Southold 'l'o~n. That sounds a little protective but my underlying concern here is for agricultural producers in Southold Town. MR. GILLES: Now my wife's operation is not on seven acres of land. But that has been preexisting there for 40 years. We do have an additional 15 acres that we rented ~A mile away. We have four acres were the stand is situated and 15 acres 1/2 mile away. SUPERVISOR RIJSSELL: I don't know the circumstances there. I know your farm stand, I think you have been thete for about two or three years? MR. GILLES: No, six. SUPERVISOR RUSSELL: Six already? MR. GILl, ES: Yes. SUPERVISOR RUSSELL: 1 don't know how this law would apply but .... ASSISTAN F TOWN ATTORNEY CORCORAN: It depends if you have a farm stand permit already under the old law. If you have one under the old law .... SUPERVISOR RUSSELL: Do you have a t;arm stand permit? MR. GILLES: We applied for a farm stand permit and they keep telling us there is no permits. As a matter of fact, the first year we were in operation, Forrester came down and served us with papers for a permit and my wife Barbara went down to fill out all the paperwork .... Farm Stands Public Hearing 16 July 1, 2008 SUPERVISOR RUSSELL: We need to have a candid discussion and I am sorry but I go by your farm stand every day and I am reasonably sure that the mangos and the melons aren't being grown locally. That presents a problem. MR. GILLES: There are other farm stands in Southold Town that are doing the same things I am doing. SUPERVISOR RUSSELL: Are they producing agricultural products in Southold Town. MR. GILLES: Yeah, they got some agricultural products. SUPERVISOR RUSSELL: Then they would be, under this law, permitted to sell those accessory items. Because they are in the business of growing. MR. GILLES: So am I. SUPERVISOR RUSSELL: But presuming 40 percent of their products could be mangos and lemons. But, well, not if you don't have the production on site. In other words, you need the production on site to have the l:arm stand. MR. GILLES: I mean, them are reasons why my corn is grown in Riverhead. My son- in-law, who is a panner with us in the thrm stand, they have a farming operation in Aquebogue. SUPERVISOR RUSSELL: I can honestly appreciate that. But again, we are trying to address issues for agricultural operations. MR. GILLES: Alright. Thank you. SUPERVISOR RUSSELL: Would anybody else like to come and address the Town Board? DOROTItY KONARSKI: I am Dorothy Konarski from Farmer Mike's farm stand. I have a different problem. 1 have my lhrm stand on my house property. There is no farm there, them has never been for 36 years. That is how I operated it. I got my permit and everything from the Town and built it to the specifications. Am 1 okay? SUPERVISOR RUSSELL: You are fine. In fact, if you read... MS. KONARSKI: 1 need a permit? SUPERVISOR RUSSELL: No, you have it. If you read the law, we made a provision for the existing operations that might not be set back 50 feet, that already might be in existence. MS. KONARSKh I just wanted to make sure. Farm Stands Public Hearing 17 July 1, 2008 SUPERVISOR RUSSELL: Yeah. there was a specific provision in there to provide for the existing thrm stands. MS. KONARSKI: Okay. Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this issue? COUNCILMAN KRUPSKI: I would just like to thank the Town Board for making this effort. I would like to thank the Ag Advisory. I know they put a lot of work into this and I know it is complicated. 1 think they took a pretty good stab at it. One thing that was never mentioned tonight was food safety. And if, you know, as you see in the news food comes in from all over the country, from all over the world and there is problems. There is problems with, it is mostly post harvest problems with the shipping, with the storage, with obviously there is other problems with pesticide use in other states, in other countries, where food comes in from, things not regulated as closely certainly as they are in New York, certainly not as closely regulated as they are on Long Island. And I appreciate the comments and support tbr local agriculture. That is a sight to hear. So when you buy local produce, you know it is picked when it is supposed to be picked when it is ripe, it is picked at its freshest. It has got the most nutritional value, when you buy produce you might as well go to King Kullen otherwise when you see a truck delivering things in wax boxes, you know it is coming from Peru or Jersey or some other foreign state. So I just, if you allow people to sell produce that comes in from other parts of the country and world, you really marginalize the farming in Southold Town, you really, you might as well sell cigarettes and beer, too. One thing that came up, that one gentleman brought up about how do you know what a legitimate agricultural operation is, that has come up in different areas of the town code that reference agriculture also and one thing that I have asked the Town Board to consider in the past and I have asked them to consider with this legislation is that it is hard to send a code enforcer out and I am not singling out our cun'ent code entbrcer, I am saying any code enforcer, they might not have the experience in agricmtm'e. 1 think the Ag Advisory would serve a very good role in determining because of their experience in agriculture, what is a legitimate agricultural operation or not and they could advise whoever it is, whether it is the Planning Board or the Building Department on the legitimacy of a farming operation. Another thing that I just want to ask to be added to the code that 1, and I have reviewed it but I haven't seen it, is that in order to make it a legitimate agricultural operation, you shouldn't be allowed to open your doors for business until you actually harvest something that you have grown. In other words, you shouldn't open in May with watermelon and tomatoes and strawberries when everyone local knows these products aren't grown locally. You should be able to open your doors tbr business when you start to harvest, the spring produce. The lettuce, the peas, strawberries and things like that. And then you can go into busiuess from then on. And [ think that would take a step/hr keeping people in line as far as what they se~l, as far as they seii what they grow. Farm Stands Public Hearing 18 July 1, 2008 SUPERVISOR RUSSELL: I want to suggest that I think the one issue here that we can resolve a lot of these issues is by bringing a clearer definition to what the 40 percent shall represent. We can meet the Planning Board's goals at focusing on encouraging the resale of products grown locally. We can maybe alleviate some of the business owners concerns with what the 40 percent is going to constitute. Albert, your concerns about tainted tomatoes but I have got to tell, I thought pineapples are in. I just bought three last week. They are not harvested yet? COUNCILMAN KRUPSKI: Ours aren't ready yet. SUPERVISOR RUSSELL: Yours aren't ready yet. I don't know how the Town Board feels about that. I actually appreciated the Planning Board's comments because they went to a more general standard on parking. Trying to create a parking requirement for a farm stand is nearly impossible. Farm stands are so fluid in that they are very busy at some times and virtually vacant at others that you can never expect them to have the parking component that they would need to satisfy parking requirements on their busiest days. We had actually liberalized the code. The current code requires one space for every 100 square feet, this one says one for every 200 square feet, which is similar to what the ausiness code is but it reall3 is impossible to come up with something that is going to work given the cycle of that industry. COUNCILMAN WICK[tAM: i would just like 'to comment as a note of information that the Town's Transportation Commission is working simultaneously on a parking requirement lbr farm stands. That requirement is not in this law that is before us and I have no idea what the fate of it 'will be but they are working on a more focused, lengthy plan of how to resolve the parking requirements associated with farm stands. SUPERVISOR RUSSELL: Okay. Can I ask for the indulgence of the Ag Advisory Committee to give us two weeks to work with the SBA and others to define the 40 percent and ask for your cooperation and with Albert. That is the problem, the people that have all the knowledge. That is the problem, the people that have all the knowledge on farm stands have oeen recusing themselves fi'om the oeginning. You are talking to a liberal arts major. I don't know much about farm stands. So we are trying the best we can, we are trying to accommodate a lot of concerns here. JUSTICE EVANS: 1 make a motion that we close the hearing. This hearing was closed at 6:03 PM Southold Town Clerk DAVID ^. PATERSON GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 LORRAINE A. CORT~S-VAZQUEZ SECRETARY OF STATE September 24, 2008 Lynda M Rudder Deputy Town Clerk Town Hall 53095 Main Road PO Box 1179 Southold NY 11971 RECEIVED SEP 2 9 2008 Southold Town Clerk RE: Town of Southold, Local Law No. 10, '11, & 12, 2008, filed on September 18, 2008 Dear Sir/Madam: The above refe. renced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state, ny. us/corp/misc.html. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 WWW.DO~.STA~.NY.US E-MAiL: INFO,DOS.STATE.NY.US #~UUD 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 18th dayof Se tember 2008. // //-- Principal Clerk ~-~ 2008 N~ARY ?UBL~C.~TAIE OI~ N~W YOI~K No, 0 ~-VO6108080 Quollfle~ In Suffolk Couhty My ¢ommllltOn Exl)h~ femuory 98, ~01~' Re~lation of a~riealthral ua~r~in the i~'~ T_o~v~ -of Southold~s nece~.qatv to fac~i- first Chaoter of this oroposed LocM Law ~et forth herein. only issue a farm stand ~ermit to a oartv effaced in bona fide a~ricultural bro- duction within the Town of Southold. _For the nurooses of this Article. "bona fide a~riealtural nroduetion' shall be limited to the oneratlon, within theTown of ~outhold. of either: not less than seven acres of land used as a sinule operation ·ail sunersede any inconsistent Dot~ ¥1a!ue of ten thousand dollars or more: ti~ns of the Town L~W Section 267-a and _of. land of seven acres or less used as · overn the snb~ect of variances in this a single ooeration in the oreceding two ~ years- for the nroduction or sale of c-roDs. 1572~. Definitions. As used in this livestock or livestock oreduets of an av- Cllanter. the followine terms sl~all have orate ~ross sales value of fifty thousand l~temeanin~s indicated: .~GRICULTURAL PRODUCTION ~e oroduction for sale of crops, live- me,uae out not teen'ted f6~Tfi~ l~ld · ties devoted ~*&~"'~'ix'r'r'r'r'r'r'r'r'~fl~h~fi. ~arm stand is located on lands ~, p~ farm stand existing as of the date of adoption of this Article which does not meet the reouirements of this Axticle tiffs Code. Chaoter 280. LEGAL NOTICE tieg includin~ any and all a~ricultural. horticultural, vineyard ~roduets. corn Other than chli~ntlas ti~ees, all'fi~iv, rye ffuroose o~ r6tai[ gfil~ Of lo'ally nroduced (2~ The total floor area. as defined i_n_ Chanter 280. of the farm stand _s~ructure(s} does not exceed 3.000 (}) The permanent farm stand struc- ture is set hack at least fif~ feet from the road. (4~ The farm stand nareel orovides at also provides adequate shace that may C. Retail sales o~erafions that do not meet the definition of afarm, stan~ ments of ~72-6A. shall be subi6ct to the Board of the Town of Southold, Suffolk County. New York, on the 12th day of August, 2008 a Local Law entitled Loeal Law in relation to Remflaflon~ Governing Farm Stands" and NlYlICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold held a public hear- ing at which time all interested persons were given the opportunity to be heard thereon, now therefore be it {41- Cm~mcessorv items~ but limited lo il~c~a~em~ntarv to the soecific fa~a stand a~ricultttral o~eration, such as decorative houaewares, planters and In ail ca-qe~ farm stand structure(s~ shall not o-tc~ad 3.000 souare feet in to- tM floor area. as deffln~d in {5~anter 280. IL SEVERABILITY be adjudged by any court of competent jurisdiction to be invalid, th~ judgment NOTICE OF PUBLIC HEARING oroducts, aericulture-related Droducts full site nlan reoinrements of Chaoter NOIlCE !S HEREBY: G ; .... ~ ..... there had been_ presented ~o ~6 'Po~fi ~umoses of ~li~a~ter. a farm stanar ~ reslrlefions of Chaoter the Town of Southold hereby ENACT~ o . ~ Goveraln~ l~arm Standsn v~hi~?e~d~ a~': '~been co~ from its Ofi~i~: ' ~ Sl~nd ooerator, erma~ed in bona fide a~- 18f~ dayof ~e~tember~ 2008: ...... ~ Sworn to before me this ...... t,~/, ou~oo,v~ly, uUllllflorl¢lng on tne Principal Clerk 00, N.TARy PUBLIC.STAT[ OI~ NIW ¥OI~K No. 0 I-V061050~0 Qualtl'leo In Sutfolk County My Commlulon Expltel Fe~'ruar¥ 28° P. O1R · thold is nec~aaarV to fae~_'- ~t Chaote~ 0f ~is ~rop~d ~d ~e regulations Mren~ · ' sl diat : ~:: dollars or more. ~co~mku~ r ni~,Vr e~t~e~ :.~. ~d~. ~ ~t s. ~J~i~ll ~hal! not meet the reouirements of this ~ bev. ~otatoes a~ dry beans: 0 ~ fll~d¢. Chapter fruits: includine aooles.~ ~apes~ bbaoe lura/sr~ecialties~ inelu~n~ n~ ~ s~ub~ omamentM :~ ~vest~k an~t~ ~med buffa~rine aaima~ ~i) w~ bi~ w~eh m~ns gall.x_~,istin~ in. he Town as of Janua, y ~d to expand 9L tlMll~i~,, of t~otal are~l of the far.., ~if~l_!he Darkln~ reaairements ~f II,is ~?e6. Fn~L~llld Penal~s ,~- ~A fa~ st~d'~it sh~ ~d to ~ mee~ follow ~eauwements. a~ch fa~s~n~ r t~oodv crons raised for biOen: lh~ Plannin~ Board. notwithstandino ~$21~shall ine~Lude far~L~t~9~innd Lh~ provisi~,L of Chll~ter 280, Arlicl~ oPaz~C~g,~ar ke~ f a~: used in~ona fi~ral prod~ctL ~cauacu ur l~Lg~nmod;_ 2 e t~L~.~0L~Larea, as defl.v_d O-)~]~:t~gnt farm ~struc- road. 1~) The farm staB~Llz~el pro~es a l.eA~_tour ~ff-street parl~g_~s, nag a o~s~p~ovides ad~at n!~2t ~ °f-re~s ar~8 - la~roose ~~produce~ e~lt~fiL~ales operations that do ~he de~. stan~ u u to 's h terasw l NOTICE OF PUBLIC HEAR~G ~ducts~e-related Vroducts ~eouirements ~5-IT 9/18 NO~CE IS ~REBY G~N, ~cM~ a~ss~t~ F~r th~ ~ o~ ~ ~a ~._~ mr s f C aotcr there had been presentSd to the Town ~pteL a fa~ stanff ~~.:~.~el, ~.~.o, .... County, New York, on the 12~ day of ~li~nt o~ a ~l '~th eit~e~ August, 2(~8 a ~cal ~w entitled "~ ~han ~ Of land used a~ G ver ~ F ~ and ~~ prcc~ two ' ~d"etion or. lc of croo~ ~t le~~ the~ N~CE IS HEREBY ~RTHER ~v~t°~n ~v- ~d for~ GIVEN that ~e %wn Board ~f the ~e ~~0:,; ~ ~ ~da 8ha n's ' Town of Southold held a pub c hear ~ land f ~ of aeqell] .~ PP ~ to be heard ~~fo~ .~ ..... ~ n th~ of So~old . Wo~. of Soa~sa ~y ~ ~f~ ~aiu~ ~d~ ~ relalinn to Regulations Gove~ng I e '/~-~'~ ~Uth~l& Fa~] Stands". _ ~ike item% " " ~72-8. Ma~mm~ Si~ of Fam~ ~ A~ak In addres~e ~ de~ent to' no.by ~r~pe~es ~ wbe~er ~e ~t sou~ bV ~e ~ ~e alle~ d~ffic~v was ~enl ~, ~ ~ich conside~tio~ shaO ~relevan [ ~ ~ of a ~nish- ~ a ~ot ex~ oi ~ which ~ violafi.n ~or a ~ and su~auent eonvie~od jurisdiction to ~ ~valid, ~e jud~ent ~ DA~ BE Fl' ENACTED by the Town Board of the Town of Southold as follows: Chapter 135 of the code of the Town of Southold is hereby repealed in its en- tirety. A new Chapter 72 of the Code of the Town of Southold is hereby adopted as follows: L as t~Uses L~ BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan (wtown.southo|d.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran(wtown.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse(wtown.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Ms. Elizabeth A. Neville, Town Clerk SEP 1 7 2008 From: Lynne Krauza S~t,~c~cl T~¥,,~ ~L~I~ Secretary to the Town Attorney September 16, 2008 LURegulations Governing Farm Stands - SEQRA Date: Subject: For your records, I am enclosing the original, fully executed Short Environmental Assessment Form in connection with the referenced matter. have retained a copy of this document in our file. We Also attached is a copy of the resolution authorizing Scott to sign this document. If you have any questions, please do not hesitate to call me. Thank you for your attention. /Ik Enclosures cc: Members of the Town Board (w/encls.) Patricia A. Finnegan, Esq., Town Attorney (w/encls.) ORIGINAL Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR I 2, PROJECT NAME Town of Southold I A Local Law in relation to Regulations Governing Farm Stands 3. PROJECT LOCATION: Municipality Town of Southoid County Su~olk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Town-wide 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: A Local Law in relation to regulating Farm Stands in zones where thc use is permitted. 7. AMOUNT OF LAND AFFECTED: Initiatly ?~'~ acres Ultimately NA acres 8. WILL PROPOSED ACTION COMPLY WiTH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe bdefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Describe: N^ 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 permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMtT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: 12. [] Yes F~-[NoAr I CERTIFY THAT THE INFORMATIO~OVIDED ABOVE IS TRUE TO THE BEST OF Applicant/sponsor name: Scott Russell, Superviso~J. Signature: I AS A RESULT OF PROPOSED ACTION WiLL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? MY KNOWLEDGE Date: 9/8/08 If the action is in the Coastal Area and you are a state agency, complete the I Coastal Assessment Form before proceed ng with this assessment OVER PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD JN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL FAF. 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 pmducfion or disposal, potential for erosion, drainage or flooding problems? Explain briefly: None 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 identified in C1-C57 Explain bfieity: 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 (CFA)? [] 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: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectidentifiedab~ve~determinewhetheritissubstantia~arge~imp~[tant~r~therwisesigni~cant- 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. If 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 must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] ~heckthisb~xify~uhaveiden~~ed~ne~rm~rep~tenfia~~y~arge~rsignI~cantadverseimpactswhichMAY~ccur~ ThenproceeddirectlytotheFULI FAF and/or prepare a positive declaration. [] Check this boxifyou have determined, based on the infom~ation and analysis above and any supporting documentation, thatthe proposed action WILl NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determinafior Southold Town Board Name of Lead Agency Scott Russell 9/8/08 Date Supervisor Title of Responsible Officer Sign at u rey.~( If'fl~~e officer) RESOLUTION 2008-869 ADOPTED DOC ID: 4229 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-869 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 9, 2008: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in relation to Regulations Governing Farm Stands" 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 recommendations of Mark Terry dated September 8, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith; and be it further RESOLVED that the Town Board of the Town of Southold hereby determines such actions to be consistent with the Town of Southold LWRP. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 11,2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on July 29, 2008: Local Law #10 O~cal Law # 12 A 1,0cal I,aw in relation in adding Bed-and-Breakfast Uses to Marine Districts A Local Law in relation to Farmstands Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Altachments cc: Suftblk County Department of Planning Village of Greenport Town of Riverhead Email: Soulhold Town Planning Board Southold Town Assessors Southold Town Building Department ELizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees ' Southold Town Board of Appeals Signature, Received By Please print name ~ Date: Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK LEGAL NOTICE NOTICE OF ENACTMENT NOTICE IS HEREBY GIVEN, there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12th day of August, 2008 a Local Law entitled "A Local Law in relation to Regulations Governing Farm Stands" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold held a public hearing at which time all interested persons were given the opportunity to be heard thereon, now theretbre 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 Regulations Governina Farm Stands" which reads as follows: LOCAL LAW NO. 12 OF 2008 A Local Law entitled, "A Local Law in relation to Regulations Governing Farm Stands". BE IT ENACTED by the Town Board of the Town of Southoid as follows: Chapter 135 of the code of the Town of Southold is hereby repealed in its entirety. A new Chapter 72 of the Code of the Town of Southold is hereby adopted as follows: 1. §72-1. Title. This law shall be known as the "Agricultural Uses Law". 