HomeMy WebLinkAboutSize Limit on Retail Uses 2005SOUTHOLD TOWN BOARD
PUBLIC HEARING
December 14, 2005
7:00 PM
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN THAT there has been
presented to the Town Board of the Town of Southold, Suffolk County, New York, on
the 22nd day of November, 2005 a Local Law entitled "A Local Law in relation to Size
Limitations on Retail Uses" 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 14th of December~ 2005 at 7:00
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 Size Limitations on
Retail Uses" reads as follows:
LOCAL LAW NO. 2005
A Local Law entitled, "A Local Law in relation to Size Limitations on Retail Uses".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose - The goals of the Town of Southold, as set forth in numerous planning
documents over the past twenty years, include the preservation of land, preservation of
the rural, cultural and historic character of the hamlets, preservation of the Town's
natural environment and natural resources, promotion of a range of housing and business
opportunities that support a socio-economically diverse community, and an increase in
transportation efficiency while preserving the scenic and historic attributes of the Town.
The Town of Southold Hamlet Study, adopted by the Town Board in 2005, recommended
amendments to the zoning code which would strengthen the business centers and
encourage businesses that support the east end lifestyle. The study concludes that large-
scale commercial activity is inconsistent with the community character of the Town, and
would be inappropriate. The Local Waterfront Revitalization Plan (LWRP), also adopted
by the Town Board in 2005, mandates that all new development should be integrated in
the hamlets in a manner that is compatible with the community character, and the
economic vitality of the business districts should be enhanced.
A report prepared for the Town Board by Mark Terry, Acting Department Head, dated
November 2005 titled the "Impacts of Big Box and Large Retail Stores on Community
Business and Proposed Amendments to the Town of Southold Town Code" highlights the
detrimental effects large scale commercial development can have on small towns. The
Town of Southold's unique geography coupled with these potential detrimental effects on
the community have prompted the Town Board to prepare this Local Law.
The Town Board enacted a temporary moratorium on retail site plans and special
exception use permits over 3000 square feet in October 2005 in order to allow the Town
the opportunity to grapple with the issue and adequately prepare a solution to the
mounting pressure from large scale retailers.
This Local Law is intended to place a limit on the size of retail uses in the Town of
Southold, in order to preserve the community character of the hamlets and the
sustainability of the business districts. In addition, the law provides that those seeking
larger businesses will also provide rental apartments in the structure, thus contributing to
a wider range of new housing opportunities in the downtown areas.
II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows:
§ 100-13. Definitions.
SHOPPING CENTER - A group of retail and service businesses which have an
integrated architectural and site design and which have an anchor tenant consisting of
either a supermarket or a department store if the anchor tenant encompasses a minimum
of 25,999 10,000 square feet of area.
§ 100-91. Use Regulations.
In the HB District, no building or premises shall be used and no building or part
of a building shall be erected or altered which is arranged, intended or designed to be
used, in whole or in part, for any uses except the following:
A. Permitted uses. The following are permitted uses and, except for those
uses permitted under Subsection A(1), A(2), A(3) and A(20) hereof, are subject to site
plan approval by the Planning Board:
(7) Retail stores, up to a maximum of 3,000 square feet of gross floor area
for each retail store (inclusive of all floor area associated with the retail
store) in any building. Notwithstanding the provisions of the Bulk
Schedule for Business, Office and Industrial Districts, the maximum total
size of an,/building including such retail stores shall be 15,000 square feet
of gross floor area.
B. Uses permitted by special exception by the Board of Appeals. The following
uses are permitted as a special exception by the Board of Appeals as hereinafter provided,
except Subsection (10) which may be permitted as a special exception by the Planning
Board, and all such special exception uses shall be subject to site plan approval by the
Planning Board.
(10) Retail stores in excess of 3,000 square feet of gross floor area
(inclusive of all floor area associated with the retail store), up to a
maximum of 6,000 square feet of such gross floor area, subject to the
following requirements:
(a) For each and every additional 1,000 square feet of ~oss
floor area (or portion thereof} associated with the retail store, the
applicant shall provide an accessory apartment subject to the
requirements of Subsection C below. Such accessory apartment
shall either be owner-occupied or leased on a yearly basis, and the
owner shall be required to provide documentation demonstrating
such facts.
(b) Compliance with the design standards for retail
establishments in effect as adopted by the Town Board of the
Town of Southold by resolution.
§ 100-101. Use regulations.
In the B District, no building or premises shall be used and no building or part
thereof shall be erected or altered which is arranged, intended or designed to be used, in
whole or in part, for any uses except the following:
A. Permitted uses. The following uses are permitted uses and, except for
those uses permitted under Subsection A(1), (12) and (13) hereof, are subject to site plan
approval by the Planning Board:
(2) Any permitted use set forth in and regulated by § 100-91A(3) to
(21) of the Hamlet Business District, except Subsection A(7) as applicable
in the Business District is herein modified as follows:
(a) Retail stores, up to a maximum of 4,000 square feet of
gross floor area for each retail store (inclusive of all floor area
associated with the retail store) in an,/building. Notwithstanding
the provisions of the Bulk Schedule for Business, Office and
Industrial Districts, the maximum total size of any building
including such retail stores shall be 15,000 square feet of gross
floor area.
(b) Retail stores located in a shopping center existing as of
January 1, 2006, up to a maximum of 7,000 square feet of gross
floor area for each retail store (inclusive of all floor area associated
with the retail store).
B. Uses permitted by special exception by the Board of Appeals. The
following uses are permitted as a special exception by the Board of Appeals as
hereinafter provided, except Subsections (17) and (18) which ma,/be permitted as a
special exception by the Planning Board, and all such special exception uses shall be
subject to site plan approval by the Planning Board.
(17) Retail stores in excess of 4,000 square feet of gross floor area
(inclusive of all floor area associated with the retail store), up to a
maximum of 7,000 square feet of such gross floor area, subject to the
following requirements:
(a) For each and every additional 1,000 square feet of gross
floor area (or portion thereof} associated with the retail store, the
applicant shall provide an accessory apartment subject to the
requirements of Subsection C below. Such accessory apartment
shall either be owner-occupied or leased on a yearly basis, and the
owner shall be required to provide documentation demonstrating
such facts.
(b) Compliance with the design standards for retail
establishments in effect as adopted by the Town Board of the
Town of Southold by resolution.
(18) Retail stores in excess of 7,000 square feet of gross floor area
(inclusive of all floor area associated with the retail store), up to a
maximum of 15,000 square feet of such gross floor area, subject to the
following requirements:
(a) The retail store(s) shall be located in a shopping center
existing as of January 1, 2006.
(b) The Planning Board shall determine whether the proposed
retail stores will have an undue adverse impact on the community.
In making such a determination, the Planning Board shall conduct
or hire a consultant to conduct a Market and Municipal Impact
Study, at the expense of the applicant. Such study shall include an
analysis of the projected impact of the retail store(s) on:
ii.
iii.
iv.
The existing local retail market, including market
shares, if applicable.
The supply and demand for local retail space.
Local wages, benefit and employment.
Revenues retained within the local economies of the
vii.
viii.
ix.
Town of Southold.
Public service and facilities costs.
Public revenues.
Impacts on municipal taxes.
Impacts of property values in the community.
Effects on retail operations in the surrounding
market area.
Employee housing needs, if applicable.
The Town of Southold's ability to implement its
Comprehensive Plan consistent with the proposed
project.
(c)
Compliance with the design standards for retail
establishments in effect as adopted by the Town Board of
the Town of Southold by resolution.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be
adjudged by any court of competent jurisdiction to be invalid, the judgment shall not
affect the validity of this law as a whole or any part thereof other than the part so decided
to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of
State as provided by law.
I have a notice that this has been sent out to the County of Suffolk and the Department of
Planning and they have responded as follows: "Pursuant to the requirements of the
Suffolk County Administrative code this application which has been submitted to the
Suffolk County Planning Commission is considered to be a matter of local determination
as there is no apparent significant county wide or inter-community impact. A decision of
local determination should not be construed as either an approval or a disapproval." I
have a letter also here in the file from the IGA of Southold, the person who wrote it is
Charlie Reichert, it is dated December 14th, "To Members of the Southold Town Board,
re: Big Box legislation. I personally own the 16,000 square foot IGA building in the
hamlet business zone in Southold. My building also houses the luncheonette as a tenant.
Under the proposed legislation, I would become non-conforming. Your legislation would
require that in order to be conforming, I would have to have only 6,000 square feet and
create three apartments in order to serve the people of Southold. This is an absurd
impossibility. I have constant requests from our customers who love our store but wish
for us to expand in order to provide a greater variety of food choices. I presently cannot
accommodate them and many travel to Cutchogne or Mattituck for their shopping. I feel
that you are creating a virtual monopoly for the other food stores in town, i.e. King
Kullen and Waldbaums at well over 40,000 square foot each not including the other
tenants in the shopping centers. Does your definition of retail included my supermarket?