1I. §72-2. Purpose. Regulation of agricultural uses in the Town of Southold is necessary to facilitate and encourage bona fide agricultural operations while providing for the health, safety and welthre of the Town's residents and its visitors. Farm stands are an important part of the Town's agricultural base and character, and are increasingly vital to the viability of the agricultural industry in the Town. The first Chapter of this proposed Local Law governing agricultural uses will pertain to farm stands, and require, among other things, that they be part of active farming operations within the Town. §72-3. Statutory. authorization. This local law is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to govern agricultural uses within the entire Town. The variance provision of this local law shall supersede any inconsistent portions of the Town Law Section 267-a and govern the subiect of variances in this local law. §72-4. Definitions. As used in this Chapter, the following terms shall have their meanings indicated: AGRICULTURAL PRODUCTION - The production for sale of crops, livestock or livestock products, which shall include but not be limited to: (a) field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans; (b) fruits, including apples, peaches, grapes, cherries, tomatoes and berries: (c) vegetables, including snap beans, cabbage, carrots, beets and onions; (d) horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers; (e) livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur bearing animals, milk eggs and furs; (t) maple sap; (g) Christmas trees derived from a managed Christmas tree operation whether dug ibr transplanting or cut from the stump; (h) aquaculture products, including fish, fish products, water plants and shellfish; (i) woody biomass, which means short rotation woody crops raised for bioenergy, and shall include farm woodland. AGRICULTURAL USES - Activities devoted primarily to production, processing, marketing and sale of agricultural and acquacultural commodities, including any and all agricultural, horticultural, vineyard products, corn for grain, oats, soybeans, barley, wheat, poultry or poultry products, bees, maple syrup, christmas trees, livestock, including swine, and honey, sold in the state either in their natural state or as processed by the producer thereof but does not included milk, timber or timber products, other than christmas trees, all hay, rye and legumes. FARM STAND - Any primary structure or portion of a structure greater than 80 square feet in area used for the purpose of retail sale of locally produced agricultural product grown by the owner or lessor of the structure, as well as the accessory sale of processed agricultural products, agriculture-related products and incidental accessory items. For the purposes of this Chapter, a farm stand shall be limited to structures operated by an applicant on a parcel with either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. PROCESSED AGRICULTURAl, PRODUCTS - Agricultural product which has been converted from its original state into a distinct product by techniques such as cooking, distillation, fermentation, crushing and straining. Examples of processed agricultural product include, without limitation, jams, jellies, cheeses, potato chips, wine and other alcoholic beverages. Simple washing, cleaning, arrangement or packaging of agricultural product shall not cause the product to be considered "processed" under this definition. RETAIL SALES AREA - Portions of a farm stand operation, usually covered, which are dedicated to the direct marketing and sale of farm stand products, including public rest rooms, but excluding storage areas, temporary display areas and other areas not accessible to the general public. ARTICLE ! - FARM STANDS §72-5. Farm Stand Permit Required. A. No person shall erect, place or operate a farm stand without the Building Department's issuance of a farm stand permit for the farm stand operation. A farm stand permit shall be subject to revocation if the farm stand fails to operate in compliance with the requirements set forth herein. B. The Building Department shall only issue a farm stand permit to a party engaged in bona fide agricultural production within the Town of Southold. For the purposes of this Article, "bona fide agricultural production" shall be limited to the operation, within the Town of Southold, of either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. A ihrm stand existing as of the date of adoption of this Article which does not meet the requirements of this Article shall be deemed to be a nonconforming building under the Zoning regulations of this Code, Chapter 280. Notwithstanding the contrary provisions of this Article, a farm stand legally existing in the Town as of January 1, 2008 shall be permitted to expand or enlarge the total area of the farm stand structure(s) by up to fifty percent, cumulatively, of the total area of the farm stand structure(s) legally existing as of January 1,2008, subject to compliance with the parking requirements of this Article. §72-6. Farm Stand Permits Issued Without the Requirement of Site Plan Approval. A lhrm stand permit shall be issued to applicants meeting the following requirements, and such farm stands shall not require site plan approval from the Planning Board, notwithstanding the provisions of Chapter 280, Article XXIV: (1) The farm stand is located on lands used in bona fide agricultural production by the owner or lessee of the property. (2) The total floor area, as defined in Chapter 280, of the farm stand structure(s) does not exceed 3,000 square feet. (3) The permanent farm stand structure is set back at least fifty feet from the road. (4) The farm stand parcel provides at least four off-street parking spaces, and also provides adequate space that may be used for unimproved on-site parking equivalent to one parking space for each 200 square feet of retail sales area. Retail sales operations that do not meet the definition of a farm stand pursuant to this Chapter, as well as farm stands that do not meet the requirements of § 72-6A, shall be subiect to the tull site plan requirements of Chapter 280, Article XXIV, as well as all other zoning and use restrictions of Chapter 280 or the Town Code. §72-7. Farm Stand Offerings. All farm stands shall conform to the following product offering restrictions: A. At least sixty percent of the gross dollar value of all items offered for sale at farm stands shall consist of agricultural products grown by the farm stand operator within the Town of Southold. B. No more than forty percent of the gross dollar value of all items offered for sale at a farm stand may consist of the following items only: (1) Agricultural products grown by a person or entity, other than the farm stand operator, engaged in bona fide agricultural production within the Town of Southold, and not including agricultural products not grown within the Town of Southold; (2) Items manufactured or processed from the agricultural products grown by the farm stand operator, or manufactured or processed from products grown by a person or entity, other than the farm stand operator, engaged in bona fide agricultural production within the Town of Southold[ (3) Clothing, apparel and other similar items, but limited to such items that promote the specific farm stand site or operator, and souvenir items of the farm stand; and (4) Other accessory items, but limited to items complementary to the specific farm stand agricultural operation, such as decorative housewares, planters and like items. §72-8. Maximum Size of Farm Stand. In all cases, farm stand structure(s) shall not exceed 3,000 square feet in total floor area, as defined in Chapter 280. §72-9. [Reservedl §72-10. [Reservedl §72-11. Variance Procedures. Any farm stand that is found not to meet the requirements of this Article may appeal such decision or seek a variance therefrom with the Zoning Board of Appeals. In addressing the merits of any variance application, the Zoning Board of Appeals shall consider the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the community by such grant, in further consideration of (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; (3) whether the requested variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the variance. §72-12. Penalties for Offenses. Any violation of this Article shall be grounds for the revocation of an existing farm stand permit. Furthermore, any violator of this Article shall, upon conviction, be guilty ora violation punishable by a fine not exceeding $1,000 or imprisonment not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense as permitted by law. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $5,000 or imprisonment not to exceed 15 days, or both. II. 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. III. APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: September 9, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON SEPTEMBER 18, 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 Suflblk Times Town Board Members 'fC's Bulletin Board Building Dept Planning Town Attorney ZBA 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, ~n a proper and substantial manner, in a most public place n the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: Enact LL 12 Farrnstands Sworn before me this day o f ~.~::~, 2008. Notary Pubhc , , ~JCOOPER NOT~P¥i , ' ~C,S ce of New Y°r! Nc3 ( ;53 Suf olk Coun, t~ ~r~f' ,~ Lc3Ce'l'gber 81, ~}Elizabeih A. Nevill~- Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 16 2008 Federal Express Linda Lasch New York State Department of State State Records and Law Bureau 41 State Street Albany, NY 12231 RE: Local Law Number 10, 11, 12 of 2008 Town of Southold, Suffolk County Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law Number 10, 11, 12 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. Enclosures Very truly yours, Lynda M Rudder Southold Deputy Town Clerk cc: Town Attorney NEW YORK STATE DEPARTMENT OF S'I ATE 41 STATE STREE r Local Law Filing (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. 121 County n City [] Town of [] Village SOUTHOLD Local Law No. 12 of the year 2008. A Local Law entitled, "A Local Law in relation to Regulations Governing Farm Stands" Be it enacted the Town Board of the: in County [] City [] Town of [] Village SOUTHOLD as follows: Chapter 135 of the code of the Town of Southold is hereby repealed in its entirety. A new Chapter 72 of the Code of the Town of Southold is hereby adopted as follows: 1. §72-1. Title. This law shall be known as the "Agricultural Uses Law". ALBANYI NY 12231 §72-3. Statutory authorization. This local law is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to govern agricultural uses within the entire Town. The variance provision of this local law shall supersede any inconsistent portions of the Town Law Section 267-a and govern the subject of variances in this local law. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rcv 05/05} 11. §72-2. Purpose. Regulation of agricultural uses in the Town of Southold is necessary to facilitate and encourage bona fide agricultural operations while providing for the health, safety and welfare of the Town's residents and its visitors. Farm stands are an important part of the Town's agricultural base and character, and are increasingly vital to the viability of the agricultural industry in the Town. The first Chapter of this proposed Local Law governing agricultural uses will pertain to farm stands, and require, among other things, that they be part of active farming operations within the Town. {}72-4. Definitions. As used in this Chapter, the following terms shall have their meanings indicated: AGRICULTURAL PRODUCTION - The production for sale of crops, livestock or livestock products, which shall include but not be limited to: (a) field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans; (b) fruits, including apples, peaches, grapes, cherries, tomatoes and berries; (c) vegetables, including snap beans, cabbage, carrots, beets and onions; (d) horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers; (e) livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur bearing animals, milk eggs and furs; (f) maple sap; (g) Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump; (h) aquaculture products, including fish, fish products, water plants and shellfish; (i) woody biomass, which means short rotation woody crops raised for bioenergy, and shall include farm woodland. AGRICULTURAL USES - Activities devoted primarily to production, processing, marketing and sale of agricultural and acquacultural commodities, including any and all agricultural, horticultural, vineyard products, corn for grain, oats, soybeans, barley, wheat, poultry or poultry products, bees, maple syrup, christmas trees, livestock, including swine, and honey, sold in the state either in their natural state or as processed by the producer thereof but does not included milk, timber or timber products, other than christmas trees, all hay, rye and legumes. FARM STAND ~ Any primary structure or portion of a structure greater than 80 square feet in area used for the purpose of retail sale of locally produced agricultural product grown by the owner or lessor of the structure, as well as the accessory sale of processed agricultural products, agriculture-related products and incidental accessory items. For the purposes of this Chapter, a farm stand shall be limited to structures operated by an applicant on a parcel with either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fl fry thousand dollars or more. PROCESSED AGRICULTURAL PRODUCTS - Agricultural product which has been converted from its original state into a distinct product by techniques such as cooking, distillation, fermentation, crushing and straining. Examples of processed agricultural product include, without limitation, jams, jellies, cheeses, potalo chips, wine and other alcoholic beverages. Simple washing, cleaning, arrangement or packaging of agricultural product shall not cause the product to be considered "processed" under this definition. RETAIL SALES AREA - Portions of a farm stand operation, usually covered, which are dedicated to the direct marketing and sale of farm stand products, including public rest rooms, but excluding storage areas, temporary display areas and other areas not accessible to the general public. ARTICLE I - FARM STANDS §72-5. Farm Stand Permit Required. No person shall erect, place or operate a farm stand without the Building Department's issuance ora farm stand permit for the farm stand operation. A lhrm stand permit shall be subject to revocation if the farm stand fails to operate in compliance with the requirements set forth herein. B. The Building Department shall only issue a farm stand permit to a party engaged in bona fide agricultural production within the Town of Southold. For the purposes of this Article, "bona fide agricultural production" shall be limited to the operation, within the Town of Southold, of either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. A farm stand existing as of the date of adoption of this Article which does not meet the requirements of this Article shall be deemed to be a nonconforming building under the Zoning regulations of this Code, Chapter 280. Notwithstanding the contrary provisions of this Article, a farm stand legally existing in the Town as of January 1, 2008 shall be permitted to expand or enlarge the total area of the farm stand structure(s) by up to fifty percent, cumulatively, of the total area of the farm stand structure(s) legally existing as of January 1, 2008, subject to compliance with the parking requirements of this Article. §72-6. Farm Stand Permits Issued Without the Requirement of Site Plan Approval. A farm stand permit shall be issued to applicants meeting the following requirements, and such farm stands shall not require site plan approval from the Planning Board, notwithstanding the provisions of Chapter 280, Article XXIV: (l) (2) (3) (4) The farm stand is located on lands used in bona fide agricultural production by the owner or lessee of the property. The total floor area, as defined in Chapter 280, of the farm stand structure(s) does not exceed 3,000 square feet. The permanent farm stand structure is set back at least fifty feet from the road. The farm stand parcel provides at least four off-street parking spaces, and also provides adequate space that may be used for unimproved on-site parking equivalent to one parking space for each 200 square feet of retail sales area. Retail sales operations that do not meet the definition of a farm stand pursuant to this Chapter, as well as farm stands that do not meet the requirements of § 72-6A, shall be subject to the full site plan requirements of Chapter 280, Article XXIV, as well as all other zoning and use restrictions of Chapter 280 or the Town Code. §72-7. Farm Stand Offerings. All farm stands shall conform to the following product offering restrictions: At least sixty percent of the gross dollar value of all items offered for sale at farm stands shall consist of agricultural products grown by the farm stand operator within the Town of Southold. No more than forty percent of the gross dollar value of all items offered for sale at a farm stand may consist of the following items only: 3 (i) (2) (3) (4) Agricultural products grown by a person or entity, other than the farm stand operator, engaged in bona fide agricultural production within the Town of Southold, and not including agricultural products not grown within the Town of Southold; Items manufactured or processed from the agricultural products grown by the farm stand operator, or manufactured or processed from products grown by a person or entity, other than the farm stand operator, engaged in bona fide agricultural production within the Town of Southold; Clothing, apparel and other similar items, but limited to such items that promote the specific farm stand site or operator, and souvenir items of the farm stand; and Other accessory items, but limited to items complementary to the specific farm stand agricultural operation, such as decorative housewares, planters and like items. §72-8. Maximum Size of Farm Stand. In all cases, farm stand structure(s) shall not exceed 3,000 square feet in total floor area, as defined in Chapter 280. §72-9. [Reserved] §72-I0. [Reserved] §72-11. Variance Procedures. Any lhrm stand that is found not to meet the requirements of this Article may appeal such decision or seek a variance therefrom with the Zoning Board of Appeals. In addressing the merits of any variance application, the Zoning Board of Appeals shall consider the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the community by such grant, in further consideration of(1 ) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; (3) whether the requested variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the variance. §72-12. Penalties for Offenses. Any violation of this Article shall be grounds for the revocation of an existing farm stand permit. Furthermore, any violator of this Article shall, upon conviction, be guilty of a violation punishable by a fine not exceeding $1,000 or imprisonment not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense as permitted by law. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $5,000 or imprisonment not to exceed 15 days, or both. I1. SEVERAB1LITY 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. Ill. APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (Complete the certillcation 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. 12 of 20 08 . of the ~(Town) (','~R.zg:) of SOUTHOLD was duly passed by the TOWN BOARD on September 9 ,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*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 _ of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20 in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20____ of the (County)(City)(Town)(Village) of was duly passed by thc on 20 , and was (approved)(not approved)(repassed atter disapproval) by the on 20 . Such local law was submitled to lhe people by reason ora (mandatory)(permissive) referendum, and received the affirmative vote ora majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law 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 ora city or village, or the sapervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote ora 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 thc Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that 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 in paragraph I , above. (Seall Clerk ofth~ounty legislative body. City. Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: September 15, 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 Title Town of Date: SOUTHOLD September 15, 2008 r"~CEx US A~Tb/// Express 8663. 9461 660R Addr~ 53095 ROUTE c~SOUTHOLD s~ NY zip IIC771 03846~5653 ~lO~atiOilSbt fedex.corn .. Page 1 of I Cooper, Linda From: Cooper, Linda Sent: Friday, September 12, 2008 9:20 AM To: Cooper, Linda; Corcoran, Kieran; Finnegan, Patricia; JOAN ANN - Legals; Neville, Elizabeth; Rudder, Lynda Subject: Legal Notices for 9//'18/08 edition Attachments: 9-9-08 enact B&B in MMII LL10 notice.doc; 9-9-08 enact Farmstands LL 12 notice.doc Suffolk Times - Please confirm receipt of notices Thank you. L/nda Wooper Deputy Town Clerk Town of Southold 631-765-1800 L~f¢ mql not be the parO' '~'e hoped for. bid as long as we're here we mights ax well dance 9/12/2008 Southold Town Board - Letter Board Meeting of September 9, 2008 RESOLUTION 2008-877 ADOPTED Item # DOC ID: 4227 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-877 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 9, 2008: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12th day of August, 2008 a Local Law entitled "A Local Law in relation to Regulations Governing Farm Stands" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be 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 Regulations Governing Farm Stands" which reads as Follows: LOCAL LAW NO. 12 OF 2008 A Local Law entitled, "A Local Law in relation to Regulations Governing Farm Stands". BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 135 o£the code of the Town of Southold is hereby repealed in its entirety. A new Chapter 72 of the Code of the Town of $outhold is hereby adopted as follows: 1. §72-1. Title. This law shall be known as the "Agricultural Uses Law". 11. §72-2. Purpose. Regulation of agricultural uses in the Town of Southold is necessary to facilitate and encourage bona fide agricultural operations while providing for the health, safety and welfare of the Town's residents and its visitors. Farm stands are an important part of the Town's agricultural base and Generated September 12, 2008 Page 60 Southold Town Board - Letter Board Meeting of September 9, 2008 character, and are increasingly vital to the viability of the agricultural industry in the Town. The first Chapter of this proposed Local Law governing agricultural uses will pertain to farm stands, and require, among other things, that they be part of active farming operations within the Town. §72-3. Statutory authorization. This local law is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to govern agricultural uses within the entire Town. The variance provision of this local law shall supersede any inconsistent portions of the Town Law Section 267-a and govern the subiect of variances in this local law. §72-4. Definitions. As used in this Chapter, the following terms shall have their meanings indicated: AGRICULTURAL PRODUCTION - The production for sale of crops, livestock or livestock products, which shall include but not be limited to: (a) field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans; (b) fruits, including apples, peaches, grapes, cherries, tomatoes and berries; (c) vegetables, including snap beans, cabbage, carrots, beets and onions; (d) horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers; (e) livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur bearing animals, milk eggs and furs; (i') maple sap; (g) Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump; (h) aquaculture products, including fish, fish products, water plants and shellfish; (i) woody biomass, which means short rotation woody crops raised for bioenergy, and shall include farm woodland. AGRICULTURAL USES - Activities devoted primarily to production, processing, marketing and sale of agricultural and acquacultural commodities, including any and all agricultural. horticultural, vineyard products, corn for grain, oats, soybeans, barley, wheat, poultry or poultry products, bees, maple syrup, christmas trees, livestock, including swine, and honey, sold in the state either in their natural state or as processed by the producer thereof but does not included Generated September 12, 2008 Page 61 Southold Town Board - Letter Board Meeting of September 9, 2008 milk, timber or timber products, other than christmas trees, all hay, rye and legumes. FARM STAND - Any primary structure or portion of a structure greater than 80 square feet in area used for the purpose of retail sale of locally produced agricultural product grown by the owner or lessor of the structure, as well as the accessory sale of processed agricultural products, agriculture-related products and incidental accessory items. For the purposes of this Chapter, a farm stand shall be limited to structures operated by an applicant on a parcel with either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. PROCESSED AGRICULTURAL PRODUCTS - Agricultural product which has been converted from its original state into a distinct product by techniques such as cooking, distillation, fermentation, crushing and straining. Examples of processed agricultural product include, without limitation, jams, jellies, cheeses, potato chips, wine and other alcoholic beverages. Simple washing, cleaning, arrangement or packaging of agricultural product shall not cause the product to be considered "processed" under this definition. RETAIL SALES AREA - Portions of a farm stand operation, usually covered, which are dedicated to the direct marketing and sale of farm stand products, including public rest rooms, but excluding storage areas, temporary display areas and other areas not accessible to the general public. ARTICLE I - FARM STANDS §72-5. Farm Stand Permit Required. A. No person shall erect, place or operate a farm stand without the Building Department's issuance ora farm stand permit for the farm stand operation. A farm stand permit shall be subject to revocation if the farm stand fails to operate in compliance with the requirements set forth herein. Generated September 12, 2008 Page 62 Southold Town Board - Letter Board Meeting of September 9, 2008 The Building Department shall only issue a farm stand permit to a party engaged in bona fide agricultural production within the Town of Southold. For the purposes of this