I understand and appreciate the development pressures that are on our town. However,
with the inevitable growth that we all experience as we get to our ultimate build-out, all
of our residents will need to eat every day. How does this proposed law affect me? Why
haven't I been contacted? Am I now a non-conforming building? Can I expand? What
hurdles will we encounter? It seems as if the law is giving with one hand and taking
away with the other. Increasing the size of one store by providing apartments is not
feasible in my case and in many other cases in town. Suffolk County Health Department
will not allow this to happen and we cannot count on transfer of sanitary flow credits that
don't exist and may not ever happen. I urge this Board to involve more members of the
business community and not push forth a hastily prepared plan that has far reaching
effects that have not been properly dealt with. Thank you for your time and serious
consideration." I have a letter here from the Planning Board, dated December 14th also re
the Planning Board's recommendations regarding "A local law in relation to size
limitations of retail uses." "At the request of the Board, the Planning Board has prepared
the following observations and recommendations for your review regarding the above
captioned local law. These observations and recommendations are grounded in our
understanding of the Town's vision and sound planning principals. Since the moratorium
on retail development was enacted three months ago, the Planning Board has taken the
opportunity to assess the proposed legislation as it has evolved. During that period it
became clear that them are varying opinions regarding the proposed legislation. While
there is an overall consensus on a number of issues, there are other instances where the
members of the Planning Board simply have conflicting opinions. Accordingly, we have
prepared these comments that reflect the opinions of the majority as well as that of the
minority of the Planning Board. The majority's opinion of the Planning Board can be
summarized as follows: 1. The Planning Board generally supports the limitations on the
size of retail structures in the B and HB zoning districts. However, the size limits and
design guidelines should be developed for each of the hamlets rather than a single set of
standards that may or may not be applicable to certain hamlets. This will reflect not only
the obvious differences between the hamlets but it will further validate the
recommendations made by the stake holders who were very clear about how they want to
see their respective hamlets grow. To that end it is recommended that the Board consider
creating overlay districts to regulate land uses and building site design in each of the
hamlets. This will allow the Planning Board to appropriately evaluate new development
and apply standards that are specific to each hamlet. 2. Despite limiting the size of retail
stores in the HB zoning district, it appears that the largest building permitted within this
zone is 15,000 square feet. If this is the case, it is conceivable that a 15,000 square foot
building could have up to 15,000 square feet of retail space, that is five stores at a
maximum of 3,000 each. The Planning Board finds that a 15,000 square foot building,
regardless of its uses may be too large particularly in the hamlet centers. More
importantly, based on the size of the property it is possible to have more than one 15,000
square foot building each containing a number of retail uses. This may leave the Town
open to a strip center style of development, which is largely inconsistent with the style of
development located throughout the Town. Therefore the Planning Board strongly
encourages the adoption of very strict design standards that would prevent this style of
development and more importantly, the Planning Board needs to have enough authority
to impose these design standards. (We are still on the majority view of the Planning
Board) 3. It is recommended that a provision be added that excludes supermarkets from
the size limits. While the Planning Board acknowledges the need to evaluate the impacts
of large supermarkets within the hamlet centers, it is also true that supermarkets are
generally treated differently than other retail uses. However, clear definition of
supermarket will need to be added to the Town Code. 4. Planning Board wants to be
assured that the proposed legislation does not prohibit 'campus style' development. 5.
To prevent a company from getting around the size limits by housing its store in two or
more adjacent buildings, it is recommended that the Town craft a definition of
"individual retail trade" business that encompasses any retailer operating out of multiple
separate structures. This would be any business or businesses that involve in whole or in
part retail and/or wholesale sales allowable in the applicable zoning district that share
check stands or storage areas, that share management that are leased, owned, possessed or
otherwise controlled in any manner directly or indirectly by the same individuals, entities
etc or controlled by different individuals including but not limited to corporations,
partnerships etc. And such individuals that have a controlling ownership or contractual
right and the same individuals or entities that act as an employee, an owner, a partner or
agent." I turn now to the minority opinion of the Planning Board, which reads as follows:
"There is concern (this is the minority view of the Planning Board) that upon the
enactment of the proposed local law a number of commercial properties in town will
become non-conforming. This will create a burden to those existing businesses which
depending on the size of the structures may not be able to reasonably expand their
businesses without having to go to the Zoning Board of Appeals for variances or seek
other time consuming and costly remedies. The potential inability for an existing local
business to expand is contradictory to the purpose of encouraging local business growth
and strengthening the Town's business centers. 2. Local business owners should not be
required to provide accessory apartments in order to expand their businesses. Some may
simply not want to become landlords, in other cases, sanitary flow may become a major
issue. There may not be enough sanitary flow credits to allow for both an expansion of
the retail space plus the addition of one or more accessory apartments." I don't know that
I have any more...
SUPERVISOR HORTON: We will take comments from the floor.
COUNCILMAN WICKHAM: I believe that is all that we have in the file at this time.
SUPERVISOR HORTON: Thank you, Councilman Wickham. Would anybody care to
address the Board?
PATRICIA MOORE: I thank you. I am coming up first, I usually wait to be last but
there are concerts and all kinds of activities which is some, could be the reason why it is
lightly attended meeting and I would urge the Board that on it's Wednesday night, which
is not a standard Town Board night and the fact that you are dealing with retail operations
during the height of the retail season is probably evidenced by the turnout you have
tonight. I am really quite surprised that the retail, the business community hasn't read
this more carefully and considered not necessarily their particular business but the re-use
of the building that they are occupying. That is my greatest concern, is the economic
impact that this legislation is going to have with the re-use of buildings. You have such
buildings as the North Fork Bank building, this Town Hall building. I don't know the
specific square footages of all of these buildings but I can tell they are more than 3,000
square feet and what you are going to do is make it very difficult for existing businesses
when the next generation decides to either sell or use it for some other retail use, you are
going to end up impacting generations with this law. That is my very serious and
concern for myself and my children in the viability of this, certainly Southold hamlet but
all the different hamlets. I will remind the Board also that you went through an extensive
rezoning of Route 48, which targeted all the retail uses off of Route 48 to avoid the type
of development that occurred in other areas west of Mattituck, where you have
development that is off of the hamlets. Now you are undercutting the commercial
development of the hamlets. You are essentially, why don't you just say no more
business and be done with it? And then at least the rules will be set. What you have got
here is fine but if your children or your grandchildren want to open up a business, forget
it, go somewhere else. With respect to businesses, I am glad IGA spoke out the way they
did but I think other types of stores that require large spaces, such as furniture stores, boat
and car dealerships, clothing store; anybody who tries to do a clothing store that can
compete against some of the larger retailers in the Riverhead area has to be diversified,
they might need extra space. A general store, something like Thompson's. How would
you build a Thompson's today under this legislation? I don't know that you could. I
don't know that Thompson's would be able to sell their building, not to say that they ever
plan to, but let's say that they wanted to re-use their building for some other entity. I
think that all of the existing businesses, while I recognize the protection of nature of the
efforts that are being made, I think that for the record we should make it very clear that
the reason this legislation is brought to the table is because of a CVS application that was
I guess being considered, hadn't even been applied for. But I think that this legislation
and your definition of retail so over, is going to absorb so many other uses that you have
no intention nor do you really realize that you are going to impact. I agree also with the
minority view of the Planning Board, the Health Department criteria are so strict that
even for an office like mine, which is a non water producing entity, I was restricted in the
amount of, in the accessory apartment and my accessory apartment is for family. So
there is a limitation on the accessory apartments that you can build out assuming public
water and in many areas of the hamlets in Cutchogue do not have public water. So you
are actually imposing another criteria that is impossible to meet under the Health
Department regulations. Another issue which I can again attest for from my own
personal experience is that for every accessory apartment that an owner needs to build, I
think you have to budget anywhere from $100,000 to $150,000 per accessory apartment.
That is the real cost of building an accessory apartment. And any business is not going to
put $150,000 into their properties. They would rather apply it to the viability of their
business, to making their business be competitive against the larger retailers in
Riverhead. So again, these are very real numbers and it is frustrating because I represent
developers, I represent landowners but then I have to work through this legislation that
you create and there is always the excuse 'well, we are going to try it and we are going to
tweak it' well, let me tell you, it never gets tweaked. We have a legislation, the 60 foot
rule, I have had absolutely every application that, every commercial application that I
have had to deal with has had to go for a variance from the 60 foot rule. And the reason
that legislation was put in the books and it is on the record at the time that legislation was
put on was to avoid strip shopping centers. Well, we rezoned against the development of
strip shopping centers but we never took out the 60 foot rule. We put the laws in but they
never come out and it is becoming so cost prohibitive. Time is money and you are never
going to get through any of these laws without a land use attorney and I thank you for
that because you are making my job, you know, I have job security for life here. But that
is very frustrating because you don't want a business to be spending all their money, all
their budget in process. They should be applying it towards their business and towards
the, just the functioning of their business. They are making a beautiful building, use the
same money that process, you are asking for in process; have them apply it towards
architectural control or to architectural features. I would much rather see somebody place
an extra $100,000 in a building to make it absolutely beautiful than $100,000 to put a
mandatory accessory apartment. What else? Oh, finally with respect to these accessory
apartments, I find it very difficult for accessory apartments, the build out of accessory
apartments, the state building codes also puts limitations on your accessory apartment.
Are we going, when you put a, the code says over existing businesses. Well, that is fine
but have you talked to the Building Department about what is the fire code with an
accessory apartment over an existing business? You have to have fire rating, you may
have to have sprinklers. You may have to have ADA compliance, which means
elevators. There are so many pitfalls in an accessory apartment law and that is why there
has been a limited number of accessory apartments built out. Most of the accessory
apartments in the town, in the hamlet of Southold for example are pre-existing. Because
today they would not be able to be built. I would have like to put accessory apartments
as a second store so my building didn't have to go out, you know, 3,000 feet out to the
back of my property but I couldn't because the state building code made it prohibitive for
me to do it without making it on the first floor. So these are very real, personal
experiences that I have had to build something that is really for family, so therefore, you
know, I guess money is not an issue. But for a business who is going to be doing it as
part of a profitable venture, it is impossible. It is cost prohibitive. I would ask that you,
if you have to put architectural controls, that is the best way to do it. That is design
criteria. But even design criteria, unfortunately when you are just saying make it this big,
make it that big, whatever, you are artificially sometimes impacting the very good
architects we have in this town. We have very creative people, very talented people and
the designs are always hampered by the artificial regulations. So even those, craft them
carefully. And make them so that you have policies or you have certain criteria you want
to accomplish. But don't hamper the design. So, I do not like legislation, I do not like
regulations, I think that generally they never attack the real problem but they always
impact everyone else. So I thank you for your consideration.
SUPERVISOR HORTON: Thank you, Ms. Moore. Are there other comments from the
floor in regards to this matter? Mr. McCarthy?
TOM MCCARTHY: Good evening, Tom McCarthy, Southold. I have quite a few
concerns. As you folks might know, I am in the real estate business and I am in the
development business but I don't come here with the developers hat on and say let
everybody build absolutely anything they want, I believe that some controls are proper
but I really would like the Board to think about some of the definitions that are in the
proposed code. I know that Mark and the staff worked hard on this and tried to put
something together in a time frame that maybe was shorter than what may be necessary.
We have a project going on right now that we have obtained all the approvals for, the
Plarming Board, Zoning Board, Health Department and so on and so forth; right up on the
North Road in Southold and it is going to be the new home for Southold Floor Covering.
Here is a business that needs to stock rolls of carpeting, they have bigger goods. They
have a 7,000 square foot store. Under your new code, they can't build it. So what he is
doing is he is trying to compete with the big box. He is trying to compete with Home
Depot and we are saying 'you can't do it.' The big box wins the argument. The big box
will win, the small guy will lose because you can't keep enough inventory in stock, it
may take him longer to get it and he will lose to the big box and people going to
Riverhead. So I think part of what you are doing may actually have the opposite effect of
what you are trying to accomplish and I think you really need to look at that and to take a
look at what the inventory is and I understand that staff has gone through and made an
inventory of what is out there. I would really like to take a look at it. ! do handle, in
addition to Pat Moore, quite a few applications that come in front of the Planning Board
and the Zoning Board and own properties myself and we deal with this stuff everyday.
And we would be happy to be part of that conversation. And we had some preliminary
conversations with Mark about it, just scoping wise. But I really would like to be part of
that conversation to see where are the pitfalls in the coming code? What can we do to
help and what can we do to solve some of the problems that the Town is looking to solve
as well. Another example, the Town has been after Tidy Car, up on the North Road. Get
the goods out of the front yard, put them inside the building. But with this particular
code, Mr. Penney has hired me to go through the site plan process for him and to put up
the building. This code also makes it difficult for him. This is a gentleman who has
campers and trailers and what have you. If you have larger goods in the B zone, the code
doesn't work. Do you want the apartments above a building on the North Road? Is that
what we want? And I think you have to ask yourself that. Is that really what you are
trying to accomplish? And both of those applicants would not have enough sanitary flow
in order to "buy" the extra square footage that you want them to buy from either the
sanitary flow bank or from some other source that is yet to be undetermined and at a price
that is undetermined in order to accomplish their goals. 15,000 square foot building, I
think you need to look at the existing character of the down town areas. Is 15,000 good
or bad? If you look at the Southold Pharmacy area, that has the appearance of one
building even though it is different facades. If you look at Love Lane, where the Post
Office is, the market and going down towards Orlowski Hardware; that is something, are
you going to allow that to happen? By the code, if you limit it to 15,000, I think you are
discouraging some of that sort of row type development, in the downtown areas. How
would this code affect the Orlowski Hardware, which appears to be bigger than 3,000
square feet already. What does he have to do if he wants to expand? And I don't think
that the code properly addresses the existing businesses that are in town that contribute to
the local economy and give us a choice of where we shop; how are they going to grow
their businesses as the taxes increase and as everything else increases around us? I
believe that the code is in conflict with the recent decision that I believe Pat Moore had
been involved with with Stanley Malon in Cutchogue. The Malon on the Main Road in
Cutchogue next to Kaelin's. There was an issue of how many uses can you have on a
piece of property? The Building Department has always said if you are in the B zone you
need 30,000 square feet for every use, or let's say every tenant. So if you wanted to have
two tenants in the B zone, you need to have two times 30,000 square feet or an acre and
a half. That is the way the Building Department interpreted it, it sent it over to the
Zoning Board but the Zoning Board came back on the Malon decision and said you can
have as many uses as you want, as long as it complies with site plan and they are in one
building. It didn't make any sense to me when I looked at it and when I read it and when
I investigated it because the purpose of planning that the planners have been looking to
do and what the Town Board has been looking to do for the last 20 some odd years is to
create a campus style development to encourage smaller businesses, smaller buildings
with really good architecture and the Zoning Board came out with a decision that said
you can have as many businesses as you want, put them in a big building, make it as big
as you can, you can have whatever you want on the inside as long as it complies with site
plan so, I think that the Town Board should take a look at that decision and perhaps give
some direction to the Planning and Zoning Board. Do you want campus style? Do you
want small scale development or do you want a larger store in a larger building and cram
as much as you want into it? Because right now the Planning Board and the Zoning
Board are going in opposite directions and I don't know if the Town Board is aware of
that. So I think with looking at this, you really, it is incumbent upon all of you before
you take a vote on this in a positive direction, to take a look at the recent planning and
zoning decisions that are giving the Building Department direction as to send somebody
to the Zoning Board or to give them the okay to proceed with planning. And I think it is
more of a global issue that is going to affect the Town for a long time than a knee-jerk
reaction to CVS because it affects a lot of local businesses that are paying taxes, trying to
support their families and trying to expand their businesses as the costs and prices go up
around them. It seems that in addition to probably the greatest asset that any of the local
people have and own is their house and if you happen to be a business owner, that second
asset is your business property. And I feel that this is really interfering with the value of
those business properties which already have so many restrictions put on them already.
So I really ask you to take a look at all of those issues and take a look at the Malon
decision, take a look at which direction is the Planning Board going, which direction is
the Zoning Board going and how can you give them direction instead of throwing them
into another circle and saying well now figure this out because I don't think any of it is
coordinated. And I really ask you to take a look at that before you vote.
SUPERVISOR HORTON: Thank you, Mr. McCarthy.
MR. MCCARTHY: Thank you.
SUPERVISOR HORTON: Other comments from the floor on this piece of legislation?
Yes, Mr. Dinizio.
JIM D1NIZIO: Hi, Jim Dinizio, Greenport. And what Mr. McCarthy said is absolutely
right. The Malon decision I can tell you from personal experience was a lack of
understanding of just exactly what was before us. And I can tell you from personal
experience that my view of that, of the application at the time, was that the Planning
Board was saying you can only have one use per so many; we were saying no, you can
have as many uses as you want. But when it got written, it got written differently okay?
And that is like I say, a lack of understanding. And certainly a lack of direction in the
code. Now let's go on with this code here because Malon does apply and I just want to
read these words to you because it is in here and I am going to tell you these are scary
words. 'No building or permits shall be used, no building or part of a building shall be
erected, altered, which is arranged, intended or designed to be used in whole or in part
except for the following:" That phrase is on every decision or I should say application
that is denied from the Building Department concerning Wall, okay? I left the Zoning
Board four years ago because of that decision and other things but certainly because of
that decision. Because it was the wrong decision and I firmly to this day believe that the
Town Board should have made that decision not the Zoning Board. It is there. This,
those, that sentence fight there will be in front of every application, any application from
a business that is more than 3,000 feet and in HB and 4,000 in the business. I can
guarantee you they will all be to us. And we are talking about porches. Anything that
has to do with any increase in that business going up, down, sideways is going to be
before the Zoning Board if you let this stand. I understand the intent of the law and I
mean, one thing comes to mind. About a year ago or two, there was a sign put up where,
I think Wheeler's Jewelry in Greenport was. And it said Subway coming. And without
a single law being passed, Subway didn't come. Because the village people let them
know under no circumstances they were not going to be welcome. And I think that is
what has to happen here, in all honesty. The people either have to rise and give their
opinion or let it be built. Quite honestly, Home Depot gave me a better Riverhead
Building Supply. I mean, I got some service out of their people, nice new building over
there, they deliver with forklifts. I mean, that is not, that is the market working. And it is
a free market and if someone has a lot and can build a building on it and not need a
variance one, it is only my opinion, they should be allowed to do it. They could read it in
the code, they make their plans. They make their plans based on the code. So be it.
Now, with this law again, it looks to me if you are going to pass this thing that you are
giving the Planning Board a power that they can't have in state law which is the power to
grant an area variance. Because if you look in B-10, that is an area variance. If they
want more than 3,000 square feet in that zone, it is an area variance. The Planning Board
can't grant area variances and you can't give them that power. So you need to work that
somehow because that could be very dangerous and of course, you could just throw the
law out. And probably that is in, yeah, it is in B, too. It is in the B zone also. I mean just
reading this today I think, you know, what Pat Moore had to say and her business has
increased greatly because of, you know, the use of non-conformities, the increase in non-
conformities in Town and you know, I think really you should and I am more than
willing to help; go back to the drawing board on this or just drop it all together. Thank
yOU.
SUPERVISOR HORTON: Thank you, Mr. Dinizio. Would anybody else care to speak
to this legislation? Yes, Ms. Weisman.
LESLIE WEISMAN: Hi. Leslie Weisman from Southold. First of all, I would like to
really support the Planning Board's recommendation as the chair of the Southold Hamlet
Stakeholder Committee to create overlay zones that will allow flexibility in interpreting
local entrepreneurship throughout the different hamlets. I believe we are all united in a
common purpose that is extremely well articulated in the introduction to this proposed
piece of legislation. I think the problem is in the detail and there are clearly complex
details involved in how to go about accomplishing the goal that there seems to be no
controversy on. Certainly when we talked about local character, we were not talking
about square footage. Scale is not necessarily only related to square footage. One can
make things in a scale even though they may be larger in square footage that still is in
keeping with the quality, the aesthetic quality of the surroundings. So I think that there is
a whole lot that needs to be examined and I think the intent, I understand that it is likely
not, probably because of potential litigation that one cannot discriminate by mentioning
specifically individual businesses. But our purpose was never to impede local businesses
and entrepreneurs, IGA is a good neighbor and I am distressed to think that they may
when they provide such a good service, you know, be inhibited by legislation when in
fact what we are trying to do is keep them here and keep them contributing to our
community. So I think the Town Board and our legal department and Planning Board
have some more work to do on this. We had hoped to get it done within the 90 day
period. I know it is a bit disappointing that that isn't the case but if it needs to take longer
to get it right, then I highly recommend that we continue to consider all of the very
thoughtful that were spoken tonight. There was no one that spoke that I actually feel I
disagree with, frankly. I think they are all very valid comments and I would urge the
Town Board to take them into consideration in considering what is before you now.
Thank you.
SUPERVISOR HORTON: Thank you very much, Ms. Weisman. Other comments on
this legislation? Yes, you Frank, and then you, Mr. Nickles.
FRANK WILLS: Good evening, my name is Frank Wills. Live in Mattituck. Got a
question. The 3,000 foot level, is that just the footprints or is that the total area of the
building? What I am getting at is if it is only the footprint someone could put a two or
three story building up and have 6,000 or 9,000 square feet.
COUNCILMAN WICKHAM: Total retail space.
MR. WILLS: Okay, so that's ....
SUPERVISOR HORTON: And getting three stories in Southold Town might require an
act of god.
MR. WILLS: Hmm?
SUPERVISOR HORTON: Getting three stories on a commercial unit in the Town of
Southold would be very difficult.
MR. WILLS: Well, I am looking at the CVS in Mattituck and that looks like at least a
two and half story building. Going back 10 years or so, the battle over McDougal or
McDonald's as I call it, had some benefits. Still they came and yet they weren't the
orange roof or whatever, it was a modified structure. That might be an interesting appeal.