Article, "bona fide agricultural production" shall be limited to the operation, within the Town of Southold, of either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. A farm stand existing as of the date of adoption of this Article which does not meet the requirements of this Article shall be deemed to be a nonconforming building under the Zoning regulations of this Code, Chapter 280. Notwithstanding the contrary provisions of this Article, a farm stand legally existing in the Town as of January 1, 2008 shall be permitted to expand or enlarge the total area of the farm stand structure(s) by up to fifty percent, cumulatively, of the total area of the farm stand structure(s) legally existing as of January 1, 2008, subiect to compliance with the parking requirements of this Article. §72-6. Farm Stand Permits Issued Without the Requirement of Site Plan Approval. A farm stand permit shall be issued to applicants meeting the following requirements, and such farm stands shall not require site plan approval from the Planning Board, notwithstanding the provisions of Chapter 280, Article XXIV: (1) The farm stand is located on lands used in bona fide agricultural production by the owner or lessee of the property. (2) The total floor area, as defined in Chapter 280, of the farm stand structure(s) does not exceed 3,000 square feet. (3) The permanent farm stand structure is set back at least fifty feet from the road. (4) The farm stand parcel provides at least four off-street parking spaces, and Generated September 12, 2008 Page 63 Southold Town Board - Letter Board Meeting of September 9, 2008 also provides adequate space that may be used for unimproved on-site parking equivalent to one parking space for each 200 square feet of retail sales area. Retail sales operations that do not meet the definition of a farm stand pursuant to this Chapter, as well as farm stands that do not meet the requirements of§ 72-6A, shall be subiect to the full site plan requirements of Chapter 280, Article XXIV, as well as all other zoning and use restrictions of Chapter 280 or the Town Code. §72-7. Farm Stand Offerings. All farm stands shall conform to the following product offering restrictions: A. At least sixty percent of the gross dollar value of all items offered for sale at farm stands shall consist of agricultural products grown by the farm stand operator within the Town of Southold. B. No more than forty percent of the gross dollar value of all items offered for sale at a farm stand may consist of the following items only: (1) Agricultural products grown by a person or entity, other than the farm stand operator, engaged in bona fide agricultural production within the Town of Southold, and not including agricultural products not grown within the Town of Southold; (2) Items manufactured or processed from the agricultural products grown by the farm stand operator, or manufactured or processed from products grown by a person or entity, other than the farm stand operator, engaged in bona fide agricultural production within the Town of Southold; (3) Clothing, apparel and other similar items, but limited to such items that promote the specific farm stand site or operator, and souvenir items of the farm stand; and (4) Other accessory items, but limited to items complementary to the specific farm stand agricultural operation, such as decorative housewares, planters and like items. Generated September 12, 2008 Page 64 Southold Town Board - Letter Board Meeting of September 9, 2008 §72-8. Maximum Size of Farm Stand. In all cases, farm stand structure(s) shall not exceed 3,000 square feet in total floor area, as defined in Chapter 280. §72-9. [Reserved] §72-10. [Reserved] §72-11. Variance Procedures. Any farm stand that is found not to meet the requirements of this Article may appeal such decision or seek a variance therefrom with the Zoning Board of Appeals. In addressing the merits of any variance application, the Zoning Board of Appeals shall consider the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the community by such grant, in further consideration of(l) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; (3) whether the requested variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the variance. §72-12. Penalties for Offenses. Any violation of this Article shall be grounds for the revocation of an existing farm stand permit. Furthermore, any violator of this Article shall, upon conviction, be guilty of a violation punishable by a fine not exceeding $1,000 or imprisonment not to exceed 15 days, or both. Each da,/on which such violation shall occur shall constitute a separate, additional offense as permitted by law. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $5,000 or imprisonment not to exceed 15 days, or both. Generated September 12, 2008 Page 65 Southold Town Board - Letter Board Meeting of September 9, 2008 II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk R£SULT: ~.DOPTED [4 TO O] I~IOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman ~.¥E$: William Ruland, Vincent Orlando, Louisa P. Evans, Scott Russell .~,BSTAII~I: Albert Krupski Jr., Thomas H. Wickham Generated September 12, 2008 Page 66 Southold Town Board - Letter Board Meeting of September 9, 2008 RESOLUTION 2008-869 ADOPTED Item # DOC ID: 4229 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-869 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 9, 2008: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in relation to Regulations Governing Farm Stands" is classified as an Unlisted Action pursuant to SEQKA 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 recommendations of Mark Terry dated September 8, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith; and be it further RESOLVED that the Town Board of the Town of Southold hereby determines such actions to be consistent with the Town of Southold LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ~.DOI~TED [4 TO O] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice ~.¥E$; William Ruland, Vincent Orlando, Louisa P. Evans, Scott Russell /~.BSTAIN: Albert Krupski Jr., Thomas H. Wickham Generated September 12, 2008 Page 44 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEW SUFFOLK COUNIY EXECUTIVE September 5, 2008 THOMAS ISLES, AICP DIRECTOR OF PLANNING Ms. Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Re: Local Law in relation to Regulations Governing Farm Stands "Agricultural Use Law", Section 72 SD-08-NJ Dear Ms. Neville: Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application is not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, APF:cc Thomas Isles, AICP Chief Planner LOCATION MAILING ADDRESS H, LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 · (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788*0099 TELECOPIER 631) 853-4044 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Augustl9,2008 RECEIVED SEP 1 0 2008 Sou~h~ld Tc,~ n PLEASE TAKE NOTICE that the Tmvn Board of the Town of Southold will hold PUBLIC HEARiNGS on the proposed Local Laws listed below on September 9, 2009: 7:35pm: "A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law" 7:40pm: "A Local Law in relation to adding Bed-and-Breakfast Uses in to Marine District" 7:50pm: "A Local Law in relation to Regulations Governing Farm Stands" and also PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on August 12, 2008: Local Law tt9: Amendments to lnclusionary Zoning requirements in the Code of the Town of Southold Please sign the duplicate of this letter and return to me at 3'our earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suflblk Count3 Department of Planning Village of Greenport Town of Riverhead Elizabeth A. Neville Town Clerk Email: Southold Town Planning Board Southold Town Assessors S~,~hold To~,q' B ui[di~pg D_~a~e.~ Si na~ -e, Receive_.d ~y~ Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK Long Island State Park Commission Toxvn of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: Title: ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Augustl9,2008 RECEIVED 2 2 2008 Town ~ler~ PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on September 9, 2009: 7:35pm: "A Local Law in relation to Amendments to the Waiver Provisions of thc Merger Law" 7:40pm: "A Local Law in relation to adding Bed-and-Breakfast Uses in to Marine District" 7:50pm: "A Local Law in relation to Regulations Governing Farm Stands" and also PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on August 12, 2008: Local Law #9: Amendments to lnclusionary Zoning requirements in the Code of the Town of Southold Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Assessors Southold Town Building Department ~ure, Receivcu~y Southold Town Board of Appeals T~tle ~ ' ~ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 19, 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 $oothold b~,r~ PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on September 9, 2009: 7:35pm: "A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law" 7:40pm: "A Local Law in relation to adding Bed-and-Breakfast Uses in to Marine District" 7:50pm: "A Local Law in relation to Regulations Governing Farm Stands" and also PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on August 12, 2008: Local Law #9: Amendments to lnclusionary Zoning requirements in the Code of the Town of Southold Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors ,/~ (~outhold To~n, Building Department ,--~nai~ure, Receiy~d Byj ~C Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August I9,2008 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net RECEIVED 2008 Southdd Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC ItEARINGS on the proposed Local Laws listed below on September 9, 2009: Ox7:35pm: "A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law" '7:40pm: "A Local Law in relation to adding Bed-and-Breakfast Uses in to Marine District" 7:50pm: "A Local Law in relation to Regulations Governing Farm Stands" and also PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on August 12, 2008: Local Law #9: Amendments to Inclusionary Zoning requirements in the Code of the Town of Southold Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors Q.~/~thold Town BulldOg Department Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVIIJ,E TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORM2~TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 19, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold xvill hold PUBLIC ItEARINGS on the proposed Local Laws listed below on September 9, 2009: 7:35pm: "A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law" 7:40pm: "A Local La~v in relation to adding Bed-and-Breakfast Uses in to Marine District" 7:50pm: "A Local Law in relation to Regulations Governing Farm Stands" and also PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on August 12, 2008: Local Law #9: Amendments to lnclusionary Zoning requirements in the Code of the Town of Southold Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Signature, R~cei~ed~) Please print name ~)(c~-~ Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: Title: ~-7-~ £ECEIVED AUG 2 5 2008 DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 19, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on September 9, 2009: 7:35pm: "A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law" 7:40pm: "A Local Law in relation to adding Bed-and-Breakfast Uses in to Marine District" 7:50pm: "A Local Law in relation to Regulations Governing Farm Stands" and also PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on August 12, 2008: Local Law #9: Amendments to Inclusionary Zoning requirements in the Code of the Town of Southold Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suflblk County Department of Planning Village of GreenporI Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department - Siggature, Receivc. d I~y ' Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: B[2.~loq., Title: '-T~o,~ ~ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIVED A[/C 2 1 ?008 Page I of I Cooper, Linda From: Cooper, Linda Sent: Wednesday, August 20, 2008 1:11 PM To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Jones, Martha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Mike; Webster, Kevin Subject: Notices of PH for 9/9/08 Attachments: Notice to Adjacent of PH.dot; LEGAL NOTICE #2 8-21-08,doc; B & B in MI, Mil 9-9-08.doc; CPF Mgmt & Stewardship Plan 9-9-08.doc; Farm Stands 9-9-08.doc; Inclusionary Zoning enact resolution.doc As I had advised you, I am sending these notices via email. Please confirm receipt of this email. Thank you Deputy Town Clerk Town of Southold 631-765-1800 Ltfe may not be the par~v we hoped fo~, but as long as weYe here, we m~ghts a~ well ~ance~ 8/20/2008 Page 1 of 1 Cooper, Linda From: Bunch, Connie Sent: Wednesday, August 20, 2008 1:36 PM To: Cooper, Linda Subject: RE: Notices of PH for 9/9/08 Got it From: Cooper, Linda Sent: Wednesday, August 20, 2008 1:11 PH To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; .~ones, Hartha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verib/, Hike; Webster, Kevin Subject: Notices of PH for 9/9/08 As I had advised you, I am sending these notices via email. Please confirm receipt of this email. Thank you Lind ,Z ooper Deputy Town Clerk Town of Southold 631-765-1800 Dfe m0 not be the paro~ we hopedjbr, but as long as we're here, we mtghts as well dance/ 8/20/2008 Page 1 of 1 Cooper, Linda From: Jones, Martha Sent: Wednesday, August 20, 2008 1:17 PM To: Cooper, Linda Subject: RE: Notices of PH for 9/9/08 I got you babe. ..... Original Message ..... From: Cooper, Linda Sent: Wednesday, August 20, 2008 1:11 PM To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; ]ones, Martha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Mike; Webster, Kevin Subject: Notices of PH for 9/9/08 As I had advised you, I am sending these notices via email. Please confirm receipt of this email. Thank you L/nda Cooper Deputy Town Clerk Town of Southold 631-765-1800 L~fe moy rio/be the paro~ ~ e hoped fu/; b ut as long ax we're here, we m~ghts as well dance 8/20/2008 Page 1 of I Cooper, Linda From: Cantrell, Elizabeth Sent: Wednesday, August 20, 2008 1:13 PM To: Cooper, Linda Subject: RE: Notices of PH for 9/9/08 Received Thank you Linda E, Cantrell From-' Cooper, Linda Sent-' Wednesday, August 20, 2008 1:11 PM To; Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; 3ones, Hartha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Mike; Webster, Kevin Subject: Notices of PH for 9/9/08 As I had advised you, I am sending these notices via email. Please confirm receipt of this email. Thank you Lindn ooper Deputy Town Clerk Town of Southold 631-765-1800 Ltfe may not be the parO~ we hoped fo~ but as long as we're here, we mlgh~x as well dance ~ 8/20/2008 Page I of I Cooper, Linda From: Kowalski, Linda Sent: Wednesday, August 20, 2008 1:19 PM To: Cooper, Linda Subject: RE: Notices of PH for 9/9/08 I have checked off confirmation of the read receipts for today and yesterday's emails with local law attachments sent (thought the other read receipts would have been ok as in the past, but it's ok if you wanted an additional receipt confirmation), "receipt confirmed" Thanks, ZBA Town of Southold Office Location: 54375 Main Road (NFB Ist FLoor) Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 (ext. 5011 at voice recording) fax (631 ) 765-9064 8/20/2008 Page I of 1 Cooper, Linda From: Lanza, Heather Sent: Wednesday, August 20, 2008 1:20 PM To: Cooper, Linda Cc: Randolph, Linda Subject: RE: Notices of PH for 9/9/08 Received and forwarded to the Planning Board From: Cooper, Linda Sent: Wednesday, August 20, 2008 1:11 PM To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Jones, Hartha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Mike; Webster, Kevin Subject: Notices of PH for 9/9/08 As I had advised you, I am sending these notices via email. Please confirm receipt of this email. Thank you Lindo ff. oo/mer Deputy Town Clerk Town of Southold 631-765-1800 Life rrl~y not be the parO' we hopedJbL but as long as we're here we mights as well dance/ 8/20/2008 Page I of 1 Cooper, Linda From: Cappabianca, Lucille Sent: Wednesday, August 20, 2008 2:31 PM To: Cooper, Linda Subject: RE: Notices of PH for 9/9/08 Receipt confirmed! ..... Original Message From: Cooper, Linda Sent: Wednesday, August 20, 2008 1:1:1 PM To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Jones, Martha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Mike; Webster, Kevin Subject: Notices of PH for 9/9/08 As I had advised you, I am sending these notices via email. Please confirm receipt of this email. Thank you L/ndn ooper Deputy Town Clerk Town of Southold 631-765-1800 Ltfe may not be the parO~ we hoped fo~ but as long as we're here, we mights as well dance ~ 8/20/2008 · , Page 1 of 1 Cooper, Linda From: Webster, Kevin Sent: Thursday, August 21, 2008 9:11 AM To: Cooper, Linda Subject: RE: Notices of PH for 9/9/08 did receive this email. Kevin From: Cooper, Linda Sent: Wednesday, August 20, 2008 1:11 PM To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; .]ones, Martha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Mike; Webster, Kevin Subject: Notices of PH for 9/9/08 As I had advised you, I am sending these notices via email. Please confirm receipt of this email, Thank you Li c/a Z 6'ooper Deputy Town Clerk Town of Southold 631-765-1800 Ltfe maJ~ not be the parO, we hoped for. but a~ long as we're here, we m~ghts ~,~ well dance/ 8/21/2 O0 8 #8976 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 21st day of Auqust, 2008, Principal Clerk Sworn to before me this day of ~_ (,~(~,k./'~-~, _ 2008 NOTARY PUBLIC-STATE OF NEW YORK No. 01-V06105050 Qualified in Suffolk County My Commission Expires February 28, 2012 LEGAL NOTICE NOTICE OF PUBLIC HEAR~IG NOTICE IS HEREBY GIVEN, there has been presented to the Town or sale of cro~ llveal~ck or livestock of filly thousand dollars or more. ~P_~QCESSED AGRICULTURAL ~]~QI)UCTS - A~ricultural vroduct w.h_igh has been converted from its oriei- nal state into a distinct product by tech- nioues such as cookinm distillation, let- include, without limitation, isms. Jellies. gh~¢$es, ootato chios, wine and other alcoholic beveraees. Simple washinm dollar value oF all items offered for sale ~ross dollar value of all items offered for Southold: (2) Items manufactured or nrocessed RETAIL SALES AREA - Portions tured or orocessed from products crown · marketine and sale o~ farm stand nrod- ' ricultural oroduction within the Town of ucts` includine public rest rooms, but ex- cluding storaae areas, temoorarv disolav areas and other areas not accessible to the ~eneral oublic. Southold: [3] Cinthinm aooarel and other simi- lar items, but liraited to such items that promote the specific farm stand site or ooerator, and souvenir items of the farm stand: and ~ (4] Other accessory items, but limited to items comolementary to the specific farm stand aericultural operation· such as decorative housewares, olamers and like items. Sworn to before me this Principal Clerk _ NOTARY PUBLIC-STArE OF NEW YORK No. 01-V06105050 Qualified In Suffolk County My Commission Expires Febtoary 28, 2012 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBy GIVEN, the~e has-been presented to the Town Board of the Town of Southold. Suffolk County, Neye York, on the 12th day of August, 2008, a Local Law entitled "A or sale of ~ livestock or Ilv~ of fifty thousand dollars or mor~. PROCESSED AGRICULTURAl, PRODUCTS - Aericultural oroduct which has been converted from its hal state into a distinct oroduct bv tech- inaues such as cooklne, distillation, fer- mentation, crushine and straining. E.x_- ninnies of Processed aericultural ;}roduct include, without limitation, lams. iellies alcoholic beveraeeg Simole washiqg, cleaning, arrangement or nackaging 9-f aericultural product shall not cause the under this defihitinn. RETAIL SALES AREA - Portions of a farm stand operation, usually c~oy- ered. which are dedicated to the direct · marketing and sale of farm stand prod- ucts. including public rest rooms, but ex- areas and other areas not accessible to , the ~eneral Public. AR CLE - T oroducts, includine cattle, sheen, hogs, farm stand leeallv existin~ in the .TowB ~oats` horses, ooultrv, ratites, such ~ as of January 1. 2008 shall be nermittf4~ ostriches, emus. rheas and kiwis, farmed to exoand or enlaree the total area deer. farmed buffalo, fur bearine animals, the farm stand structure(s)~bv up to fifty milk e~s and furs: (t3 ma~hi sam (el percent, cumulatively, of the total area of Christmas trees derive~ from a manage~ the farm stand structurets~ legally exist- fish urod~acts, water t>lants and shellfish; ~72-6. Farm Stand Penolt~ lssaed dollar value of all ilems offered for sale tural products crown bv the farm stand ooerator within the Town of Southold. gross dollar value of all items offered for sale at a farm stand may consist of the (1~ A£ricultoral products arown by a ~erson or entity. Other thall the farm stand o~erator, engaeed in bona fide ricaltural'oroduodon within the Town of Southold. and not includin~ aericultnral nroduets not crown within the Town of Southold1 (2/Items manufactured or nrocessed from the aericultoral products crown by the farm stand o~erator, or manufuc- lured or orocessed from t~roducts ~rown bv a nerson or entltv, other than the farm stand onerator, encased in bona fide ag_- ricultoral t>roduetion within the Town of Southold: (3~ Clothinm apvarel and other simi- lar items, but limited to such items that promote the specific farm stand site or operator, and souvenir items of the farm stand: and (4~ Other accessory items, but limited to items comBlamentarv to the sbecffic farm stand aarieultural operation, so¢il as decorative housewares, vlantars like items. §72-8. Ma~mum Si~e o(Farm Stand. In all cases, farm stand structurefs/ shall not exceed 3.000 sauare feet in to- tal area. §72-9. [Reservedl 1~72.11. Variance Procedures, Any farm stand that is found not to meet the requirements of this Article may at~oeal such decision or seek a vari ance therefrom with the Zonine Board of At)Deals. In addressine the merits of any variance application, the Zog- ine Board of Anneals shall consider the benefit to the anolicant if the vari- ance is aranted, as weiebed a~ainst the detriment to the health, safety and wel- fare of the community bv such ~ant. in further consideration of (II whether an undesirable chance will be produced in the character of the neighborhood or a detriment to nearby t~ro~erties will be created by the erantine of the variance: (2~ whether the benefit sought 15v the an- nlicant can be achieved by some melh- od. feasible for the aoplicant to nursue, other than a variance: (3) whether the reouested variance is substantial; (4) whether the nro~osed variance will [l~ve an adverse effect or imuact on the physi- cal or environmental conditions in the neighborhood or district: and (5) wheth- er the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of atmeals, but shall not necessarily nreclude the ~rant- ing of the variance. Any violation of this Article shall be (il woody biomass, which means short rotation woody crops raised for bioen- emv. and shall include farm woodland. AGRICUL2[TIRAL USES - Active- ties devoted madly ~o nroduetion. nrocessinm marketinu and sale of sari- cultural and ac~uacultural commodi- ties. includine any and all aericulturaL horticultural, vineyard nroducts, corn for eraln, oats. soybeans, barley. ~vbe~[, ~oultrv or poultry ;>roducts. bees. martin syrup, christmas trees, livestock, incind- ln~ swine, and honey, sold in the state ei- ther in their natural state or as nroces~ed by the producer thereof but does not in- eluded milk. timber or timber nrodt~¢ts, FARM STAND - Any nrimarv $~- any violator of this Article shall, unon ishable by a fine not exceedine $500 or both. Each day on which such violatio~l additional offense as t~'ermitted by law, shall be euiltv of a violation ounishable bv a fine not exceedin~ $1.500 or imoris- onment not to exceed 15 days. or both, Il. SEVERABILITY 11 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 unconstitution- al or invalid. I~ APPLICABILITY AND EF- This Local Law shall take effect im- mediately upon filing with the Secretary of State as provided by law. Datod: August 12~2~08 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 8976-1T 8/21 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: From: Date: Re: Scott Russell, Town Supervisor Members of the Town Board Jerilyn B. Woodhouse, Planning Board Chairperson September 8, 2008 Resolution No. 785 - Proposed Local Law in relation to "Regulations Governing Farm Stands" in the Town of Southold The Planning Board has reviewed the proposed local law regarding new Town Code for farm stands. We support the changes, however we suggest that the farm stand total structure be clearly defined to make it easy to understand what is included when determining the maximum size of the building. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Town of Southold Town Board Patficia Finnegan, Town Attorney .~ From: Mark Terry, Principal Planner'~Y - LWRP Coordinator Date: .~, E008 Re: A Local Law in relation to Regulations Governing Farm Stand The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation 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 thc consistency of the proposed action. Cc: Kieran Corcoran, Assistant Town Attorney 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~pIIcant or Project Sponsor) 1. APPLiCANT/SPONSOR 12. PROJECT NAME Town of Southold lA Local Law in relation to Regulations Governing Farm Stands 3. PROJECT LOCATION: Municipality TownofSouthold County Suflblk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Town-wide 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: A Local Law in relation to regulating Farm Stands in zones where the use is permitted. 7. AMOUNT OF LAND AFFECTED: Initially ~'~'~ acres Ultimately NA acres WILL PROPOSED ACTION COMPLY WiTH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes ~ N No If No, describe briefly 9. WHAT IS PRESENT LAND USE iN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: NA [~Agdculture [] Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes --~J No If Yes, list agency(s) name and permit/approvals: 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 Applicant/sponsor name: Scott Russell, Supervisor Date: 9/8/08 Signature: If the action is in the Coastal Area and you are a state agency, complete the Coastal Assessment Form before proceeding with th s assessment OVER 1 PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) 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. j']Yes ~]No S. 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. r~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 pabem, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: None C2. C3. C4. C5. C6. C7. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None A community's existing plans or goals as officially adopted, or a change in use or intensity o¢ use of land or other natural resources? Explain briefly: None Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefly: None Long term, short term, cumulafive, or other effects not identified in C 1-C57 Explain briefly: None Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None 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. tS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART Ill - 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. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all re~evant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the 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 FULl EAF and/or prepare a positive declaration. [] Checkthis box if you have determined, based on the information and analysis above and any supporhng documentation, that the proposed actionWlLI NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determinatior Southold Town Board Name of Lead Agency Scott Russell Pdnt or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency 9/8/08 Date Supervisor Title of Responsible Officer 89/88/2888 i1:04 631-853-4844 S C PLANING DEPT PAGE 82 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE September 5, 2008 THOMAS [,~..ES, AICP DIRECTOR OF PLANNING Ms. Elizabeth Neville, Town Clerk Town of Southold 53095 Main. Road - P.O. Box 1179 Southold, NY 11971 Re: Local Law in relation to Regulations Governing Farm Stands "Agricultural Use Law", Section 72 SD-08-NJ Dear Ms. Neville: Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, thc above referenced application is not within the jurisdiction of thc Suffolk County Planning Commission, Very truly yours, APF:cc Thomas Islcs, AICP Chi ef Planner LOCATION M,NUNG ADD~ES$ H, LEE DENNISON BLOG, - 4TH FLOOR · P, O, BOX 6100 · (6,31) 853~191 100 VETERANS MEMORIAL NIGHWAV HAUPP^UGE, NY 11788-0099 TELECOPIER 631) 853-4044 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 14, 2008 Re: Reso. No. 785 regarding proposed Re- Heating on Local Law in relation to "Regulations Governing Farm Stands" in the Town of Southold Andy Freleng Suffolk County Department of Planning PO Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freleng: The Southold Town Board at their regular meeting held on August 12, 2008 adopted the above resolution. A certified copy of same is enclosed. Changes have been made to the proposed Local Law which substantiates the setting of a new public hearing. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward them to me at your earliest convenience. This proposed local law has also been sent to the Southold Town Planning Department for their review. The date and time for the public heating is 4:40 PM, Tuesday, September 9, 2008. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, ~Eliza-beth A. N~x i'l~ Southold Town Clerk Enclosures (2) cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 14, 2008 Re: Reso. No. 785 regarding proposed Re- Hearing on Local Law in relation to "Regulations Governing Farm Stands" in the Town of Southold Jerilyn B. Woodhouse, Chairperson Southold Town Planning Board Southold Town Hall 53095 Main Road Southold, New York 11917 Dear Ms. Woodhouse, The Southold Town Board at their regular meeting held on August 12, 2008 adopted the above resolution. A certified copy of same is enclosed. Changes have been made to the proposed Local Law which substantiates the setting of a new public hearing. Please prepare an official report defining the Board's recommendations with regard to this proposed local law and forward them to me at your earliest convenience. This proposed local law has also been sent to the Suffolk County Planning Department for their review. The date and time for the public hearing is 4:40 PM, Tuesday, September 9, 2008. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Southold Town Clerk Enclosures (2) cc: Town Board Town Attorney Southold To~vn Board - Letter Board Meeting of August 12, 2008 RESOLUTION 2008-786 ADOPTED Item # DOC ID: 4169 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-786 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 12, 2008: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to send the following proposed Local Laws to the Suffolk County Planning Department and the Southold Town Planning Board for their recommendations and review: A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law A Local Law in relation to adding Bed-and-Breakfast Uses to Marine Districts ---'A Local Law in relation to Regulations Governing Farm Stand Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER; Vincent Orlando, Councilman SECONDER; Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated August 18, 2008 Page 55 Page 1 of 1 Cooper, Linda From: JOAN ANN [jaweber@timesreview.com] Sent: Friday, August 15, 2008 2:35 PM To: Cooper, Linda Subject: Re: Legal Notice PH 9-9-08 7:50 pm RECEIVED JOANANN ..... Original Message ..... From: Cooper, Linda To: JOAN ANN - Legals Cc: Neville, Elizabeth Sent: Friday, August 15, 2008 12:02 PM Subject: Legal Notice PH 9-9-08 7:50 pm Please confirm receipt of this email. Thank you. 8/15/2008 Page 1 of l Cooper, Linda From: Sent: To: Cc: Subject: Cooper, Linda Friday, August 15, 2008 1:03 PM JOAN ANN - Legals Neville, Elizabeth Legal Notice PH 9-9-08 7:50 pm Attachments: Farm Stands 9-9-08.doc Please confirm receipt of this email. Thank you. 8/15/2008 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suflblk County, New York, on the 12th day of August, 2008 a Local Law entitled "A Local Law in relation to Regulations Governing Farm Stands" 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 9th day of September, 2008 at 7:50 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 Regulations Governing Farm Stands" reads as follows: LOCAL LAW NO. OF 2008 A Local Law entitled, "A Local Law in relation to Regulations Governing Farm Stands". BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 135 of the code of the Town of Southold is hereby repealed in its entirety. A new Chapter 72 of the Code of the Town of Southold is hereby adopted as lbllows: I. §72-1. Title. This law shall be known as the "Agricultural Uses Law". II. §72-2. Purpose. Regulation of agricultural uses in the Town of Southold is necessary to facilitate and encourage bona fide agricultural operations while providing for the health, safety and welfare of the Town's residents and its visitors. Farm stands are an important part of the Town's agricultural base and character, and are increasingly vital to the viability of the agricultural industry in the Town. The first Chapter of this proposed Local Law governing agricultural uses will pertain to farm stands, and require, among other things, that they be part of active farming operations within the Town. §72-3. Statutory authorization. This local law is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to govern agricultural uses within the entire Town. The variance provision of this local law shall supersede any inconsistent portions of the Town Law Section 267-a and govern the subject of variances in this local law. §72-4. Definitions. As used in this Chapter, the following terms shall have their meanings indicated: AGRICULTURAL PRODUCTION - The production for sale of crops, livestock or livestock products, which shall include but not be limited to: (a) field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans; (b) fruits, including apples, peaches, grapes, cherries, tomatoes and berries; (c) vegetables, including snap beans, cabbage, carrots, beets and onions; (d) horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers; (e) livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur bearing animals, milk eggs and furs; maple sap; (g) Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump; (h) aquaculture products, including fish, fish products, water plants and shellfish; (i) woody biomass, which means short rotation woody crops raised for bioenergy, and shall include farm woodland. AGRICULTURAL USES - Activities devoted primarily to production, processing, marketing and sale of agricultural and acquacultural commodities, including any and all agricultural, horticultural, vineyard products, corn for grain, oats, soybeans, barley, wheat, poultry or poultry products, bees, maple syrup, christmas trees, livestock, including swine, and honey, sold in the state either in their natural state or as processed by the producer thereof but does not included milk, timber or timber products, other than christmas trees, all hay, rye and legumes. FARM STAND - Any primary structure or portion of a structure greater than 80 square feet in area used for the purpose of retail sale of locally produced agricultural product grown by the owner or lessor of the structure, as well as the accessory sale of processed agricultural products, agriculture-related products and incidental accessory items. For the purposes of this Chapter, a farm stand shall be limited to structures operated by an applicant on a parcel with either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value often thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. PROCESSED AGRICULTURAL PRODUCTS - Agricultural product which has been converted from its original state into a distinct product by techniques such as cooking, distillation, fermentation, crushing and straining. Examples of processed agricultural product include, without limitation, jams, jellies, cheeses, potato chips, wine and other alcoholic beverages. Simple washing, cleaning, arrangement or packaging of agricultural product shall not cause the product to be considered "processed" under this definition. RETAIL SALES AREA - Portions ora farm stand operation, usually covered, which are dedicated to the direct marketing and sale of farm stand products, including public rest rooms, but excluding storage areas, temporary display areas and other areas not accessible to the general public. ARTICLE I - FARM STANDS §72-5. Farm Stand Permit Required. A. No person shall erect, place or operate a farm stand without the Building Department's issuance of a farm stand permit for the farm stand operation. A farm stand permit shall be subject to revocation if the farm stand fails to operate in compliance with the requirements set forth herein. B. The Building Department shall only issue a farm stand permit to a party engaged in bona fide agricultural production within the Town of Southold. For the purposes of this Article, "bona fide agricultural production" shall be limited to the operation, within the Town of Southold, of either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. A farm stand existing as of the date of adoption of this Article which does not meet the requirements of this Article shall be deemed to be a nonconforming building under the Zoning regulations of this Code, Chapter 280. Notwithstanding the contrary provisions of this Article, a farm stand legally existing in the Town as of January 1, 2008 shall be permitted to expand or enlarge the total area of the farm stand structure(s) by up to fifty percent, cumulatively, of the total area of the farm stand structure(s) legally existing as of January 1, 2008, subiect to compliance with the parking requirements of this Article. §72-6. A. Farm Stand Permits Issued Without the Requirement of Site Plan Approval. A farm stand permit shall be issued to applicants meeting the following requirements, and such farm stands shall not require site plan approval from the Planning Board, notwithstanding the provisions of Chapter 280, Article XXIV: (1) The farm stand is located on lands used in bona fide agricultural production by the owner or lessee of the property. (2) The total area of the farm stand structure(s) does not exceed 3,000 square feet. (3) The permanent farm stand structure is set back at least fifty feet from the road. (4) The farm stand parcel provides at least four off-street parking spaces, and also provides adequate space that may be used for unimproved on-site parking equivalent to one parking space for each 200 square feet of retail sales area. Retail sales operations that do not meet the definition of a farm stand pursuant to this Chapter, as well as farm stands that do not meet the requirements of § 72-6A, shall be subject to the full site plan requirements of Chapter 280, Article XXIV, as well as all other zoning and use restrictions of Chapter 280 or the Town Code. §72-7. Farm Stand Offerings. All farm stands shall conform to the following product offering restrictions: A. At least sixty percent of the gross dollar value of all items offered for sale at farm stands shall consist of agricultural products grown by the farm stand operator within the Town of Southold. B. No more than forty percent of the gross dollar value of all items offered for sale at a farm stand may consist of the following items only: (1) Agricultural products grown by a person or entity, other than the farm stand operator, engaged in bona fide agricultural production within the Town of Southold, and not including agricultural products not grown within the Town of Southold; (2) Items manufactured or processed from the agricultural products grown by the farm stand operator, or manufactured or processed from products grown by a person or entity, other than the farm stand operator, engaged in bona fide agricultural production within the Town of Southold; (3) Clothing, apparel and other similar items, but limited to such items that promote the specific farm stand site or operator, and souvenir items of the farm stand; and (4) Other accessory items, but limited to items complementary to the specific farm stand agricultural operation, such as decorative housewares, planters and like items. §72-8. Maximum Size of Farm Stand. In all cases, farm stand structure(s) shall not exceed 3,000 square feet in total area. §72-9. [Reserved[ §72-10. [Reservedl §72-11. Variance Procedures. Any farm stand that is found not to meet the requirements of this Article may appeal such decision or seek a variance therefrom with the Zoning Board of Appeals. In addressing the merits of any variance application, the Zoning Board of Appeals shall consider the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the community by such grant, in further consideration of (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; (3) whether the requested variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the variance. §72-12. Penalties for Offenses. Any violation of this Article shall be grounds for the revocation of an existing farm stand permit. Furthermore, any violator of this Article shall, upon conviction, be guilty of a violation punishable by a fine not exceeding $500 or imprisonment not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense as permitted by law. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $1,500 or imprisonment not to exceed 15 days, or both. 1I. 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. 1II. APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: August 12, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON AUGUST 21, 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 Suflblk Times TC's Bulletin Board Comm Planning Dept. Town Board Members Building Department Town Attorney Agricultural Adv. 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 /d~ day oft~.. ,2008, she affixed a notice of which the annexed printed notice is a true copy, ~n a proper and substantial manner, in a most public place n the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: Farm Stands PH 9/9/08 7:50 PM Sworn before me this /o° day of~r,~.~_, 2008. N ' ESTl~lizabeih-A~ Iklevill~ .... Southold Town Clerk LINDA J COOPER NOTARY PUBLIC, State of New York qO. 01C04822563, Suffol,~ Country Southold Town Board - Letter Board MEting of August 12, 2008 RESOLUTION 2008-785 ADOPTED Item # DOC ID: 4168 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-785 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 12, 2008: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suflblk County, New York, on the 12th day of August, 2008 a Local Law entitled "A Local Law in relation to Regulations Governing Farm Stands" 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 9m day of September, 2008 at 7:50 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 Regulations Governing Farm Stands" reads as follows: LOCAL LAW NO. OF 2008 A Local Law entitled, "A Local Law in relation to Regulations Governing Farm Stands". BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 135 of the code of the Town of Southold is hereby repealed in its entirety. A new Chapter 72 of the Code of the Town of Southold is hereby adopted as follows: 1. §72-1. Title. This law shall be known as the "Agricultural Uses Law". II. §72-2. Purpose. Regulation of agricultural uses in the Town of Southold is necessary to facilitate and encourage bona fide agricultural operations while providing for the health, safety and welfare of the Town's residents and its visitors. Farm stands are an important part of the Town's agricultural base and Generated August 18, 2008 Page 48 Southold Town Board - Letter Board Meeting of August 12, 2008 character, and are increasingly vital to the viability of the agricultural industry in the Town. The first Chapter of this proposed Local Law governing agricultural uses will pertain to farm stands, and require, among other things, that they be part of active farming operations within the Town. .1}72-3. Statutory authorization. This local law is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to govern agricultural uses within the entire Town. The variance provision of this local law shall supersede any inconsistent portions of the Town Law Section 267-a and govern the subject of variances in this local law. §72-4. Definitions. As used in this Chapter. the following terms shall have their meanings indicated: AGRICULTURAL PRODUCTION - The production for sale of crops, livestock or livestock products, which shall include but not be limited to: (a) field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans; (b) fruits, including apples, peaches, grapes, cherries, tomatoes and berries; (c) vegetables, including snap beans, cabbage, carrots, beets and onions; (d) horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers; (e) livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur bearing animals, milk eggs and furs; (f) maple sap; (g) Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump; (h) aquaculture products, including fish, fish products, water plants and shellfish; (i) woody biomass, which means short rotation woody crops raised for bioenergy, and shall include farm woodland. AGRICULTURAL USES - Activities devoted primarily to production, processing, marketing and sale of agricultural and acquacultural commodities, including any and all agricultural, horticultural, vineyard products, corn for grain, oats, soybeans, barley, wheat, poultry or poultry products, bees, maple syrup, christmas trees, livestock, including swine, and honey, sold in the state either in their natural state or as processed by the producer thereof but does not included Generated August 18, 2008 Page 49 Southold Town Board - Letter Board Meeting of August 12, 2008 milk, timber or timber products, other than christmas trees, all hay, rye and legumes. FARM STAND - Any primary structure or portion of a structure greater than 80 square feet in area used for the purpose of retail sale of locally produced agricultural product grown by the owner or lessor of the structure, as well as the accessory sale of processed agricultural products, agriculture-related products and incidental accessory items. For the purposes of this Chapter, a farm stand shall be limited to structures operated by an applicant on a parcel with either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. PROCESSED AGRICULTURAL PRODUCTS - Agricultural product which has been converted from its original state into a distinct product by techniques such as cooking, distillation, fermentation, crushing and straining. Examples of processed agricultural product include, without limitation, jams, jellies, cheeses, potato chips, wine and other alcoholic beverages. Simple washing, cleaning, arrangement or packaging of agricultural product shall not cause the product to be considered "processed" under this definition. RETAIL SALES AREA - Portions of a farm stand operation, usually covered, which are dedicated to the direct marketing and sale of farm stand products, including public rest rooms, but excluding storage areas, temporary display areas and other areas not accessible to the general public. ARTICLE I - FARM STANDS §72-5. Farm Stand Permit Required. A. No person shall erect, place or operate a farm stand without the Building Department's issuance of a farm stand permit for the farm stand operation. A farm stand permit shall be subject to revocation if the farm stand fails to operate