Basically though I agree with we have got to put stop to extending Route 58 in Riverhead
out here. That is not what we live here for and that is what has got to be done. So it may
have some mistakes or errors in it but overall the idea is great. Let me also add a small
detail on the kind of business that CVS runs, when they bought Eckardt, a Canadian
company, they split up the Eckardt holdings because CVS was afraid of anti-trust because
they had too many stores. They now have 5,300 stores. Two months after that, CVS
decided to change their mind and put up a building, what, 200 feet or 300 feet from
Eckardt. That is the kind of people we are up against. So, beware.
SUPERVISOR HORTON: Yes, sir. I am sorry Mr. Nickles, I will get you next.
SHELDON BARKOFF: My name is Sheldon Barkoff from Southold. I think I agree
with everybody else that spoke before. I think what is happening here is that I think that
this proposal is an overreaction to CVS and I think that the points made here are very
valid. That you have to have a competitive nature in this society today. You have to
have certain conveniences for the people that live here and I think that if you use, as
somebody else said before, square footage as the agenda for that lack of business, okay,
you are going to restrict things that people need. And the competitive nature of business
has to seek its value here. And you also have to watch out for certain other things. You
can't compare CVS and when you say it people like shudder alright, to McDonalds. CVS
has a purpose, okay. Certainly a different purpose than McDonalds. They potentially
could be open 24 hours a day. They could serve a community well, okay. Now, I am not
saying they should build an 11,000 square foot building, okay. But you can't put
everything into one pot. There were some people that spoke here about local businesses,
they have a need here. They have a competitive nature to grow. They want their families
to grow, they want their children to grow and they want their community to grow and I
think this overreaction, okay, is just too complete and too complex and I think it needs a
lot more work and I think it is just too restrictive on very, very good things. Okay? You
are eliminating maybe some things you don't want but you are eliminating too many
good things. And I think that is one of the problems. Another thing is in the majority
opinion, which I find like sort of a little crazy, they said the only thing they exclude is
supermarkets. Well, you know, if they exclude supermarkets why not exclude
drugstores? Why not exclude banks? Why don't exclude, okay, you can't give them that
kind of power. They want that power and most town's have that power and it is all about
control. They want control, this thing is too controlling. And I think you need to revise it
and I think you have to consider it because I think it is restrictive.
SUPERVISOR HORTON: Thank you very much, sir. Mr. Nickles?
JOHN NICKLES, JR.: Good evening, John Nickles, Jr., Southold. I would like to talk a
little bit about the retail use. I think that the Town has to look at what types of retail uses
that when they think of Southold, what do they think of Southold? And if there are eight
or nine hamlet centers that we just did extensive hamlet studies and I think that you have
got sort of a picture of what each hamlet study group wanted things to look like, as sort of
a consensus. And I think that while you are figuring out what is the proper way to put a
hamlet study forward, you also have to think about some of the types of businesses that
maybe the hamlet stakeholders didn't envision popping up in the hamlet. Some type of
franchise stores perhaps. And I think it would be more productive to go along the route
that you did with the formula food legislation, define what it is and define where in Town
you think that is appropriate. I think that the consensus of a lot of the hamlet
stakeholders was that maybe the hamlet centers is maybe not where that is appropriate
but maybe in some other zone, that might be appropriate but in my opinion, I don't think
it is appropriate in the hamlet business zone. So if you are looking at the size, I think
you are casting too large a net with this proposal over these retail uses. Trying to say that
everybody is going to fit into this one size fits all, you are in the HB zone, you are going
to have a maximum of 3,000 square feet per retail use, I think that's misguided. I think
that it is coming from the right place, you are trying to look at what is the proper scale
and having as many as five 3,000 square foot retail uses in one building, that might not be
bad for business but I think that there has to be some flexibility there and you have to
actually take the inventory of what each hamlet center looks like and figure out what, if
any, is the impact going to be on those existing businesses because that is the one thing
that I have always been very concerned about is how we are going to impact these
existing businesses. Are they going to be allowed to grow? Are we going to be creating
too much of a non-conformity where we are going to have to come to the Zoning Board
of Appeals every time we want to do something? That is something that I want to avoid.
The apartments. I know that having apartments in the hamlet centers is something that
we have talked about a lot. It has good I think planning behind that concept to create
more foot traffic and give some vitality to the hamlet centers and I was an advocate and
supporter of the legislation that was passed here by some members of this Board to allow
3 accessory apartments above the HB and the B zoned properties by right. We found out
that there are some sanitary flow credit problems that were maybe not going to allow
everybody to do that and this Board has started grappling with that a little bit with the
sanitary flow credit legislation. However, if I had known that the Town would one day
said in order to get a variance, in order to expand, you must have accessory apartments
upstairs; I never would have supported it. I think that is like, it is disingenuous to give
something as of right and then in this proposal then take it away and use it as a stick to do
something else with. So I think that that is very problematic and I would like this Board
to take another look at really what the purpose is and you know, I would like to attend
another meeting if this Board wants to talk about some other ideas and I think that you
don't have to cast as large a net as this legislation does. Maybe to keep the hamlet
centers, the character of the hamlet centers from being changed too significantly by big
box stores, franchises, formula restaurants, formula food stores, that type of thing. And
thank you.
SUPERVISOR HORTON: Thank you, Mr. Nickles. Other comments on this proposed
legislation? (No response) We will close this hearing.
Southold Town Clerk
DEC, 13.2005 9:10AM N0.419 P, 1
I~ATRICIA A. F1NNEC~,N
'I~OV~ ATTORNEY
patr/c/a,finnegan~town.$ ol:t hold.ny.us
~ v:RAN M. CORCO1L~
ASSISTANT TOWN' ATTORNEY
kiera~.corcorau~town.~outhold,ny.us
LORI HULfl~ MOI~'r~eUSCO
ASSISTANT TOWN ATTORNEY
lo~.~uo~tefuzco~tow~ov~hold,ny,u$
JOSHUA Y. HORTON
Supervisor
Town Hall Annex. 54375 Route 25
P.O. ]~o~ 1179
Southold, ~ew York 11971-0959
Telephone (631) 765-1939
Facahnile (631) 765-6689
OFFICE OF THE. TOWN ATTORNEY
TOWN OF SOUTHOLD
FAX TRANSMISSION SHEET
FAX TO:
FROM:
DATE:
RE:
FAX NO.:
Number of pages including transmittal sheet:
Ms. Lynda Bohn
Southold Town Clerk's Office
Lynne Krauza
Secretary to the Town Attorney
December 13, 2005
Backup to ID #1359 (SEQRA for Retail Use LL)
(631) 765-6145
5
MESSAGE.' Here is the backup for the resolution just submitted for approval
referenced above. Thanks.
cc: Ms. Ruthanne Woodhull (via facsimile)
PLEASE CALL 631-765-1939 WITH ANY QUESTIONS OR TRANSMITTAL
PROBLEMS.
PLEASE NOTE: The information contained in this facsimile message is privileged and
confidential, and is intended only for the individual named above and others who have been
specificaJly authorized to receive it. If you are not the intended recipient, you are hereby notified
that any dissemination, distribution, or copying of this Communication is strictly prohibited. If you
have received this communication in error, or if any problems occur with transmission, kindly
contact the office of the Southold Town Attorney at (631) 765-1939. Thank you.
DEC, 13,2005 9:IOAM NO. 41g P, 2
617.21
Appendix F
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination of Non-Significance
SEQR
Project Number
Date December 2005
This notice is issued pursuant to Part 617 of the implementing regulations
pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental
Conservation Law.
The Town of Southold Town Board as lead agency, has determined that
the proposed action described below will not have a significant effect on the environmental
and a Draft Environmental Impact Statement will not be prepared.
Name of Action; Retail Use Size Limitations
SEQRStatus:
Typel []
Unlisted []
Conditioned Negative Declaration:
Yes []
No []
Description of Action:
The purpose of the amendments are to limit the size of retail uses in the HB Hamlet
Business and B General Business zoning districts so that new retail development shall
be propedy integrated into the hamlets in a manner that is compatible with the character
of the community, and sustains the business districts. The action also requires the
provision of rental apartments if larger retail businesses are sought.
Location: (Include street address and the name of the municipality/county. A location map
of appropriate scale is also recommended.)
The HB and B zoning districts in the Town of Southold, Suffolk County
DEC. 13.2005 9:lOAM N0.419 P. 3
SEQR Negative Declaration Page 2
REASONS SUPPORTING THIS DETERMINATION:
(See 617.6(g) for requirements of this determination; see 617.6(h) for Conditioned Negative Declaration)
See Affached
Conditioned Negative Declaration, provide on attachment the specifio mitigation measures imposed.
For Further Information:
Contact Person:
Address:
Telephone Number:
Elizabeth A, Neville, Town Clerk
Town Hall, 53095 Route 25, Southold, NY 11971
631-765-1800
For Type I Actions and Conditioned Negative Declarations, a Copy of this Noti¢e Sent to:
Commissioner, Dep't of Environmental Conservation, 50 Wolf Road, Albany, NY 12233-0001
NYSDEC Region 1, SUNY, Building 40, Stony Brook, NY 11790
Supervisor, Town of Southold, Town Hall 53095 Route 25, Southold, NY 11971
Applicant (if any)
Other Involved Agencies (if any)
DEC, 13,2005 9:lOAM N0,419 P, 4
REASONS SUPPORTING THIS DETERMINATION:
The purpose of the amendments involve limiting the size of retail uses in the HB Hamlet
Business and B General Business zoning districts so that new retail development shall
be properly integrated into the hamlets in a manner that is compatible with the character
of the community, and sustains the business districts. The action also requires the
provision of rental apartments if larger retail businesses are sought. The amendments
will restrict the amount of new retail space that can be constructed, and as such, will
correspondingly reduce potential adverse environmental impacts resulting from future
retail development.
The action will not result in a significant adverse change in existing air quality.
The proposed amendments to the size of retail development in the HD and B
zoning districts will limit retail development which will in turn reduce the number
of vehicle trips (including truck delivery trips) in the Town's hamlets and general
business districts. As a result, the action will decrease the potential for adverse
air quality impacts.
No significant negative impacts to surface or ground water features will result
from the proposed action. The amendments will limit the size of new retail
development. It should be noted that the B and particularly the HD districts are
substantially built-out already. The limited amount of new development that might
have otherwise been permitted, would be further restricted under the proposed
action. Under the provisions of the amendments, larger scale retail development
would have to provide for new rental accessory apartments. These new
apartments would have to comply with the applicable density and Health
Department regulations. As a result, the proposed amendments will not result in
any significant adverse impacts to the Town's surface or ground water features.
New long term, permanent noise impacts are not anticipated. Once again, the
adoption of the amendments will limit the size of new retail development. The
proposed action will therefore, not result in adverse noise impacts.
The project will not create any new flooding impacts. Most of the Town's HD and
B zoning districts are located outside of flood prone areas. New retail
development must comply with all applicable development regulations, including
compliance with flood damage and prevention previsions. The adoption of the
amendments will not result in any new significant flooding impacts.
As previously noted, the adoption of the amendments will reduce overall new
retail development square footages. New retail uses may modify existing traffic
generation rates and/or traffic patterns somewhat. These potential changes will
be reviewed on a case by case basis during site plan reviews. Appropriate
controls, limitations and mitigation measures will be imposed as necessary.
However, it is important to note that the proposed amendments reduce potential
retail square footages. It can therefore be anticipated that the adoption of the
proposed amendments will not result in a significant adverse impact to traffic
conditions.
DEC, 13,2005 9:11AM N0,419 P, 5
The proposed amendments will not result in a substantial change to existing solid
waste generation. Existing and future solid waste generated wiI] continue to be
disposed of in accordance with existing Town procedures,
The proposed amendments address potential new retail development in the B
and HB zoning districts. Both of these districts are nearly fully built-out today. No
large undeveloped areas with undisturbed vegetation exist in these areas. The
proposed limitations on the size of new retail development will likely allow the
Planning Board to preserve existing significant trees. As a result; the proposed
action will have no significant negative impact to vegetation.
No rare, threatened or endangered species of animals, or the habitat of such
species have been identified in the hamlet centers and business areas of the
Town zoned HB and B. New retail development, even that allowed under the
restrictions and limitations proposed in the current action, will not result in any
significant adverse impact to any rare, threatened or endangered species of
animals, or the habitat of such species
The proposed action does not create a material conflict with the community's
current development plans or goals. In fact, the proposed action is wholly
consistent with the Town's vision for the future and comprehensive plan.
lQ.The proposed amendments are not anticipated to result in any adverse impacts
to historical or archaeological resources.
11.Limiting retail development to conform to the character of the community will not
result in any significant adverse aesthetic impacts.
12.The proposed action will not result in a major change in the quantity or type of
energy currently used. The proposed action will actually limit the amount of future
retail development that might otherwise be permitted if the action were not
adopted. No significant adverse energy impacts are anticipated.
13.The proposed adoption of the amendments will not create a hazard to human
health.
14. This action will not result in changes in two or more elements of the environment,
which alone would not have as a significant effect on the environment, but when
considered together, would result in as a substantial adverse impact on the
environment.
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
December 13, 2005
THOMAS ISLES, AICP
DIRECTOR OF PLANNING
RECEIVED
Ms. Elizabeth Neville, Town Clerk
Town of Southold
53095 Main Road -P.O. Box 1179
Southold, NY 11971
Southold lown Clerk
Applicant: Town of Southold
Zoning Action:
Amendment to Zoning Law "Size
Limitations on Retail Use: Section 100-13
(Definitions), 100-91 and 101 (Use
Regulations)
Public Hearing Date: 12/14/05
SCPC File No.: SD-05-11
Dear Ms. Neville:
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative
Code, the above referenced application, which has been submitted, to the Suffolk County Planning
Commission is considered to be a matter for local determination as there is no apparent significant
county-wide or inter-community impact(s). A decision of local determination should not be
construed as either an approval or disapproval.
Very truly yours,
Thomas Isles, AICP
Director of Planning
Chief Planner
APF:cc
G:\CCHO RNY~ZONING~ZONING\WORKIN G~D2005',APR~SHOS-9,APR
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. - 4TH FLOOR · P.O. BOX 6100 · (631) 853-5190
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631} 853-4044
~LANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
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:
Joshua Y. Horton, Supervisor
Members of the Town Board
From: Jerilyn Woodhouse, Planning Board Chair
Members of the Planning Board
Date: December 14, 2005
Re:
Planning Board Recommendations regarding "A Local Law in relation to
Size Limitations on Retail Uses."
At the request of the Town Board, the Planning Board has prepared the following
observations and recommendations for your review regarding the above-captioned
proposed Local Law. These observations and recommendations are grounded in our
understanding of the Town's vision and sound planning principles.
Since the moratorium on retail development was enacted three months ago, the Planning
Board has taken the opportunity to assess the proposed legislation as it has evolved.
During that time period, it became clear there are varying opinions regarding the
proposed legislation. While there is an overall consensus on a number of issues, there are
other instances where the members of the Planning Board simply have conflicting
opinions. Accordingly, we have prepared these comments to reflect the opinions of the
majority as well as that of the minority of the Planning Board.
The majority opinion of the Planning Board can be summarized as follows:
1) The Planning Board generally supports the limitations on the size of retail structures
in the B and HB Zoning Districts. However, the size limitations and design
guidelines should be developed for each of the Hamlets, rather than a single set of
standards that may or may not be applicable to certain Hanalets. This will reflect not
only the obvious differences of each of the Hamlets, but it will further validate the
2)
3)
4)
5)
recommendations made by the Stakeholders, who were very clear about how they
want to see their respective Hamlet grow. To that end, it is recommended that the
Town Board reconsider creating overlay districts to regulate land uses and
building/site design in each of the Hamlets. This will allow the Planning Board to
appropriately evaluate new development and apply standards that are specific to a
Hamlet.
Despite limiting the size of retail stores in the HB Zoning District, it appears that the
largest building permitted within this zone is 15,000 square feet. If this is the case, it
is conceivable that a 15,000 square foot building could have up to 15,000 square feet
of retail space (five stores at a maximum of 3,000 square feet each). The Planning
Board finds that a 15,000 square foot building, regardless of its uses, may be too
large, particularly in the Hamlet Centers. More importantly, based on the size of the
property, it is possible to have more than one 15,000 square building, each containing
a number of retail uses. This may leave the Town open to "strip center" style of
development, which is largely inconsistent with the style of development located
throughout the Town. Therefore, the Planning Board strongly encourages the
adoption of very strict design standards that would prevent this style of development.
More importantly, the Planning Board needs to have enough authority to impose
these design standards.
It is recommended that a provision be added that excludes supermarkets from the size
limitations. While the Planning Board acknowledges the need to evaluate the impacts
of large supermarkets within the Hamlet Centers, it is also true that supermarkets are
generally treated differently than other retail uses. However, a clear definition of
"supermarket" will need to be added to the Town Code.
The Planning Board wants to be assured that the proposed legislation does not
prohibit "campus-style" development.
To prevent a company from getting around the size limit by housing its store in two
or more adjacent buildings, it is recommended that the Town craft a definition of
"individual retail trade" business that encompasses any retailer operating out of
multiple separate structures. This would be any business or businesses that involve,
in whole or in part, retail and/or wholesale sales, allowed in the applicable zoning
district that:
a) share check stands or storage areas,
b) share management, or
c) are owned, leased, possessed or otherwise controlled, in any manner,
directly or indirectly,
i) by the same individual(s) or entity(ies), including but not
limited to corporation(s), partnership(s), limited liability
company(ies) or trust(s), or
ii) by different individuals or entities, including but not limited to
corporations, partnerships, limited liability companies or trusts
where
(1) such individual(s) or entity(ies) have a controlling
ownership or contractual right with the other
individual(s) or entity(ies), or
(2) the same individual(s) or entity(ies) act in any
manner as an employee, owner, partner, agent,
stockholder, director, member, officer or trustee of
the entity(ies), and are located within one or more
separate buildings or structures within 800 feet of
one another, regardless whether they are attached or
detached.
The minority opinion of the Planning Board can be summarized as follows:
There is concern that upon the enactment of the proposed local law, a number of
commercial properties in the Town will become non-conforming. This will create
a burden to those existing businesses that, depending on the size of the structures,
may not be able to reasonably expand their businesses without having to go to the
Zoning Board of Appeals for variances or seek other time consuming and costly
remedies. The potential inability for an existing local business to expand is
contradictory to the purposes of encouraging local business growth and
strengthening the Town's business centers.
Local business owners should not be required to provide accessory apartments in
order to expand their businesses. Some may simply not want to become
landlords. In other cases, sanitary flow may become a major issue. There may
not be enough sanitary flow available to allow for both an expansion of the retail
space plus the addition of one or more accessory apartments.
BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
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
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Joshua Y. Horton, Supervisor
Members of the Town Board
From: Jerilyn Woodhouse, Planning Board Chair
Members of the Planning Board
Date: December 14, 2005
Re: Planning Board Recommendations regarding "A Local Law in relation to
Size Limitations on Retail Uses."
At the request of the Town Board, the Planning Board has prepared the following
observations and recommendations for your review regarding the above-captioned
proposed Local Law. These observations and recommendations are grounded in our
understanding of the Town's vision and sound planning principles.
Since the moratorium on retail development was enacted three months ago, the Planning
Board has taken the opportunity to assess the proposed legislation as it has evolved.
During that time period, it became clear there are varying opinions regarding the
proposed legislation. While there is an overall consensus on a number of issues, there are
other instances where the members of the Planning Board simply have conflicting
opinions. Accordingly, we have prepared these comments to reflect the opinions of the
majority as well as that of the minority of the Planning Board.
The majority opinion of the Planning Board can be summarized as follows:
1) The Planning Board generally supports the limitations on the size of retail structures
in the B and HB Zoning Districts. However, the size limitations and design
guidelines should be developed for each of the Hamlets, rather than a single set of
standards that may or may not be applicable to certain Hamlets. This will reflect not
only the obvious differences of each of the Hamlets, but it will further validate the
2)
3)
4)
5)
recommendations made by the Stakeholders, who were very clear about how they
want to see their respective Hamlet grow. To that end, it is recommended that the
Town Board reconsider creating overlay districts to regulate land uses and
building/site design in each of the Hamlets. This will allow the Planning Board to
appropriately evaluate new development and apply standards that are specific to a
Hamlet.
Despite limiting the size of retail stores in the HB Zoning District, it appears that the
largest building permitted within this zone is 15,000 square feet. If this is the case, it
is conceivable that a 15,000 square foot building could have up to 15,000 square feet
of retail space (five stores at a maximum of 3,000 square feet each). The Planning
Board finds that a 15,000 square foot building, regardless of its uses, may be too
large, particularly in the Hamlet Centers. More importantly, based on the size of the
property, it is possible to have more than one 15,000 square building, each containing
a number of retail uses. This may leave the Town open to "strip center" style of
development, which is largely inconsistent with the style of development located
throughout the Town. Therefore, the Planning Board strongly encourages the
adoption of very strict design standards that would prevent this style of development.