in compliance with the requirements set forth herein. Generated August 18, 2008 Page 50 Southold Town Board - Letter Board Meeting of August 12, 2008 · The Building Department shall only issue a farm stand permit to a party engaged in bona fide agricultural production within the Town of Southold. For the purposes of this Article, "bona fide agricultural production" shall be limited to the operation, within the Town of Southold, of either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more', or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. A farm stand existing as of the date of adoption of this Article which does not meet the requirements of this Article shall be deemed to be a nonconforming building under the Zoning regulations of this Code, Chapter 280. Notwithstanding the contrary provisions of this Article, a farm stand legally existing in the Town as of January 1, 2008 shall be permitted to expand or enlarge the total area of the farm stand structure(s) by up to fifty percent, cumulatively, of the total area of the farm stand structure(s) legally existing as of January 1,2008, subject to compliance with the parking requirements of this Article. §72-6. Farm Stand Permits Issued Without the Requirement of Site Plan Approval. A farm stand permit shall be issued to applicants meeting the following requirements, and such farm stands shall not require site plan approval from the Planning Board, notwithstanding the provisions of Chapter 280, Article XXIV: (1) The farm stand is located on lands used in bona fide agricultural production by the owner or lessee of the property. (2) The total area of the farm stand structure(s) does not exceed 3,000 square feet. (3) The permanent farm stand structure is set back at least fifty feet from the road. (4) The farm stand parcel provides at least four off-street parking spaces, and also provides adequate space that may be used for unimproved on-site Generated August 18, 2008 Page 51 Southold Town Board - Letter Board Meeting of August 12, 2008 parking equivalent to one parking space for each 200 square feet of retail sales area. Retail sales operations that do not meet the definition ora farm stand pursuant to this Chapter, as well as farm stands that do not meet the requirements of § 72-6A, shall be subject to the full site plan requirements of Chapter 280, Article XXIV, as well as all other zoning and use restrictions of Chapter 280 or the Town Code. §72-7. Farm Stand Offerings. All farm stands shall conform to the following product offering restrictions: A. At least sixty pement of the gross dollar value of alt items offered for sale at farm stands shall consist of agricultural products grown by the farm stand operator within the Town of Southold. B. No more than forty percent of the gross dollar value of all items offered for sale at a farm stand may consist of the following items only: (1) Agricultural products grown by a person or entity, other than the farm stand operator, engaged in bona fide agricultural production within the Town of Southold, and not including agricultural products not grown within the Town of Southold; (2) Items manufactured or processed from the agricultural products gro~vn by the farm stand operator, or manufactured or processed from products grown by a person or entity, other than the farm stand operator, engaged in bona fide agricultural production within the Town of Southold; (3) Clothing, apparel and other similar items, but limited to such items that promote the specific farm stand site or operator, and souvenir items of the farm stand; and (4) Other accessory items, but limited to items complementary to the specific farm stand agricultural operation, such as decorative housewares, planters and like items. §72-8. Maximum Size of Farm Stand. Generated August 18, 2008 Page 52 Southold Town Board - Letter Board Meeting of August 12, 2008 In all cases, farm stand structure(s) shall not exceed 3,000 square feet in total area. §72-9. lReservedl §72-10. lReservedl §72-11. Variance Procedures. Any farm stand that is found not to meet the requirements of this Article may appeal such decision or seek a variance therefrom with the Zoning Board of Appeals. In addressing the merits of any variance application, the Zoning Board of Appeals shall consider the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the community by such grant, in further consideration of (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; (3) whether the requested variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the variance. §72-12. Penalties for Offenses. Any violation of this Article shall be grounds for the revocation of an existing farm stand permit. Furthermore, an,/violator of this Article shall, upon conviction, be guilty of a violation punishable b,/a fine not exceeding $500 or imprisonment not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense as permitted by law. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $1,500 or imprisonment not to exceed 15 days, or both. 11. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any Generated August 18, 2008 Page 53 Southold Town Board - I,etter Board Meeting of August 12, 2008 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. IlL APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [4 TO O] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: William Ruland, Vincent Orlando, Louisa P. Evans, Scott Russell ABSTAIN: Albert Krupski Jr., Thomas H. Wickham Generated August 18, 2008 Page 54 MAJOR REVISIONS NEW PUBLIC HEARING PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 ro~ From: Date: Re: MEMORANDUM Scott Russell, Town Supervisor Members of thc Town Board Patricia Finnegan, Town Attorney Heather Lanza, Planning Director (~_- August4,2008 Farm Stand Ordinance Transportation Element Neb Brashich, Chair of the Transportation Commission, asked me to/brward the attached "Farm Stand Ordinance Transportation Element" to you. The Commisssion drafted this document after working on transportation issues relating to farm stands. Att. Southold Town Transportation Commission FARM STAND ORDINANCE TRANSPORTATION ELEMENT DEFINITION Retail Farm Stand (RFS). Farm stands operating primarily as retail operations characterized by having relatively short customer visit time (typically less than fifteen minutes) for the primary purpose of purchasing retail farm stand products. Destination Farm Stand (DFS). A farm stand where significant recreation, education, and entertainment activities in addition to retail sales, produce customer visit times of one hour or more. An RFS may be temporarily classified as a DFS when conducting special one-day or weekend-long events. Special Even%. Scheduled DFS events that generate higher customer traffic levels than normal operating hours traffic. ACCESS Highway access to both RFS and DFS operations must conform to applicable highway standards of the state, county, and or town highways where they are located. A dedicated access point must be provided for both RFS and DFS operations to direct drivers off and back onto the highway from the stand's parking area(s). Parking access may be a single location, combining entrance and exit or multiple entry/exit points, depending on site layout and size. Existing code requires Retail Farm Stand operations to provide one parking space for every 100 square feet of farm stand or accessory greenhouse, per the existing town code. An average customer length of stay for an RFS is assumed to be 10 minutes. Destination Farm Stand operations must declare their anticipated customer load and provide parking spaces adequate to support this load, based on an average customer length of stay of one hour. Additional parking area(s) must be provided to support scheduled Special Events. TRAFFIC CONTROL DFS operations holding special events generating greater than normal traffic loads will provide private traffic control person(s) to direct customers into their parking lot(s). These traffic control persons must perform their duties on private property and will not stand within the highway right-of-way. Page 1 of 1 Submitted: June 2008 by Jim Baker Southold Town Board - Letter Board Meeting of July 1, 2008 RESOLUTION 2008-656 ADOPTED Item # DOC ID: 4038 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-656 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 1, 2008: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to Regulations Governing Farm Stands" 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 Mark Terry dated June 30, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and 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 [4 TO O] MOVER: Vincent Orlando, Scott Russell SECONDER: William Ruland, Councilman AYES: William Ruland, Vincent Orlando, Louisa P. Evans, Scott Russell ABSTAIN: Albert Krupski Jr., Thomas H. Wickham Generated July 2, 2008 Page 42 RECEIVED JUL 7 2008 %uthuI Town Cie,tit DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE July I, 2008 THOMAS iSLES, AICP DIRECTOR OF PLANNING Ms. Elizabeth Neville, Town Clerk Town of Southold Planning Bd. 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Applicant: Zoning Action: Public Hearing Date: SCPC File No.: Town of Southold Amendment: "Farm Stands" 7/1/08 SD-08-04 Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application, which has been submitted, to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approvaI or disapproval. Very truly yours, T.homas Isles, AICP _~ Chief Planner APF:cc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG.- 4TH FLOOR · P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (6311 853-4044 FARM STAND - Any primary structure or portion of a structure greater than 80 square feet in area used for the purpose of retail sale of locally produced agricultural product grown by the owner or lessor of the structure~ as well as the accessory sale of processed agricultural products, agriculture-related products and incidental accessory items. For the purposes of this Chapter~ a farm stand shall be limited to structures operated by an applicant on a parcel with either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops~ livestock or livestock products of an average gross sales value of fifty thousand dollars or more. The proposed code defines "Form Stand" os above: boas this mean that the retail soles of crops from equipment or facilities that: · ore less than BO square feet in area, or · from wagons totaling less than 80 square feet, or · from a seller's parcel that is less than 7 acres, or · from a seller's parcel that produced less than$50,O00 of sales in the last two years -- are not sold from "Farm Stands"? Tf so, then what are such small stands selling crops called? There are hundreds around town. Will the existing code address them as retail business activities? Ts it proposed that the revised code will ignore them? Are they unregulated? What about the definitions and requirements in Chapter 280710~,~~ Agreed that we need to facilitate farmers' access to local and tourist retail markets; but, small stands are also an important characteristic of our town. Should we not recognize them in this legislation? Can we not call them "Yard- Stands" and define them as such? ];f this appears to be too knotty an issue ( as a special case of retail sales) could we not create a limited class by requiring 100% on-parcel or 100% within-township crop cultivation? Roy Huntington, Cutchogue 734-4227 RECEIVED JUL 1 2008 Soothold Town Clef[ Farm stand references in FAMILY -- One or more persons occupying a dwelling unit as a single nonprofit Chapter I unit. More than five persons 18 years of age or older, exclusive of domestic servants, 280... abstracted blood, marriage or adoption shall not be considered a "family." FARM -- A site or series of adjoining parcels under single ownership or management ricultural use. FARM BUILDINGS -- All structures useful or necessary for the conduct of agricultural uding but not limited to barns, silos, mechanical equipment storage sheds, animal pens FARM STAND -- Any structure open to the weather on at least one side, used for the of retail sale of produce grown by the owner of the stand on farm acreage within the hold. Such structure may be one-story or less, roofed or have partial walls and flooring e completely enclosed except when the business is closed. A farm stand may not be lechanically heated or cooled by permanent equipment. A truck bed or trailer on wheels, ~=xcess of 20 square feet displaying produce, shall be considered a farm stand. [Added L.L No. 8-1997] ROADSIDE FARM STAND or AGRICULTURAL STAND -- A booth, stall or display area exceeding 50 square feet in area located on a farm from which agricultural products are sold to the general public. Roadside farm stand Minimum of 4 spaces per stand In A-C, R-80, R-120, R-200 and R-400 Districts, 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. (1) One-family detached dwellings, not to exceed one dwelling on each lot. (2) The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: [Amended 5-23-1989 by L.L. No. 8-1989] (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises. [Amended 11-29- 1994 by L.L No. 25-1994; 5-13-1997 by L.L. No.'8-1997] (b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks) ~i,~,;~ ~,~ .~,~. ~-~ ~:~ ~/~,~ i ~J~:~ on lots of 10 acres or more. (c) Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. (d) The retail sale of local produce from structures of less than 20 square feet floor area shall be set back at least 10 feet from any lot line. [Added 5-13-1997 by L.L. No. 8-1997] 280-17. Use regulations. I~ an R-40 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: (1) Same as § 280-13A of the Agricultural-Conservation District, except that wineries are excluded. [Amended 11-29-1994 by L.L. No. 26-1994] RECEIVED JUL 1 2008 Southold Clef[ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE July l, 2008 THOMAS iSLES, AICP DIRECTOR OF PLANNING Ms. Elizabeth Neville, Town Clerk Town of Southold Planning Bd. 53095 Main Road- P.O. Box 1179 Southold, NY 11971 Applicant: Town of Southold Zoning Action: Amendment: "Farm Stands" Public Hearing Date: 7/I/08 $CPC Fil. e No.: SD-08-04 Dear Ms. Neville: Pur.~uant to the requirements of Sections A 14-14 to 23 &the Suffolk County Administrative Code, thc above referenced application, which has been submittcd, to the Suffolk County Planning Commission is considered to be a matter for local deterrn{nation as there is no apparent sJgni~eant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, T.homas Isles, AICP _ ~ Andrew P. Freleag, .M~2P ChiefPlanne~ APF:cc LOCATION MAILING ADDRESS H. LEI: DENNISON BLDG, -4TH FLOOR · P.O. BOX 6100 · 631} 8.53-5191 10O VETERANS MEMORIAL NIOHWAY HAUPPAUGE, NY 11788-0099 T~L~-COPIER ,531J 853.-4044 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & ¥oungs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED To: From: Date: Scott Russell, Town Supervisor Members of the Town Board Jerilyn B. Woodhouse, Planning Board Chairperson June 25, 2008 JUL 1 2OO8 ~outhol4 Tov~n Clef[ Re: Resolution No. 2008-580314 - Proposed Local Law in relation to "Regulations Governing Farm Stands" in the Town of Southold The Planning Board has reviewed the proposed local law regarding new Town Code for farm stands. We support updating the farm stand code, however we have some comments regarding the proposed legislation as follows: 1. Statement of Purpose: consider adding more language about supporting local agriculture to this section of the law. 2. Maximum size: consider capping the maximum size at 3,000 square feet of enclosed retail area instead of the proposed 4,000 square feet. Parking requirements: consider simplifying the parking requirements to read as follows, or something similarly simple: The farm stand parcel provides at least four off-street parking spaces and also provides adequate space that may be used to accommodate seasonal fluctuations in parking needs so that safe conditions for the public are maintained at and around the farm stand at all times. A concern was raised about existing farm stands and what their status would be after the new code is enacted - how many farm stands would become non-conforming? Processed agricultural products are defined, however are not treated any differently than other retail products. Consider providing an incentive for farm stands to carry products made from locally grown produce by providing an incentive to do so. For example, you might consider a more stringent limit than 40% on non-local processed foods, souvenirs, clothing and other retail items, but give an incentive for selling products made with locally-grown produce by allowing a higher percentage of the gross sales to be processed, if the processed items are from locally grown produce. 6. Develop criteria and a mechanism for evaluating the percentage of local produce versus other retail, and involve the Agricultural Advisory Committee in this process. 7. Definitions and Consistency: there are a number of definitions throughout the code in other chapters that are not consistent with the definitions in this new chapter. The Planning Department has a comprehensive list of those definitions to be provided to the Town Attorney's office. 2 JUN. 30. 2008 2:28PM NO. 465 P. State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only 1 PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR J2. PROJECT NAME ,,,T°wll of Southold Town Board JZoning Disirict change of SCTM# I000-89-3-1,1 3. PROJECT LOCATION; Municlpalil~ Southo]~t Couflty Sllffoik 4, PRECISE LOCATION (Street address and mad i~ltersections, promir;ent landmad,~s, etc., or provide map) 1275 Ce, dar Beach Road, Southold, New Y~rk 11971 5. PROPOSED ACTION IS: [] New [] Expansion [] Modificetion/alteral~on 6. DESCRIBE PROJECT BRIEFLY: Zoning g/str/c~ designation change of SCTM# 1000-g9-3-l.! from Hamlet Bus/ness (HB) and Agtlcllltural Conservation (AC) to 7. AMOUNT.OF LAND AFFECTED: __Initially .:L4 acres URimately 3,4 acres 8. W1LL PROPOSED ACTION COMPLY WiTH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No IfN0, desCdbe briefly The ac'don is a proposed zone change to a less intense residential use, 9. WHAT IS PRESENT L/~ND USE IN VICINITY OF PROJECT? [] Reai~eetiel [] Industrial [] Commercial Describe: [~Agriculture [] PaddPoresFOpen Space [] Other 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 agerl~y(a) name and point,approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMFI' OR APPROVAL? [] Yes [] No If Yes, list agencyls} name and pem~it~approvals,. 12. AS A RESULT OF PROPOSED ACTION WiLL EXISTING PERMrT/APPROVAL REQUIRE MODIFICATION? ~]Yes J'~"] No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE iS TRUE TO THE BEST OF MY KNOWLEDGE ApplJcaet/sponsor name; Scott A. Russell, St~perv~or Date: 6/30/0g Signature: I If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER JUN. 30. 2008 2:28PM NO, 465 P, 2 PART Il - IMPACT ASSESSMENT (To be completed by Lead A~ency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART $17.47 If yes, seorclinate the review pmcasa and use the FULL EAF. [--]Yes ['~Ne B. Wit~ ACTION RECEIVE GOORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART g17.67 ff NO. a n~ative declaration may be superseded by another Tflvolved agency, ~]Yes []No C. COULD ACTION RESULT IN AN~ ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING; (Answer~ may be handwritten, if legible) C1. Existing air quality, surface m' groundwater quality er quantity, noise levels, existing tml'~c pattsm, solid waste pmdac[ion or disposal, potential for erosion, drainage or flooding problems? Explain briefly'. None C2, Aesthetic, agricultural, arohaeolagical, histsdc, er other natural or cultural resources; or community or neighborhood ~haracter? Explain briefly'. Nohe C3. vegetation or feima, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Ezplsifi briefly; None C4. A ~=ommuslly's existing p~ans cr goals as ofclalJy adopted, or a change in use or inteesi~ of use of lanai or othm' natural resources? Explain briefly; C5. Growth, subsequent deseiopreent, or related activities Rely to be induced I~ the proposed action? Ezplain briefl~ NODe Cg_ Long term, short terfft, cumulatlve, or other effects not identified in C1-C$? Explain briery: No~_e C7. Other impacts (including changes in use of either ~uantity or type of energy)? E~plain bdefly; None D, W~LL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTAEL[SHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes~.~r~ No If Yes, explain briefly; E, IS THERE, OR, IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] NO ff Yes, expJsln PART III - DETERMINATION OF SIGNIFICANCE (To be eqmpleted by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it Is substa~Ual, large, important or otherwise significant. effect shot~ld be assessed in C~nnection ~th its (a) se~ng (i,e. urban or rural); (b) p~obab[[ity of occurring; (c) duration; (d) irreversibility; (e) geographic esope; and (f) magnitude, if necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts h ave been identified and adequately addressed. If question D of P art II was checked yes, the determination Of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA, ] Chec~ this box if you have i~entified one or more pote~lally large or significant adveme impacts which MAY cc. cur, Then proceed directly to the FULl. EAF end/or prepare a positive declaration. [] Check this boxifyou have determined, based on the information and allatysi$ above and any supporting clocumentation, that the ¢~ropesed action WI[J NOT result in any significant adverse environmental ir~pscts AND provide, on at~chments as necessary, [he reasons supposing this determination, Town of Sottthold Town Board Name of Lead Agency Scott A, Russell Print or Type Name of Responsible Officer in Lead Agency Sigrtature of Responsible Officer in Lead Agency 6/30/08 Date Supervisor JUN. 30, 2008 2:~gPM 6t?.=o NO, 467 P, 1 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT iNFORMATION (To be completed by Applicant or Project Sponsor) 2. PROJECT NAME 1.TownAPPLICANT/SPONSORof Southold I "A Local Law in ~latJ0n to Regulafioas Governing Farm Stands" 3, PROJECT LOCATION: Municipali[y So[tt~old County SI/~o]k 4. PRECISE LOC/~TION (Street address and road intersec'fions, prom[l~ant landmarks, eta., or provide map) Town of Southold 5. P~OPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY; Consideration ora Local Law in relation to regulations of Farm Stands, 7. AMOUNT OF LAND AFFECTED; Initially i~A acres Ultimately l~.& acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER: EXISTING LAND USE RESTRICTIONS? [] Yes [] No IfNo, descr~ebriefly 9. WHAT IS PRESENT I~ND USE ~N VICINITY OF PROJECT}' [] Residential [] Industrial [] Commercial [] A,gdeultl,lro [] ParktForest/Open Space [] Other Descdba: 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) aame and pemlit/approvals; 1 DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agellcy(s) name and permi~Jepprovals: 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 Applicant/sponsorname; ScottA.