More importantly, the Planning Board needs to have enough authority to impose
these design standards.
It is recommended that a provision be added that excludes supermarkets fi.om the size
limitations. While the Planning Board acknowledges the need to evaluate the impacts
of large supermarkets within the Hamlet Centers, it is also tree that supermarkets are
generally treated differently than other retail uses. However, a clear definition of
"supermarket" will need to be added to the Town Code.
The Planning Board wants to be assured that the proposed legislation does not
prohibit "campus-style" development.
To prevent a company fi.om getting around the size limit by housing its store in two
or more adjacent buildings, it is recommended that the Town craf~ a definition of
"individual retail trade" business that encompasses any retailer operating out of
multiple separate structures. This would be any business or businesses that involve,
in whole or in part, retail and/or wholesale sales, allowed in the applicable zoning
district that:
a) share check stands or storage areas,
b) share management, or
c) are owned, leased, possessed or otherwise controlled, in any manner,
directly or indirectly,
i) by the same individual(s) or entity(ies), including but not
limited to corporation(s), partnership(s), limited liability
company(ies) or trust(s), or
ii) by different individuals or entities, including but not limited to
corporations, partnerships, limited liability companies or trusts
where
(1)
(2)
such individual(s) or entity(ies) have a controlling
ownership or contractual right with the other
individual(s) or entity(ies), or
the same individual(s) or entity(ies) act in any
manner as an employee, owner, partner, agent,
stockholder, director, member, officer or trustee of
the entity(les), and are located within one or more
separate buildings or structures within 800 feet of
one another, regardless whether they are attached or
detached.
The minoriO~ opinion of the Planning Board can be summarized as follows:
There is concern that upon the enactment of the proposed local law, a number of
commercial properties in the Town will become non-conforming. This will create
a burden to those existing businesses that, depending on the size of the stmctums,
may not be able to reasonably expand their businesses without having to go to the
Zoning Board of Appeals for variances or seek other time consuming and costly
remedies. The potential inability for an existing local business to expand is
contradictory to the purposes of encouraging local business growth and
strengthening the Town's business centers.
Local business owners should not be required to provide accessory apartments in
order to expand their businesses. Some may simply not want to become
landlords. In other cases, sanitary flow may become a major issue. Them may
not be enough sanitary flow available to allow for both an expansion of the retail
space plus the addition of one or more accessory apartments.
Hometown Proud
Southold Town Board
Route 25
Southold, NY 11971
Re: Big Box Legislation
December 14, 2005
To the Members of the Town Board,
I presently own the 16,000 square foot IGA building in the Hamlet Business Zone in
Southold. My building also houses a luncheonette as a tenant. Under the proposed
legislation, I would become non-conforming. Your legislation would require that in order
to be conforming I would have to have only have 6000 feet and create 3 apartments in
order to serve the people of Southold. This is an absurd impossibility!! I have constant
requests from our customers who love our store but wish for us to expand in order to
provide a greater variety of food choices. I presently can not accommodate them and
many travel to Cutchogue or Mattituck for their shopping.
I feel that you're are creating a virtual monopoly for the other food stores in Town, (ie:
King Kullen and Waldbaums at well over 40,000 sq fi each, not including the other
tenants in their shopping centers).Does your definition of retail include my supermarket?
I understand and appreciate the development pressures that are on our Town. However,
with the inevitable growth that we will experience as we get to our ultimate buildout, all
of our residents still need to eat every day. How does this proposed law affect me? Why
haven't I been contacted? Am I now a nonconforming building? Can I expand? What
hurdles will we encounter?
It seems as if the law is giving with one hand and takinglaway with the other. Increasing
the size of ones' store by providing apartments is not feasible in my case and in many
other cases in town. The Suffolk County Health Department will not allow this to happen
and we can not count on transfer of Sanitary flow credits that don't exist and may not
ever happen.
I urge this Board to involve more members of the business community and not push forth
a hastily prepared plan that has far reaching effects that have not been properly dealt
with.
Thank you for your time and serious consideration.
Sincerely,
Charlie Reichert
Southold IGA
12/14/2005
15:31
631-853-4844
S C PLANING DEPT
COUNTY OF SUFFOLK
S'r~'v E LEW'
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
December l3,2005
PAGE
FILE COPY
THOMAS ISLES, AICP
DIRIrCTOR OF PLANNING
01
Ms. Elizabeth Neville, Town Clerk
Town of Southold
53095 Main Road - P.O. Box 1179
Southolfl, NY 11971
Applicant:
Zoning Action:
Public Hearing Date:
SCPC File No.:
Town of Southold
Amendmant to Zoning Law "Size
Limitations on Retail Use: Sec'don 100-13
(Definitions), 100-91 and 101 (Use
Regulations)
12/14/05
SD-05-11
Dear Ms. Neville:
Pursuant to thc requirements of Sections A 14-14 to 23 of the Suffolk County Adminiuh~ve
Code, thc above refel~nc~xi application, which has been submitted, to thc Suffolk County Planning
Commission is considered to be a matter for local dete~-afination as there is no apparent significant
counly-wide ;or inter-community impact(s). A decision of local determination should not be
construed as either an approval or disapproval.
Ve~, t~uly yours,
Thomas Isles, AICP
Director of Plmming
Andrew P. Freleng, AICP
Chief Planner
APF:cc
LOCA"rlO N MAILING ADDR~$
H. LEE DENNISON BLDO. - 4,TH FLOOR · P.O. BOX 6100 (631) 853-5170
J 00 VETERANS MEMORIAL HIGHWAY HAUPPAUGE. NY 11788~099 TELECOPIER (631 ] 853-4044
PL~.NNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
MEMORANDUM
To: Joshua Y. Horton, Supervisor
Members of the Town Board
From: Jerilyn Woodhouse, Planning Board Chair
Members of the Planning Board
Date: December 14, 2005
Re.'
Planning Board Recommendations regarding "A Local Law in relation to
Size Limitations on Retail Uses."
At the request of the Town Board, the Planning Board has prepared the following
observations and recommendations for your review regarding the above-captioned
proposed Local Law. These observations and recommendations are grounded in our
understanding of the Town's vision and sound planning principles.
Since the moratorium on retail development was enacted three months ago, the Planning
Board has taken the opportunity to assess the proposed legislation as it has evolved.
During that time period, it became clear there are varying opinions regarding the
proposed legislation. While there is an overall consensus on a number of issues, there are
other instances where the members of the Planning Board simply have conflicting
opinions. Accordingly, we have prepared these comments to reflect the opinions of the
majority as well as that of the minority of the Planning Board.
The majority opinion of the Planning Board can be summarized as follows:
1) The Planning Board generally supports the limitations on the size of retail structures
in the B and HB Zoning Districts. However, the size limitations and design
guidelines should be developed for each of the Hamlets, rather than a single set of
standards that may or may not be applicable to certain Hamlets. This will reflect not
only the obvious differences of each of the Hamlets, but it will further validate the
2)
3)
4)
5)
recommendations made by the Stakeholders, who were very clear about how they
want to see their respective Hamlet grow. To that end, it is recommended that the
Town Board reconsider creating overlay districts to regulate land uses and
building/site design in each of the Hamlets. This will allow the Planning Board to
appropriately evaluate new development and apply standards that are specific to a
Hamlet.
Despite limiting the size of retail stores in the HB Zoning District, it appears that the
largest building permitted within this zone is 15,000 square feet. If this is the case, it
is conceivable that a 15,000 square foot building could have up to 15,000 square feet
of retail space (five stores at a maximum of 3,000 square feet each). The Planning
Board finds that a 15,000 square foot building, regardless of its uses, may be too
large, particularly in the Hamlet Centers. More importantly, based on the size of the
property, it is possible to have more than one 15,000 square building, each containing
a number of retail uses. This may leave the Town open to "strip center" style of
development, which is largely inconsistent with the style of development located
throughout the Town. Therefore, the Planning Board strongly encourages the
adoption of very strict design standards that would prevent this style of development.
More importantly, the Planning Board needs to have enough authority to impose
these design standards.
It is recommended that a provision be added that excludes supermarkets fi.om the size
limitations. While the Planning Board acknowledges the need to evaluate the impacts
of large supermarkets within the Hamlet Centers, it is also true that supermarkets are
generally treated differently than other retail uses. However, a clear definition of
"supermarket" will need to be added to the Town Code.
The Planning Board wants to be assured that the proposed legislation does not
prohibit "campus-style" development.
To prevent a company from getting around the size limit by housing its store in two
or more adjacent buildings, it is recommended that the Town craft a definition of
"individual retail trade" business that encompasses any retailer operating out of
multiple separate structures. This would be any business or businesses that involve,
in whole or in part, retail and/or wholesale sales, allowed in the applicable zoning
district that:
a) share check stands or storage areas,
b) share management, or
c) are owned, leased, possessed or otherwise controlled, in any manner,
directly or indirectly,
i) by the same individual(s) or entity(ies), including but not
limited to corporation(s), partnership(s), limited liability
company(ies) or trust(s), or
ii) by different individuals or entities, including but not limited to
corporations, partnerships, limited liability companies or trusts
where
(1) such individual(s) or entity(ies) have a controlling
ownership or contractual right with the other
individual(s) or entity(ies), or
(2) the same individual(s) or entity(ies) act in any
manner as an employee, owner, partner, agent,
stockholder, director, member, officer or trustee of
the entity(ies), and are located within one or more
separate buildings or structures within 800 feet of
one another, regardless whether they are attached or
detached.
The minority opinion of the Planning Board can be summarized as follows:
There is concern that upon the enactment of the proposed local law, a number of
commercial properties in the Town will become non-conforming. This will create
a burden to those existing businesses that, depending on the size of the structures,
may not be able to reasonably expand their businesses without having to go to the
Zoning Board of Appeals for variances or seek other time consuming and costly
remedies. The potential inability for an existing local business to expand is
contradictory to the purposes of encouraging local business growth and
strengthening the Town's business centers.
Local business owners should not be required to provide accessory apartments in
order to expand their businesses. Some may simply not want to become
landlords. In other cases, sanitary flow may become a major issue. There may
not be enough sanitary flow available to allow for both an expansion of the retail
space plus the addition of one or more accessory apartments.