~.usse!!,So[;)aTv,;,sor Date; 6/30/05 Signature: I I If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER , dUN. 30.2008 2:39PM N0.467 P, 2 PART II - IMPACT ASSESSMENT (To be completed by Lea~ Agen=¥) .,, 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, r-I l-4Ne B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 61 ?.67 If NO, · negetlve decJ~ratJon may be aupemeded by ano~er Involved agency', ~'-lYes ]-~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, ~urface or groundwater quality er quantity, no'=e levels, existing traffic pattern, solid wesm production or disposal, potential far erosion, drainage or fl0eding problems? Explain bdefly: None C2. Aesthetic:, agricultural, archaso[ogical, historic, or other natural or cultural resources', or community or neighborhood character'/Explain briefly: None C3. Veg~tatjol~ or feline, tish, shellfish er wildlife species, signJflcar~f habRats, or threatened er endangered species? Explain briefly; C4. A ~mmunity's exisflng plans or goals as off[deity adoplea, or a change in USe or intensity of use of tend er other natural resources? Explain bdefly: None C5. Grow(h, subsequent development, or misted activities likely to be induced by the proposed argon? Explain briefly: No~.e C6, Long term, shod term, cumulative, or other effects not Jdenfified in C1-C57 Explain briefly: None C7. Olher impede (including changes in use of e~ther quantity or type of energy)? Explain b~efly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)7 [] Yes [] No If Yes, explain br'~4ty: E, 18 THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] YeS [] No if Yes, explain bdefly: PART III - DETERMINAT ON OF SIGNIFICANCE (To be completed by Agency) _ . ~ INSTRUCTIONS: For each adverse effect identified above determine whether it is substantial, large, important or otherwise signi~cam. ~ effect should be assessed [n connection with its (a) softing (i.a, urban or rural); (b) probability of occurring; (c) duration; (d) irrevarsibility;'-(e) 9eographic scope; and (f) magnitude. If necessary, add attachments or reference supposing materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impaCtS have beert identified and adequately addressed. If question D of Part II was checked yes, the determination of sJgnificanse must evaluatethe potential impact of the proposed action onthe environmental characteristics of the CEA. ] CheC~ this box if you have identified one or mo~e potenUa[ty large or significant adveme impacts which MAY occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration. [] CheckthisboXlfY°uhavedetermice~4~based~ntheinf~m1ati~naedana~)'~isab~veandenysupp~rtingd~cumentati~n~thatthepr~p~sedacUonW~L~ NOT rest~lt in any significant adverse environmental irrlpscts AND provide, on attechrllents as necessary, the reasons supporting this determination Town of Southold Town Board N~ne of Lead Agency Scott A. Russell Print or Type Name of Respmqslble Officer in Lea~l Agency Signature of Responsible Officer in Lead Agency 6/30/08 Date Supervisor Title of Responsible Office r PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFlqCE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of Southold Town Board Patricia Finnegan, Town Attorney From: Mark Terry, Principal Planner LWRP Coordinator Date: June 30, 2008 RECEIVED JUN 3 0 2008 Re: "A Local Law in relation to Regulations Governing Farm Stands" The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation 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 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P;O: Box 1179 Southolit, iNew .York 11971 ~ ~..ax~(631 ) 765-6145 Tel~C~l~e (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 6, 2008 PLEASETAKE NO~I'IE'E that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed I,ocal I,aws entitled on July I, 2008: .-d"A Local Law to Amend the Zoning Map of the Town of Southold by changing the Zoning District ~esignation of p/o SCTM # 1000-89-3-1.1 from Hamlet Business (HB) and Agricultural Conservation (AC) to R-80" to be held at 4:35 p.m. And "A Local La~' in relation to Regulations Governing Farm Stands" to be held at 4:40 p.m. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. .ttachments Sufl'olk Count)I)epartnlent of Planning Village of Greenport Town of ~iverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: ,~r.}ll~l ¢ lCi~'~V'~'~ Tide: Please print name RECEIVED DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK JIJI,i ? x, 2008 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 6, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local La,vs entitled on July 1, 2008: A"A Local Law to Amend the Zoning Map of the Town of Southold by changing the Zoning District ,~,Oesignation of plo SCTM # 1000-89-3-1.1 from Hamlet Business (HB) and Agricultural Conservation (AC) to R-80" to be held at 4:35 p.m. And "A Local Law in relation to Regulations Governing Farm Stands" to be held at 4:40 p.m. Please sign the duplicate of this letter and return to me at your earliest convenience in ~l~l~dressed envelope. Thank you. ~cttachments : Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold To~vn Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk 2008 Tow~ {fer~ Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Si~ature, Receiv~y P~-~U[~ ~ri~t nam~ Date: b/~/~ ~ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 6, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws entitled on July 1, 2008: "A Local Law to Amend the Zoning Map of the Town of Southold by changing the Zoning District ~)esienation of p/o SCTM # 1000-89-3-1.1 from Hamlet Business (HB) and Agricultural Conservation (AC) to R-80" to be held at 4:35 p.m. And "A Local Law in relation to Regulations Governing Farm Stands" to be held at 4:40 p.m. Please sign the duplicate of this letter and return to me at your earliest convenience in the sellRfo~,~d envelope. Thank you. .ttachments Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Signature, Receive,ed By Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS M~NAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765~6~45 ..... s6u~holdtown.n~!~STk.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD 'f~ ~ . June 6, 2008 ~ , PLEASE TAKE NOTICE that thc Town Board of the Town of Southold will hold PUBL~C HF~Agi~GS on thc proposed Local Laws entitled on July 1, 2008: "A Local Law to Amend the Zoning Map of the Town of Southold by changing the Zoning District of SCTM # 1000-89-3-1,1 from Hamlet Business (HB) and Agricultural Conse~ation (AC) to R-80" to bc held at 4:3~ p.m. And "A Local Law in relation to Regulations Governing Farm Stands" to be held at 4:40 p.m. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~cttachments : Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals RECEIVED Signature, Received By/"~/ Please print name Date: Title: JUN 1 0 2008 DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 6, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws entitled on July 1, 2008: ~m,"A Local Law to Amend the Zoning Map of the Town of Southold by _r I ..... of p/o SCTM # 1000-89-3-1.1 from Hamlet Business (HB) and Agricultural Conservatio. (AC) to R-80" to be held at 4:35 p.m. And "A Local Law in relation to Regulations Governing Farm Stands" to be held at 4:40 p.m. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~ccttachments : 8~affolk Cn,-ty r~ep-nmo-,t_ 9fPlnnqjA~g Szuth~!d T~wn p~..i.g ~ Southold Town Assessors ' '= Sig a~:iv~(~.n Please print name Elizabeth A. Neville Town Clerk Lo,,~ l~l~nd State Park -T-own-of-S6-dthampt ~ n · g,r, uthol~ Town E oard afAppcak DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 6, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws entitled on July 1, 2008: ~"A Local Law to Amend the Zoning Map of the Town of Southold by chan~ing the ~[~gtt,D,i~trict ~Designation of p/o SCTM # 1000-89-3-1.1 from Hamlet Business (HB) and Agricultural ~"~nservat~on (AC) to R-80" to be held at 4:35 p.m. And dUN 1 0 ~008 "A Local Law in relation to Regulations Governing Farm Stands" to be held at 4:40 p.~i~u?old Iowa Clerk Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. [ttachments Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals 'g ature, Red~lve~ Please print name Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net RECEIVED 7 2008 June 6, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws entitled on July l, 2008: "A Local Law to Amend the Zonin__~_._~_Ma of the Town of Southol~e Zoning.District ~tion of ~/o SCTM # 1000-89-3-1.1 from Hamlet Business ~ricultural Conservation lAC) to R-80" to be held at 4:35 p.m. And 'i[o b~ held at 4:40 p.m. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~cttachments : Suftblk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold .T~w.~uilding Department Signature, Received By p 1 ff,~n~m~, e_~:y~,~_~:ZZ::~,~/~/~; Elizabeth A. Neville Town Clerk Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown,northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 6, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws entitled on July 1, 2008: A"A Local Law to Amend the Zoning Map of the Town of Southold by changing the Zoning District ~Oesignation of p/o SCTM # 1000-89-3-1.1 from Hamlet Business (HB) and Agricultural Conservation (AC) to R-80" to be held at 4:35 p.m. And "A Local Law in relation to Regulations Governing Farm Stands" to be held at 4:40 p.m. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. RECI~IV~D ~cttachments : Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Signature, Re~ivedBy ~ Please print najne Elizabeth A. Neville Town Clerk Soolf~old T~wn Cleri~ Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: - 2008 ritl¢~ '~"/::i[~" DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 6, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws entitled on July 1, 2008: ~."A Local Law to Amend the Zoning Map of the Town of Southold by changing the Zoning District w.)esignation of p/o SCTM # 1000-89-3-1.1 from Hamlet Business (HB) and Agricultural Conservation (AC) to R-80" to be held at 4:35 p.m. And "A Local Law in relation to Regulations Governing Farm Stands" to be held at 4:40 p.m. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. {~cttachments : Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk RECEI¥~D UUN 1 0 2008 Long Island State Park Commi~oi.~vld l'~wn Clerl~ Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, R~ceived By l Please print name 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 Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 6, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws entitled on July 1, 2008: "A Local Law to Amend the Zoning Map of the Town of Southold by changing the Zoning District nation of SCTM # 1000-8%3-1.1 from Hamlet Business (HB) and Agricultural Conservation {AC) to R-80" to be held at 4:35 p.m. And "A Local Law in relation to Regulations Governing Farm Stands" to be held at 4:40 p.m. Please sign the duplicate of this letter and return to me at your earliest convenience in the self_-a_cl_dr, essed envelope, Thank you. {~cttachments : Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville ,J{]l~ 1 0 2008 Town Clerk Long Island State Park Corn~JJr~ Town Cler/~ Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature/Received By Please print name 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 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 June 6, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws entitled on July 1, 2008: ~"A Local Law to Amend the Zoning Map of the Town of Southold by changing the Zoning District ~esignation of p/o SCTM # 1000-89-3-1.1 from Hamlet Business (HB) and Agricultural Conservation (AC) to R-80" to be held at 4:35 p.m. And "A Local Law in relation to Regulations Governing Farm Stands" to be held at 4:40 p.m. envelope.Please signThankthe duplicateyou, of this letter and return to me at your earliest convenience il~ith,¢., ·s¢lf-~dressed, ecttachments : Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Signature, Received By Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: Title: BOARD OF APPEALS DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 3rd day of June, 2008 a Local Law entitled "A Local Law in relation to Regulations Governing Farm Stands" 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 1st day of July, 2008 at 4:40 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 Regulations Governing Farm Stands" reads as follows: LOCAL LAW NO. OF 2008 A Local Law entitled, "A Local Law in relation to Regulations Governing Farm Stands". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 135 of the code of the Town of Southold is hereby repealed in its entirety. II. A new Chapter 72 of the Code of the Town of Southold is hereby adopted as follows: §72-1. Title. This law shall be known as the "Agricultural Uses Law". §72-2. Purpose. Regulation of agricultural uses in the Town of Southold is necessary to facilitate and encourage bona fide agricultural operations while providing for the health, safety and welfare of the Town's residents and its visitors. Farm stands are an important part of the Town's agricultural base and character, and are increasingly vital to the viability of the agricultural industry in the Town. The first Chapter of this proposed Local Law governing agricultural uses will pertain to farm stands, and require, among other things, that they be part of active farming operations within the Town. §72-3. Statutory authorization. This local law is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to govern agricultural uses within the entire Town. The variance provision of this local law shall supersede any inconsistent portions of the Town Law Section 267-a and govern the subiect of variances in this local law. §72-4. Definitions. As used in this Chapter, the following terms shall have their meanings indicated: AGRICULTURAL PRODUCTION - The production for sale of crops, livestock or livestock products, which shall include but not be limited to: (a) field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dr,/beans; (b) fruits, including apples, peaches, grapes, cherries, tomatoes and berries; (c) vegetables, including snap beans~ cabbage, carrots, beets and onions; (d) horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers; (e) livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur bearing animals, milk eggs and furs; (f) marie sam (~) Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump; (h) aquaculture products, including fish, fish products, water plants and shellfish; (i) woody biomass, which means short rotation woody crops raised for bioenergy, and shall include farm woodland. AGRICULTURAL USES - Activities devoted primarily to production, processing, marketing and sale of agricultural and acquacultural commodities, including any and all agricultural, horticultural, vineyard products, corn for grain, oats, soybeans, barley, wheat, poultry or poultry products, bees, maple syrup, christmas trees, livestock, including swine, and honey, sold in the state either in their natural state or as processed by the producer thereof but does not included milk, timber or timber products, other than christmas trees, all hay, rye and legumes. ENCLOSED RETAIL SALES AREA - That portion of a farm stand's retail sales area which is protected from the elements on all sides by permanent exterior walls. FARM STAND - Any primary structure or portion of a structure greater than 80 square feet in area used for the purpose of retail sale of locally produced agricultural product grown by the owner or lessor of the structure, as well as the accessory sale of processed agricultural products, agriculture-related products and incidental accessory items. For the purposes of this Chapter, a farm stand shall be limited to structures operated by an applicant on a parcel with either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value often thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. PROCESSED AGRICULTURAL PRODUCTS - Agricultural product which has been converted from its original state into a distinct product by techniques such as cooking, distillation, fermentation, crushing and straining. Examples of processed agricultural product include, without limitation, jams, jellies, cheeses, potato chips, wine and other alcoholic beverages. Simple washing, cleaning, arrangement or packaging of agricultural product shall not cause the product to be considered "processed" under this definition. RETAIL SALES AREA - Portions of a farm stand operation, usually covered, which are dedicated to the direct marketing and sale of farm stand products, including public rest rooms, but excluding storage areas, temporary display areas and other areas not accessible to the general public. ARTICLE I - FARM STANDS §72-5. Farm Stand Permit Required. No person shall erect, place or operate a farm stand without the Building Department's issuance ora farm stand permit for the farm stand operation. A farm stand permit shall be subject to revocation if the farm stand fails to operate in compliance with the requirements set forth herein. The Building Department shall only issue a farm stand permit to a party engaged in bona fide agricultural production within the Town of Southold. For the purposes of this Article, "bona fide agricultural production" shall be limited to the operation, within the Town of Southold, of either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. A farm stand existing as of the date of adoption of this Article which does not meet the requirements of this Article shall be deemed to be a nonconforming building under the Zoning regulations of this Code, Chapter 280. Notwithstanding the contrary provisions of this Article, a farm stand legally existing in the Town as of January 1,2008 shall be permitted to expand or enlarge the enclosed retail sales area of the farm stand operation by up to fifty percent. cumulatively, of the enclosed retail sales area legally existing as of January 1, 2008, subject to compliance with the parking requirements of this Article. §72-6. Farm Stand Permits Issued Without the Requirement of Site Plan Approval. A farm stand permit shall be issued to applicants meeting the following requirements, and such farm stands shall not require site plan approval from tbe Planning Board, notwithstanding the provisions of Chapter 280, Article XXIV: (1) The farm stand is located on lands used in bona fide agricultural production by the owner or lessee of the property. (2) The enclosed retail sales area of the farm stand does not exceed 2,000 square feet, and the total retail sales area of the farm stand does not exceed 3000 square feet. The permanent farm stand structure is set back at least fifty feet from the road. (4) The farm stand parcel provides at least four off-street parking spaces, and also provides adequate space that may be used for unimproved on-site parking equivalent to one parking space for each 200 square feet of retail sales area. Farm stands that do not meet all of the criteria set forth in §72-6A, but meet at least the following, shall be subject to the requirements of the Modified Agricultural Site Plan approval process as set forth at §72-10, notwithstanding the provisions of Chapter 280, Article XXIV, if such farm stands meet at least the following: (1) The farm stand is located on lands used in bona fide agricultural production by the owner or lessee of the property. (2) The enclosed retail sales area of the farm stand does not exceed 3000 square feet, and the total retail sales area of the farm stand does not exceed 4,000 square feet. (3) The permanent farm stand structure is set back at least fifty feet from the road. (4) The farm stand parcel provides at least four off-street parking spaces, and also provides adequate space that may be used for unimproved on-site parking equivalent to one parking space for each 200 square feet of retail sales area. Retail sales operations that do not meet the definition of a farm stand pursuant to this Chapter, as well as farm stands that do not meet either the requirements of §§ 72-6A or B, shall be subiect to the full site plan requirements of Chapter 280, Article XXIV, as well as all other zoning and use restrictions of Chapter 280 or the Town Code. §72-7. Farm Stand Offerings. All farm stands shall conform to the following product offering restrictions: At least sixty percent of the gross dollar value of all items offered for sale at farm stands shall consist of agricultural products grown by the farm stand operator within the Town of Southold. No more than forty percent of the gross dollar value of all items offered for sale at a farm stand may consist of items manufactured or processed by the farm stand operator, or other items complementary to the farm stand operation, including items grown, manufactured, processed or packaged elsewhere, and food, clothing or souvenir items accessory to the farm stand operation. §72-8. Maximum Size of Farm Stand. In all cases, farm stands shall not exceed 4,000 square feet in enclosed retail sales area, excluding storage areas, temporary display areas and areas inaccessible to the general public. §72-9. [Reservedl §72-10. [Reservedl §72-11. Variance Procedures. Any farm stand that is found not to meet the requirements of this Article may appeal such decision or seek a variance therefrom with the Zoning Board of Appeals. In addressing the merits of any variance application, the Zoning Board of Appeals shall consider the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the community by such grant, in further consideration of (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance; (2) whether the benefit sought by the applicant can be achieved by some method~ feasible for the applicant to pursue, other than a variance; (3) whether the requested variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the variance. §72-12. Penalties for Offenses. Any violation of this Article shall be grounds for the revocation of an existing farm stand permit. Furthermore, any violator of this Article shall, upon conviction, be guilty of a violation punishable by a fine not exceeding $500 or imprisonment not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense as permitted by law. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $1,500 or imprisonment not to exceed 15 days, or both. 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. State APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of as provided by law. Dated: June 3, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON June 12, 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 TC's Bulletin Board Building Dept Planning Town Attorney ZBA 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 (~-01 day of ~ts~,~. ,2008, she affixed a i notice of which the annexed printed notice is a t~e 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. LL Farmstands - 7/1/08 4:40 pm zabeth 'A. Neville Southold Town Clerk Sworn before me this (~.n~ day of ~ .2008. No'~ary Public LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 B06020932 Qualified in Suffolk County Term Expires March 8, 20 ~ #8863 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 12th day of June, 2008. ¢~/'a.,ce,,,.-~ ~al Clerk Sworn to before me this day of ~ ~ 2008 ~IO'fAR¥ ptj~dC-$1Al~. 01: N~N yORK No. 0~'V06105050 Qu~tlfle~ ~n Sullot~ County reads as fol- Ch,i*tm~ tree nectarine w~ dug for tran~a~ ~' cut frown the s~no: ~to the ofiet~tion .within the Town (i) ~Oodv biomass, which meaos short ~?y. and shah include farm wo~lland, AGRICULTURAL USES - Activi- by the oroducer thereof but does not ill- to ex_o~d or eh farce the enclOSed retail ~ales area of the farm stand ooeration bv f r PROCESSED AGRICULTURAL pBODUCI'S - A~ricultaral aroduct nioues such as cookino, distillation, fer- ~ples of ~roeessed atyrlcultaral product alcoholic bevera~ Simole wmsbinm ~nder this definition. of a farm stand operafiom ttsually .cov- marketln~ and sale of farm stand prod- eludfa~ at0ra~e areas, temporary display V,~atlnn if ~le farm stand fails to ooer- !h0 Plannin~ Board. notwithstandinn file provisions of Chanter. 280. Article (1) The farm stand is located on lands used in bona fide zr~icultur al ?_q~duction by the owner or lessee of the prooertv. (2) The enclosed retail sales area of ~{ the farm stand does not exceed 3000 (})Tile oermanent farm stand struc- (4} The farm stand oarcel orovides at ~e used for unimnroved on-site oarkin~ o~uivalent to one ~nrkln~ soace for each (1) The farm stmad is located on lall. ds fart: of the commlin½ty by such ~rant. in ishabl~ by a fi~e not ~o~tino gfllO or ~fion, or pa~ of ~ ~ ~w shaB ~ ~iudg~ by ~y ~ of ~m~nt j~aion to ~ ~v~, thc jud~em sh~ not ~t ~e v~&~ of ~ law ~ ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 4, 2008 Re: Resolution No. 580 Proposed Local Law in relation to "Regulations Governing Farm Stands" in the Town of Southold Jerilyn B. Woodhouse, Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Ms. Woodhouse: The Southold Town Board at their regular meeting held on June 3, 2008 adopted the above resolution. A certified copy of same is enclosed. Please prepare an official report defining the Planning Board's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law has also been sent to the Suffolk County Planning Department for their review. The date and time for the public hearing is 4:40PM, Tuesday, July 1, 2008. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Southold Town Clerk Enclosures (2) cc: Town Board Town Attorney RESOLUTION 2008-580 ADOPTED DOC ID: 3959 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-580 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 3, 2008: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 3rd day of June, 2008 a Local Law entitled "A Local Law in relation to Regulations Governing Farm Stands" 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 1st day of July, 2008 at 4:40 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 Regulations Governing Farm Stands" reads as follows: LOCAL LAW NO. OF 2008 A Local Law entitled, "A Local Law in relation to Regulations Governing Farm Stands". BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 135 of the code of the Town of Southold is hereby repealed in its entirety. A new Chapter 72 of the Code of the Town of Southold is hereby adopted as follows: I. §72-1. Title. This law shall be known as the "Agricultural Uses Law". §72-2. Purpose. Regulation of agricultural uses in the Town of Southold is necessary to facilitate and encourage bona fide agricultural operations while providing for the health, safety and welfare of the Town's residents and its visitors. Farm stands are an important part of the Town's agricultural base and Resolution 2008-580 Board Meeting of June 3, 2008 character, and are increasingly vital to the viability of the agricultural industry in the Town. The, first Chapter of this proposed Local Law governing agricultural uses will pertain to farm stands, and require, among other things, that they be part of active farming operations within the Town. §72-3. Statutory authorization. This local law is enacted pursuant to Section I0 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to govern agricultural uses within the entire Town. The variance provision of this local law shall supersede any inconsistent portions of the Town Law Section 267-a and govern the subject of variances in this local law. §72-4. Definitions. As used in this Chapter, the following terms shall have their meanings indicated.'. AGRICULTURAL PRODUCTION - The production for sale of crops, livestock or livestock products, which shall include but not be limited to: (a) field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans; (b) fruits, including apples, peaches, grapes, cherries, tomatoes and berries; (c) vegetables, including snap beans, cabbage, carrots, beets and onions; (d) horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers; (e) livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur bearing animals, milk eggs and furs; (f) maple sam (e) Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump; (h) aquaculture products, including fish, fish products, water plants and shellfish; (i) woody biomass, which means short rotation woody crops raised for bioenergv, and shall include farm woodland. AGRICULTURAL USES - Activities devoted primarily to production, processing, marketing and sale of agricultural and acquacultural commodities, including any and all agricultural, horticultural, vineyard products, corn for grain, oats, soybeans, barley, wheat, poultry or poultry products, bees, maple syrup, christmas trees, livestock, including swine, and honey, sold in the state either in their natural state or as processed by the producer thereof but does not included milk, timber or timber products, other than christmas trees, all hay, rye and legumes. ENCLOSED RETAIL SALES AREA - That portion of a farm stand's retail sales area which is protected from the elements on all sides by permanent exterior walls. Updated: 6/3/2008 3:19 PM by Lynda Bohn Page 2 Resolution 2008-580 Board Meeting of June 3, 2008 FARM STAND - Any primary structure or portion of a structure greater than 80 square feet in area used for the purpose of retail sale of locally produced agricultural product grown by the owner or lessor of the structure, as well as the accessory sale of processed agricultural products, agriculture-related products and incidental accessory items. For the purposes of this Chapter, a farm stand shall be limited to structures operated by an applicant on a parcel with either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value often thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. PROCESSED AGRICULTURAL PRODUCTS - Agricultural product which has been converted from its original state into a distinct product by techniques such as cooking, distillation, fermentation, crushing and straining. Examples of processed agricultural product include, without limitation, jams, jellies, cheeses, potato chips, wine and other alcoholic beverages. Simple washing, cleaning, arrangement or packaging of agricultural product shall not cause the product to be considered "processed" under this definition. RETAIL SALES AREA - Portions of a farm stand operation, usually covered, which are dedicated to the direct marketing and sale of farm stand products, including public rest rooms, but excluding storage areas, temporary display areas and other areas not accessible to the general public. ARTICLE I - FARM STANDS §72-5. Farm Stand Permit Required. A. No person shall erect, place or operate a farm stand without the Buildlnv Department's issuance of a farm stand permit for the farm stand operation. A farm stand permit shall be subiect to revocation if the farm stand fails to operate in compliance with the requirements set forth herein. B. The Building Department shall only issue a farm stand permit to a party engaged in bona fide agricultural production within the Town of Southold. For the Updated: 6/3/2008 3:19 PM by Lynda Born Page 3 Resolution 2008-580 Board Meeting of June 3, 2008 purposes of this Article, "bona fide agricultural production" shall be limited to the operation, within the Town of Southold, of either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value often thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. A farm stand existing as of the date of adoption of this Article which does not meet the requirements of this Article shall be deemed to be a nonconforming building under the Zoning regulations of this Code, Chapter 280. Notwithstanding the contrary provisions of this Article, a farm stand legally existing in the Town as of January 1, 2008 shall be permitted to expand or enlarge the enclosed retail sales area of the farm stand operation by up to fifty percent, cumulatively, of the enclosed retail sales area legally existing as of January 1, 2008, subject to compliance with the parking requirements of this Article. §72-6. Farm Stand Permits Issued Without the Requirement of Site Plan Approval_ A farm stand permit shall be issued to applicants meeting the following requirements, and such farm stands shall not require site plan approval from the Planning Board, notwithstanding the provisions of Chapter 280, Article XXIV: (1) The farm stand is located on lands used in bona fide agricultural production by the owner or lessee of the property. (2) The enclosed retail sales area of the farm stand does not exceed 2,000 (3) (4) square feet, and the total retail sales area of the farm stand does not exceed 3000 square feet. The permanent farm stand structure is set back at least fifty feet from the road. The farm stand parcel provides at least four off-street parking spaces, and also provides adequate space that may be used for unimproved on-site parking equivalent to one parking space for each 200 square feet of retail sales area. Updated: 6/3/2008 3:19 PM by Lynda Bohn Page 4 Resolution 2008-580 Board Meeting of June 3, 2008 B. Farm stands that do not meet all of the criteria set forth in §72-6A, but meet at least the following, shall be subject to the requirements of the Modified Agricultural Site Plan approval process as set forth at §72-10, notwithstanding the provisions of Chapter 280, Article XXIV, if such farm stands meet at least the following: {1) The farm stand is located on lands used in bona fide agricultural production by the owner or lessee of the property. (2) The enclosed retail sales area of the farm stand does not exceed 3000 square feet, and the total retail sales area of the farm stand does not exceed 4,000 square feet. (3) The permanent farm stand structure is set back at least fifty feet from the road. (4) The farm stand parcel provides at least four off-street parking spaces, and also provides adequate space that may be used for unimproved on-site parking equivalent to one parking space for each 200 square feet of retail sales area. C. Retail sales operations that do not meet the definition of a farm stand pursuant to this Chapter, as well as farm stands that do not meet either the requirements of §§ 72-6A or B, shall be subject to the full site plan requirements of Chapter 280, Article XXIV, as well as all other zoning and use restrictions of Chapter 280 or the Town Code. §72-7. Farm Stand Offerings. All farm stands shall conform to the following product offering restrictions: A. At least sixty percent of the gross dollar value of all items offered for sale at farm stands shall consist of agricultural products grown by the farm stand operator within the Town of Southold. B. No more than forty percent of the gross dollar value of all items offered for sale at a farm stand may consist of items manufactured or processed by the farm stand operator, or other items complementary to the farm stand operation, including items grown, manufactured, processed or packaged elsewhere, and food, clothing or souvenir items accessory_ to the farm stand operation. Updated: 6/3/2008 3:19 PM by Lynda Bohn Page 5 Resolution 2008-580 Board Meeting of June 3, 2008 §72-8. Maximum Size of Farm Stand In all cases, farm stands shall not exceed 4,000 square feet in enclosed retail sales area. excluding storage areas, temporary display areas and areas inaccessible to the general public. §72-9. IReserved] §72-10. IReservedi §72-11. Variance Procedures. Any farm stand that is found not to meet the requirements of this Article may appeal such decision or seek a variance therefrom with the Zoning Board of Appeals. In addressing the merits of any variance application, the Zonin ~ Board of Appeals shall consider the benefit to the applicant if the variance is granted, as weighed aEain~t the detriment to the health, safety and welfare of the community by such grant, in further consideration of (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; (3) whether the requested variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the variance. §72-12. Penalties for Offenses. Any violation of this Article shall be grounds for the revocation of an existing farm stand permit Furthermore, any violator of this Article shalk upon conviction, be guilty of a violation punishable by a fine not exceeding $500 or imprisonment not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense as permitted by law. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty ora violation punishable by a fine not exceeding $1,500 or imprisonment not to exceed 15 days, or both. II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any Updated: 6/3/2008 3:19 PM by Lynda Bohn Page 6 Resolution 2008-580 Board Meeting of June 3, 2008 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. III. APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 01 MOVER: Thomas H. Wickham, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Wick_ham, Evans, Russell ABSTAIN: Albert Kmpski Jr. Updated: 6/3/2008 3:19 PM by Lynda Bohn Page 7 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 4, 2008 Re: Reso. No. 580 regarding proposed Local Laws in relation to "of Regulations Governing Farm Stands in the Town of Southold Andy Freleng Suffolk County Department of Planning PO Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freleng: The Southold Town Board at their regular meeting held on June 3, 2008 adopted the above resolution. A certified copy of same is enclosed. Please prepare an official report defining the Planning Board's recommendations with regard to this proposed local law and forward them to me at your earliest convenience. This proposed local law has also been sent to the Southold Town Planning Department for their review. The date and time for the public hearing is 4:40 PM, Tuesday, July 1, 2008. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures (2) cc: Town Board Town Attorney RESOLUTION 2008-580 ADOPTED DOC ID: 3959 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-580 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 3, 2008: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 3~d day of June, 2008 a Local Law entitled "A Local Law in relation to Regulations Governing Farm Stands" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 1st day of July, 2008 at 4:40 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 Regulations Governing Farm Stands" reads as follows: LOCAL LAW NO. OF 2008 A Local Law entitled, "A Local Law in relation to Regulations Governing Farm Stands". BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 135 of the code of the Town of Southold is hereby repealed in its entirety. A new Chapter 72 of the Code of the Town of Southold is hereby adopted as follows: I. §72-1. Title. This law shall be known as the "Agricultural Uses Law". __472-2. Puro~ Regulation of agricultural uses in the Town of Southold is necessary to facilitate and encourage bona fide agricultural operations while providing for the health, safety and welfare of the Town's residents and its visitors. Farm stands are an important part of the Town's agricultural base and Resolution 2008-580 Board Meeting of June 3, 2008 character, and are increasingly vital to the viability of the agricultural industry in the Town. Th,~ first Chapter of this proposed Local Law governing agricultural uses will pertain to farm stands, and require, among other things, that they be part of active farming operations within the Town. 872-3. Statutory authorization. This local law is enacted pursuant to Section I0 of thc Municipal Home Rule Law to promote the public health, safety and general welfare of Tow~: citizens through land use regulations intended to guvem agricultural uses within the entire Town. The variance provision of this local law shall supersede any inconsistent portions of the Town Law Section 267-a and govern the subject of variances in this local law. §72-4. Del'tuitions. As used in this Chapter, the following terms shall have their meanings indicated: AGRICULTURAL PRODUCTION - The production for sale of crops, livestock or livestock products, which shall include but not be limited to: (a) field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans; (b) fruits, including apples, peaches, grapes, cherries, tomatoes and berries; (c) vegetables, including snap beans, cabbage, carrots, beets and onions; (d) horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers; (e) livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur beating animals, milk eggs and furs; (f} maple sap; (g) Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump; (h) aquaculture products, including fish, fish products, water plants and shellfish; (i) woody biomass, which means short rotation woody crops raised for bioenergy, and shall include farm woodland AGRICULTURAL USES - Activities devoted primarily to production, processing, marketing and sale of agricultural and acquacultural commodities, including any and all agricultural, horticultural, vineyard products, eom for grain, oats, soybeans, barley, wheat, poultry or poultry products, bees, maple syrup, christmas trees, livestock, including swine, and honey, sold in the state either in their natural state or as processed by the producer thereof but does not included milk, timber or timber products, other than christmas trees, all hay, rye and legumes. ENCLOSED RETAIL SALES AREA - That portion of a farm stand's retail sales area which is protected from the elements on all sides by permanent exterior walls. Updated: 6/3/2008 3:19 PM by Lynda Bohn Page 2 Resolution 2008-580 Board Meeting of June 3, 2008 FARM STAND - Any primary structure or portion of a structure greater than 80 square feet in area used for the purpose of retail sale of locally produced agricultural product grown by the owner or lessor of the structure, as well as the accessory sale of processed agricultural products, agriculture-related products and incidental accessory items. For the purposes of this Chapter, a farm stand shall be limited to structures operated by an applicant on a parcel with either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value often thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. PROCESSED AGRICULTURAL PRODUCTS - Agricultural product which has been converted from its original state into a distinct product by techniques such as cooking, distillation. fermentation, crashing and straining. Examples of processed agricultural product include, without limitation, jams, jellies, cheeses, potato chips, wine and other alcoholic beverages. Simple washing, cleaning, arrangement or packaging of agricultural product shall not cause the product to be considered "processed" under this definition. RETAIL SALES AREA - Portions of a farm stand operation, usually covered, which are dedicated to the direct marketing and sale of farm stand products, including public rest rooms, but excluding storage areas, temporary display areas and other areas not accessible to the general public. ARTICLE I - FARM STANDS §72-5. Farm Stand Permit Required. A. No person shall erect, place or operate a farm stand without the Buildim, Department's issuance ora farm stand permit for the farm stand operation. A farm stand permit shall be subiect to revocation if the farm stand fails to operate in compliance with the requirements set forth herein. B. The Building Department shall only issue a farm stand permit to a party engaged in bona fide agricultural production within the Town of Southold. For the Updated: 6/3/2008 3:19 PM by Lynda Bohn Page 3 Resolution 2008-580 Board Meeting of June 3, 2008 purposes of this Article, "bona fide agricultural production" shall be limited to the ol~eration, within the Town of Southold, of either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. A farm stand existing as of the date of adoption of this Article which does not meet the requirements of this Article shall be deemed to be a nonconforming building under the Zoning regulations of this Code, Chapter 280. Notwithstanding the contrary provisions of this Article, a farm stand legally existing in the Town as of January 1, 2008 shall be permitted to expand or enlarge the enclosed retail sales area of the farm stand operation by up to fifty percent, cumulatively, of the enclosed retail sales area legally existing as of Januar~ 1, 2008, subject to compliance with the parking requirements of this Article. Farm Stand Permits Issued Without the Requirement of Site Plan Approval, A farm stand permit shall be issued to applicants meeting the followin~ requirements, and such fann stands shall not require site plan approval fi.om the Planning Board, notwithstanding the provisions of Chapter 280, Article XXIV: (1) The farm stand is located on lands used in bona fide agricultural production by the owner or lessee of the property. (2) The enclosed retail sales area of the farm stand does not exceed 2,000 square feet, and the total retail sales area of the farm stand does not exceed (3) §72-6. A. (4) 3000 square feet. The permanent farm stand structure is set back at least fifty feet fi'om the road. The farm stand parcel provides at least four off-street parking spaces, and also provides adequate space that may be used for unimproved on-site parking equivalent to one parking space for each 200 square feet of retail sales area. Updated: 6/3/2008 3:19 PM by Lynda Bohn Page 4 Resolution 2008-580 Board Meeting of June 3, 2008 B. Farm stands that do not meet all of the criteria set forth in §72-6A, but meet at least the following, shall be subject to the requirements of the Modified Agricultural Site Plan approval process as set forth at §72-10, notwithstanding the provisions of Chapter 280, Paticle XXIV, if such farm stands meet at least the following: (1) The farm stand is located on lands used in bona fide agricultural production by the owner or lessee of the property. (2) The enclosed retail sales area of the farm stand does not exceed 3000 square feet, and the total retail sales area of the farm stand does not exceed 4,000 square feet. The permanent farm stand structure is set back at least fifty feet from the road. (4) The farm stand parcel provides at least four off-street parking spaces, and also provides adequate space that may be used for unimproved on-site parking equivalent to one parking space for each 200 square feet of retail sales area. Retail sales operations that do not meet the definition of a farm stand pursuant to this Chapter, as well as farm stands that do not meet either the requirements of §§ 72-6A or B, shall be subject to the full site plan requirements of Chapter 280, Article XXIV, as well as all other zoning and use restrictions of Chapter 280 or the Town Code. §72-7. Farm Stand Offerings. All farm stands shall conform to the following product offering restrictions: A. At least sixty percent of the gross dollar value of all items offered for sale at farm stands shall consist of agricultural products grown by the farm stand operator within the Town of Southold. B. No more than forty percent of the gross dollar value of all items offered for sale at a farm stand may consist of items manufactured or processed by the farm stand operator, or other items complementary to the farm stand operation, includim, items grown, manufactured, processed or packaged elsewhere, and food, clothim, or souvenir items accessory_ to the farm stand operation. Updated: 6/3/2008 3:19 PM by Lynda Bohn Page 5 Resolution 2008-580 Board Meeting of June 3, 2008 §72-8. Maximum Size of Farm Stand_ In all cases, farm stands shall not exceed 4,000 square feet in enclosed retail sales are& excluding storage areas, temporary display areas and areas inaccessible to the general public. §72-9. IReservedl §72-10. [Reserved] §72-11. Variance Procedures. Any farm stand that is found not to meet the requirements of this Article may appeal such decision or seek a variance therefrom with the Zoning Board of Appeals. In addressing the merits of any variance application, the Zoning Board of Appeals shall consider the benefit to the applicant if the variance is granted, as weighed against thc detriment to the health, safety and welfare of the community by such grant, in further consideration of (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; (3) whether the requested variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the variance. §72-12. Penalties for Offenses. Any violation of this Paticle shall be grounds for the revocation of an existing farm stand permit Furthermore, any violator of this Article shall, upon conviction, be guilty of a violation punishable by a fine not exceeding $500 or imprisonment not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense as permitted by law. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $1,500 or imprisonment not to exceed 15 days, or both. II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any Updated: 6/3/2008 3:19 PM by Lynda Bohn Page 6 Resolution 2008-580 Board Meeting of June 3, 2008 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. IIL APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 0! MOVER: Thomas H. Wickham, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Wickham, Evans, Russell ABSTAIN: Albert Kmpski Jr. Updated: 6/3/2008 3:19 PM by Lynda Bohn Page 7 Southold Town Board - Letter Board Meeting of June 17, 2008 RESOLUTION 2008-589 ADOPTED Item # DOC ID: 3966 THIS IS TO CERTIFY TIlAT THE FOLLOWING RESOLUTION NO. 2008-589 WAS ADOPTED AT TIlE REGULAR MEETING OF TIlE SOUTHOLD TOWN BOARD ON JUNE 17, 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 Regulations Governing Farm Stands"~ to the Suffolk County Planning Commission and the Southold Town Planning Board for their review and comments. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 0] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Wickham, Evans, Russell ABSTAIN: Albert Krupski Jr. Generated June t 9, 2008 Page 16 · Southold Town Board - Letter Board Meeting of June 3, 2008 RESOLUTION 2008-580 ADOPTED Item # DOC ID: 3959 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-580 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 3, 2008: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 3ra day of June, 2008 a Local Law entitled "A Local Law in relation to Regulations Governing Farm Stands" 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 Is~ day of July, 2008 at 4:40 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 Regulations Governing Farm Stands" reads as follows: LOCAL LAW NO. OF 2008 A Local Law entitled, "A Local Law in relation to Regulations Governing Farm Stands". BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 135 of the code of the Town of Southold is hereby repealed in its entirety. A new Chapter 72 of the Code of the Town of Southold is hereby adopted as follows: 1. §72-1. Title. This law shall be known as the "Agricultural Uses Law". §72-2. Purpose. Regulation of agricultural uses in the Town of Southold is necessary to facilitate and encourage Generated June 4, 2008 Page 47 Southold Town Board - Letter Board Meeting of June 3, 2008 bona fide agricultural operations while providing for the health, safety and welfare of the Town's residents and its visitors. Farm stands are an important part of the Town's agricultural base and character, and are increasingly vital to the viability of the agricultural industry in the Town. The first Chapter of this proposed Local Law governing agricultural uses will pertain to farm stands, and require, among other things, that they be part of active farming operations within the To~vn. §72-3. Statutory authorization. This local law is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to govern agricultural uses within the entire Town. The variance provision of this local law shall supersede any inconsistent portions of the Town Law Section 267-a and govern the subiect of variances in this local law. §72-4. Definitions. As used in this Chapter, the following terms shall have their meanings indicated: AGRICULTURAL PRODUCTION - The production for sale of crops, livestock or livestock products, which shall include but not be limited to: (a) field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans; (b) fruits, including apples, peaches, grapes, cherries, tomatoes and berries; (c) vegetables, including snap beans, cabbage, carrots, beets and onions; (d) horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers; (e) livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur bearing animals, milk eggs and furs; (f) maple sap; (g) Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump; (h) aquaculture products, including fish, fish products, water plants and shellfish; (i) woody biomass, which means short rotation woody crops raised for bioenergy, and shall include farm woodland. AGRICULTURAL USES - Activities devoted primarily to production, processing, marketing and sale of agricultural and acquacultural commodities, including any and all agricultural, horticultural, vineyard products, corn for grain, oats, soybeans, barley, wheat, poultry or poultry products, bees, maple syrup, christmas trees, livestock, including swine, and honey, sold in the state either in their natural state or as processed by the producer thereof but does not included Generated June 4, 2008 Page 48 Southold Town Board - Letter Board Meeting of June 3, 2008 milk, timber or timber products, other than christmas trees, all hay, rye and legumes. ENCLOSED RETAIL SALES AREA - That portion of a farm stand's retail sales area which is protected from the elements on all sides by permanent exterior walls. FARM STAND - Any primary structure or portion of a structure greater than 80 square feet in area used for the purpose of retail sale of locally produced agricultural product grown by the owner or lessor of the structure, as well as the accessory sale of processed agricultural products, agriculture-related products and incidental accessory items. For the purposes of this Chapter, a farm stand shall be limited to structures operated by an applicant on a parcel with either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. PROCESSED AGRICULTURAL PRODUCTS - Agricultural product which has been converted from its original state into a distinct product by techniques such as cooking, distillation, fermentation, crushing and straining. Examples of processed agricultural product include, without limitation, jams, jellies, cheeses, potato chips, wine and other alcoholic beverages. Simple washing, cleaning, arrangement or packaging of agricultural product shall not cause the product to be considered "processed" under this definition. RETAIL SALES AREA - Portions of a farm stand operation, usually covered, which are dedicated to the direct marketing and sale of farm stand products, includin~ public rest rooms, but excluding storage areas, temporary display areas and other areas not accessible to the general public. ARTICLE I - FARM STANDS §72-5. Farm Stand Permit Required. Generated June 4, 2008 Page 49 Southold To~vn Board - Letter Board Meeting of June 3, 2008 No person shall erect, place or operate a farm stand without the Building Department's issuance of a farm stand permit for the farm stand operation. A farm stand permit shall be subject to revocation if the farm stand fails to operate in compliance with the requirements set forth herein. The Building Department shall only issue a farm stand permit to a party engaged in bona fide agricultural production within the Town of Southold. For the purposes of this Article, "bona fide agricultural production" shall be limited to the operation, within the Town of Southold, of either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. A farm stand existing as of the date of adoption of this Article which does not meet the requirements of this Article shall be deemed to be a nonconforming building under the Zoning regulations of this Code, Chapter 280. Notwithstanding the contrary provisions of this Article, a farm stand legally existing in the Town as of January 1, 2008 shall be permitted to expand or enlarge the enclosed retail sales area of the farm stand operation by up to fifty percent, cumulatively, of the enclosed retail sales area legally existing as of January 1, 2008, subject to compliance with the parking requirements of this Article. §72-6. Farm Stand Permits Issued Without the Requirement of Site Plan Approval. A farm stand permit shall be issued to applicants meeting the following requirements, and such farm stands shall not require site plan approval from the Planning Board, notwithstanding the provisions of Chapter 280, Article XXIV: (1) The farm stand is located on lands used in bona fide agricultural production by the owner or lessee of the property. (2) The enclosed retail sales area of the farm stand does not exceed 2,000 Generated June 4, 2008 Page 50 Southold Town Board - Letter Board Meeting of June 3, 2008 square feet, and the total retail sales area of the farm stand does not exceed (3) 3000 square feet. The permanent farm stand structure is set back at least fifty feet from the road. (4) The farm stand parcel provides at least four off-street parking spaces, and also provides adequate space that may be used for unimproved on-site parking equivalent to one parking space for each 200 square feet of retail sales area. Farm stands that do not meet all of the criteria set forth in §72-6A, but meet at least the following, shall be subject to the requirements of the Modified Agricultural Site Plan approval process as set forth at §72-10, notwithstanding the provisions of Chapter 280, Article XXIV, if such farm stands meet at least the following: (1) The farm stand is located on lands used in bona fide agricultural production by the owner or lessee of the property. (2) The enclosed retail sales area of the farm stand does not exceed 3000 square feet, and the total retail sales area of the farm stand does not exceed 4,000 square feet· (3) The permanent farm stand structure is set back at least fifty feet from the road. (4) The farm stand parcel provides at least four off-street parking spaces, and also provides adequate space that may be used for unimproved on-site parking equivalent to one parking space for each 200 square feet of retail sales area. Retail sales operations that do not meet the definition of a farm stand pursuant to this Chapter, as well as farm stands that do not meet either the requirements of §§ 72-6A or B, shall be subject to the full site plan requirements of Chapter 280, Article XXIV, as well as all other zoning and use restrictions of Chapter 280 or the Town Code. Generated June 4, 2008 Page 51 Southold Town Board - Letter Board Meeting of June 3, 2008 §72-7. Farm Stand Offerings. All farm stands shall conform to the following product offering restrictions: A. At least sixty percent of the gross dollar value of all items offered for sale at farm stands shall consist of agricultural products grown by the farm stand operator within the Town of Southold. B. No more than forty percent of the gross dollar value of all items offered for sale at a farm stand may consist of items manufactured or processed by the farm stand operator, or other items complementary to the farm stand operation, including items grown, manufactured, processed or packaged elsewhere, and food, clothing or souvenir items accessory to the farm stand operation. §72-8. Maximum Size of Farm Stand. In all cases, farm stands shall not exceed 4,000 square feet in enclosed retail sales area. excluding storage areas, temporary display areas and areas inaccessible to the general public. .~72-9. [Reservedl §72-10. [Reserved] §72-11. Variance Procedures. Any farm stand that is found not to meet the requirements of this Article may appeal such decision or seek a variance therefrom with the Zoning Board of Appeals. In addressing the merits of any variance application, the Zoning Board of Appeals shall consider the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the community by such grant, in further consideration of(l) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; (3) whether the requested variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of Generated June 4, 2008 Page 52 Southold Town Board - Letter Board Meeting of June 3, 2008 the variance. §72-12. Penalties for Offenses. Any violation of this Article shall be grounds for the revocation of an existing farm stand permit. Furthermore, any violator of this Article shall, upon conviction, be guilty of a violation punishable by a fine not exceeding $500 or imprisonment not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense as permitted by law. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $1,500 or imprisonment not to exceed 15 days, or both. 1I. 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. IlL APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 0] MOVER: Thomas H. Wickham, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Wickham, Evans, Russell ABSTAIN: Albert Krupski Jr. Generated June 4, 2008 Page 53 Neville, Elizabeth From: Sent: To: Subject: Neville, Elizabeth Wednesday, June 04, 2008 10:49 AM Finnegan, Patricia RE: Farmstand Code Hi Pat, Yes, of course1 will do. Betty Elizabeth A. Neville Southold Town Clerk PO Box 1179 Southold, NY 11971 Tel 631 765-1800 Fax 631 765-6145 From: Finnegan, Patricia Sent: Wednesday, .June 04, 2008 10:30 AM To: Bohn, Lynda; Neville, Elizabeth Subject: Farmstand Cede This should go to PB and SCP for comment.....can you send it now so they have time, and put the reso on for the next meeting? Thanks, Pat Patricia A. Finnegan Town Attorney Town of Southold Town Hall Annex .~54375 Main Road P O Box 1179 Southold, N.Y. 11971 Tracking: Recipient Finnegan, Patdcia Delivery Delivered: 6/4/2008 10:49 AM Southold Town Board - Letter Board Meeting of June 3, 2008 RESOLUTION 2008-580 ADOPTED Item # DOC ID: 3959 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-580 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 3, 2008: WHEREAS, there has been presented to the Town Board of the To~vn of Southold, Suffolk County, New York, on the 3rd day of June, 2008 a Local Law entitled "A Local Law in relation to Regulations Governing Farm Stands" 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 1st day of July, 2008 at 4:40 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 Regulations Governing Farm Stands" reads as follows: LOCAL LAW NO. OF 2008 A Local Law entitled, "A Local Law in relation to Regulations Governing Farm Stands". BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 135 of the code of the Town of Southold is hereby repealed in its entirety. A new Chapter 72 of the Code of the Town of Southold is hereby adopted as follows: 1. §72-1. Title. This law shall be known as the "Agricultural Uses Law". §72-2. Purpose. Regulation of agricultural uses in the Town of Southold is necessary to facilitate and encourage Generated June 4, 2008 Page 47 Southold Town Board - Letter Board Meeting of June 3, 2008 bona fide agricultural operations while providing for the health, safety and welfare of the Town's residents and its visitors. Farm stands are an important part of the Town's agricultural base and character, and are increasingly vital to the viability of the agricultural industry in the Town. The first Chapter of this proposed Local Law governing agricultural uses will pertain to farm stands, and require, among other things, that they be part of active farming operations within the Town. §72-3. Statutory authorization. This local law is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to govern agricultural uses within the entire Town. The variance provision of this local law shall supersede any inconsistent portions of the Town Law Section 267-a and govern the subject of variances in this local law. §72-4. Definitions. As used in this Chapter, the following terms shall have their meanings indicated: AGRICULTURAL PRODUCTION - The production for sale of crops, livestock or livestock products, which shall include but not be limited to: (a) field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans; (b) fruits, including apples, peaches, grapes, cherries, tomatoes and berries; (c) vegetables, including snap beans, cabbage, carrots, beets and onions; (d) horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers; (e) livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur bearing animals, milk eggs and furs; (t) maple sap; (g) Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump; (h) aquaculture products, including fish, fish products, water plants and shellfish; (i) woody biomass, which means short rotation woody crops raised for bioenergy, and shall include farm woodland. AGRICULTURAL USES - Activities devoted primarily to production, processing, marketing and sale of agricultural and acquacultural commodities, including any and all agricultural, horticultural, vineyard products, corn for grain, oats, soybeans, barley, wheat, poultry or poultry products, bees, maple syrup, christmas trees, livestock, including swine, and honey, sold in the state either in their natural state or as processed by the producer thereof but does not included Generated June 4, 2008 Page 48 ~ Southold Town Board - Letter Board Meeting of June 3, 2008 milk, timber or timber products, other than christmas trees, all hay, rye and legumes. ENCLOSED RETAIL SALES AREA - That portion of a farm stand's retail sales area which is protected from the elements on all sides by permanent exterior walls. FARM STAND - Any primary structure or portion of a structure greater than 80 square feet in area used for the purpose of retail sale of locally produced agricultural product grown by the owner or lessor of the structure, as well as the accessory sale of processed agricultural products, agriculture-related products and incidental accessory items. For the purposes of this Chapter, a farm stand shall be limited to structures operated by an applicant on a parcel with either: not less than seven acres of land used as a single operatign in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. PROCESSED AGRICULTURAL PRODUCTS - Agricultural product which has been converted from its original state into a distinct product by techniques such as cooking, distillation, fermentation, crushing and straining. Examples of processed agricultural product include, without limitation, jams, jellies, cheeses, potato chips, wine and other alcoholic beverages. Simple washing, cleaning, arrangement or packaging of agricultural product shall not cause the product to be considered "processed" under this definition. RETAIL SALES AREA - Portions of a farm stand operation, usually covered, which are dedicated to the direct marketing and sale of farm stand products, including public rest rooms, but excluding storage areas, temporary display areas and other areas not accessible to the general public. ARTICLE I - FARM STANDS §72-5. Farm Stand Permit Required. Generated June 4, 2008 Page 49 Southold Town Board - Letter Board Meeting of June 3, 2008 No person shall erect, place or operate a farm stand without the Building Department's issuance ora farm stand permit for the farm stand operation. A farm stand permit shall be subject to revocation if the farm stand fails to operate in compliance with the requirements set forth herein. The Building Department shall only issue a farm stand permit to a party engaged in bona fide agricultural production within the Town of Southold. For the purposes of this Article, "bona fide agricultural production" shall be limited to the operation, within the Town of Southold, of either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. A farm stand existing as of the date of adoption of this Article which does not meet the requirements of this Article shall be deemed to be a nonconforming building under the Zoning regulations of this Code, Chapter 280. Notwithstanding the contrary provisions of this Article, a farm stand legally existing in the Town as of January 1, 2008 shall be permitted to expand or enlarge the enclosed retail sales area of the farm stand operation by up to fifty percent, cumulatively, of the enclosed retail sales area legally existing as of January 1, 2008, subject to compliance with the parking requirements of this Article. §72-6. Farm Stand Permits Issued Without the Requirement of Site Plan Approval. A farm stand permit shall be issued to applicants meeting the following requirements, and such farm stands shall not require site plan approval from the Planning Board, notwithstanding the provisions of Chapter 280, Article XXIV: (1) The farm stand is located on lands used in bona fide agricultural production by the owner or lessee of the property. (2) The enclosed retail sales area of the farm stand does not exceed 2,000 Generated June 4, 2008 Page 50 * Southold Town Board - Letter Board Meeting of June 3, 2008 square feet, and the total retail sales area of the farm stand does not exceed 3000 square feet. (3) The permanent farm stand structure is set back at least fifty feet from the road. (4) The farm stand parcel provides at least four off-street parking spaces, and also provides adequate space that may be used for unimproved on-site parking equivalent to one parking space for each 200 square feet of retail sales area. Farm stands that do not meet all of the criteria set forth in §72-6A, but meet at least the following, shall be subject to the requirements of the Modified Agricultural Site Plan approval process as set forth at §72-10, notwithstanding the provisions of Chapter 280, Article XXIV, if such farm stands meet at least the following: (1) The farm stand is located on lands used in bona fide agricultural production by the owner or lessee of the property. (2) The enclosed retail sales area of the farm stand does not exceed 3000 square feet, and the total retail sales area of the farm stand does not exceed 4,000 square feet. (3) The permanent farm stand structure is set back at least fifty feet from the road. (4) The farm stand parcel provides at least four off-street parking spaces, and also provides adequate space that ma,/be used for unimproved on-site parking equivalent to one parking space for each 200 square feet of retail sales area. Retail sales operations that do not meet the definition of a farm stand pursuant to this Chapter, as well as farm stands that do not meet either the requirements of §§ 72-6A or B, shall be subject to the full site plan requirements of Chapter 280, Article XXIV, as well as all other zoning and use restrictions of Chapter 280 or the Town Code. Generated June 4, 2008 Page 51 Southold Town Board - Letter Board Meeting of June 3, 2008 §72-7. Farm Stand Offerings. All farm stands shall conform to the following product offering restrictions: A. At least sixty percent of the gross dollar value of all items offered for sale at farm stands shall consist of agricultural products grown by the farm stand operator within the Town of Southold. B. No more than forty percent of the gross dollar value of all items offered for sale at a farm stand may consist of items manufactured or processed by the farm stand operator, or other items complementary to the farm stand operation, including items grown, manufactured, processed or packaged elsewhere, and food, clothin~ or souvenir items accessory to the farm stand operation. §72-8. Maximum Size of Farm Stand. In all cases, farm stands shall not exceed 4,000 square feet in enclosed retail sales area, excluding storage areas, temporary display areas and areas inaccessible to the general public. §72-9. [Reserved] §72-10. [Reserved] §72-11. Variance Procedures. Any farm stand that is found not to meet the requirements of this Article may appeal such decision or seek a variance therefrom with the Zoning Board of Appeals. In addressing the merits of any variance application, the Zoning Board of Appeals shall consider the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the community by such grant, in further consideration of (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; (3) whether the requested variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of Generated June 4, 2008 Page 52 Southold Town Board - Letter Board Meeting of June 3, 2008 the variance. 872-12. Penalties for Offenses. Any violation of this Article shall be grounds for the revocation of an existing farm stand permit. Furthermore, any violator of this Article shall, upon conviction, be guilty of a violation punishable by a fine not exceeding $500 or imprisonment not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense as permitted by law. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $1,500 or imprisonment not to exceed 15 days, or both. II. 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. IlL APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 0] MOVER: Thomas H. Wickham, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Wickham, Evans, Russell ABSTAIN: Albert Krupski Jr. Generated June 4, 2008 Page 53