#7650
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Jean Bur.qon of Mattituck, in said county, being duly sworn,
says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Mattituck, in the Town of Southold, County of Suffolk
and State of New York, and that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspaper once each week for
1 weeks, successively, commencing on the 1st day of
December ,2005
Sworn to before me this
2005
~cipal Clerk
day of . ~'~
CHRISTINA VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
NO. 01-V06105050
Quallfiecl In Suffolk County
~is~lon Expires February 28, 2008
LEGAL NO~ICE
NOTICE OF PUBLIC HEARING
NOTICE 1S HEREBY GIVEN
THAT there has been presented to the
Town Board of the Town of Southold,
Suffolk County, New York, on the 22nd
day of November, 2005 a Local La~? eh-
rifled "A Local Law in relarion to Size
I~m/tations on Retail Uses, AND
NOTICE I~ HEREBY lrtlRTHER
GIVEN that the Town Board of the
Town of Southold will hold a public
bearinE on'the aforesaid Local Law at
the Southold Town HaH, 53095 Main
Road, Southold, New York, on the 14th
of December, 2005 at 7.'00 p.m. at which
time all interested persons ~ be given
an opportenity lo be heard.
The proposed Local Law enritied,"A
Local Law in relation to Size Limita-
tions on Retail U~es' reads as follows:
A Local Law entitled, ~
BE n' ENACi~4) by the Town
Board of the Town of Southold as fol-
lows:
Southold, as asr forth in ~ plan-
ervation of the Town's natural environ-
oi a range of housinE and busine~ op-
~orumifies that ~pp~rt a soc/o-eco-
nomicafly d/ver~e commun/ty, and ~n in-
presenting the scen/c and historic atUi-
old Hamlet Study, adopted by the Towa
Board in 200~, recommended amend-
courage bualne~es ~hat ~-t the east
end lif~tyle. The study concludes that
Sistem with the communit~ clmacter of
~e Town, ~d would be inappropriate.
The Local Watedront RevitaHzarion
Plan (LWRP), aho adopted by the Town
special e~ ~e pennies over 3000 tion by the Board of Appeals. The fol-
uses permtited under Subsection A(1);
ing or part thereof shall be erected or
altered which is arrayed, intended or Dalai:NOVEMBER22,2005
A(1), (12) and (13) hereof, are subject 76~$0-1T 12~1
(2) Any permitted use set forth in
and regulated by § 100-91A(3) to (21)
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT there has been presented to the Town Board
of the Town of Southold, Suffolk County, New York, on the 22nd day of November,
2005 a Local Law entitled "A Local Law in relation to Size Limitations on Retail
Uses" AND
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of
Sonthold will hold a public heating on the aforesaid Local Law at the Southold Town
Hall, 53095 Main Road, Southold, New York, on the 14th of December~ 2005 at
7:00 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 Size Limitations on
Retail Uses" reads as follows:
LOCAL LAW NO. 2005
A Local Law entitled, "A Local Law in relation to Size Limitations on Retail Uses".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose - The goals of the Town of Southold, as set forth in numerous
planning documents over the past twenty years, include the preservation of land,
preservation of the rural, cultural and historic character of the hamlets, preservation of
the Town's natural environment and natural resources, promotion ora range of
housing and business opportunities that support a socio-economically diverse
community, and an increase in transportation efficiency while preserving the scenic
and historic attributes of the Town. The Town of Southold Hamlet Study, adopted
by the Town Board in 2005, recommended amendments to the zoning code which
would strengthen the business centers and encourage businesses that support the east
end lifestyle. The study concludes that large-scale commercial activity is inconsistent
with the community character of the Town, and would be inappropriate. The Local
Waterfront Revitalization Plan (LWRP), also adopted by the Town Board in 2005,
mandates that all new development should be integrated in the hamlets in a manner
that is compatible with the community character, and the economic vitality of the
business districts should be enhanced.
A report prepared for the Town Board by Mark Terry, Acting Department Head,
dated November 2005 titled the "Impacts of Big Box and Large Retail Stores on
Community Business and Proposed Amendments to the Town of Southold Town
Code" highlights the detrimental effects large scale commercial development can
have on small towns. The Town of Southold's unique geography coupled with these
potential detrimental effects on the community have prompted the Town Board to
prepare this Local Law.
The Town Board enacted a temporary moratorium on retail site plans and special
exception use permits over 3000 square feet in October 2005 in order to allow the
Town the oppommity to grapple with the issue and adequately prepare a solution to
the mounting pressure from large scale retailers.
This Local Law is intended to place a limit on the size of retail uses in the Town of
Southold, in order to preserve the community character of the hamlets and the
sustainability of the business districts. In addition, the law provides that those
seeking larger businesses will also provide rental apartments in the structure, thus
contributing to a wider range of new housing opportunities in the downtown areas.
II. Chapter 100 of the Code of the Town of Southold is hereby amended as
follows:
§ 100-13. Definitions.
SHOPPING CENTER - A group of retail and service businesses which have
an integrated architectural and site design and which have an anchor tenant consisting
of either a supermarket or a department store if the anchor tenant encompasses a
minimum of 25,999 10,000 square feet of area.
§ 100-91. Use Regulations.
In the HB District, no building or premises shall be used and no building or
part of a building shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any uses except the following:
A. Permitted uses. The following are permitted uses and, except for those
uses permitted under Subsection A(1), A(2), A(3) and A(20) hereof, are subject to site
plan approval by the Planning Board:
(7) Retail stores, up to a maximum of 3,000 square feet of gross floor
area for each retail store (inclusive of all floor area associated with the
retail store) in any building. Notwithstanding the provisions of the
Bulk Schedule for Business, Office and Industrial Districts, the
maximum total size of any building including such retail stores shall
be 15,000 square feet of gross floor area.
B. Uses permitted by special exception by the Board of Appeals. The
following uses are permitted as a special exception by the Board of Appeals as
hereinafter provided, except Subsection (10) which mag be permitted as a special
exception by the Planning Board, and all such special exception uses shall be subject
to site plan approval by the Planning Board.
(10) Retail stores in excess of 3,000 square feet of gross floor area
(inclusive of all floor area associated with the retail store), up to a
maximum of 6,000 square feet of such gross floor area, subject to the
following requirements:
(a) For each and every additional 1,000 square feet of gross
floor area (or portion thereof} associated with the retail store,
the applicant shall provide an accessory apartment subject to
the requirements of Subsection C below. Such accessory
apartment shall either be owner-occupied or leased on a yearly
basis, and the owner shall be required to provide
documentation demonstrating such facts.
(b) Compliance with the design standards for retail
establishments in effect as adopted by the Town Board of the
Town of Southold by resolution.
§ 100-101. Use regulations.
In the B District, no building or premises shall be used and no building or part
thereof shall be erected or altered which is arranged, intended or designed to be used,
in whole or in part, for any uses except the following:
A. Permitted uses. The following uses are permitted uses and, except for
those uses permitted under Subsection A(1), (12) and (13) hereof, are subject to site
plan approval by the Planning Board:
(2) Any permitted use set forth in and regulated by § 100-91A(3)
to (21) of the Hamlet Business District, except Subsection A(7) as
applicable in the Business District is herein modified as follows:
(a) Retail stores, up to a maximum of 4,000 square feet of
gross floor area for each retail store (inclusive of all floor area
associated with the retail store) in any building.
Notwithstanding the provisions of the Bulk Schedule for
Business, Office and Industrial Districts, the maximum total
size of any building including such retail stores shall be 15,000
square feet of gross floor area.
(b) Retail stores located in a shopping center existing as of
January 1, 2006, up to a maximum of 7,000 square feet of
gross floor area for each retail store (inclusive of all floor area
associated with the retail store).
B. Uses permitted by special exception by the Board of Appeals. The
following uses are permitted as a special exception by the Board of Appeals as
hereinafter provided, except Subsections (17) and (18) which mag be permitted as a
special exception by the Plannin~ Board, and all such special exception uses shall be
subject to site plan approval by the Planning Board.
(17) Retail stores in excess of 4,000 square feet of gross floor area
(inclusive of all floor area associated with the retail store), up to a
maximum of 7,000 square feet of such gross floor area, subiect to the
following requirements:
(a) For each and every additional 1,000 square feet of gross
floor area (or portion there, off associated with the retail store,
the applicant shall provide an accessory apamnent subiect to
the requirements of Subsection C below. Such accessory
apartment shall either be owner-occupied or leased on a yearly
basis, and the owner shall be required to provide
documentation demonstrating such facts.
Co) Compliance with the design standards for retail
establishments in effect as adopted by the Town Board of the
Town of Southold by resolution.
(18) Retail stores in excess of 7,000 square feet of gross floor area
(inclusive of all floor area associated with the retail store), up to a
maximum of 15,000 square feet of such gross floor area, subiect to the
following requirements:
(a) The retail store(s) shall be located in a shopping center
existing as of January 1, 2006.
(b) The planning Board shall determine whether the
proposed retail stores will have an undue adverse impact on the
community. In making such a determination, the Planning
Board shall conduct or hire a consultant to conduct a Market
and Municipal Impact Study, at the expense of the applicant.
Such study ~hall include an analysis of the projected impact of
the retail store(s) on:
ii.
iii.
The existing local retail market, including
market shares, if applicable.
The supply and demand for local retail space.
Local wages, benefit and employment.
iv. Revenues retained within the local economies of
vii.
viii.
ix.
the Town of Southold.
Public service and facilities costs.
Public revenues.
Impacts on municipal taxes.
Impacts of property values in the community.
Effects on retail operations in the surrounding
market area.
Employee housing needs, if applicable.
The Town of Southold's ability to implement its
Comprehensive Plan consistent with the
proposed project.
(c)
Compliance with the design standards for retail
establishments in effect as adopted by the Town Board
of the Town of Southold by resolution.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be
adjudged by any court of competent jurisdiction to be invalid, the judgment shall not
affect the validity of this law as a whole or any part thereof other than the part so
decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of
State as provided by law.
Dated: NOVEMBER 22, 2005
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON DECEMBER 1, 2005, AND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK,
TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
Suffolk Times Town Board Members
Planning Boad Building Dept
Town Clerk's Bulletin Board
Town Attorney
Zoning Board of Appeals
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 ~ll~:~, 2005, she
affixed a notice of which the annexed printed notice is a true copy, in a proper and
substantial manner, in a most public place in the Town of Southold, Suffolk County,
New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New
York.
Public Heating 12/14/05, 7:00 Pm
~Q t~lizabeth A. Nfv~fle-- -
Southold Town Clerk
__tO..before ~me,[his
day of l,.Ot~r~ ,2005.
l~tary Public
LYNDA M. BOHN
NOTARY PUBLIC, State of New York
No. 01 BO6020932
Qualified in Suffolk County
Term Expires March 8, 20~L7
ELIZABETH A. NEVILLE
TOW~. CLERK
REGISTI~_R 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
November 23, 2005
Re: Resolution No. 730 regarding proposed Local Law
in relation to Size Limitations on Retail Uses
Jeri 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 November 22, 2005 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 on the Local Law in relation to Size Limitations on Retail Uses is
7:00 PM, Wednesday, December 14, 2005. Should you have any questions, please do not
hesitate to contact me. Thank you.
Very truly yours,
· Newqle
Southold Town Clerk
Enclosures (1)
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
CERTIFIED MAIL
November23,2005
Thomas Isles, Director of Planning
Suffolk County Department of Planning .
Post Office Box 6100
Hauppauge, New York 11788-0099
Dear Mr. Isles:
The Southold Town Board at their meeting held on November 22, 2005 adopted resolution
number 730 regarding a proposed Local Law entitled: "A Local Law in relation to Size
Limitations on Retail Uses. A certified copy of this resolution is enclosed. Please prepare an
official report defining your recommendations or determination with regard to this proposed
Local Law and forward same to me at your earliest convenience. The date of the public hearing
is scheduled for 700 P.M., Wednesday, December 14, 2005: Thank you.
Enclosures (1)
Cc: Town Board
Town Attorney
Very truly yo~s~,.,., . ·
Elizabeth A. Neville
Southold Town Clerk
- · Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the Pack of the mallpiece,
or on the front if space permits.
Thomas Isles, Dir of Planning
S~uff. Ct),. Dept,bf:Planning
PO Box 6100
Hauppauge, NY 11788-0099
LL 2/14/05
2. A~e Numb~
PS Form
700
'2004 Dome~,
[] Reg~te~d
311E 0001 8547 5153
Co~,~ ?~ 2.30
(~n~or~,~nt R~4~r~) I. 75 H~r~
= ~ ~omas Isles, SC Dept of Plannin
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[~. PO Box 6100
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ELIZABETH NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
~[Fown Hall, 53095 Main Road
PO Box 1179
Southold, NY 11971
Fax (631) 765-6145
Telephone: (631) 765-1800
southoldtown.northfork.net
RESOLUTION # 2005-733
Resolution ID: 1315
Meeting: 11/22/05 07:30 PM
Department: Town Attorney
Category: Legislation
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-733 OF 2005 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER
22, 2005:
RESOLVED that the Town Board of the Town of Southold hereby directs the Town Clerk to transmit the
proposed Local Law entitled, "A Local Law In Relation to Size Limitations on Retail Uses" to the Suffolk
Count~ Planning Department and the Southold Town Planning Board for their recommendations.
Elizabeth A. Neville
Southold Town Clerk
ELIZABETH NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
53095 Main Road
PO Box 1179
Southold, NY 11971
Fax (631) 765-6145
Telephone: (631) 765-1800
southoldtown.northfork.net
RESOLUTION # 2005-730
Resolution ID: 1312
Meeting: 11/22/05 07:30 PM
Department: Town Attorney
Category: Local Law Public Hearing
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-730 OF 2005 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER
22, 2005:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York,
on the 22nd day of November, 2005 a Local Law entitled "A Local Law in relation to Size Limitations on
Retail Uses" 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 14t~ of December~ 2005 at
7:00 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 Size Limitations on Retail Uses" reads as
follows:
LOCAL LAW NO. 2005
A Local Law entitled, ~'A Local Law in relation to Size Limitations on Retail Uses".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose - The goals of the Town of Southold, as set forth in numerous planning documents over the
past twenty years, include the preservation of land, preservation of the rural, cultural and historic character of
the hamlets, preservation of the Town's natural environment and natural resources, promotion of a range of
housing and business opportunities that support a socio-economically diverse community, and an increase in
transportation efficiency while preserving the scenic and historic attributes of the Town. The Town of
Southold Hamlet Study, adopted by the Town Board in 2005, recommended amendments to the zoning code
which would strengthen the business centers and encourage businesses that support the east end lifestyle. The
study concludes that large-scale commercial activity is inconsistent with the community character of the Town,
and would be inappropriate. The Local Waterfront Revitalization Plan (LWRP), also adopted by the Town
Board in 2005, mandates that all new development should be integrated in the hamlets in a manner that is
compatible with the community character, and the economic vitality of the business districts should be
enhanced.
A report prepared for the Town Board by Mark Terry, Acting Department Head, dated November 2005 titled
the "Impacts of Big Box and Large Retail Stores on Community Business and Proposed Amendments to the
Town of Southold Town Code" highlights the detrimental effects large scale commercial development can have
on small towns. The Town of Southold's unique geography coupled with these potential detrimental effects on
the community have prompted the Town Board to prepare this Local Law.
The Town Board enacted a temporary moratorium on retail site plans and special exception use permits over
3000 square feet in October 2005 in order to allow the Town the opportunity to grapple with the issue and
adequately prepare a solution to the mounting pressure from large scale retailers.
This Local Law is intended to place a limit on the size of retail uses in the Town of Southold, in order to
preserve the community character of the hamlets and the sustainability of the business districts. In addition, the
law provides that those seeking larger businesses will also provide rental apartments in the structure, thus
contributing to a wider range of new housing opportunities in the downtown areas.
II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows:
§ 100-13. Definitions.
SHOPP1NG CENTER - A group of retail and service businesses which have an integrated architectural
and site design and which have an anchor tenant consisting of either a supermarket or a department store if the
anchor tenant encompasses a minimum of 25,999 10,000 square feet of area.
§ 100-91. Use Regulations.
In the HB District, no building or premises shall be used and no building or part of a building shall be
erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the
following:
A. Permitted uses. The following are permitted uses and, except for those uses permitted under
Subsection A(1), A(2), A(3) and A(20) hereof, are subject to site plan approval by the Planning Board:
(7) Retail stores, up to a maximum of 3,000 square feet of gross floor area for each retail store
(inclusive of all floor area associated with the retail store) in any building. Notwithstanding the
provisions of the Bulk Schedule for Business, Office and Industrial Districts, the maximum total
size of any building including such retail stores shall be 15,000 square feet of gross floor area.
B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a
special exception by the Board of Appeals as hereinafter provided, except Subsection (10) which may be
permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to
site plan approval by the Planning Board.
Page 2
(10) Retail stores in excess of 3,000 square feet of gross floor area (inclusive of all floor area
associated with the retail store), up to a maximum of 6,000 square feet of such gross floor area.
subject to the following requirements:
(a) For each and every additional 1,000 square feet of gross floor area (or portion
thereof) associated with the retail store, the applicant shall provide an accessory
apartment subject to the requirements of Subsection C below. Such accessory apartment
shall either be owner-occupied or leased on a yearly basis, and the owner shall be
required to provide documentation demonstrating such facts.
(b) Compliance with the design standards for retail establishments in effect as
adopted by the Town Board of the Town of Southold by resolution.
§ 100-101. Use regulations.
In the B District, no building or premises shall be used and no building or part thereof shall be erected or
altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the
following:
A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under
Subsection A(1), (12) and (13) hereof, are subject to site plan approval by the Planning Board:
(2) Any permitted use set forth in and regulated by § 100-91A(3) to (21) of the Hamlet
Business District, except Subsection A(7) as applicable in the Business District is herein
modified as follows:
(a) Retail stores, up to a maximum of 4,000 square feet of gross floor area for each
retail store (inclusive of all floor area associated with the retail store) in any building.
Notwithstanding the provisions of the Bulk Schedule for Business, Office and Industrial
Districts, the maximum total size of any building including such retail stores shall be
15,000 square feet of gross floor area.
(b) Retail stores located in a shopping center existing as of January 1, 2006, up to a
maximum of 7,000 square feet of gross floor area for each retail store (inclusive of all
floor area associated with the retail store).
B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted
as a special exception by the Board of Appeals as hereinafter provided, except Subsections (17) and (18) which
may be permitted as a special exception by the Planning Board, and all such special exception uses shall be
subject to site plan approval by the Planning Board.
(17) Retail stores in excess of 4,000 square feet of gross floor area (inclusive of all floor area
associated with the retail store), up to a maximum of 7,000 square feet of such gross floor area,
subiect to the following requirements:
(a) For each and every additional 1,000 square feet of gross floor area (or portion
thereof) associated with the retail store, the applicant shall provide an accessory
Page 3
apartment subject to the requirements of Subsection C below. Such accessory apartment
shall either be owner-occupied or leased on a yearly basis, and the owner shall be
required to provide documentation demonstrating such facts.
(b) Compliance with the design standards for retail establishments in effect as
adopted by the Town Board of the Town of Southold by resolution.
(18) Retail stores in excess of 7,000 square feet of gross floor area (inclusive of all floor area
associated with the retail store), up to a maximum of 15,000 square feet of such gross floor area,
subiect to the following requirements:
(a) The retail store(s) shall be located in a shopping center existing as of January 1,
2006.
(b) The Planning Board shall determine whether the proposed retail stores will have
an undue adverse impact on the community. In making such a determination, the
Planning Board shall conduct or hire a consultant to conduct a Market and Municipal
Impact Study, at the expense of the applicant. Such study shall include an analysis of the
projected impact of the retail store(s) on:
i. The existing local retail market, including market shares, if applicable.
ii. The supply and demand for local retail space.
iii. Local wages, benefit and employment.
iv. Revenues retained within the local economies of the Town of Southold.
(c)
v. Public service and facilities costs.
vi. Public revenues.
vii. Impacts on municipal taxes.
viii. Impacts of property values in the community.
ix. Effects on retail operations in the surrounding market area.
x. Employee housing needs, if applicable.
xi. The Town of Southold's ability to implement its Comprehensive Plan
consistent with the proposed proiect.
Compliance with the design standards for retail establishments in effect as
adopted by the Town Board of the Town of Southold by resolution.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
IV.
EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
Elizabeth A. Neville
Southold Town Clerk
Page 4